******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) Mercom, Inc. and its Subsidiary, ) CUID No. MI0765 (City of Monroe) Communications and Cablevision, Inc. ) d/b/a River Raisin Cablevision ) ) Complaint Regarding ) Cable Programming Services Tier ) Rate Increase ) ORDER Adopted: May 19, 1997 Released: May 22, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider a complaint concerning the rate charged by the above- referenced Operator ("Operator") for its cable programming service tier ("CPST") in the community referenced above. A complaint regarding Operator's CPST rates for the community referenced above was filed with the Commission on March 18, 1994. In response to this complaint, Operator filed a Motion to Dismiss on April 18, 1994, asserting the existence of effective competition. 2. In a Memorandum Opinion and Order released February 21, 1995 ("Prior Order"), the Commission found that Operator's system serving the community referenced above is subject to effective competition because it serves less than 30 percent of the households in the franchise area in the community referenced above. Based on our finding of effective competition in our Prior Order, Operator's system in the franchise area in the community referenced above is not subject to rate regulation and therefore, we dismiss all pending complaints for this system. Because we are dismissing the complaint on the grounds that effective competition is present, we find it unnecessary to rule on Operator's other objections to the complaint. 3. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules, 47 C.F.R. Section 0.321, that the referenced Motion to Dismiss IS GRANTED, and that the complaint against the CPST rate charged by Operator in the community referenced above IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau