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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554


In the Matter of                   )
                              )
TCI of Southern Minnesota               )    CUID No.  MN0090 (City of Albert Lea)
                                   )                                                           )                                                      )
Order Denying Jurisdiction              )                      


                             ORDER

   Adopted:  June 2, 1997               Released:  June 5, 1997 

By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:

     1.   In this Order we dismiss a complaint against the rates that the above-captioned
operator ("Operator") was charging for its cable programming services tier ("CPST") in the
community set forth above because the complaint concerns a rate that is outside the jurisdiction of
the Federal Communications Commission ("Commission").   

     2.   Under the Communications Act, the Commission regulates the CPST rates of cable
systems not subject to effective competition upon the filing of a valid complaint.  Section 76.953 of
the Commission's rules in effect at the time the complaint was filed provides that complaints
regarding a rate change for CPST or associated equipment must be filed with the Commission within
45 days from the date the complainant receives a bill from a cable operator that reflects the rate
change.  Although the complainant contends that he received a bill on March 29, 1995 which
contained a CPST rate increase, the complainant acknowledges that he received notice of a proposed
rate change for the next month.  The Complainant filed the complaint with the Commission on May
1, 1995 prior to receiving a bill from the Operator that reflects the rate change.  Upon review, we
find that the complaint was not timely filed and, consequently, does not trigger the Commission's
jurisdiction.

     3.   Accordingly, IT IS ORDERED, pursuant to Section 623(a)(2)(A) and (B) of the
Communications Act of 1934, as amended, 47 U.S.C. Section 543(a)(2)(A) and (B), that the
complaint against the CPST rate charged by Operator in the community referenced above, IS
DISMISSED.  

     4.   This action is taken pursuant to delegated authority under Section 0.321 of the
Commission's rules, 47 C.F.R.  0.321.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Elizabeth W. Beaty
                              Chief, Financial Analysis and Compliance Division
                              Cable Services Bureau