******************************************************** 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 ) CUID No. AR0108 (City of Arkadelphia) ) Texas Community Antennas, Inc. ) d/b/a Cable TV of Arkadelphia ) ) ) 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 rate that the above-referenced operator ("Operator") was charging for its cable programming service tier ("CPST") in the community set forth above on the grounds that the complaint concerns a rate that is outside the jurisdiction of the Federal Communications Commission ("Commission"). On January 25, 1994, the Commission received in response to the complaint a motion to dismiss filed by the Operator. In that motion, the Operator asserts that the complaint concerns rates that are outside the jurisdiction of the Commission. Under the Communications Act, the Commission regulates the CPST rate of cable systems not subject to effective competition upon the filing of a valid complaint. Our review reveals that the complaint filed against Operator, while asserting that it challenges the rate for the CPST, challenges only the rate for equipment associated with the basic service tier ("BST") and not the CPST. Therefore, the complaint does not trigger the Commission's jurisdiction. 2. 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 filed against the Operator in the community referenced in the caption is DISMISSED and the motion to dismiss filed by the Operator is GRANTED. 3. This action is taken pursuant to delegated authority under Section 0.321 of the Commission's Rules, 47 C.F.R. Section 0.321. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau