******************************************************** 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 ) ) Century Communications ) )CUID No. PR0012 (Catano) ) ) Order Denying Jurisdiction ) ORDER Adopted: June 11, 1997 Released: June 18, 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 rates that are outside the jurisdiction of the Federal Communications Commission ("Commission"). 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. Our review reveals that the complaint filed against Operator, while asserting that it challenges a CPST rate, challenges a rate increase to Operator's Value Pak, a New Product Tier ("NPT"), and not a CPST rate. Consequently, the complaint does not trigger the Commission's jurisdiction. 2.On September 1, 1993, Operator restructured its service offerings and began offering individually and through the Value Pak, three channels that were previously on the CPST. In a prior order regarding other systems owned by Operator, the Commission determined that even though Operator had removed channels from a regulated tier, Operator was not required to retier because only three to six channels were removed from the tier. Operator was permitted to treat its Value Pak offering as a NPT. Because the facts before us are similiar to the facts in the prior order, we find that the same treatment is warranted for the Operator's Value Pak in the community referenced above. For this reason, we find that Operator's January 1, 1994 rate increase involves a package that is to be treated as a NPT and therefore the complaint filed against it 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 rates 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