******************************************************** 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 ) ) Comcast Cable Communications, Inc. ) ) CUID No. MI0418 (Fraser) ) MI0637 (Sterling Heights) ) ) Order Dismissing Complaints ) ORDER Adopted: July 1, 1997 Released: July 3, 1997 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we dismiss complaints against the rate that the above-captioned operator ("Operator") was charging for its cable programming services tier ("CPST") in the communities referenced above because the complaints concern 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. 2. Cable systems are presumed not to be subject to effective competition. The Operator bears the burden of rebutting the presumption that effective competition does not exist by providing evidence that effective competition, as defined by our rules, is present in its franchise area. In a recent decision the Commission found that Operator was subject to effective competition in the communities referenced above. Consequently, the complaints pending against Operator in the above-referenced communities are dismissed and the review of the resulting rate justification filings are terminated. 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 complaints against the CPST rates charged by Operator in the communities referenced above ARE DISMISSED and the review of the resulting rate justification filings ARE TERMINATED. 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 Margaret M. Egler Acting Chief, Financial Analysis and Compliance Division Cable Services Bureau