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

In the Matter of                )
                                )
MediaOne, Inc.                  )
                                )  CUID No. GA0411 (Alpharetta)
                                )
                                )
                                )
Order Dismissing Complaint      )


                             ORDER

     Adopted:  August 20, 1997          Released:  August 25, 1997   

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

     1.   In this Order we dismiss a complaint against the rate that the above-captioned operator
("Operator") was charging for its cable programming services tier ("CPST") in the community referenced
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.

     2.   On February 9, 1995, the Commission received in response to the complaint a motion to
dismiss filed by Operator.  In that motion to dismiss Operator asserts that the complaint should be dismissed
because the complainant did not refile his complaint within the specified time frame pursuant to Section
76.955 of our rules.  Review of the complaint revealed that the complaint was returned by the Commission
as defective on November 23, 1993.  The complainant failed to refile the complaint within 30 days of the
date that the Commission gave notice that the complaint was defective.  Therefore, the complaint must be
dismissed according to our rules.  Consequently, the complaint pending against Operator in the above-
referenced community is dismissed and the review of the resulting rate justification is 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 complaint
against the CPST rates charged by Operator in the community referenced above IS DISMISSED and the
review of the resulting rate justification filing IS TERMINATED and the motion to dismissed filed by
Operator IS GRANTED.

     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