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

In the Matter of                )
                                )  CUID Nos. CA0246 (Santa Cruz)
TCI Communications, Inc.        )            CA1373 (Richmond)
                                )            GA0773 (Forston)
                                )            MI0897 (Highland)
                                )            NJ0016 (Beach Haven)
Order Denying                   )            NJ0027 (Allamuchy)
Jurisdiction                    )            NJ0292 (Somerville)

                                
                             ORDER

     Adopted:  August 26, 1997                    Released:  September 2, 1997  

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

     1.   In this Order we dismiss complaints against the rates the above-referenced 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").  Operator either did not respond to the complaints or filed information
supporting a dismissal of the complaints.  

     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.  Our review reveals that the
complaints filed against Operator, while asserting a challenge to a CPST rate, challenge only a rate for the
basic service tier or equipment charges, and not a CPST rate.  Consequently, the complaints do 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 complaints
against the CPST rates charged by Operator in the communities referenced above ARE 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



                              Margaret M. Egler
                              
                              
     Acting Chief, Financial Analysis and Compliance Division
                              Cable Services Bureau