******************************************************** 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 ) ) James Cable Partners L.P., ) CUID No. WY0043 (Douglas) ) Withdrawal of FCC Form 329 ) Rate Complaint and Petition ) For Special Relief ) ORDER Adopted: September 2, 1997 Released: September 4, 1997 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. On October 8, 1993, the City of Douglas, Wyoming, the local franchising authority ("LFA") for the community referenced above filed a complaint against the rates of the above-captioned operator ("Operator") for its cable programming tier ("CPST") in the community set forth above. On August 29, 1994, the LFA filed a Petition for Special Relief requesting that the Federal Communications Commission ("Commission") review the Operator's cost of service showing in support of its basic tier rates. On February 14, 1995, the Commission granted the LFA's request. On January 9, 1996, the LFA requested that the Commission allow it to withdraw the FCC Form 329 rate complaint, and the Petition for Special Relief concerning the review of the basic service tier cost of service filings. 2. Our records show that, in the community referenced above, the LFA was the only complainant that filed a valid complaint with the 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. The withdraw of the only complaint against the operator's CPST rate in the community constitutes the termination of our jurisdiction to regulate those rates. 3. Our mandate is to protect subscribers of any cable system not subject to effective competition from paying rates higher than those that would be charged if the system were subject to effective competition. While our rules forbid collusive agreements between operators and franchising authorities regarding forbearance from rate regulation, there is no evidence of such an agreement here. We will accordingly allow the withdrawal of the complaint. 4. 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 request for permission to withdraw the FCC Form 329 rate complaint against the CPST rates, and the Petition for Special Relief in the community referenced above IS GRANTED, and the review of the resulting rate justification filings IS TERMINATED. 5. 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