******************************************************** 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 ) ) US Cable of Lake County ) CUID No. IL1097 (Winthrop Harbor) ) Order Denying Jurisdiction ) ORDER Adopted: September 15, 1997 Released: September 18, 1997 By the Acting 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"). 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. For complaints filed after February 28, 1994, Section 76.953 of the Commission's rules in effect at the time the complaint was filed provides that complaints regarding the rate change for CPST or associated equipment must be filed with the Commission within 45 days from the date the complainant receives a bill from the cable operator that reflects a rate change. Although the complainant contends that he first received a bill reflecting the CPST rate increase on March 3, 1994, we find that the bill attached to the complaint reflects no change in the CPST rate. Consequently, we conclude that the complaint 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), the complaint against the CPST rates charged by the 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 Margaret M. Egler Acting Chief, Financial Analysis and Compliance Division Cable Services Bureau