******************************************************** 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 ) ) C-TEC Cable Systems of Michigan ) ) CUID No. MI0484 (Helena Township) ) Order Denying Jurisdiction ) ORDER Adopted: September 16, 1997 Released: September 19, 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 community set forth above because the complaints were not timely filed with 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. Section 623 (c) (3) of the Communications Act requires that complaints be filed within "a reasonable period of time" following a change in rates. We determined that a "reasonable period of time" is forty-five days. In order to facilitate subscriber knowledge of the nature and extent of a rate increase and provide evidence of subscribership and the rate and service involved, we determined that we would compute the time period for filing a complaint from the date the complainant receives a bill from a cable operator that reflects the rate change. Section 76.953 of the Commission's rules in effect at the time the complaints were filed provides that complaints against CPST rate increases must be filed with the Commission within 45 days from that date. That provision does not apply to a complaint filed by a local franchising authority ("LFA") which does not receive a bill. The LFA must file a complaint within 45 days of the date the rate increase becomes effective. In either case, complaints received prior to the date of a rate increase are not valid. Based on our review of the record, we find that the complaints referenced herein were not timely filed and we hereby dismiss those complaints. 3. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the complaints referenced herein, 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 E. Egler Acting Chief, Financial Analysis and Compliance Division Cable Services Bureau