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

In the Matter of                     )
                                     )
                                     )     CUID No.    KY0008 (Benton)
Falcon TeleCable                     )
                                     )
                                     )
Order Denying Jurisdiction           )


                                  ORDER

        Adopted:  October 31, 1997                 Released:  November 4, 1997  

By the 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 on the grounds that 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.  Our review reveals that the complaint filed against Operator asserts that it challenges an
increase in the CPST rate.  Pursuant to Section 76.953 of the Commission's rules in effect at the time
the complaint was filed, a complaint must be filed within 45 days from the date the complainant receives
a bill from the Operator that reflects a rate change.  In its response to the complaint, Operator indicates
that its CPST rate in the community referenced above did not change between July 1994 and March 1996. 
Therefore, the complaint, which was received by the Commission on November 13, 1995, is untimely
filed and must be dismissed.

  2.     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.

  3.     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


  Elizabeth W. Beaty
  Chief, Financial Analysis and Compliance Division
  Cable Services Bureau