******************************************************** 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 ) ) Charter Communications III, L.P. ) CUID No. AL0041 (Northport) ) ) Order Dismissing Complaint ) ORDER Adopted: November 6, 1997 Released: November 10, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we dismiss a complaint against the rate that the above-captioned operator ("Operator") was charging for its cable programming services tier ("CPST") in the community referenced above because 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. 2. In the absence of a demonstration to the contrary, cable systems are presumed not to be subject to effective competition. The Operator bears the burden of rebutting the presumption that effective competition does not exist by providing evidence that effective competition, as defined by our rules, is present in its franchise area. The Commission has previously found that Operator was subject to effective competition in the community referenced above. Consequently, the complaint pending against Operator in the above-referenced community is dismissed and the review of the resulting rate justification filings is terminated. 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 complaint against the CPST rates charged by Operator in the community referenced above IS DISMISSED and the review of the resulting rate justification filings IS TERMINATED. 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 Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau