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


In the Matter of                     )
                                     )
Falcon/Capital Cable Partners, LP    )
                                     )   CUID No. MO0263 (Mountain Grove)
                                     )                   
                                     )
Order Denying Jurisdiction           )

                                     
                                  ORDER

   Adopted:  November 10, 1997                                          Released:  November 14, 1997 

By the Chief, 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").  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.  On September 29, 1997, the Commission released an order finding Operator in default for
failing to respond to the above referenced complaint.  On October 20, 1997, Operator responded to our
Prior Order ("Order").  This order addresses Operator's response.  Our review reveals that the complaint
filed against Operator, while asserting that it challenges a CPST rate, challenges only a rate for the basic
service tier, and not a CPST rate.  Consequently, the complaint does not trigger the Commission's
jurisdiction.

     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.     IT IS FURTHER ORDERED, that our Prior Order, DA 97-2094, IS VACATED.
     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



                  Meredith J. Jones
                  Chief, Cable Services Bureau