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

In the Matter of                     )
                                     )
Cox Communications Orange County, Inc.)
                                     )     CUID No. CA0194 (Tustin)
                                     )                
                                     )                
Complaint Regarding Cable            )
Programming Services Tier Rate       )
                                     

                                  ORDER

        Adopted:  November 17, 1997                Released:  November 20, 1997    

By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:

  1.    In this Order we consider 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 within 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.     On August 5, 1997, the Commission received in response to the complaint a Motion to
Dismiss filed by Operator.  In that Motion to Dismiss, Operator asserts that the complaint should be
dismissed because it concerns a CPST rate that was previously approved by the Commission.  Review
of the complaint reveals that the complaint is against a CPST rate that was approved in a separate Order
("Prior Order").  Because the complaint was filed against a rate which has already been approved by the
Commission, we will grant Operator's Motion to Dismiss and dismiss the complaint.  

  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
Motion to Dismiss filed by the Operator IS GRANTED.

  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