******************************************************** 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 ) ) CUID No. PA1543 (Newport) Gans Multimedia Partnership ) ) ) ) Order Denying Jurisdiction ) ORDER Adopted: April 27, 1998 Released: April 30, 1998 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 set forth above because the complaint concerns a rate that is outside the jurisdiction of the Federal Communications Commission ("Commission"). The Operator has filed a motion to dismiss the complaint. 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. Complainant filed its first complaint on October 11, 1993 and the complaint was dismissed due to several errors. Complainant was given one additional opportunity to cure the defect of the complaint and file a corrected complaint within 30 days. The complainant refiled its complaint on December 3, 1993. This complaint was also returned to the complainant who refiled again on December 20, 1993. Our review reveals that the complainant failed to cure the defect and file a corrected complaint with the Commission within 30 days from the date of the Commission's original dismissal notice. Consequently, this complaint does not trigger the Commission's jurisdiction. 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 rate charged by Operator in the community referenced above IS DISMISSED and the motion to dismiss 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