******************************************************** 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 ) ) Time Warner Entertainment-Advance/) CUID No. FL0492 (Clearwater) Newhouse Partnership ) ) Order Denying Jurisdiction ) ORDER Adopted: January 11, 1999 Released: January 13, 1999 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we dismiss complaints 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 complaints concern rates that are outside the jurisdiction of the Federal Communications Commission ("Commission"). 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. In a Memorandum Opinion and Order released December 12, 1996 ("Prior Order"), the Commission found that Operator's system serving the community referenced above is subject to effective competition. Based on our finding of effective competition in our Prior Order, Operator's system in the franchise area in the community referenced above is not subject to rate regulation. Therefore, the complaints do not trigger the Commission's jurisdiction and shall be dismissed. 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 complaints against the CPST rate charged by Operator in the community referenced above ARE DISMISSED. 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 Margaret M. Egler Acting Chief, Financial Analysis and Compliance Division Cable Services Bureau