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

In the Matter of                   )
                              )
Comcast Cablevision of Simi Valley, Inc.     )    CUID No.  CA0049 (Simi Valley)     
                         )              
Order Denying Jurisdiction              )


                              ORDER

     Adopted:  April  15, 1999                              Released:  April 21, 1999  

By the Acting 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 a rate that is 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.  Our review reveals that
the complaint filed against Operator, while asserting that it challenges a CPST rate, challenges only a rate for
Operator's Value Pac, a new product tier ("NPT"), and not a CPST rate.  Consequently, the complaint does
not trigger the Commission's jurisdiction. 

     2.   In its complaint, the LFA questions Operator's rate increase for its Value Pac service from
$4.27 to $6.25. In Implementation of Sections of the Cable Television Consumer Protection and Competition
Act of 1992: Rate Regulation, MM Docket Nos. 92-266 and 93-215, Sixth Order on Reconsideration, Fifth
Report and Order, and Seventh Notice of Proposed Rulemaking ("Going Forward Order"), the Commission
established criteria for the creation of NPTs, which cannot include channels taken from regulated tiers.  The
Commission concluded, however, that cable operators could treat packages of channels in existence at the time
of the Going Forward Order as NPTs, so long as such packages involved only a small number of migrated
channels.  

     3.   Upon review, we find that Operator's Value Pac tier was composed of only three a la carte
channels as of September 1, 1993 and that subsequent additions to the tier consisted of new channels. 
Consequently, we will treat Operator's Value Pac tier as a NPT under our Going Forward Order.  Therefore,
Operator's Value Pac tier is not currently subject to rate regulation.  

     4.   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 NPT rate charged by Operator in the community referenced above IS DISMISSED.

     5.   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



                         Patrick A. Boateng
                         Acting Chief, Financial Analysis and Compliance Division
                         Cable Services Bureau