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

In the Matter of                             ) 
                                   )          
Charter Communications                  )    CUID No. CA0876 (Norwalk)       
                                                                           )                         
Order Denying Jurisdiction                                  )                                            
                                                                                               
                

                             ORDER

          Adopted:  May 21, 1999           Released:  May 25, 1999  

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

     1.   In this Order we dismiss a complaint against the rates that the above-referenced operator
("Operator") was charging for its cable programming services tier ("CPST") in the community referenced above
because the complaint concerns rates that are outside the jurisdiction of the Federal Communications
Commission ("Commission"). 

     2.   Under the Communications Act, the Commission is authorized to review the CPST rates of
cable systems not subject to effective competition upon the filing of a valid complaint. On November  13, 1998,
Operator filed a motion to dismiss the above-referenced complaint ("Motion").  In its Motion,  Operator asserts
that its CPST rates in the community referenced above did not change between September 1, 1993 and October
1, 1995.  Operator also states that no channels were dropped from its CPST in the community reference above
during that time.  Section 76.953 of the Commission's rules in effect at the time the complaint was filed states
that a complaint must be filed within 45 days from the date the complainant receives a bill from the Operator
that reflects a rate change.  Based on our review, we conclude that the complaint referenced herein was not
filed within 45 days of a rate change because no rate change, implicit or otherwise, occurred in the above-
referenced community between September 1, 1993 and October 1, 1995.  Consequently, the complaint does
not trigger the Commission's jurisdiction and will be dismissed.
     
     3.   Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that Operator's Motion to Dismiss IS GRANTED, and the complaint referenced herein against
the CPST rates charged by Operator in the community referenced above IS DISMISSED.

     4.   This action is taken pursuant delegated authority under Section 0.321 of the Commission's
rules, 47 C.F.R. Section 0.321.


                              
     FEDERAL COMMUNICATIONS COMMISSION 




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