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

In the Matter of                             ) 
                                   )          
Lenfest Atlantic, Inc.                       )    CUID No. NJ0498 (Woodstown)                     
                                                            )                         
                                   )                                  
                          Order Denying Jurisdiction                       )
                                    

                             ORDER

          Adopted:  June 23, 1999                                    Released:  June 25, 1999    

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

     1.   In this Order we dismiss complaints filed by the New Jersey Board of Public Utilities,  the
local franchising authority ("LFA") for the community referenced above, against the rates that the above-
referenced operator ("Operator") was charging for its cable programming services tier ("CPST") in the
community referenced above.  The complaints concern 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. The LFA for the
franchise area referenced above filed complaints with the Commission on December 5, 1994 against Operator's
alleged November 14, 1994 CPST rate increase in the franchise area referenced above. We dismiss these
complaints because the complaints were not timely filed with the Commission.  Section 623 (c)(3) of the
Communications Act requires that complaints be filed within "a reasonable period of time" following a change
in rates.  We determined that a "reasonable period of time" is forty-five days.  In order to facilitate subscriber
knowledge of the nature and extent of a rate increase and provide evidence of subscribership and the rate and
service involved, we determined that we would compute the time period for filing a complaint from the date
the complainant receives a bill from a cable operator that reflects the rate change.  Section 76.953 of the
Commission's rules, in effect at the time the complaints were filed, provides that complaints against CPST rate
increases must be filed with the Commission within 45 days from that date.  That provision does not apply
to a complaint filed by an LFA, which does not receive a bill.  The LFA must file a complaint within 45 days
of the date the rate increase becomes effective. 
  
     3.   Operator's response to the complaints indicate that the CPST rates in the community
referenced above did not change between September 1, 1993 and February 1995.  Operator also states that
no channels were dropped from its CPST in the community referenced above during that time.  Based on  our
review of the record, we find that the complaints filed on December 5, 1994 were 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 February 1995.  Because the complaints were not timely filed, they do not
trigger the Commission's jurisdiction, and we hereby dismiss the referenced complaints.   
     
     4.   Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that the complaints referenced herein against the CPST rates charged by Operator in the
community referenced above ARE DISMISSED.

     5.   This action is taken pursuant to 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