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

In the Matter of                        )
                                   )
Charter Communications                  )    CUID No.  GA0062 (LaGrange)
                                        )
Complaint Regarding Cable Programming        )                        
      Services Tier Rates                         )
and Withdrawal of Rate Complaint             )


                              ORDER

     Adopted:   August 9, 1999                    Released:  August 11, 1999      

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

     1.   In this Order we consider a complaint about the rate charged by the above-referenced operator
("Operator") for its cable programming services tier ("CPST") in the community referenced above.  On
December 20, 1993, the local franchise authority ("LFA") for the above referenced community filed a
complaint against Operator's September 1, 1993 CPST rate ("First Complaint").  The LFA filed a second
complaint dated September 9, 1996 against Operator's September 1, 1996 CPST rate increase ("Second
Complaint").  By letter dated March 5, 1999, the LFA requested withdrawal of its Second Complaint.  This
Order resolves the First Complaint and allows the withdrawal of the Second Complaint.

     2.   Under the Communications Act, the Federal Communications Commission ("Commission")
is authorized to review the CPST rates of cable systems not subject to effective competition to ensure that rates
charged are not unreasonable.  If the Commission finds a rate to be unreasonable, it shall determine the correct
rate and any refund liability.  The Cable Television Consumer Protection and Competition Act of 1992
("1992 Cable Act") requires the Commission to review CPST rates upon the filing of a valid complaint by a
subscriber or LFA. The Telecommunications Act of 1996 ("1996 Act") and our rules implementing the new
legislation ("Interim Rules"), require that, beginning February 8, 1996, complaints against CPST rates be filed
with the Commission by an LFA that has received more than one subscriber complaint. 
                                                               
     3.    Operators with complete and timely CPST complaints filed against them prior to May 15,
1994 must demonstrate that their CPST rates were in compliance with the Commission's initial rules from the
time the complaint was filed through May 14, 1994, and that their CPST rates were in compliance with the
revised rules from May 15, 1994 forward.  Operators attempting to justify CPST rates for the period prior to
May 15, 1994 through a benchmark showing must complete and file FCC Form 393.  To justify rates for the
period beginning May 15, 1994, operators must use the FCC Form 1200 series.

     4.   Both the LFA and the Operator requested that the Commission extend the time for review of
the Second Complaint soon after it was filed.  Most recently, the LFA withdrew the Second Complaint and
requested that the Commission take no further action regarding the Second Complaint.  The LFA stated that
it was withdrawing the Second Complaint because of the numerous changes which have been made regarding
the cable services since the filing of the complaint.  Because we do not find any evidence of a collusive
agreement between the LFA and the Operator regarding forbearance from rate regulation, we will allow the
withdrawal of this complaint.  We will, however, review Operator's FCC Form 393 and FCC Form 1200 filed
in response to the First Complaint.
   
     5.   Upon review of Operator's FCC Form 393 and FCC Form 1200, we find Operator's actual
CPST rate of $14.31, effective September 1, 1993 through July 13, 1994, and actual CPST rate of $12.65,
effective July 14, 1994, to be reasonable. 

     6.   Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47
C.F.R.  0.321, that the CPST rate of $14.31, charged by Operator in the community referenced above,
effective September 1, 1993 through July 13, 1994, IS REASONABLE.

     7.   IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R.
Section 0.321 that the CPST rate of $12.65, charged by Operator in the community referenced above, effective
July 14, 1994, IS REASONABLE.

     8.   IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.
 0.321, that the request, to withdraw the complaint dated September 9, 1996, IS GRANTED, and the review
of the resulting rate justification filings IS TERMINATED.

     9.   IT IS FURTHER ORDERED, pursuant to Section 0.32l of the Commission's rules, 47 C.F.R.
Section 0.321, that the December 20, 1993 complaint referenced herein against the CPST rates charged by
Operator in the community set forth above, IS DENIED.


                              FEDERAL COMMUNICATIONS COMMISSION 



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