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

In the Matter of                )
                                )
Frederick Cablevision, Inc.     )  CUID No.  MD0007 (Frederick)
                                )
                                )
                                )
Order Denying Jurisdiction      )


                             ORDER

     Adopted:  August 25, 1997          Released:  August 27, 1997  

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

     1.   In this Order we dismiss a complaint against the rate the above-captioned operator 
("Operator") was charging for its cable programming services tier ("CPST") in the community set forth
above because the complaint concerns a rate that is 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.  Operator filed a Motion to Dismiss
the complaint and argues that the complaint was untimely filed under the Commission's rules.  
     3.   Section 76.953 of the Commission's rules in effect at the time the complaint was filed
provides that complaints against CPST rate increases or associated equipment must be filed with the
Commission within 45 days from the date the complainant receives a bill from a cable operator that reflects
the rate change.  If the complaint challenges a rate in effect on September 1, 1993, the complainant has until
February 28, 1994 to file a complaint about that rate.  In this case, the complaint challenges a rate in effect
September 1, 1993, but was filed on March 22, 1994.  Therefore, the complaint was not timely filed. 
Consequently, the complaint does not trigger the Commission's jurisdiction.

     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 filed
with the Commission March 22, 1994 against the CPST rate charged by Operator in the community
referenced above, IS DISMISSED.  

     5.   IT IS FURTHER ORDERED, that Operator's Motion to Dismiss is granted.
     6.   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