******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) ) CUID No. NJ0519 (Downe Township) Lenfest Atlantic Inc. ) South Jersey Cablevision ) ) Order Denying Jurisdiction ) ORDER Adopted: April 7, 1998 Released: April 9, 1998 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we dismiss complaints against the rates that the above captioned operator ("Operator") was charging for its cable programming services tier ("CPST") in the community set forth above because the complaint concerns rates that are 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. Section 76.953 of the Commission's rules in effect at the time the complaint was filed provides that complaints regarding a rate change for CPST or associated equipment must be filed with the Commission within 45 days from the date the complainant receives a bill from the cable operator that reflects the rate change. The Commission received two complaints regarding a rate change by the Operator. In its response to the complaints filed on December 5, 1994, Operator indicates that its CPST rate in the community referenced above did not change between September 1, 1993 and February 10, 1995. We received another complaint from a complainant which contends that they received a bill on February 1, 1995 which contained a notice of a proposed February 15, 1995 rate change. The complainant filed the complaint with the Commission on February 7, 1995, prior to receiving a bill from the Operator that reflects the rate change. Upon review, we find that the complaints were untimely filed and, consequently, do not trigger the Commission's jurisdiction. 3. 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 complaints against the CPST rates charged by Operator in the community referenced above ARE DISMISSED. 4. 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 Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau