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

In the Matter of                 )    File Nos.       EB-02-TC-107
                                )                          EB-02-
Charter Communications, Inc.     )    TC-109
                                )                          EB-02-
                                )    TC-116
                                )                          EB-02-
                                )    TC-112
Complaint Regarding            ) )
Cable Programming Services  Tier )    CUID      Nos.        TX0550 
Rates                                 (Mansfield)
                                                           TX0711 
                                     (Kennedale)
                                                           TX1214 
                                     (Burleson)
                                                           TX1215 
                                     (Edgecliff)
                    

                              ORDER 

     Adopted:  June 14, 2002                                
Released:  June 17, 2002      

By the Chief, Enforcement Bureau:1

In this  Order we  consider complaints  filed against  the  cable 
programming services tier  ("CPST") rates charged  by the  above-
referenced operator ("Operator")2  in the communities  referenced 
above. The  Cable  Services  Bureau  has  already  issued  orders 
("Prior Orders")3  in which  it found  Operator's CPST  rates  in 
effect through  May 14,  1994 to  be unreasonable.  In its  Prior 
Orders, the Cable  Services Bureau stated  that its findings  "do 
not in any way prejudge the reasonableness of the prices for  CPS 
service after May 14, 1994 under our new rate regulations."4   In 
this Order,  we dismiss  the complaints  that are  still  pending 
against Operator's CPST rates beginning May 15, 1994. 

     1.   Under  the  Communications  Act,5  the  Commission  was 
authorized, at the time the referenced complaints were filed,  to 
review the CPST rates of  cable systems not subject to  effective 
competition to ensure that rates charged are not unreasonable. In 
a  Memorandum   Opinion  and   Order  released   July  25,   2001 
("Competition Order"),  the  Cable  Services  Bureau  found  that 
Operator's system  serving the  communities referenced  above  is 
subject to effective competition.6   Based on the Cable  Services 
Bureau's finding  of  effective competition  in  the  Competition 
Order,  Operator's  systems  in   the  franchise  areas  in   the 
communities referenced above are not subject to rate regulation.7  
Therefore, we  dismiss  the  complaints that  are  still  pending 
against Operator's CPST rates beginning May 15, 1994.

     2.   Accordingly, IT IS ORDERED, pursuant to Sections  0.111 
and 0.311  of the  Commission's  rules, 47  C.F.R. §§  0.111  and 
0.311,  that  the  complaints   against  Operator's  CPST   rates 
beginning May 15, 1994 ARE DISMISSED.

     
                              FEDERAL COMMUNICATIONS COMMISSION 



                              David H. Solomon
                              Chief, Enforcement Bureau
_________________________

1  Effective   March  25,   2002,  the   Commission   transferred 
responsibility for resolving cable programming services tier rate 
complaints  from  the  former   Cable  Services  Bureau  to   the 
Enforcement Bureau.  See Establishment  of the Media Bureau,  the 
Wireline Competition  Bureau and  the Consumer  and  Governmental 
Affairs Bureau, Reorganization  of the  International Bureau  and 
Other Organizational Changes, FCC 02-10, 17 FCC Rcd 4672 (2002).
2  The  term  "Operator"  includes  Operator's  predecessors  and 
successors in interest.
3 In the Matter  of Sammons Communications,  Inc., DA 95-305,  10 
FCC Rcd 3820 (CSB 1995) ( CUID TX0550); In the Matter of  Sammons 
Communications, Inc., DA 95-308, 10 FCC Rcd 3826 (CSB 1995) (CUID 
TX0711); In the  Matter of Sammons  Communications, Inc., DA  95-
304, 10 FCC Rcd 3818 (CSB  1995) (CUID TX1214); In the Matter  of 
Sammons Communications, Inc.,  DA 95-306,  10 FCC  Rcd 3822  (CSB 
1995) (CUID TX1215); refund plan  not accepted, In the Matter  of 
Marcus Cable Associates,  LP, DA  98-337, 13 FCC  Rcd 10454  (CSB 
1998); appeal denied, In the  Matter of Marcus Cable  Associates, 
LP, DA 99-1906, 14 FCC Rcd 15865 (CSB 1999).
4 Prior Orders at n. 1.
5 Communications  Act,  Section  623(c), as  amended,  47  U.S.C. 
§543(c) (1996).
6 See  In the  Matter of  Marcus Cable  Associates d/b/a  Charter 
Communications, CSR 5704-E through 5710-E, DA 01-1750, 16 FCC Rcd 
14435 (CSB  2001)  ("Competition  Order").   In  the  Competition 
Order, Mansfield, TX was listed  as CUID No. TX0549.  Our  review 
reveals that  the  correct  CUID No.  for  Operator's  system  in 
Mansfield, TX is TX0550.
7 Our decision is based on Cable Services Bureau precedent.  See, 
e.g., In the Matter  of Charter Communications Entertainment  II, 
LP, DA 98-1554, 13 FCC 17681 (CSB 1998) and In the Matter of Time 
Warner Cable, DA 99-977, 14  FCC Rcd 7806 (CSB 1999)  (complaints 
dismissed where  effective  competition  finding  made  prior  to 
resolution of complaint).