Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

In the Matter of                        )         
                              )    File No. EB-02-TC-056    
US Cable                      )              
                              )    CUID      No.      NY1241 
(Mayville)
Withdrawal of Complaint Regarding       )    
Cable Programming Services Tier Rates        )    


                            ORDER

     Adopted:  September 4, 2002        Released:  September 
6, 2002                                 

By the Chief, Enforcement Bureau:1

     1.   In  this  Order,  we  grant  a  cable  programming 
services tier  ("CPST") subscriber's  request to  withdraw a 
complaint filed  with the Federal  Communications Commission 
("Commission")  against  the  rates charged  by  the  above-
referenced  operator  ("Operator")2  for  its  CPST  in  the 
community referenced  above. On October 16,  1995, the Cable 
Services Bureau issued an Order, DA 95-2098 ("First Order")3 
that resolved a  complaint against the CPST  rates in effect 
through  May  14,  1994.   In the  First  Order,  the  Cable 
Services Bureau stated that its  findings "do not in any way 
prejudge  the reasonableness  of the  price for  CPS service 
after May 14, 1994 under our new rate regulations."4  

     2.   On November 6, 1995, Operator filed a petition for 
reconsideration of  the First  Order. On November  22, 1995, 
while the  Petition was pending, the  subscriber submitted a 
request  to   withdraw  the   complaint.   No   other  valid 
complaints were  filed against Operator's CPST  rates in the 
referenced  community.    On  December  5,   1995,  Operator 
supplemented  its  Petition with  a  motion  to dismiss  the 
complaint  due  to  lack   of  jurisdiction,  based  on  the 
subscriber's request to withdraw  the complaint.  On May 21, 
1998, the Cable Services Bureau  issued an Order, DA 98-9525 
("Second Order")  resolving the  Petition.  However,  in the 
Second Order, the Cable Services  Bureau did not address the 
subscriber's request  to withdraw the complaint.   We hereby 
grant that request, and we dismiss the complaint against the 
CPST rates in effect beginning May 15, 1994.6   
     3.   Our further  review of  the record  indicates that 
the total overcharge per  subscriber calculated in the First 
Order  is de  minimis  and it  would not  be  in the  public 
interest to order a refund.   Therefore, we modify the First 
Order to exclude any refund liability.  

     4.   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  complaint  referenced  herein, 
against the CPST rates charged by Operator beginning May 15, 
1994 in the community referenced above, IS DISMISSED.

     5.   IT IS FURTHER ORDERED,  pursuant to Sections 0.111 
and 0.311 of the Commission's  rules, 47 C.F.R.  0.111 and 
0.311, that  In the Matter  of US Cable Corporation,  DA 95-
2098, 10 FCC Rcd 11426 (CSB  1995) IS MODIFIED TO THE EXTENT 
INDICATED HEREIN.
     
                              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 successors  and 
predecessors in interest.
3 In the Matter of US  Cable Corporation, DA 95-2098, 10 FCC 
Rcd 11426 (CSB 1995).
4 First Order at n. 1.
5 In the  Matter of East Arkansas Cablevision,  Inc., DA 98-
952, 13 FCC Rcd 13240 (CSB 1998).
6 Under  the Commission's  rules, the authority  to regulate 
CPST rates arises when a valid complaint against those rates 
is  filed,  and  our   jurisdiction  is  predicated  on  the 
existence  of a  valid rate  complaint.  See,  e.g., In  the 
Matter of  Suburban Cable TV  Co., Inc., DA 98-1053,  13 FCC  
Rcd 13862 (CSB 1998) and In the Matter of MediaOne, Inc., DA 
98-895, 13 FCC Rcd 11122 (CSB 1998).  But see, In the Matter 
of Vision Cable of Wilmington, et al., DA 95-623, 10 FCC Rcd 
5142  (CSB 1995)  ("Vision  Cable").  In  Vision Cable,  the 
Cable Services Bureau  refused to allow the  withdrawal of a 
complaint after  an order  resolving the complaint  had been 
released.  However, the instant case is distinguishable from 
Vision Cable,  because, in  the instant  case, no  order has 
been released concerning the post May 14, 1994 CPST rates.