******************************************************** 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 ) ) Marcus Cable Partners, L.P. )CUID No. WI0751 (Jackson) d/b/a Star Cablevision ) ) Order Denying Jurisdiction ) ORDER Adopted: December 2, 1996 Released: December 10, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1.In this Order we dismiss a complaint against the rate that the above-captioned operator, ("Operator") was charging for additional cable outlets in the community set forth above on the grounds that the complaint concerns a rate that is outside the jurisdiction of the Federal Communications Commission ("Commission"). Under the Communication's Act, the Commission regulates the cable programming service tier ("CPST") of cable systems not subject to effective competition upon the filing of a valid complaint. 2.On February 21, 1995, the Operator filed a motion to dismiss the subscriber's complaint. The motion to dismiss argues that additional outlets are included in the category of equipment used to received the basic service tier. Therefore, according to the operator, the complaint is outside the Commission's jurisdiction. 3.Under the Communications Act and the Commission's rules, any complaint regarding the rates for installation and lease of equipment used to receive the basic service tier ("BST") is subject to the jurisdiction of the local franchising authority. The rates for installation or rental of equipment solely used to receive the CPST are subject to our jurisdiction. The instant complaint is against the rate for additional cable outlets and not equipment solely used to receive the CPST. Therefore, the complaint does not trigger the Commission's jurisdiction. 4.Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules, 47 C.F.R.  0.321, that the complaint filed against the rate for additional cable outlets charged by the Operator in the community referenced above IS DISMISSED and the motion to dismiss filed by the Operator is GRANTED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau