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

In the Matter of:               )
                                )
MSE CABLE SYSTEMS, INC.         )
                                )
Motion to Rescind               )
Certification and Dismiss       )
Petition for Reconsideration    )
                                 

                             ORDER

     Adopted:  January 14, 1997         Released:  January 21, 1997  

By the Chief, Cable Services Bureau:

     1.   On October 21, 1996, Cable Plus filed a Motion to Rescind Certification of the City
of Novi to Regulate the Rates of Cable Plus and to Dismiss Petition for Reconsideration Filed by
MSE Cable Systems, Inc.  Neither the City of Novi, Michigan (the "City" or "Novi"), nor the
Southwestern Oakland Cable Commission filed an opposition to Cable Plus' motion.

     2.   In its motion, Cable Plus argues that recent statutory changes exempt Cable Plus from
rate regulation and render Cable Plus' petition for reconsideration moot.  Cable Plus asserts that:

          Federal law permits a city or other franchising authority to regulate rates for
          the provision of programming services only if those services are provided
          over facilities that fall within the statutory definition of a "cable system."  .
          . . The Telecommunications Act of 1996 . . . amended the definition of a
          cable system to exclude "a facility that serves subscribers without using any
          public right-of-way."

In addition, Cable Plus cites a Commission decision involving similar circumstances and asserts that
the same reasoning should control here.  Cable Plus asserts that it provides service to the residents
of private mobile home parks located in Novi over systems that are installed entirely on private
property and are therefore not within the amended definition of the term "cable system."

     3.   Prior to the enactment of the Telecommunications Act of 1996, the Communications
Act defined a cable system to exclude "a facility that serves only subscribers in 1 or more multiple
unit dwellings under common ownership, control, or management, unless such facility or facilities
uses any public right-of-way.  .  .  ."  The Telecommunications Act of 1996 amends this exclusion
retaining only the requirement that such systems not use "any public right-of-way."  The record
clearly establishes that the systems at issue in this proceeding are located entirely on private property
and utilize no public rights-of-way.  Therefore, we find that the systems formerly operated by MSE,
and currently operated by Cable Plus, are not cable systems as defined by the Communications Act.

     4.   Accordingly, IT IS ORDERED that the Motion to Rescind Certification of the City
of Novi to Regulate the Rates of Cable Plus and to Dismiss Petition for Reconsideration Filed by
MSE Cable Systems, Inc. IS GRANTED.
     
     5.   IT IS FURTHER ORDERED that the certification of the City of Novi, Michigan
to regulate the basic cable service rates of the systems formerly operated by MSE Cable Systems,
Inc., and currently operated by Cable Plus, IS RESCINDED.
     6.   IT IS FURTHER ORDERED that the Petition for Reconsideration filed by MSE
Cable Systems, Inc. IS DISMISSED.

     7.   This action is taken pursuant to delegated authority under Section 0.321 of the
Commission's Rules.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Meredith J. Jones
                              Chief, Cable Services Bureau