******************************************************** 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 ) ) Horizon Cable I, L.P. . ) CUID No. MI1059 (Hanover) ) Complaints Regarding ) Cable Programming Services Tier ) Rate Increase and Denying Jurisdiction ) ORDER Adopted: February 20, 1997 Released: February 25, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we consider complaints filed by Village of Hanover, Michigan, the local franchise authority ("LFA") about the rate the above-captioned operator ("Operator") was charging for its cable programming services tier, CPST, in the community referenced above. On February 4, 1995, the LFA withdrew the CPST complaints that it had filed against the referenced Operator. Our records also show that Mr. James R. Kronberg filed a complaint against the Operator's basic tier rate. Under the Communications Act, the Federal Communications Commission ("Commission") regulates the CPST rates of cable systems not subject to effective competition upon the filing of a valid complaint. Our review reveals that the complaint filed by Mr. James R. Kronberg against the Operator, challenges only the basic service tier rate and not the CPST rate. Consequently, the complaint does not trigger the Commission's jurisdiction. 2. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the LFA's request to withdraw the FCC form 329 rate complaints against the CPST rate charged by the Operator is GRANTED, and the review of the resulting rate justification filings IS TERMINATED. 3. IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's rules, 47.C.F.R.  0.321, that the complaint filed by Mr. James R. Kronberg against the rate charged by Operator in the franchise area referenced in the caption during the period under review, IS DISMISSED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau