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


In the Matter of                )
                                )
                                )  CUID No.  FL0235  (Sebastian)
Falcon Cable Media d/b/a/ Falcon Cable TV)
                                )
                                )
Order Denying Jurisdiction      )
                                 


                             ORDER

     Adopted:  March 20, 1997           Released:  March 26, 1997    

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 its cable programming services tier ("CPST") in the above-
referenced community because the complaint concerns a rate that is outside the jurisdiction of the
Federal Communications Commission ("Commission").  

     2.   Under the Communications Act, the Commission regulates the CPST rates of cable
systems not subject to effective competition upon the filing of a valid complaint.  The Complainant
asserts that it filed its complaint challenging Operator's September 1, 1993 CPST rate for an a la
carte package of services with the Commission on February 28, 1994 by facsimile transmission. 
The Operator was served with the complaint, but we have no record of this filing. 
     3.   Even if the complaint were filed with the Commission, Operator argues and our
review reveals that Operator did not provide regulated cable programming services for the period
covered by the complaint.  In Falcon Holding Group, Inc., 10 FCC Rcd 7267 (1995) ("Falcon
Holding Group Order"), we dismissed several complaints  regarding the movement of two to six
channels from a regulated tier to an a la carte package of services that could be purchased
individually or as a package effective September 1, 1993.  We determined that the a la carte services
could be treated as New Product Tiers not subject to rate regulation consistent with the Sixth Order
on Reconsideration, Fifth Report and Order, and Seventh Notice of Proposed Rulemaking, 10 FCC
Rcd 1226 (1994) ("Going Forward Order").  Id.   Because Operator offered three channels (TNT,
WTBS, The Discovery Channel) which had been moved from a regulated tier and which could be
purchased individually or as a package, effective September 1, 1993, in essentially the same way as
discussed in the Falcon Holding Group Order, we conclude that the a la carte package of services
at issue may also be treated as a New Product Tier not subject to rate regulation consistent with the
Going Forward Order.  Consequently, the complaint does not trigger the Commission's jurisdiction.

     4.   Accordingly, IT IS ORDERED, pursuant to Section 623(a)(2)(A) and (B) of the 
Communications Act of 1934, as amended, 47 U.S.C. Section 543(a)(2)(A) and (B), that the
complaint against the CPST rate charged by Operator in the community referenced above, IS
DISMISSED.

     5.   This action is taken pursuant to delegated authority under Section 0.321 of the
Commission's rules, 47 C.F.R.  0.321.

                              FEDERAL COMMUNICATIONS COMMISSION



                              Elizabeth W. Beaty
                              Chief, Financial Analysis and Compliance Division
                              Cable Services Bureau