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




In the Matter of                   )
                              )
Comcast Cablevision of Tallahassee, Inc.     )    CUID No.  FL0394 (Tallahassee)
                                   )                                                           )                                                      )
Order Denying Jurisdiction              )                      



                             ORDER

     Adopted:  March 31, 1997           Released:  April 7, 1997  


By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:

     1.   In this Order we dismiss a complaint against the rate the above-captioned operator 
("Operator") was charging for its cable programming services tier ("CPST") in the community set
forth above 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.  Operator requests
dismissal of the complaint challenging its April 1, 1995 CPST rate increase.  Operator argues that
the complaint was untimely filed under the Commission's rules.

     3.   Section 76.953 of the Commission's rules in effect at the time the complaint was filed
provides that complaints against CPST rate increases or associated equipment must be filed with the
Commission within 45 days from the date the complainant receives a bill from a cable operator that
reflects the rate change.  Based on our review of the record, we conclude that the complaint was not
timely filed.  Although the Complainant contends that it first received a bill reflecting the CPST rate
increase on May 25, 1995, the first bill submitted by the Complainant containing the rate increase
is dated April 19, 1993.  The complaint was filed with Commission on June 26, 1995, 68 days after
the date of the first bill reflecting the CPST rate increase.  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