******************************************************** 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 ) ) MediaOne, Inc. ) CUID No. GA0156 (Marietta) ) ) Order Denying Jurisdiction ) ORDER Adopted: March 25, 1998 Released: March 27, 1998 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 referenced above because the complaint concerns a rate that is outside the jurisdiction of the Federal Communication's Commission ("Commission"). 2. Under the Communications Act, the Commission is authorized to review the CPST rates of cable systems not subject to effective competition upon the filing of a valid complaint. On March 12, 1996, Operator filed a motion to dismiss the complaint ("Motion"). In its Motion Operator asserts that its CPST rate in the community referenced above did not change between August 1995 and November 1995. Section 76.953 of the Commission's rules in effect at the time the complaint was filed states that a complaint must be filed within 45 days from the date the complainant receives a bill from the Operator that reflects a rate change. Based on our review, we conclude that the complaint referenced herein was not filed within 45 days of a rate change because no rate change, implicit or otherwise, occurred in the above referenced community between August 1995 and November 1995. Consequently, the complaint does not trigger the Commission's jurisdiction. 3. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R.  0.321, that the complaint against the rates for CPST charged by the Operator in the community referenced above, IS DISMISSED and the motion to dismiss IS GRANTED. 4. This action is taken pursuant delegated authority under Section 0.321 of the Commission's rules, 47 C.F.R. Section 0.321. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau