******************************************************** 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 ) ) ) CUID No. DE0039 (Town of Milton) Marcus Cable of Delaware & Maryland, L.P. ) ) ) Order Denying Jurisdiction ) ORDER Adopted: February 26, 1997 Released: March 3, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we dismiss a complaint against the rates that the above-captioned operator ("Operator") was charging for its cable programming services tier ("CPST") in the community set forth above because the complaint concerns rates that are outside the jurisdiction of the Federal Communications Commission ("Commission"). On February 14, 1997, the Commission received in response to the complaint a motion to dismiss filed by the Operator. 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. Our review reveals that the complaint filed against Operator, while asserting that it challenges a CPST rate, actually challenges rates other than CPST rates. Consequently, the complaint does not trigger the Commission's jurisdiction. 2. 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 rates charged by Operator in the community referenced above IS DISMISSED and the motion to dismiss IS GRANTED to the extent indicated herein. 3. This action is taken pursuant to delegated authority under Section 0.321of 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