******************************************************** 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. NC0302 (Buncombe County) ) Charter Communications ) ) ) Withdrawal of Rate Complaint ) Concerning Cable Services Rates ) ORDER Adopted: May 19, 1997 Released: May 22, 1997 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In the community noted above, the complainant, a subscriber to the above captioned cable operator ("Operator"), filed a complaint with the Commission alleging that the prices charged for the cable programming service tier (CPST) were unreasonably high. Later, the complainant wrote to the Commission to withdraw his CPST complaint. Our jurisdiction to regulate CPST rates arises with the filing of a valid complaint against those rates. We will allow the withdrawal of this complaint, and our review of Operator's filings will therefore terminate. 2. Our mandate is to "protect subscribers of any cable system that is not subject to effective competition from rates that exceed the rates that would be charged if such a system were subject to effective competition." While our rules forbid collusive agreements between operators and local franchising authorities regarding forbearance from rate regulation, there is no evidence of such an agreement here. We will accordingly allow the complainant to withdraw his complaint. 3. Accordingly, IT IS ORDERED that permission to withdraw the FCC Form 329 rate complaint against cable programming service rates in the above noted community IS GRANTED, and review of the resulting rate justification filing IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau