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

            
In the Matter of                     )
                                     )
Capital Cable                        )
                                     )     CUID No. MO0444 (City of Eagleville)
                                     )                 
                                     )
Order Denying Jurisdiction           )


                                  ORDER

   Adopted:  October 27, 1997                      Released:  November 6, 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 community set forth
above because the complaint concerns a  rate that is outside the jurisdiction of the Federal
Communications Commission ("Commission").  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, challenges only a rate for the basic service tier, and not a CPST rate.  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 rate charged by Operator in the community referenced above IS DISMISSED.

  3.     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