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


In the Matter of                     )
                                     )
Mark Twain Cablevision L.P.          )
                                     )     CUID No. NM0064 (Espanola)
                                     )                
                                     )                
Complaint Regarding Cable            )
Programming Services Tier Rate       )
                                     

                                  ORDER

   Adopted:  November 10, 1997                     Released:  November 14, 1997    

By the Chief, Cable Services Bureau:

  1.    In this Order we consider a complaint against the rate that the above-captioned operator
("Operator") was charging for its cable programming services tier ("CPST") in the community
referenced above because the complaint concerns rates that are within 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.  On September 19, 1997, the Commission released an order finding Operator in default for
failing to respond to the above referenced complaint.  On October 8, 1997, Operator responded to our
Prior Order ("Order").  This order addresses Operator's response.

  2.     On March 30, 1994, the Commission received in response to the complaint a motion to
dismiss filed by Operator.  In that motion to dismiss Operator asserts that the complaint should be
dismissed because the complainant did not file his complaint within the specified time frame pursuant to
Section 76.953 of our rules.  Review of the complaint revealed that the complaint, which was against
rates in effect on September 1, 1993, was received by the Commission on February 28, 1994 via
facsimile transmission.  Because Line 13 of FCC Form 329 clearly instructs complainants to "[m]ail or
FAX the original signed copy of this completed form" to the Commission, we find that complainant has
timely filed his complaint. Operator also asserts that complainant entered a rate that included a basic
service tier rate on line 7 of the FCC Form 329.  In general, we will find valid any complaint that states
a claim on which relief can be granted and provides adequate information to allow us to process the
complaint, despite minor flaws or inaccuracies.  We believe this approach best implements the mandate
of the 1992 Cable Act.  Because the rate listed on Line 7 and on the subscribers attached bills indicate
that the subscriber received CPST, we find it reasonable to conclude that the subscriber objected to the
CPST rate.  We therefore find the complaint dated February 28, 1994 valid and deny Operator's motion
to dismiss.  

  3.     Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's Rules,
that the motion of Mark Twain Cablevision, L.P., to dismiss the complaint against its cable programming
service price charged in Espanola, New Mexico (CUID No. NM0064) IS DENIED.

  4.     IT IS FURTHER ORDERED, pursuant to Section 0.321 of the Commission's Rules, 47
C.F.R. Section 0.321, that Mark Twain Cablevision file with the Chief, Cable Services Bureau, FCC
Form 393, and the appropriate FCC Form 1200 series filings, within 30 days of the release of this order.

  FEDERAL COMMUNICATIONS COMMISSION



  Meredith J. Jones
  Chief, Cable Services Bureau