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

In the Matter of                   )
                              )
Mark Twain Cablevision, L.P.                 )    CUID No.  IN0002 (Bartholomew County)
d/b/a Fanch Communications, Inc.        )                                  
                                   )
                                   )              
Order Denying Jurisdiction              )                             
       
                             ORDER

     Adopted:  March 23, 1998                Released:  March 25, 1998  

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").  

     2.   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.  In a Memorandum Opinion and Order
released January 18, 1995 ("Prior Order"), the Commission found that Operator's system serving the
community referenced above is subject to effective competition because it serves less than 30 percent of the
households in the franchise area in the community referenced above.  The finding of effective competition was
based on data filed with the Commission on October 14, 1993, which showed that Operator provided cable
service to less than two percent of the households in the franchise area.  Based on our finding of effective
competition in our Prior Order, Operator's system in the franchise area in the community referenced above is
not subject to rate regulation and therefore, the complaint does not trigger the Commission's jurisdiction, and
it shall be dismissed. 

     3.   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.  

     4.   This action is taken pursuant to 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