*Pages 1--1 from  Microsoft Word - 13022.doc*
 Federal  Communications  Commission  DA  01-  2711 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  ) 
 )  CUID  No.  TN0146  (Oneida) 
 James  Cable  Partners  ) 
 ) 
 Complaint  Regarding  ) 
 Cable  Programming  Services  Tier  Rates  ) 


 ORDER 
 Adopted:  November  16,  2001  Released:  November  21,  2001 
 By  the  Acting  Chief,  Financial  Analysis  and  Compliance  Division,  Cable  Services  Bureau: 
 1.  In  this  Order  we  consider  a  complaint  filed  with  the  Federal  Communications  Commission 
 ("  Commission")  against  the  cable  programming  services  tier  ("  CPST")  rates  charged  by  the  above-referenced 
 operator  ("  Operator")  in  the  community  referenced  above.  At  the  time  the  complaint  was  filed, 
 the  Commission  was  authorized  to  review  the  CPST  rates  of  cable  systems  not  subject  to  effective 
 competition  to  ensure  that  rates  charged  are  not  unreasonable.  1 


 2.  Our  review  of  the  record  reveals  that  the  single  complaint  filed  against  Operator’s  rates 
 was  filed  by  a  subscriber  who  received  only  the  basic  tier.  This  finding  is  supported  by  the  subscriber’s 
 bill  attached  to  the  complaint  which  showed  only  a  charge  for  a  single  basic  tier.  Therefore,  the  complaint 
 does  not  trigger  the  Commission’s  jurisdiction.  Consequently,  we  will  dismiss  the  complaint. 


 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Section  0.  32l  of  the  Commission's  rules,  47 
 C.  F.  R.  §  0.321,  that  the  complaint  referenced  herein  against  the  CPST  rates  charged  by  Operator  in  the 
 community  referenced  above,  IS  DISMISSED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Kathleen  F.  Costello,  Acting  Chief 
 Financial  Analysis  and  Compliance  Division 
 Cable  Services  Bureau 


 1  47  U.  S.  C.  §543(  c)  (1996). 
1