DA 95-1225 Federal Communications Commission Record 10 FCC Red No. 13
Before the
Federal Communications Commission 
Washington, D.C. 20554
FEDERAL COMMUNICATIONS COMMISSION
In the Matter of
Summit CUID No. WA0339 (Duvall) 
Communications, Inc.
Order Denying Jurisdiction
Jo Ann Lucanik
Chief, Financial Analysis and Compliance Division
Cable Services Bureau
MEMORANDUM OPINION AND ORDER
Adopted: June 2,1995; Released: June 12,1995
By the Chief, Financial Analysis and Compliance Di 
vision, Cable Services Bureau:
1. In this Order we dismiss a complaint against the price 
that the above-captioned operator ("Operator") was charg 
ing for its cable programming service ("CPS") tier in the 
community designated above on the ground that the com 
plaint concerns a rate that is outside the jurisdiction and 
authority of this Commission. The Commission regulates 
rates for CPS only, and then only upon the filing of a valid 
complaint.1 Our review reveals that the complaint filed 
against Operator, while asserting that it challenges a CPS 
rate, challenges only a rate for basic service, not for CPS. 
In particular, the record shows that Operator offered only 
a basic tier of service, and not a CPS tier, in this commu 
nity. The complaint therefore does not trigger the Commis 
sion's jurisdiction.
2. In addition, the complaint objects to Operator's rates 
for equipment. Rates for equipment used to receive the 
basic tier are regulated as part of the regulation of rates for 
the basic tier, and thus are generally outside the Commis 
sion's jurisdiction.2 This definition includes all equipment 
in a subscriber's home that is used to receive the basic 
service tier, regardless of whether such equipment is addi 
tionally used to receive a CPS tier.3 Complaints concerning 
charges for equipment used to receive the basic tier should 
properly be brought to the attention of the local franchis 
ing authority in the first instance, and not filed with this 
Commission.
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. § 543(a)(2)(A) and (B), that the 
complaint filed prior to May 15, 1994 against the cable 
programming service price charged by Operator in the 
community referenced in the caption IS DISMISSED.
4. This action is taken pursuant to delegated authority 
under Section 0.321 of the Commission's Rules, 47 C.F.R. 
§ 0.321.
1 See Cable Television Consumer Protection and Competition 
Act, Pub. L. No. 102-385, 106 Stat. 1460, Section 623, 47 U.S.C. § 
543 (1992).
2 Cable Act of 1992, Section 623(b)(3), 47 U.S.C. § 543(b)(3).
3 47 C.F.R. § 76.923(a).
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