10 FCC Red NO. 19 Federal Communications Commission Record DA 95-1741 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of St. Joseph's Cablevision CUID No. MO0046 (City of St. Joseph) Order Denying Jurisdiction MEMORANDUM OPINION AND ORDER Adopted: August 8,1995; Released: September 8, 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. 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. 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 JoAnn Lucanik Chief, Financial Analysis and Compliance Division Cable Services Bureau 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). 9801