______________Federal Communications Commission ____DA 96-1675 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) TCI Cablevision of Oregon ) CUID No. OR0078 (City of Newport) Order Denying Jurisdiction ) ORDER Adopted: October 4, 1996 Released: October 11, 1996 By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. In this Order we dismiss a complaint against the rate that TCI Cablevision of Oregon ("TCI") was charging for its cable programming services tier ("CPST") in the above- referenced community on the ground that the complaint concerned a rate that is outside the jurisdiction and authority of the Federal Communications Commission ("Commission"). The Commission regulates rates for CPST only, and then only upon the filing of a valid complaint. 1 Our review reveals that the complaint filed against TCI, while asserting that it challenges a CPST rate, challenges only a rate for basic service and premium service, not for CPST. The complaint therefore does not trigger the Commission'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. Section 543(c) (1996), that the complaint filed on September 29, 1993 against the CPST tier rate charged by TCI in the City of Newport, Oregon, CUID No.OR0078, IS DISMISSED. 3. This action is taken pursuant to delegated authority under Section OT321 of the Commission's rules, 47 C.F.R. § 0.321. FEDERAL COMMUNICATIONS COMMISSION Elizabeth W. Beaty Chief, Financial Analysis and Compliance Division Cable Services Bureau Communications Act. Section 623(c), as amended, 47 U.S.C. Section 543(c)(3) (1996). 12806