Federal Communications Commission
	
DA 97-935
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of
Comcast Cablevision of Westmoreland, Inc. CUID No. PA1809 (West Deer)
Order Denying Jurisdiction
ORDER
Adopted: May 5, 1997
	
Released: May 7, 1997
By the Chief, Financial Analysis and Compliance Division, Cable Services Bureau:
1. In this Order we dismiss a complaint' against the rate the above-captioned operator("Operator") was charging for its cable programming services tier ("CPST") in the community
set forth above because the complaint concerns a rate that is outside the jurisdiction of the Federal
Communications Commission ("Commission").
2. Under the Communications Act,2 the Commission regulates the CPST rates of
cable systems not subject to effective competition upon the filing of a valid complaint. Operator
requests dismissal of the complaint challenging its January 31, 1994 CPST rate increase.Operator argues that the complaint was untimely filed under the Commission's rules.
3. Section 76.953 of the Commission's rules in effect at the time the complaint was
filed provides that complaints against CPST rate increases or associated equipment must be filed
with the Commission within 45 days from the date the complainant receives a bill from a cable
operator that reflects the rate change.3 Based on our review of the record, we conclude that the
complaint was not timely filed. The Complainant contends that it first received a bill reflecting
the CPST rate increase on January 31, 1 9944 The complaint was filed with Commission on
February 6, 1995, 1 year and 5 days after the date of the first bill reflecting the CPST rate
increase. Consequently, the complaint does not trigger the Commission's jurisdiction.
The complaint was filed with the Commission on February 6, 1995.
See Section 623(c) of the Communications Act, as amended, 47 U.S.C. Section 543(c) (1996).
47 C.F. R. 76.953.
See FCC Form 329 complaint dated January 18, 1995.
21787
Federal Communications Commission
	
DA 97-935
4. 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.
5.
	
This action is taken pursuant to delegated authority under Section 0.32 1 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
21788