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 Federal  Communications  Commission  DA  01-  1503 
 Before  the 
 Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 TCI  of  Indiana,  Inc.  For  Modification  of  Market  of 
 Station  WTJC-  TV,  Springfield,  Ohio 


 In  the  Matter  of: 
 Paxson  Dayton  License,  Inc.  against  TCI  of  Indiana, 
 Inc.  for  Carriage  of  WTJC-  TV,  Springfield,  Ohio 


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 CSR  4828-  A 
 CSR  4180-  M 
 MEMORANDUM  OPINION  AND  ORDER 
 Adopted:  June  22,  2001  Released:  June  26,  2001 
 By  the  Deputy  Chief,  Cable  Services  Bureau: 


 I.  DISCUSSION 
 1.  ACME  Television  Licenses  of  Ohio,  LLC  (“  ACME”),  licensee  of  television  broadcast 
 station  WBDT(  TV),  Springfield,  Ohio,  has  filed  a  request  for  dismissal  of  the  above-  captioned  complaint 
 filed  by  Paxson  Dayton  License,  Inc.  ("  Paxson")  for  mandatory  carriage  of  the  station,  formerly  WTJC-  TV,  on 
 the  cable  system  of  TCI  of  Indiana,  Inc.  ("  TCII"),  in  Centerville,  Richmond,  Spring  Grove,  and  Wayne  County, 
 Indiana,  and  for  dismissal  of  the  above-  captioned  petition  for  exclusion  of  those  communities  from  the  station’s 
 market.  ACME  also  requests  that  the  Memorandum  Opinion  and  Order  in  TCI  of  Indiana,  Inc.,  which  granted 
 TCII’s  petition  and  denied  Paxson’s  complaint,  be  vacated.  1  Also  before  the  Commission  is  an  Application  for 
 Review  of  TCI  of  Indiana,  Inc.  filed  by  Paxson. 


 2.  ACME  states  that  the  license  of  station  WTJC-  TV  was  assigned  to  it  by  Paxson  in  1999,  and 
 that  the  station’s  call  letters  were  subsequently  changed  to  WBDT(  TV).  ACME  further  states  that  the  cable 
 system  serving  these  communities  was  acquired  in  1998  by  Insight  Communications  Co.  (“  Insight”),  which 
 currently  operates  the  system.  ACME  submitted  with  its  request  a  letter  from  Insight,  dated  June  19,  2001, 
 stating  that  Insight  currently  carries  station  WBDT(  TV)  on  its  cable  system  serving  these  communities  and  that  it 
 does  not  have  any  interest  in,  nor  does  it  object  to  dismissal  of,  the  referenced  petition  and  Memorandum  Opinion 
 and  Order. 


 3.  Based  on  the  foregoing  undisputed  representations  of  the  current  parties  in  interest,  we  find  that 
 the  matters  at  issue  in  the  above-  captioned  proceedings  are  moot. 


 1  12  FCC  8621  (1996). 
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 Federal  Communications  Commission  DA  01-  1503 
 2 
 II.  ORDERING  CLAUSES 
 4.  Accordingly,  IT  IS  HEREBY  ORDERED  that  the  complaint  filed  August  14,  1996  in 
 File  No.  CSR  4810-  M  by  Paxson  Dayton  License,  Inc.  IS  DISMISSED. 


 5.  IT  IS  HEREBY  FURTHER  ORDERED  that  the  petition  for  special  relief  filed  on 
 September  13,  1996  by  TCI  of  Indiana,  Inc.  in  File  No.  CSR-  4828-  A  IS  DISMISSED. 


 6.  IT  IS  HEREBY  FURTHER  ORDERED  that  the  Application  for  Review  of  TCI  of 
 Indiana,  Inc.  filed  by  Paxson  Dayton  License,  Inc.  IS  DISMISSED. 


 7.  IT  IS  HEREBY  FURTHER  ORDERED  that  the  Memorandum  Opinion  and  Order 
 released  December  20,  1996,  in  TCI  of  Indiana,  Inc.,  12  FCC  8621  (1996),  IS  HEREBY  VACATED. 


 8.  This  action  is  taken  pursuant  to  authority  delegated  by  Section  0.321  of  the  Commission's 
 rules.  2 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 William  H.  Johnson 
 Deputy  Chief,  Cable  Services  Bureau 


 2  47  C.  F.  R.  Section  0.321. 
2