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 Federal  Communications  Commission  DA  01-  2562 
 1 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter: 
 TCI  CABLEVISION  OF  HAYWARD,  INC. 
 Motion  to  Withdraw  Appeal  of  Local  Rate  Order 
 Setting  Basic  Service  and  Equipment  Rates  in 
 Foster  City,  CA 


 )  ) 
 )  ) 
 )  ) 
 ) 


 Cuid  No.  CA0099 
 File  Nos.  CSB-  A-  0019 
 CSB-  A-  0517 


 ORDER 
 Adopted:  October  31,  2001  Released:  November  5,  2001 
 By  the  Chief,  Consumer  Protection  and  Competition  Division,  Cable  Services  Bureau: 


 1.  TCI  Cablevision  of  Hayward,  Inc.  (“  TCI-  H”),  filed  with  the  Commission  on  February  16, 
 1995  an  appeal  of  a  local  rate  order  adopted  by  Foster  City,  California  (“  City”).  The  City’s  order 
 prohibited  TCI-  H  from  charging  subscribers  separately  for  its  optional  Inside  Wiring  Maintenance  Plan 
 (“  IWMP”).  TCI-  H  also  filed  a  request  for  emergency  stay  of  the  local  rate  order. 


 2.  On  October  10,  2001,  TCI-  H  filed  a  Motion  to  Withdraw  Appeal  of  Local  Rate  Order.  In 
 its  motion,  TCI-  H  states  that  it  has  decided  not  to  contest  the  local  ruling  on  this  issue  and  will  comply 
 with  the  City’s  rate  order.  As  a  result,  the  issue  is  moot.  TCI-  H  requests  that  the  appeal  and  related  stay 
 request  be  withdrawn. 


 3.  TCI-  H  also  requests  that  the  IWMP  issue  addressed  in  its  March  19,  1998  appeal  of  the 
 local  rate  order  adopted  by  the  City  be  regarded  as  moot  and  withdrawn  from  further  consideration.  In  all 
 other  issues,  however,  the  appeal  should  remain  pending  and  await  substantive  Commission  review. 


 4.  Accordingly,  IT  IS  ORDERED  that  the  Motion  to  Withdraw  Appeal  of  Local  Rate 
 Order  filed  by  TCI  Cablevision  of  Hayward,  Inc.  on  October  10,  2001  IS  GRANTED. 


 5.  IT  IS  FURTHER  ORDERED  that  the  appeal  filed  by  TCI  Cablevision  of  Hayward,  Inc. 
 on  February  16,  1995  and  the  related  request  for  emergency  stay  ARE  DISMISSED,  and  the  appeal  filed 
 by  TCI  Cablevision  of  Hayward,  Inc.  on  March  19,  1998  IS  DISMISSED  IN  PART  regarding  the 
 optional  Inside  Wiring  Maintenance  Plan  issue. 
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 Federal  Communications  Commission  DA  01-  2562 
 2 
 6.  This  action  is  taken  pursuant  to  authority  delegated  by  Section  0.321  of  the 
 Commission’s  rules.  47  C.  R.  F.  §  0.321. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Deborah  E.  Klein 
 Chief,  Consumer  Protection  and  Competition  Division 
 Cable  Services  Bureau 
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