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 Federal  Communications  Commission  DA  02-  2841 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  matter  of: 
 TCI  CABLEVISION  OF  CALIFORNIA,  INC. 
 Motion  to  Withdraw  Petition  for  Emergency  Declaratory  Ruling  involving  the  City  of  Santa 
 Clara,  CA 


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 Cuid  CA0455 
 File  No.  CSB-  A-  0401 


 ORDER 
 Adopted:  October  23,  2002  Released:  October  25,  2002 
 By  the  Deputy  Chief,  Policy  Division,  Media  Bureau: 
 1.  TCI  Cablevision  of  California.  Inc.  (“  TCI-  C”)  filed  with  the  Commission  on  April  25,  1997,  a  Petition  for  Emergency  Declaratory  Ruling  asking  the  Commission  to  rule  that  the  City  of  Santa 
 Clara,  California  (“  City”)  concluded  incorrectly  that  a  TCI-  C  rate  filing  was  facially  incomplete.  Along  with  its  petition,  TCI-  C  also  filed  a  request  for  emergency  stay  on  May  27,  1997. 


 2.  In  a  Motion  to  Withdraw  Petition  for  Emergency  Declaratory  Ruling  filed  on  October  4,  2002,  TCI-  C  states  that  the  dispute  is  now  moot  and  there  is  no  longer  any  need  to  burden  the  Commission 
 with  a  review  of  the  underlying  dispute.  TCI-  C  requests  that  the  petition  and  the  request  for  emergency  stay,  as  well  as  any  other  TCI-  C  petitions  seeking  Commission  review  of  any  local  rate  orders  issued  by  the 
 City  of  Santa  Clara,  California  be  dismissed  without  benefit  of  substantive  Commission  review. 
 3.  Accordingly,  IT  IS  ORDERED  that  the  Motion  to  Withdraw  Petition  for  Emergency  Declaratory  Ruling  filed  by  TCI  Cablevision  of  California,  Inc.  IS  GRANTED  and,  in  particular,  the 


 petition  filed  on  April  25,  1997  and  the  emergency  stay  filed  on  May  27,  1997  ARE  DISMISSED. 
 4.  This  action  is  taken  pursuant  to  authority  delegated  by  Section  0.283  of  the  Commission’s  rules.  47  C.  F.  R.  §  0.283. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 John  B.  Norton  Deputy  Chief,  Policy  Division 
 Media  Bureau 
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