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 Federal  Communications  Commission  DA  02-  553 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of: 
 UNITED  CABLE  TELEVISION  OF  CALIFORNIA  INC,  d/  b/  a  TCI  CABLEVISION 
 OF  DAVIS 
 Motion  to  Withdraw  Appeals  of  Local  Rate  Orders  Setting  Basic  Service  and  Equipment  Rates  Issued 
 by  the  City  of  Davis,  CA 


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 CUID  CA1058 
 File  Nos.  CSB-  A-  0016  CSB-  A-  0525 


 ORDER 
 Adopted:  March  5,  2002  Released:  March  8,  2002 
 By  the  Chief,  Consumer  Protection  and  Competition  Division,  Cable  Services  Bureau: 
 1.  United  Cable  Television  of  California,  Inc.,  d/  b/  a  TCI  Cablevision  of  Davis  (“  TCI-  D”)  filed  with  the  Commission  on  March  27,  1998  an  appeal  of  local  rate  order  adopted  by  the  City  of  Davis, 
 California  (“  City”)  on  February  25,  1998.  Along  with  its  appeal,  TCI-  D  also  filed  a  request  for  emergency  stay  on  April  2,  1998.  TCI-  D  had  also  filed  on  May  12,  1995  a  petition  for  reconsideration  of  Memorandum 
 Opinion  and  Order,  DA  95-  784  issued  by  the  Cable  Services  Bureau  on  April  12,  1995. 
 2.  In  a  Joint  Motion  to  Withdraw  filed  on  February  19,  2002,  TCI-  D  states  that  it  has  now  reached  an  acceptable  resolution  of  this  matter  with  the  City.  TCI-  D  and  the  City  together  request  that  the 


 appeal,  petition  for  reconsideration,  request  for  emergency  stay,  as  well  as  all  subsequent  filings  related  to  these  proceedings  be  withdrawn  and  dismissed  with  prejudice  and  without  benefit  of  substantive 
 Commission  review.  This  withdrawal  resolves  all  BST  rate  matters  involving  TCI-  D  and  the  City. 
 3.  Accordingly,  IT  IS  ORDERED  that  the  Joint  Motion  to  Withdraw  filed  by  United  Cable  Television  of  California,  Inc.,  d/  b/  a  TCI  Cablevision  of  Davis  and  the  City  of  Davis,  California  IS 


 GRANTED  and  the  appeal  filed  on  March  27,  1998,  emergency  stay  filed  on  April  2,  1998  and  the  petition  for  reconsideration  filed  on  May  12,  1995  ARE  DISMISSED. 


 4.  This  action  is  taken  pursuant  to  authority  delegated  by  Section  0.321  of  the  Commission’s  rules.  47  C.  F.  R.  §  0.321. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


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