DA 95-2305 Federal Communications Commission Record 10 FCC Red No. 24
Before the
Federal Communications Commission 
Washington, D.C. 20554
In the Matter of
COMCAST CABLEVISION OF 
TALLAHASSEE, INC.
Application for Review of
Memorandum Opinion and Order
of the Cable Services Bureau (DA 95-1561)
MEMORANDUM OPINION AND ORDER 
Adopted: November 6, 1995; Released: November 20,1995
By the Chief, Consumer Protection and Competition 
Division, Cable Services Bureau:
I. INTRODUCTION
1. On September 15, 1995, Comcast Cablevision of Talla- 
hassee, Inc. ("Comcast") filed with the Commission an 
Application for Review of a Memorandum Opinion and 
Order released by the Cable Services Bureau on July 17, 
1995.' In addition, an Application for Review was filed by 
the City of Tallahassee ("City") on September 15, 1995.
2. On September 21, 1995, the City filed a Motion to 
Strike Comcast's Application for Review ("Motion to 
Strike") based on the fact that the text of the Application 
for Review was in excess of the Commission's 25-page 
limit. 2 On October 2, 1995, Comcast filed a Motion to 
Substitute Application for Review of Memorandum Opin 
ion and Order ("Motion to Substitute") in which it sought 
to replace its Application for Review with a redacted Ap 
plication for Review ("Redacted Application") which com 
plied with the Commission's 25-page limit. The City filed 
an opposition to Comcasts's Motion to Substitute on Octo 
ber 4. 1995.
3. We will grant Comcast's Motion to Substitute since its 
Redacted Application raises, no new issues or arguments.3 
Furthermore, the City will not be prejudiced by the sub 
stitution of Comcast's Redacted Application since its origi 
nal Application for Review was timely filed and properly 
served upon the City.4 Finally, the substitution of 
Comcast's Redacted Application will not cause any delay in 
the proceedings in this matter, for the City has also filed an 
Application for Review, which the Commission must rule 
upon.5 For the foregoing reasons, we believe that the public 
interest in considering Comcast's Application for Review 
outweighs its procedural deficiencies. Accordingly, 
Comcast's Redacted Application for Review is hereby ac 
cepted nunc pro tune. The City's Motion to Strike is denied.
The City shall have fifteen (15) days from the date of 
release of this order to file an opposition to Comcast's 
redacted Application for Review.
II. ORDERING CLAUSES
4. Accordingly, IT IS ORDERED that the Motion to 
Substitute Application for Review of Memorandum Opin 
ion and Order filed by Comcast Cablevision of Tallahassee, 
Florida is GRANTED.
5. IT IS FURTHER ORDERED that the Motion to 
Strike filed by the City of Tallahassee, Florida is DENIED.
6. This action is taken by the Chief, Consumer Protec 
tion and Competition Division, Cable Services Bureau, 
pursuant to authority delegated by Section 0.321 of the 
Commission's rules. 47 C.F.R. § 0.321.
FEDERAL COMMUNICATIONS COMMISSION
Mary Ellen Burns
Chief, Consumer Protection and Competition Division
Cable Services Bureau
1 In the Matter of Comcast Cablevision of Tallanassee, Inc., 10 
FCC Red 7686 (Cab. Serv. Bur., released July 17, 1995).
2 See 47 C.F.R. «« 1.48(a) and 1.115(0(1).
3 See In re Application of Communications Industries. Inc.,
James F. Rill, Trustee, and Pacific Telesis Group, 1986 WL 
292740 (FCC) (Common Carrier Bureau, released February 20, 
1986).
4 See id.5 See id.
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