Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) TIME WARNER CABLE OF NEW YORK ) ) Motion to Dismiss Appeal of Order ) Setting Basic Service and Equipment ) Rates by the City of New York, New York ) ORDER DA 96-1207 Adopted: July 29, 1996 Released: August 6, 1996 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION 1. On September 30, 1994, Time Warner Cable of New York City ("Time Warner") filed with the Commission a petition to appeal a local rate order adopted on August 31, 1994, by the City of New York (the "City"). The City filed its opposition to the appeal on October 17, 1994. The rate order established Time Warner's rates for basic cable service, equipment, installations and hourly service charges, as allowed by the Cable Television Consumer Protection and Competition Act of 1992.1 2. On July 19, 1996, Time Warner filed with the Commission a motion to dismiss its earlier-filed appeal. No oppositipn to the motion has been.filed. Therefore, ~ime Warner's motion to dismiss its appeal is granted. II Ordering Clause 3. Accordingly, IT IS ORDERED THAT Time Warner's motion to dismiss its appeal of the rate order issued by the City of New York IS GRANTED and the appeal IS DISMISSED. 'Under the Cable Television Consumer Protection and Competition Act of 1992, Pub. L. No. 102-385, 106 Stat 1460 (1992) ("1992 Cable Act"), Communications Act of 1934, § 623(b), 47 U.S.C. § 543(b), and the Commission's implementing regulations, local franchising authorities may regulate rates for basic cable service and associated equipment. 9145 Federal Communications Commission DA 96-1207 4. This action is taken by the Chief, Consumer Protection 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 (1993). FEDERAL COMMUNICATIONS COMMISSION Gaiy Laden Chief, Consumer Protection and Competition Division Cable Services Bureau 9146