Federal Communications Commission DA 96-1209 Before the Federal Communications Commission Wasbington, D.C. 20554 In the Matter of: PARAGON CABLE MANHATFAN Motion to Dismiss Appeal of Order Setting Basic Service and Equipment Rates by the City of New York, New York ORDER Adopted: July 29, 1996 Released: August 7, 1996 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: INTRODUCTION 1. On October 31, 1994, Paragon Cable of New York City ("Paragon") filed with theCommission a petition to appeal a local rate order adopted on September 30, 1994, by the City of New York (the "City"). The City filed its opposition to the appeal on November 15, 1994.The rate order established Paragon's rates for basic cable service, equipment, installations andhourly service charges, as allowed by the Cable '1 elevision Consumer Protection and Competition Act of 1992.' 2. On July 19, 1996, Paragon filed with the Commission a motion to dismiss its earlier-filed appeal. No opposition to the motion has been filed. Therefore, Paragon's motion to dismiss its appeal is granted. II Ordering Clause 3. Accordingly, IT IS ORDERED THAT Paragon'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'simplementing regulations, local franchising authorities may regulate rates for basic cable service and associated equipment. 9149 Federal Communications Commission DA 96-1209 4. This action is taken by the Chief, Consumer Protection and Competition Division, Cable Services Bureau, pursuant to authority delegated by section 0.32 1 of the Commission's rules. 47 C.F.R. § 0.321 (1993). FEDERAL COMMUNICATIONS COMMISSION Gary Laden Chief, Consumer Protection and Competition Division Cable Services Bureau 9150