11 FCC Red No. 3 Federal Communications Commission Record Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of TRIAX SOUTHEAST ASSOCIATES, L.P. Notice of Withdrawal of Appeal of Order Setting Basic Service and Equipment Rates by Pitt County, North Carolina ORDER Adopted: January 18, 1996; Released: January 31, 1996 By the Chief, Consumer Protection and Competition Division: 1. On August 16, 1995, Triax Southeast Associates, L.P. of Pitt County, North Carolina ("Triax"), the operator of a cable television system serving the County of Pitt, North Carolina (the "County"), filed with the Commission an appeal of a local rate order adopted by the County on July 17, 1995. The rate order established Triax's rates for basic cable service, equipment, installations and hourly service charges pursuant to the Cable Television Consumer Protec­ tion and Competition Act of 1992.1 2. On September 5, 1995, the County filed an opposition to the appeal. On September 12, 1995, Triax filed a re­ sponse to the opposition of the County. On November 13, 1995, Triax filed with the Commission a notice of with­ drawal of its earlier-filed appeal. No opposition to the notice of withdrawal has been filed by the County. There­ fore, Triax's notice of withdrawal of its appeal is granted. 3. Accordingly, IT IS ORDERED THAT Triax's notice of withdrawal of its appeal of the rate order issued by the County of Pitt, North Carolina IS GRANTED and the appeal IS DISMISSED. 4. This action is taken by the Chief, Cable Services Bureau, pursuant to authority delegated by section 0.321 of the Commission's rules. 4 7 C.F.R. § 0.32 I (1993 ). FEDERAL COMMUNICATIONS COMMISSION Mary Ellen Burns Chief, Consumer Protection and Competition Division Cable Services Bureau 1 Pub. L. No. 102-385, 106 Stat. 1460 (1992). 1107 DA 96-34