FOR FCC RECORD ONLY $//ORDER Granting stay request of Petitioner, Fairfield, CA, DA-1246//$ $/76.922 Basic Tier Rates/$ $/76.944 Commission Review of Local Authority Rate Decision/$ Before the FEDERAL COMMUNICATIONS COMMISSION DA 94-1246 Washington, D.C. 20554 In the Matter of: ) ) ML MEDIA PARTNERS, L.P. ) TRADING AS MULTIVISION ) CABLE TV ) ) Request for Stay of ) Local Rate Order of the ) City of Fairfield, California ) ORDER Adopted: November , 1994 Released: November , 1994 By the Chief, Cable Services Bureau: 1. ML Media Partners, L.P., d/b/a Multivision Cable TV ("Multivision"), the franchisee in the above matter, filed on August 10, 1994, a Request for a Stay of a Rate Order of the City of Fairfield, California Pending Appeal ("petition") of the local rate order adopted by the City of Fairfield, California ("City") on August 2, 1994. The City did not submit any pleadings in opposition to Multivision's petition. The local rate order establishes a new rate schedule for Multivision's basic service tier, associated equipment, and installations, and directs Multivision to issue refunds to subscribers for those charges since September 1, 1993 which were in excess of the newly established rates. The main issue raised by Multivision in its petition centers on the proper regulatory treatment of Multivision's a la carte offerings. 2. The Commission has issued numerous Letters of Inquiry to cable operators regarding the regulatory treatment of a la carte offerings. While a Letter of Inquiry has not been issued to the operator in this case, we will grant Multivision's petition pending the resolution of its Appeal, in order to minimize subscriber confusion and ensure regulatory consistency in this important area, as the Commission has done in other similar cases. 3. During the period of this stay, Multivision is ordered to deposit in an interest- bearing escrow account the total amount of money that the City has ordered Multivision to refund to its customers. Alternatively, Multivision may elect to post a bond for the benefit of the City. The amount of the bond shall be the total amount of money subject to the refund order, plus interest on that amount for a twelve (12) month period from the date of this Order. The bond shall provide that if Multivision is unable to fulfill its refund obligations for any reason, then the surety will fulfill that obligation to the City, on behalf of Multivision's subscribers. 4. Accordingly, IT IS ORDERED that the local rate order adopted by the City of Fairfield, California is STAYED pending the resolution of Multivision's Request for Review. 5. IT IS FURTHER ORDERED that the amount of the refunds required by the City of Fairfield, California's local rate order SHALL BE PLACED by Multivision in an interest-bearing escrow account, OR SHALL BE SECURED by the posting of a bond for the benefit of the City of Fairfield, for the amount of money the City of Fairfield has ordered Multivision to refund, plus interest. The amount of the bond shall be the total amount of money subject to the refund order, plus interest on that amount for a twelve (12) month period from the date of this Order. Proof of Multivision's compliance with this Order shall be filed with the Commission within thirty (30) days of the release of this Order. Interest shall accrue, or be computed, at the prevailing U.S. Internal Revenue Service Rate. 6. This action is taken by the Chief, 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 Meredith J. Jones Chief, Cable Services Bureau