FOR FCC RECORD ONLY
$//AMENDED ORDER, CA, DA94-1379//$
$/76.922 Basic Tier Rates/$
$/76.944 Commission Review of Franchising Authority Rate Decision/$

                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554

In the Matter of:                  )                   DA 94-1379
                              )
ML  MEDIA PARTNERS, L.P.           )                        
  TRADING AS MULTIVISION      )         
  CABLE TV                    )         
                              )         
Request for Stay of                )         
Local Rate Order of the            )         
City of Fairfield, California           )         

                               AMENDED ORDER

Adopted:  December 1, 1994                   Released:  December 2, 1994

By the Chief, Cable Services Bureau:

     1.   On November 10, 1994, we issued an Order in this proceeding granting a stay
request made by ML Media Partners, L.P., d/b/a Multivision Cable TV ("Multivision"), the
franchisee in the above matter.  In that Order, we stated that the City of Fairfield,
California ("City") had not filed any pleadings in opposition to the stay request.  The City
had, in fact, submitted an opposition to the stay request on September 2, 1994.  Multivision
subsequently submitted a reply to that opposition on September 8, 1994.   Accordingly, and
on our own motion, we now reconsider that decision.  Upon review of the responsive
pleadings, we conclude that our decision to grant the stay request remains the same.  

     2.   The local rate order adopted by the City establishes a new rate schedule for
Multivision's basic service tier, associated equipment, and installations, and directs
Multivision to issue refunds to subscribers for charges assessed since September 1, 1993
which were in excess of the newly established rates.  The main issue raised by Multivision
in its petition involves the proper regulatory treatment of Multivision's a la carte offerings. 
Multivision argues that, absent a stay, it will be harmed irreparably.  Further, it argues that a
stay is in the public interest.  The City opposes Multivision's Request for Stay and argues
that Multivision has failed to demonstrate that it will suffer irreparable harm or that the
public interest favors the granting of a stay.  Multivision replies that the City has conceded
that Multivision would be harmed if the Commission reverses the City's order but is unable
to provide for recovery of refunds paid by Multivision.
  
     3.   The regulatory treatment of a la carte offerings is the subject of numerous
Letters of Inquiry issued by the Commission to cable operators.  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 cases involving the a
la carte issue.  

     4.   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.

     5.   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.  

     6.   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 in 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. 


     7.   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




          William H. Johnson
          Acting Chief, Cable Services Bureau