FOR RECORD ONLY //$Mercom, Inc., Plainwell, MI, Letter, DA 94-1544//$ $/76.922 Rates for Cable Programming Servie tiers/$ $/a la carte orders/$ December 19, 1994 Gardner F. Gillespie Hogan & Hartson DA 94-1544 Columbia Square Released: December 20, 1994 555 Thirteenth St., N.W. Washington, D.C. 20004-1109 File Number: LOI-93-10 Dear Mr. Gillespie: On November 17, 1993, the Commission requested information from Mercom, Inc. ("Mercom") concerning, among other things, a la carte services offered by it in the City of Plainwell, Michigan. Letter from Roy J. Stewart, Chief, Mass Media Bureau, FCC, to Mr. Rob Ritzel, Manager, Allegan County Cablevision (Mercom), LOI-93-10 (November 17, 1993). The inquiry was prompted by a letter from the City of Plainwell that questioned Mercom's practice of moving channels from rate-regulated cable programming service tiers to packages of a la carte channels. In a letter to the Cable Services Bureau dated October 11, 1994, the City of Plainwell sought to withdraw its Form 329 rate complaint filed against Mercom. The City stated in that letter that it had completed its review of Mercom's rate justification and had resolved the issue of whether Mercom's a la carte service offerings are rate-regulated. In an Order released December 12, 1994, the Cable Services Bureau granted the City's request to withdraw its complaint against Mercom. Memorandum Opinion and Order, DA 94-1440 (Cable Services Bureau, December 12, 1994). In addition to granting the City's request, the Order terminated the Bureau's review of the rate justification proceeding initiated by the complaint. There is now neither a valid rate complaint nor a pending rate case respecting Mercom in the City of Plainwell. Moreover, the City has requested, by letter dated October 11, 1994, that the Commission discontinue its investigation into the issues set forth in the Letter of Inquiry referenced above. Under all these circumstances, we believe that the public interest is not served by our continuing the inquiry of Mercom initiated by Letter of Inquiry 93-10. Accordingly, we hereby terminate that inquiry. Sincerely, Meredith J. Jones Chief, Cable Services Bureau cc: John Pestle Rob Ritzel Ruth A. King