FOR RECORD ONLY 
$// DISMISSAL ORDER of Appeal in West Hollywood, CA, DA 95-122//$
$/76.922 Rates for the basic service tier/$
$/76.944 Commission Review of Franchising Authority Decisions/$ 

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

                                     )                     DA 95-122       
In the Matter of:                    )
                                     )
CENTURY SOUTHWEST CABLE              )
TELEVISION CORPORATION               )            
                                     )
Motion to Dismiss                    )
Appeal of Local Rate Order of        )
City of West Hollywood, CA           )
                                     
                                   ORDER

Adopted:  January 30, 1995                      Released:  January 31, 1995

By the Chief, Cable Services Bureau:

I.   INTRODUCTION

     1.   Century Southwest Cable Television Corporation ("Century"), the franchisee
in the above matter, filed on April 8, 1994 an Appeal of Local Cable Rate Order adopted on
March 7, 1994 by its local franchising authority, the City of West Hollywood, California
("the City").  The Rate Order establishes a new regulated rate schedule for Century's basic
service tier rates and associated equipment.  Specifically, the City's Rate Order requires
Century to implement certain rate reductions and to issue refunds to subscribers, dating back
to September 1, 1993.

     2.   In its Appeal, Century challenged the City's setting of Century's installation
rates at zero.  In addition, Century also challenged other aspects of the City's Rate Order: 
(1) the City's allocation of 100% of Century's labor cost in calculating hourly service
charge; (2) the City's refusal to count certain channels in calculating Century's permitted
basic rate; and (3) the City's refusal to provide Century with a copy of the Form 393 on
which the City based its findings.  In its Opposition, the City explained that it did not intend
to establish a permanent rate of zero for Century's installations.  Instead, it temporarily set
Century's rates for installations at zero to encourage Century to provide the City with the
data that it had repeatedly requested so that the City could determine the reasonableness of
Century's installations.  The City disputed Century's other claims and maintained that its
determination of Century's basic service tier rates was proper.

     3.   On January 11, 1995, Century filed with the Commission a Motion to Dismiss
Petition for Review of Rate Order.  In its Motion, Century states that it "no longer wishes to
pursue its appeal and hereby requests that the Commission dismiss the Petition for Review."  
There being no opposition, Century's Motion to Dismiss is granted.   

     4.   Accordingly, IT IS ORDERED that Century Southwest Cable Television
Corporation's Appeal of the Local Rate Order of the City of West Hollywood, California is
DISMISSED.

     5.   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