FOR FCC RECORD ONLY
$//Letter Order Denying Request to Defer Action, DA-367//$
$/NewChannels, Vision Cable, Lincoln Cablevision Staying of Refund Action/$
$/Part 76 Subpart N Cable Rate Regulation/$

                     Federal Communications Commission
                           Washington, DC 20554

                             February 27, 1995
                                                  DA 95-367
                                                 Released:                 
                                                      February 28, 1995    

Brenda L. Fox, Esq.
Dow, Lohnes & Albertson
1255 23rd Street, NW
Washington, DC 20037-1194


                         re:  Request for Deferral of Action:
                              Binghamton NewChannels; Vision Cable
                              Television Co., Inc.; Vision Cable of North
                              Carolina, Inc.; Lincoln Cablevision

Dear Ms. Fox:

On January 17, 1995, you wrote on behalf of the above-referenced companies to request a
deferral of Commission action on complaints regarding the cable programming service
("CPS") rates of these companies pending the Commission's resolution of pending
applications for review of Letter of Inquiry ("LOI") rulings on a la carte issues.  You note
that you believe the Bureau's LOI rulings were erroneous, that deferral of action will
produce no harm to subscribers, and that the issues raised are novel and require the
Commission's attention.  Further, you state, action on the CPS rate complaints could produce
irreparable harm and unnecessary burden to these cable operators.

While we are denying your request that we defer action on CPS rate complaints against these
companies, we have considered your arguments, and believe it would be appropriate to stay
the effectiveness of any action pursuant to our orders with respect to those complaints
(including the running of any time periods set forth in those orders) until the Commission
releases a decision on the applications for review of the Bureau's LOI decisions regarding the
treatment of the relevant a la carte packages.  If the Commission affirms the Bureau's LOI
decision, any CPS rate orders that impose refund liability on these companies will become
effective upon the release of the Commission's decision and all time periods set forth therein
shall begin to run.  If the Commission releases an Order that reverses or modifies the
Bureau's LOI decision in a way that requires adjustments to the maximum permitted rates
calculated in the rate orders, the rate orders will be modified by the Commission Order.

                                   Sincerely,


                                   Meredith J. Jones
                                   Chief, Cable Services Bureau