FOR RECORD ONLY
$//ORDER Dismissing Appeal in Athol, MA, DA 95-442//$
$/76.922 Rates for the basic service tier/$
$/76.923 Rates for equipment and installation/$
$/76.944 Commission Review of Franchising Authority Decisions/$
                                    
                               Before the
                    FEDERAL COMMUNICATIONS COMMISSION
                         Washington, D.C. 20554

                                   )         
In the Matter of:                       )         
                                   )
TIME WARNER ENTERTAINMENT          )              DA95-442
CO., L.P., d/b/a/ Time Warner Cable          )         
of Athol                           )    
                                   )
Motion to Withdraw Petition for Review            )
of Rate Orders Issued by Commonwealth        ) 
of Massachusetts Community Antenna      )
Television Commission                   )
(Towns of Athol and Orange,             )
Massachusetts)                     )

ORDER
              
Adopted:  March 7, 1995                 Released: March 8, 1995

By the Chief, Cable Services Bureau:

     1.  On June 20, 1994, Time Warner Entertainment Co., L.P., d/b/a Time Warner
Cable of Athol ("Warner"), filed an appeal of two local rate orders, issued on May 20, 1994
by Warner's franchising authority, Massachusetts Community Antenna Television
Commission ("MCATC").  In the local rate orders, MCATC established regulated rates for
basic cable service and associated equipment, provided by Warner, as allowed by the Cable
Television Consumer Protection and Competition Act of 1992.  The local order required
Warner to adjust benchmark rates for basic service based on revised GNP-PI data and to
issue a refund to the communities in the towns of Athol and Orange, Massachusetts.

     2.  On September 12, 1994, Warner filed with the Commission a motion to withdraw
its earlier-filed petition for review.  In its motion, Warner explained that "[n]otwithstanding
Time Warner's disagreement with the Massachusetts Cable Commission's decision, Time
Warner has nonetheless paid the refunds and the appeal is therefore moot."  There being no
opposition, Warner's Motion to Withdraw is granted.

     3.  Accordingly, IT IS ORDERED THAT Time Warner Entertainment Co., L.P.'s
Petition for Review of Local Rate Orders of the Massachusetts Community Antenna
Television Commission IS DISMISSED.  

     4.  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