FOR RECORD ONLY $//ORDER Dismissing Appeal and Stay in Port Townsend, WA, DA 95-443//$ $/76.922 Rates for the basic service tier/$ $/76.923 Rates for equipment and installation/$ $/76.944 Commission Review of Franchising Authority Decisions/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 ) DA95-443 In the Matter of: ) ) PORT TOWNSEND CABLE TV LTD. ) ) Motion to Withdraw ) Appeal of Local Rate Order of ) City of Port Townsend ) ORDER Adopted: March 7, 1995 Released: March 8, 1995 By the Chief, Cable Services Bureau: 1. On September 15, 1994, Port Townsend Cable TV Limited ("Townsend") filed an appeal of the local rate order, released on August 18, 1994 by Townsend's franchising authority, the City of Port Townsend, Washington ("the City"). In the local rate order, the City established regulated rates for basic cable service and associated equipment, provided by Townsend, as allowed by the Cable Television Consumer Protection and Competition Act of 1992. The local order required Townsend to issue refunds to customers. 2. On October 4, 1994, Townsend filed with the Commission a motion to withdraw its earlier-filed appeal and stay request. In its motion, Townsend stated that the "Commission review of the City's above-referenced Basic Rate Regulation Order is no longer necessary" because Townsend and the City "have conferred regarding the underlying rate dispute," and "the City has adopted or will adopt an amended rate order." There being no opposition, Townsend's motion to withdraw is granted. 3. Accordingly, IT IS ORDERED THAT Port Townsend Cable TV Limited's Appeal of the Local Rate Order of the City of Port Townsend IS DISMISSED. IT IS FURTHER ORDERED that Port Townsend Cable TV Limited's Petition for Emergency Stay 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