FOR RECORD ONLY
$//ORDER Dismissing Appeal in San Antonio, TX, DA 95-445//$
$/76.922 Rates for the basic service tier/$
$/76.923 Rates for equipment and installation/$
$/76.944 Commission Review of Franchising Authority Decisions/$

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


                                  )          
In the Matter of:                      )          DA 95-445
                                  )
PARAGON CABLE                          )          
                                  )
Motion to Withdraw Appeal of Order     )
Setting Basic Service and Equipment         )
Rates of the City of San Antonio            )


ORDER
                  

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

By the Chief, Cable Services Bureau:


     1.  On May 9, 1994, Paragon Cable ("Paragon") filed an appeal of the local rate
order, adopted on April 7, 1994 by Paragon's franchising authority, the City of San Antonio,
Texas (the "City").  In the local rate order, the City established regulated rates for basic
cable service and associated equipment, provided by Paragon, as allowed by the Cable
Television Consumer Protection and Competition Act of 1992.  Under the local rate order,
the City denied Paragon the right to charge a premium distribution fee for the delivery of
premium services on multiple outlets and treated Paragon's a la carte offering of WTBS and
WGN as a regulated tier.

     2.  On October 11, 1994, Paragon filed with the Commission a motion to withdraw
its earlier-filed appeal.  In its motion, Paragon stated that "the City adopted a new cable rate
resolution" and therefore "that Commission review of the City's Rate Order . . . is no longer
necessary."  There being no opposition, Paragon's Motion to Withdraw is granted.





     3.  Accordingly, IT IS ORDERED THAT Paragon Cable's Appeal of the Local Rate
Order of the City of San Antonio, Texas 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