FOR THE FCC RECORD ONLY $//Newhouse Broadcasting Corp., Order, DA 95-621//$ $/Part 76 Subpart N, Cable Rate Regulation/$ $/Request for Stay/$ Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the matter of ) ) DA 95-621 Newhouse Broadcasting Corporation ) ) Request for Stay ) ORDER Adopted: March 24, 1995 Released: March 28, 1995 By the Chief, Cable Services Bureau: 1. On March 1, 1995, Newhouse Broadcasting Corporation ("Newhouse") filed with the Cable Services Bureau a request for deferral of action on complaints regarding the rates Newhouse cable operators have charged for cable programming service ("CPS") tiers in various areas, based on the pendency before the Commission of Newhouse's application for review of recent decisions regarding Letter of Inquiry ("LOI") investigations. Newhouse notes that the Bureau has previously agreed not to defer action, but to stay the effectiveness of actions implicating issues common to CPS complaints and LOI orders. Noting that the Bureau has since adopted orders resolving rate complaint cases in a number of Newhouse service areas, and that additional rate complaint cases are pending, Newhouse requests a blanket stay of the effectiveness of such orders pending resolution of the LOI review. 2. Newhouse notes that, even in Newhouse systems that were not subject to LOI proceedings, the issues involved in the LOI and CPS rate complaint cases are identical, and the Commission's resolution of the LOI cases will affect the Bureau's handling of the CPS rate complaints. Newhouse also refers to the Bureau's statement that consumers would not be harmed by such a stay, since the stay would be lifted, and any refunds ordered would be paid with interest, in case of the Commission's upholding the Bureau's LOI decisions. Newhouse notes that the Bureau released a series of orders resolving CPS rate complaints in various Vision Cable communities in North Carolina, and states that the pending LOI issues were involved, so that a stay of the effectiveness of those orders would be appropriate. 3. We have considered the arguments made, and believe it would be appropriate to stay the effectiveness of any action pursuant to our orders with respect to Newhouse CPS 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. 4. Accordingly, IT IS ORDERED, pursuant to Section 0.321 of the Commission's rules, 47 C.F.R. 0.321, that the effectiveness of any action pursuant to our orders with respect to complaints against Newhouse Broadcasting Corporation or any of its members, regarding the prices charged for cable programming services, IS STAYED pending Commission resolution of pending review of Newhouse Broadcasting Corporation Letter of Inquiry proceedings. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau