FOR RECORD ONLY
$//ORDER, Dynamic Cablevision of Florida, DA 95-628//$
$/1.106 Petition for Reconsideration/$
$/1.45(d)Request for Stay/$
$/a la carte orders/$
$///DA 95-628  4/26/95 ///$
///newjob///

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

     DA 95-628

In the Matter of:                    )
                                     )
DYNAMIC CABLEVISION OF               )
FLORIDA, LTD.                        ) LOI-93-43
Hialeah, FL                          )
                                     )
Motion for Stay                      )
Pending Reconsideration of           )
Order on Letter of Inquiry           )


                                   ORDER


Adopted:  March 27, 1995         Released:  March 29, 1995


By the Chief, Cable Services Bureau:


I.  Introduction

     1.    On March 9, 1995, Dynamic Cablevision of Florida, Ltd. ("Dynamic"), filed a
Motion for Stay pending reconsideration by the Cable Services Bureau of the Memorandum
Opinion and Order issued in the Letter of Inquiry ("LOI") proceeding concerning Dynamic. 
The LOI Order requires Dynamic to restructure its service offerings on or before March 22,
1995, to treat the channels composing its Cable Plus package and Expanded Package as rate-
regulated channels.  Dynamic filed a Petition for Reconsideration of the Order on January 23,
1995.  In the instant Motion, Dynamic seeks a stay of the LOI Order pending the resolution
of its Petition for Reconsideration.  For the reasons set forth below, we grant Dynamic's
Petition for Stay.


II.  Background

     2.    On September 28, 1993, the Commission received an FCC Form 329
Complaint filed by Metropolitan Dade County concerning the reasonableness of rates charged
for cable programming services by Dynamic.  In response to this complaint, the Commission
issued a Letter of Inquiry to Dynamic on December 13, 1993.  The LOI asked Dynamic to
provide information concerning its compliance with the Commission's rules governing evasion
in the offering of packages which allegedly are not rate-regulated.  Dynamic responded to our
LOI on January 12, 1994.

     3.   Based on the information submitted by Dynamic and the Commission's rules,
the Bureau found that Dynamic's Cable Plus package and Expanded Package, as the offerings
existed in Hialeah, Florida, on December 13, 1993, the date of the Commission's Letter of
Inquiry, were not exempt from regulation.  As a result, the Bureau ordered Dynamic to either
(1) offer the channels composing Dynamic's Cable Plus and Expanded packages as part of the
respective rate-regulated tiers in which they were offered prior to September 1, 1993, or (2)
offer the channels collectively as a separate rate-regulated tier of cable programming service. 
In addition, the Bureau ordered the channels to be counted by Dynamic as rate-regulated
channels as of September 1, 1993, for purposes of rate justification.  Dynamic filed a Petition
for Reconsideration of the LOI Order on January 23, 1995, and subsequently filed the instant
Motion for Stay.  No opposition to the Motion is on file.


III. Discussion

     4.   The Commission evaluates petitions for stay under well-settled principles.  To
support a stay, petitioners must demonstrate:  (1) that they are likely to prevail on the merits;
(2) that they will suffer irreparable harm if a stay is not granted; (3) that other interested
parties will not be harmed if the stay is granted; and (4) that the public interest favors grant
of a stay.  As described below, resolution of this particular stay rests mainly on the strength
of Dynamic's argument concerning the second prong of this test.

     5.   Dynamic claims that it will suffer irreparable injury if it is required to comply
with the Bureau's LOI Order, since it would be required to restructure and reprice its service
packages, bear substantial marketing costs associated with the restructuring, and implement
rate refunds pursuant to any rate orders which would be based on the LOI Order.  In the
event Dynamic's Petition for Reconsideration is successful on the merits, Dynamic asserts that
its financial losses would be unrecoverable.  Dynamic also claims it will suffer damage to its
goodwill if a stay is not granted.

     6.   We grant the stay requested by Dynamic pending resolution of its Petition for
Reconsideration of the LOI Order.  We conclude that a stay of our order is appropriate to
prevent Dynamic from being subjected to the irreparable economic harm of implementing a
restructuring, with its associated expenses, and issuing refunds to subscribers that it could not
later recoup.  In light of the potential irreparable harm which could result if Dynamic is
required to restructure its service offerings before the Commission has decided the merits of
Dynamic's  Petition for Reconsideration, we find that a stay of our order best serves the
public interest.

     7.   Accordingly, IT IS ORDERED that the Memorandum Opinion and Order
issued in Letter of Inquiry proceeding No. LOI-93-43 is STAYED pending the resolution of
Dynamic's Petition for Reconsideration.  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