$//Order Granting Stay of Enforcement, Paragon Cable Manhattan, DA 95-816//$
$/Part 76 Subpart N Cable Rate Regulation/$
$/47 C.F.R.  0.321, 76.141, 76.144(e)/$ 
FOR RECORD ONLY
                                Before the
                     Federal Communications Commission
                             Washington, D.C.

                                                  DA 95-816

In the Matter of     )
              )
Paragon Cable Manhattan             )          CUID No. NY0104 Manhattan
New York, New York   )
              )
Petition for Stay of Bureau Action  )
in Benchmark Rate Order DA 95-250   )

                                   ORDER

              Adopted:  April 12, 1995     Released:  April 12, 1995

By the Chief, Cable Services Bureau:

       1.  On March 13, 1995, Paragon Cable Manhattan (Paragon) filed with the
Commission a Petition for Stay of Enforcement Pending Reconsideration.   The Cable
Services Bureau (Bureau) released, on February 17, 1993, an order finding several errors in
Paragon's rate justification filing on FCC Form 393, and made adjustments that resulted in a
lowering of Paragon's maximum permitted rate to a level that produced refund liability. 
The Bureau directed Paragon to propose a refund plan, and to adjust its FCC Form 1200 and
its current rates to reflect these findings.  47 C.F.R.  76.922(b)(4)(C), 76.957.  In addition
to its petition for stay, Paragon has filed a Petition for Reconsideration of the Manhattan
Order.  Paragon argues, in its petition for stay, that it will be irreparably harmed if the
Bureau does not stay the enforcement of the Manhattan Order pending the resolution of
Paragon's petition for reconsideration.   

       2.  In its petition for stay, Paragon asserts that it is likely to prevail on the merits in
its reconsideration petition; that it will be irreparably harmed absent a stay; that others will
not be harmed if a stay is granted; and that the public interest will be served by the grant of
a stay.  Paragon's assertion of irreparable harm is based on the Commission's instruction to
refund some $1 million to subscribers, and to reduce CPS prices prospectively by some 68
cents per subscriber per month, and upon the likelihood that, should Paragon prevail on the
merits of its petition for reconsideration, these funds would be unrecoverable.  Paragon also
notes that if a stay were granted and Paragon did not prevail on reconsideration, refunds
would be paid with accrued interest, at no harm to subscribers.

       3.  No party has opposed Paragon's petition for stay.  We find that Paragon could
suffer irreparable harm if it were required to comply with the requirements of the Manhattan
Order  during the pendency of its petition for reconsideration, since it appears that
expenditures made in such compliance could be unrecoverable.  Because the equities argue
for a stay of enforcement, and there is no harm to subscribers or to any other party from
such a stay, we need not reach the question of the likelihood of Paragon's success on the
merits of the issues it raises on reconsideration.   We will accordingly grant Paragon's
request for stay of the Manhattan Order until such time as Paragon's petition for
reconsideration of that order is resolved.

       4.  Accordingly, IT IS ORDERED, pursuant to Sections 0.321, 1.41, and1.44(e) of
the Commission's rules, 47 C.F.R.  0.321, 1.41, and 1.44(e), that the Petition for Stay of
Enforcement Pending Reconsideration filed by Paragon Cable Manhattan for CUID No.
NY0104 IS GRANTED.

              FEDERAL COMMUNICATIONS COMMISSION



              Meredith J. Jones
              Chief, Cable Services Bureau