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$/ FOR FCC RECORD ONLY /$

$// Order, Cable Act of 1992, DA 95-822//$
$/ 300.623 Regulation of Rates /$
$/ 1.106 Petitions for Reconsideration /$
$/ 76.906 Presumption of no effective competition /$
$/ 76.910 Franchising authority certification /$
$/ 76.911 Petition for reconsideration of certification /$



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

In the Matter of:                  )                                 DA 95-822
                              )
AMERICAN CABLE SYSTEMS OF     )    File No. CSR-4482-R
CALIFORNIA, INC. d/b/a/       )            CA0808
CONTINENTAL CABLEVISION       )
                              )
Petition for Special Relief             )
                              )
Motion to Dismiss                  )

                                   ORDER

Adopted:  April 13, 1995      ;   Released:  April 14, 1995

By the Chief, Cable Services Bureau:

     1.   We have before us a Motion filed by American Cable Systems of California,
Inc. d/b/a/ Continental Cablevision ("Continental") requesting dismissal of a Petition for
Special Relief filed on February 7, 1995.  Continental filed its petition following the Cable
Services Bureau's ("Bureau") decision in In the Matter of Tel-Com, Inc. (Mingo County,
WV), DA 95-85 (Cab. Serv. Bur., released January 20, 1995).  In that decision, the Bureau
stated that:

     in the case of cable programming service tiers ("CPSTs") there may be
     circumstances where a cable system, although not subject to effective
     competition as defined in the 1992 Cable Act, may be charging cable rates that
     are constrained by the presence of one or more other multichannel video
     programming distributors ("MVPD") in the franchise area.  In such situations,
     the presence of one or more such MVPDs may ensure that the rates the
     operator charges subscribers for CPSTs are not "unreasonable."  In such
     instances, the public interest may be served by relying on the market forces
     instead of our rate rules to ensure that the operator's rates are not
     "unreasonable."

In its petition, Continental seeks to show that its CPST rates in Los Angeles Franchise Area I
are constrained to a reasonable level due to the presence of direct broadcast satellite (DBS)
service, and that its CPST rates in the franchise area should therefore be exempted from rate
regulation.  

     2.    At the time Continental filed its motion to dismiss, only the National
Association of Telecommunications Officers and Advisers (NATOA) had filed comments
opposing Continental's petition.  However, in response to a motion filed by DirecTV for an
extension of time to respond to Continental's petition, the Bureau ordered the time for
interested parties to respond to the petition extended to April 21, 1995.  The Bureau also
ordered that reply comments would be due on May 1, 1995.    In addition, the Bureau, by
letter dated March 24, 1995, requested additional information from Continental regarding its
claims.

     3.   Since Continental's Petition for Special Relief was filed, the Commission has
placed for public comment a proposed "Social Contract" that would govern Continental's
rates for CPSTs.  In its motion, Continental states that, in light of the proposed Social
Contract, it "no longer wishes to pursue its Petition at the present time."  Accordingly, it
asks that we dismiss its Petition for Special Relief without prejudice pursuant to Section
76.8(a) of the Commission's Rules.   Continental states that its motion has been served on
counsel for both DirecTV and NATOA.  We grant Continental's motion.

     4.   Accordingly, IT IS ORDERED that the Motion to Dismiss filed by American
Cable Systems of California, Inc. d/b/a/ Continental Cablevision IS GRANTED.

     5.   IT IS FURTHER ORDERED that the Petition for Special Relief filed by
American Cable Systems of California, Inc. d/b/a/ Continental Cablevision IS DISMISSED
WITHOUT PREJUDICE pursuant to Section 76.8(a) of the Commission's Rules, as
amended, 47 C.F.R.  76.8(a).

     6.   This action is taken under delegated authority pursuant to Section 0.321 of the
Commission's Rules, as amended, 47 C.F.R.  0.321.

                         FEDERAL COMMUNICATIONS COMMISSION




                         Meredith J. Jones
                         Chief, Cable Services Bureau