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$//Time Warner Cable of New York City, Order, DA 95-980//$
$47 C.F.R. 1.41, 1.44(e), Petition for Stay of Action/$ 
$/Part 76 Subpart N, Cable Rate Regulation/$
FOR RECORD ONLY

                                Before the
                     Federal Communications Commission
                          Washington, D.C. 20554

        DA 95-980

In the Matter of     )
              )
Time Warner Cable of New York City  )      CUID Nos. 
and Queens Inner Unity Cable Systems)      NY1280, NY1281, NY1340, NY1402 
              )      
Petition for Stay of Bureau Action  )      Brooklyn and Queens, NY 
in Benchmark Rate Order DA 95-429   )      

                                   ORDER

              Adopted:  April 28, 1995     Released:  May 1, 1995

By the Chief, Cable Services Bureau:

       1.  On April 6, 1995, Time Warner Cable of New York City and Queens Inner Unity
Cable Systems (Time Warner) filed with the Commission a Petition for Stay of Enforcement
Pending Reconsideration.  The Cable Services Bureau (Bureau) released, on March 7, 1995,
an order finding several errors in Time Warner's rate justification filing on FCC Form 393,
and made adjustments that resulted in a lowering of Time Warner's maximum permitted rate
to a level that produced refund liability.  The Bureau directed Time Warner 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, Time Warner has
filed a Petition for Reconsideration of the New York Order.  Time Warner argues, in its
petition for stay, that it will be irreparably harmed if the Bureau does not stay the
enforcement of the New York Order pending the resolution of Time Warner's petition for
reconsideration.   

       2.  In its petition for stay, Time Warner 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.  Time Warner's assertion of irreparable harm is based on the
Commission's instruction to reduce CPS prices prospectively by some 66 cents per subscriber
per month, and upon the likelihood that, should Time Warner prevail on the merits of its
petition for reconsideration, these funds would be unrecoverable.  Time Warner also notes
that if a stay were granted and Time Warner did not prevail on reconsideration, refunds
would be paid with accrued interest, at no harm to subscribers.

       3.  No party has opposed Time Warner's petition for stay.  We find that Time
Warner could suffer irreparable harm if it were required to comply with the requirements of
the New York 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 Time Warner's success
on the merits of the issues it raises on reconsideration.   We will accordingly grant Time
Warner's request for stay of the New York Order until such time as Time Warner'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 Time Warner Cable of New York City and
Queens Inner Unity Cable Systems for CUID Nos. NY1280, NY1281, NY1340, and
NY1402 IS GRANTED.

              FEDERAL COMMUNICATIONS COMMISSION



              Meredith J. Jones
              Chief, Cable Services Bureau