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For FCC RECORD ONLY
$//Cablevision of New York et al. Order, DA 95-1382//$
$/47 C.F.R. 1.43, Stay of Action/$
$/47 C.F.R. Part 76 Subpart N, Regulation of Cable Rates/$


                                Before the
                     FEDERAL COMMUNICATIONS COMMISSION
                          Washington, D.C. 20554
        
        DA 95-1382

In the Matter Of              )    Cablevision of New York  
                         )      Brooklyn, Bronx        DA 95-1000
Petitions for Stay of Action  )    
Pending Resolution of         )    Cablevision/V Cable      
Applications for Review or         )      Solon, OH         DA 95-984    
Petitions for Reconsideration )      
                         )    Media General Cable of Fredericksburg
                         )      Fredericksburg, Stafford    DA 95-1185
                         )
                         )    SBC Media Ventures, Inc.
                         )      Arlington, VA          DA 95-959
                         )
                         )    Warner Cable Communications
                         )      Milwaukee, WI          DA 94-1285


                                   ORDER

               Adopted:  June  16, 1995      Released:  June  23, 1995  

By the Chief, Cable Services Bureau:

     1.   Each of the parties noted above ("Operator" or, together, "Operators") has filed
with this Bureau a motion, petition, or request for stay of the Bureau's action in ordering
refunds, modification of FCC Form 1200, and reduction in current rates, pursuant to a 
finding by the Bureau that the Operator was charging a price for cable services programming
(CPS) that was in excess of its maximum permitted rate, for the review period of September
1, 1993 to May 14, 1994.  Attachment A shows each party, the citation to the relevant
Bureau order, and the filing dates of the stay requests.

     2.  On several recent occasions, under similar circumstances, this Bureau has granted
an emergency request for stay of action.  In each case, we found that the Operator could
suffer irreparable harm if it were required to comply with the requirements of the Bureau's
refund order during the pendency of its petition for reconsideration or application for review,
since it appears that expenditures made in such compliance could be unrecoverable.  We also
noted that any refunds and adjustments would be due from the release date of the refund
order, regardless of any stay of effectiveness, and would include interest amounts, so that no
party would be harmed by such a stay.  Because the equities justify granting a stay of the
order's refund and rate reduction provisions, and there is no harm to subscribers or to any
other party from such a stay, we found we did not need to reach the question of the
likelihood of the operator's success on the merits of the issues it raises on reconsideration or
application for review.   

     3.  We find that each of the requests before us is substantially similar to the requests
noted above, which we granted.  We accordingly grant the above-noted requests for stay of
action pending resolution of Operators' petitions for reconsideration or application for
review. 

     4.  Accordingly, IT IS ORDERED, pursuant to Sections 0.321 and 1.43 of the
Commission's rules, 47 C.F.R.  0.321, 1.43, that the requests for stay of action pending
resolution of petitions for reconsideration or applications for review filed by the parties noted
above ARE GRANTED.

  
                         FEDERAL COMMUNICATIONS COMMISSION



                         Meredith J. Jones
                         Chief, Cable Services Bureau    
                               Attachment A

Request for Stay Filed by       Refund Order date request filed  
                    

Cablevision of New York  DA 95-1000     6/5/95

Cablevision/V Cable      DA 95-984      6/5/95

Media General Cable of Fredericksburg   6/8/95
                    DA 95-1185
                    
SBC Media Ventures, Inc. DA 95-959 5/22/95
                    
Warner Cable Communications     12/19/94
                    DA 94-1285