$//Appeal ORDER, Time Warner Cable, Orange, CA, DA 95-1801//$
$/76.922 Rates for the basic service tier/$
$/76.923 Rates for equipment and installation/$
$/76.944 Commission Review of Franchising Authority Decisions/$

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

                                                                 DA 95-1801

In the Matter of:                    )
                                     )
TIME WARNER CABLE                    )
d/b/a CABLEVISION OF                 )
ORANGE                               )
                                     )  
Motion to Dismiss                    )
Appeal of Local                      )
Rate Order of City of                )
Orange, California                   )

                       MEMORANDUM OPINION AND ORDER

     Adopted:  August 11, 1995                    Released:  August 21, 1995

By the Chief, Cable Services Bureau:

I.   INTRODUCTION

     1.   On January 12, 1995, Time Warner Cable, d/b/a Cablevision of Orange
("Time Warner") filed with the Commission an appeal of a local rate order adopted on
December 13, 1994 by its franchising authority, the City of Orange, California ("the City"). 
On February 1, 1995, the City filed an opposition to which Time Warner filed a reply.  In
its rate order, the City established Time Warner's rates for basic tier service and associated
equipment and required Time Warner to refund overcharges to subscribers.

     2.   On July 20, 1995, Time Warner filed with the Commission a motion to
dismiss its earlier-filed appeal.  In its motion, Time Warner states that all outstanding
differences with the City have been resolved and requests that the Commission dismiss its
appeal.  While the City has filed no formal response, it has indicated orally that it does not
oppose the motion.  Therefore, Time Warner's motion to dismiss is granted.

II.  ORDERING CLAUSE

     3.   Accordingly, IT IS ORDERED THAT Time Warner's motion to dismiss its
appeal of the local rate order issued by the City of Orange, California IS GRANTED.  

     4.   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 (1993).


                         FEDERAL COMMUNICATIONS COMMISSION



                         Meredith J. Jones
                         Chief, Cable Services Bureau