NOTICE


    *********************************************************    

       

                         NOTICE


   *********************************************************


This document was originally prepared in Word Perfect.  

If the original document contained--

                    *  Footnotes
                    *  Boldface & Italics

--this information  is missing in this version

The document format (spacing, margins, tabs, etc.) is changed
too.

If you need the complete document, download the Word Perfect
version.

For information about downloading documents (FTP) see file
 how2ftp.

File  how2ftp (.txt & .wp) is in directory
\pub\Public_Notices\Miscellaneous.

*****************************************************************
********
$//DISMISSAL ORDER of Appeal in Fruitport, MI, DA 95-2011//$
$/76.922 Rates for the basic tier/$
$/76.944 Commission Review of Franchising Authority Decision/$
                                    
                                    
                               Before the
                    FEDERAL COMMUNICATIONS COMMISSION
                         Washington, D.C. 20554


                                        DA 95-2011
                              
In the Matter of:                  )
                              )
TCI Cablevision of Greater              )
Michigan, Inc.                )
                              )    
Notice of Withdrawal of Appeal of  )    
Order Setting Basic Service and         )         
Equipment Rates the Charter        )
Township of Fruitport, Michigan         )



                              ORDER


Adopted: September  20, 1995            Released:  September 27, 1995

By the Chief, Cable Services Bureau:

     1.   On August 3, 1995, TCI Cablevision of Greater Michigan, Inc. ("TCI-GM"),
the operator of a cable television system serving the Charter Township of Fruitport,
Michigan ("Township"), filed with the Commission an appeal of a local rate order adopted
by the City on July 10, 1995.  The rate order established TCI-GM's rates for basic cable
service, equipment, installations and hourly service charges pursuant to the Cable Television
Consumer Protection and Competition Act of 1992.  
     
     2.   On August 25, 1995, TCI-GM filed with the Commission a notice of
withdrawal of its earlier-filed appeal.  TCI-GM states that it disagrees with certain aspects of
the local rate order but noted that a TCI-GM employee had represented that TCI-GM would
not appeal the local rate order given the de minimis nature of the refunds involved.  TCI-GM
also states that this fact was overlooked when the appeal was filed.  No opposition to the
notice of withdrawal has been filed.  Therefore, TCI-GM's notice of withdrawal of its appeal
is granted.   

     




     3.   Accordingly, IT IS ORDERED THAT TCI-GM's notice of withdrawal of its
appeal of the rate order issued by the Charter Township of Fruitport, Michigan, IS
GRANTED, and the appeal IS DISMISSED.  

     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