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$//ORDER, COMCAST CABLEVISION OF TALLAHASSEE, INC., DA 95-2305/$
$/76.922 Rates for the basic service tier/$
$/76.923 Rates for equipment and installation/$
$/76.944 Commission Review of Franchising Authority Decisions/$            
                                    
                                    
                               Before the
                    FEDERAL COMMUNICATIONS COMMISSION
                         Washington, D.C. 20554

In the Matter of:                    )
                                     )
COMCAST CABLEVISION OF               )       DA 95-2305
 TALLAHASSEE, INC.                   )
                                     )
                                     )
Application for Review of            )
  Memorandum Opinion and Order       )
  of the Cable Services Bureau (DA 95-1561))


                       MEMORANDUM OPINION AND ORDER

Adopted:  November 6, 1995                   Released: November 15, 1995 

By the Chief, Consumer Protection and Competition Division, Cable Services Bureau:

I.   INTRODUCTION

     1.   On September 15, 1995, Comcast Cablevision of Tallahassee, Inc.
("Comcast") filed with the Commission an Application for Review of a Memorandum
Opinion and Order released by the Cable Services Bureau on July 17, 1995.  In addition, an
Application for Review was filed by the City of Tallahassee ("City") on September 15, 1995. 

     2.   On September 21, 1995, the City filed a Motion to Strike Comcast's
Application for Review ("Motion to Strike") based on the fact that the text of the Application
for Review was in excess of the Commission's 25-page limit.  On October 2, 1995,
Comcast filed a Motion to Substitute Application for Review of Memorandum Opinion and
Order ("Motion to Substitute") in which it sought to replace its Application for Review with
a redacted Application for Review ("Redacted Application") which complied with the
Commission's 25-page limit.  The City filed an opposition to Comcasts's Motion to
Substitute on October 4, 1995.   
      
     3.   We will grant Comcast's Motion to Substitute since its Redacted Application
raises no new issues or arguments.  Furthermore, the City will not be prejudiced by the
substitution of Comcast's Redacted Application since its original Application for Review was
timely filed and properly served upon the City.  Finally, the substitution of Comcast's
Redacted Application will not cause any delay in the proceedings in this matter, for the City
has also filed an Application for Review, which the Commission must rule upon.  For the
foregoing reasons, we believe that the public interest in considering Comcast's Application
for Review outweighs its procedural deficiencies.  Accordingly, Comcast's Redacted
Application for Review is hereby accepted nunc pro tunc.  The City's Motion to Strike is
denied.  The City shall have fifteen (15) days from the date of release of this order to file an
opposition to Comcast's redacted Application for Review.    

IV.  ORDERING CLAUSES

     4.   Accordingly, IT IS ORDERED that the Motion to Substitute Application for
Review of Memorandum Opinion and Order filed by Comcast Cablevision of Tallahassee,
Florida is GRANTED. 

     5    IT IS FURTHER ORDERED that the Motion to Strike filed by the City of
Tallahassee, Florida is DENIED. 
     
     6.   This action is taken by the Chief, Consumer Protection and Competition
Division, Cable Services Bureau, pursuant to authority delegated by Section 0.321 of the
Commission's rules.  47 C.F.R.  0.321.
          

                         FEDERAL COMMUNICATIONS COMMISSION




                         Mary Ellen Burns 
                         Chief, Consumer Protection and Competition Division
                         Cable Services Bureau