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$//DISMISSAL ORDER of Appeal in Santa Rosa, CA, DA 95-2445//
$/76.922 Rates for the basic tier/$
$/76.944 Commission Review of Franchising Authority Decision/$
                                     

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


                                        DA 96-34
                              
In the Matter of:                  )
                              )
TRIAX SOUTHEAST               )
ASSOCIATES, L.P.              )
                              )    
Notice of Withdrawal of Appeal of  )    
Order Setting Basic Service and         )         
Equipment Rates by Pitt County,         )
North Carolina                )


                              ORDER


Adopted: January 18 , 1995              Released:  January  31, 1995

By the Chief, Consumer Protection and Competition Division:

     1.   On August 16, 1995, Triax Southeast Associates, L.P. of Pitt County, North
Carolina ("Triax"), the operator of a cable television system serving the County of Pitt,
North Carolina (the "County"), filed with the Commission an appeal of a local rate order
adopted by the County on July 17, 1995.  The rate order established Triax'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 September 5, 1995, the County filed an opposition to the appeal.  On
September 12, 1995, Triax filed a response to the opposition of the County.  On November
13, 1995, Triax filed with the Commission a notice of withdrawal of its earlier-filed appeal.  
No opposition to the notice of withdrawal has been filed by the County.  Therefore, Triax's
notice of withdrawal of its appeal is granted.

     3.   Accordingly, IT IS ORDERED THAT Triax's notice of withdrawal of its
appeal of the rate order issued by the County of Pitt, North Carolina 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



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