******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of: ) ) TIME WARNER CABLE ) CUID Nos. NC0314 ) NC0417 Petition for Special Relief to Revoke) the Certification of the Town of ) Wake Forest and Wake County, ) North Carolina to Regulate Basic ) Cable Services Rates ) ORDER Adopted: July 7, 1997 Released: July 9, 1997 By the Chief, Cable Services Bureau: 1. In the captioned proceeding, Time Warner Cable ("Time Warner") has filed a Petition for Special Relief asserting that it faces local exchange carrier ("LEC") effective competition in the Town of Wake Forest and Wake County, North Carolina from Carolina Telephone and Telegraph's ("CT&T") grandfathered video dialtone system. CT&T is a wholly-owned subsidiary of Sprint Corporation ("Sprint"). The Commission gave public notice seeking comment on Time Warner's petition. Sprint filed comments to which Time Warner filed a reply. Pursuant to a request by Commission Staff, Time Warner filed an update on the status of CT&T's video dialtone operations. Thereafter, CT&T notified the Commission that CT&T planned to cease video dialtone operations in Wake Forest and Wake County on May 4, 1997. 2. By order dated April 9, 1997, the Commission granted CT&T's request for an extension of time and notification of termination of its video dialtone trial. The Commission held that CT&T must terminate its video dialtone trial by May 4, 1997, and that CT&T must notify the Commission that it had concluded its video dialtone activities. By letter dated May 23, 1997, Sprint, on behalf of CT&T, notified the Commission of the discontinuance of its video dialtone service in Wake Forest and Wake County. 3. In light of the cessation of CT&T's video dialtone trial in Wake Forest and Wake County, Time Warner's effective competition petition, which is premised upon the existence of CT&T's video dialtone service, is now moot and is hereby dismissed. 4. Accordingly, IT IS ORDERED, that the Petition for Special Relief filed by Time Warner Cable relating to the Town of Wake Forest and Wake County, North Carolina IS DISMISSED. 5. This action is taken by the Chief, Cable Services Bureau, pursuant to the authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau