******************************************************** 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 ) ) Adelphia Cable Communications d/b/a) International Cablevision, Inc. ) CUID No. NY0724 (North Tonawanda) ) ) Withdrawal of Rate Complaint ) ORDER Adopted: September 15, 1997 Released: September 18, 1997 By the Acting Chief, Financial Analysis and Compliance Division, Cable Services Bureau: 1. Here we consider a request to withdraw an FCC Form 329 rate complaint ("complaint"). On March 14, 1995, the Federal Communications Commission ("Commission") received a letter from the City of Tonawanda ("Tonawanda") requesting that the Commission allow Tonawanda to withdraw its complaint against the cable services programming tier ("CPST") rates charged by the above-referenced Operator ("Operator"). We will allow the withdrawal of the complaint, and our review of the resulting rate justifications relating to the above referenced complaint only will be terminated. 2. Our mandate is to protect subscribers of any cable system not subject to effective competition from paying rates higher than those that would be charged if the system were subject to effective competition. While our rules forbid collusive agreements between operators and franchising authorities regarding forbearance from rate regulation, there is no evidence of such an agreement here. We will accordingly allow the withdrawal of this complaint. 3. Accordingly, IT IS ORDERED, that the request to withdraw the FCC Form 329 rate complaints against the CPST rates charged by the Operator in the community referenced above IS GRANTED, and the review of the resulting rate justification filings relating to the above referenced complaint only IS TERMINATED. 4. This action is taken pursuant to delegated authority under Section 0.321 of the Commission's rules, 47 C.F.R.  0.321. FEDERAL COMMUNICATIONS COMMISSION Margaret M. Egler Acting Chief, Financial Analysis and Compliance Division Cable Services Bureau