******************************************************** 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: ) ) TCI TKR of the METROPLEX, INC. ) CUID TX0652 ) File Nos. CSB-A-0505 & 0588 Motion to Withdraw Appeal of Local Rate) Order Setting Basic Service and Equipment) Rates Issued by the City of DeSoto, Texas) ORDER Adopted: January 11, 1999 Released: January 13, 1999 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: 1. TCI TKR of the Metroplex, Inc. ("TCI-M") filed with the Commission on February 18, 1998 and August 20, 1998 appeals of two local rate orders. The two rate orders on appeal are Ordinance No. 1241- 98 adopted on January 20, 1998 and Ordinance No. 1263-98 adopted on July 21, 1998, respectively, by the City of DeSoto, TX (the "City"). TCI-M also filed with each appeal a request for emergency stay of the local rate orders on March 11, 1998 and September 28, 1998 respectively. In the local rate orders, the City established new regulated rates for basic cable service and associated equipment provided by TCI-M. Specifically the City's rate orders required TCI-M to implement certain rate reductions and issue refunds to subscribers. 2. In a Joint Motion to Withdraw Appeal of Local Rate Orders filed December 30, 1998, TCI- M and the City together ask that the February 18, 1998 and August 20, 1998 appeals, as well as the related Request for Emergency Stays filed in connection with each appeal, and all subsequently filed pleadings related to these proceedings be withdrawn and dismissed without benefit of substantive Commission review. 3. Accordingly, IT IS ORDERED that the Joint Motion to Withdraw Appeals of Local Rate Orders filed by TCI TKR of the Metroplex, Inc. and the City of DeSoto, Texas IS GRANTED and the appeals and emergency stay requests filed by TCI-M ARE DISMISSED. 4. 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 Commissions rules. 47 C.F.R.  0.321. FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein Chief, Consumer Protection and Competition Division Cable Services Bureau