******************************************************** 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: ) ) HERITAGE CABLEVISION OF ) CUID CA0006 DELAWARE, INC. D/B/A TCI CABLEVISION) File Nos. CSB-A-0453 OF CALIFORNIA ) ) Motion to Withdraw Appeals of Local Rate) Orders Setting Basic Service and Equipment) Rates Issued by the City of Berkeley, CA) ORDER Adopted: April 22, 1999 Released: April 29, 1999 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: 1. On August 14, 1997, Heritage Cablevision of Delaware, Inc. d/b/a/ TCI Cablevision of California ("TCI-C"), filed with the Commission an appeal of a local rate order adopted by the City of Berkeley, California (the "City") on July 16, 1997. TCI-C also filed a Request for Emergency Stay of the local rate order on September 19, 1997. The rate order established new regulated rates for basic cable service and associated equipment. 2. In a Joint Motion to Withdraw Appeals of Local Rate Orders filed on March 31, 1999, TCI-C and the City together ask that the appeal filed on August 14, 1997, and the Request for Emergency Stay and all subsequent filings related to these proceeding be withdrawn and dismissed without benefit of substantive Commission review. 3. Accordingly, IT IS ORDERED that the Joint Motion to Withdraw Appeal of Local Rate Order filed by TCI Cablevision of California and the City of Berkeley, CA IS GRANTED and the Appeal and Request for Emergency Stay filed by TCI-C 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