******************************************************** 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 CABLEVISION OF CALIFORNIA, INC.) File No. CSB-A-0612 ) CUID No. CA0208 Motion to Withdraw Appeal of Local Rate) Order Setting Basic Service Rates Issued) by the City of Sunnyvale, California) ORDER Adopted: May 21, 1999 Released: May 27, 1999 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: 1. On February 24, 1999, TCI Cablevision of California, Inc. ("TCI-C"), filed with the Commission an appeal of a local rate order adopted by the City of Sunnyvale, California ("City") on January 26, 1999. TCI-C also filed a Request for Emergency Stay of the local rate order on February 25, 1999. In the local rate order, the City established new regulated rates for basic cable service provided by the company. The local order required TCI-C to implement certain rate reductions proposed on the Form 1240. 2. In a Joint Motion to Withdraw Appeal of Local Rate Order filed on April 29, 1999, TCI-C and the City together ask that the appeal filed on February 24, 1999 and the Request for Emergency Stay and all subsequently filed pleadings related to these proceeding be 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 Sunnyvale, 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 Commission's rules. 47 C.F.R.  0.321. FEDERAL COMMUNICATIONS COMMISSION Deborah E. Klein Chief, Consumer Protection and Competition Division Cable Services Bureau