******************************************************** 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 TCI Cablevision of Dallas, Inc. ) CUID TX0682 ) Motion to Withdraw Appeals of Local Rate) File Nos. CSB-A-0326 Orders Setting Basic Service and Equipment) CSB-A-0461 Rates Issued by the City of Mesquite, Texas) CSB-A-0559 ) CSB-A-0560 ORDER Adopted: August 6, 1999 Released: August 9, 1999 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: 1. TCI Cablevision of Dallas, Inc. ("TCI-D) filed with the Commission on July 2, 1996, October 14, 1997, and July 1, 1998 appeals of four local rate orders ("the Orders"). The four rate orders on appeal are Ordinance Nos. 3224 and 3225 both adopted on June 1, 1998, Ordinance No. 3168 adopted on September 15, 1997, and Ordinance No. 3094 adopted on June 3, 1996 by the City of Mesquite, Texas ("the City"). TCI-D also filed Requests for Emergency Stay of each of the local rate orders. The City's rate orders required TCI-D to reduce the rates charged for certain equipment and installation. 2. In a Joint Motion to Withdraw Appeals of Local Rate Orders filed on July 26, 1999, TCI-D and the City together ask that the four appeals filed on July 1, 1998, October 14, 1997, and July 2, 1996, as well as the related Request for Emergency Stays filed in connection with each appeal, and all subsequently filed pleadings related to these proceeding be withdrawn and dismissed without benefit of substantive Commission review. 3.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 Appeals of Local Rate Orders filed by TCI Cablevision of Dallas, Inc. and the City of Mesquite, Texas IS GRANTED and the appeals and emergency stay requests filed by TCI-D 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