******************************************************** 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 Washington, Inc.) File Nos. CSB-A-0260 TCI Cablevision of Auburn, Inc. ) CSB-A-0345 TCI Cablevision of Tacoma, Inc. ) CSB-A-0457 ) Motion to Withdraw Appeals of Local Rate) CUID Nos. Booney Lake (WA0308, WA 0552) Orders Setting Equipment and Installation Rates) Carbonado (WA0423) Issued by the Rainier Communications ) Dupont (WA0403) Commission ) Fircest (WA0041) ) Milton (WA0043) ) Orting (WA0060) ) Pierce County (WA0062, WA0180, WA0420 ) Puyallup (WA0049) ) Ruston (WA0306) ) Steilacoom (WA0245) ) Sumner (WA0050) ) University Place (WA0573) ) Wilkeson (WA0383) ORDER Adopted: September 1, 1999 Released: September 7, 1999 By the Chief, Consumer Protection and Competition Division, Cable Services Bureau: 1. TCI Cablevision of Washington, Inc., TCI of Auburn, Inc. and TCI of Tacoma Inc. (collectively "TCI-W") filed with the Commission on August 16, 1996 and September 17, 1997 appeals of local rate orders ("Orders") for the above-referenced communities. The two orders on appeal are Resolutions Nos. 00039, 00040, 00041, 00042 and 00043 all adopted on July 17, 1996, and Resolution No. 00055 adopted on August 20, 1997 respectively by the Rainier Communications Commission ("RCC"). TCI-W had also filed a Petition for Reconsideration on March 9, 1998 of Memorandum Opinion and Order, DA 98-208, released February 5, 1998 by the Cable Services Bureau ("Bureau") denying its appeal of Resolution Nos. 00034, 00035, and 00036 adopted by the RCC on July 19, 1995. TCI-W also filed Requests for Emergency Stay of Resolution Nos. 39-43 and 55. The local rate orders established new regulated rates for equipment and installation and required TCI-W to implement certain rate reductions and issue refunds to subscribers. 2. On July 27, 1999, TCI Cablevision of Washington, Inc., TCI of Auburn, Inc. and TCI of Tacoma Inc. and the Rainier Communications Commission jointly moved to terminate Commission review of the local rate orders. TCI-W and the RCC together ask that the Appeals, Petition for Reconsideration, as well as the related Requests for Emergency Stay filed in connection with the appeals, 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 Cablevision of Washington, Inc., TCI of Auburn Inc., and TCI of Tacoma, Inc and the Rainier Communications Commission IS GRANTED and the appeals, petition for reconsideration and requests for emergency stay filed by TCI-W ARE DISMISSED. 4. This action is taken 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