******************************************************** 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: ) ) MARCUS CABLE ASSOCIATES, L. P. ) File No. CSB-A-0595 ) Appeal of Local Rate Order ) of the City of Middlebury, Connecticut, et al. ) ORDER Adopted: September 14, 1999 Released: September 17, 1999 By the Deputy Chief, Cable Services Bureau: 1. Marcus Cable Associates, L. P. ("Marcus"), operator of cable television systems in Middlebury, Plymouth, Prospect, Waterbury, and Wolcott, Connecticut, filed a Petition for Review of a decision of the Connecticut Department of Public Utility Control ("CDPUC") dated September 2, 1998, to reopen Docket No. 97-02-17 in which the CDPUC reviewed certain cable service rate Forms 1205 and 1240 filed by Marcus. The CDPUC reopened the docket for the purpose of considering facts brought to light in another docket concerning local rate forms previously filed by Marcus. The CDPUC filed an opposition to the petition, and Marcus filed a reply. 2. Marcus stated that the instant petition was filed out of an abundance of caution and to preserve its rights, and concedes that the petition may be premature because the CDPUC has not yet prescribed new rates or imposed refund obligations in the course of the re-opened rate proceeding. The CDPUC stated in opposition that it would not consider a subsequent appeal from any new rate order in the re-opened proceeding untimely, and that therefore an immediate ruling on the pending petition does not appear necessary. Marcus stated in reply that it does not object to the current petition being dismissed without prejudice, provided that it is entitled to raise all legal and substantive issues within 30 days of the final rate decision of the CDPUC in the re-opened Docket No. 07-02-17. 3. Accordingly, IT IS HEREBY ORDERED, pursuant to authority delegated by Section 0.321 of the Commission's rules, that the Petition for Review of the decision of the Connecticut Department of Public Utility Control dated September 2, 1998, to reopen Docket No. 97-02-17 filed by Marcus Cable Associates, L.P. on October 2, 1998, IS DISMISSED WITHOUT PREJUDICE. FEDERAL COMMUNICATIONS COMMISSION William H. Johnson, Deputy Chief Cable Services Bureau