PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 News media information 202/418-0500 Recorded listing of releases and texts 202/632-0002. CABLE SERVICES BUREAU GRANTS CONTINENTAL CABLEVISION MOTION TO DISMISS PETITION FOR SPECIAL RELIEF File No. CSR-4482-R, Code CA0808 April 14, 1995 The Cable Services Bureau (the "Bureau") released an Order (In the Matter of American Cable Systems of California, Inc., DA 95-822 (Cab. Serv. Bur., April 14, 1995)), granting a motion filed by American Cablesystems of California, Inc. d/b/a/ Continental Cablevision ("Continental") requesting dismissal of a Petition for Special Relief filed on February 7, 1995. Continental filed its petition following the Bureau's decision in In the Matter of Tel-Com, Inc. (Mingo County, WV), DA 95-85 (Cab. Serv. Bur., rel. January 20, 1995). Continental's petition, in relevant part, sought a finding that Continental's rates for the cable programming service tier are constrained to a reasonable level due to the presence of another multichannel video programming distributor, namely Direct Broadcast Satellite, in its franchise area. Continental operates a cable system in Los Angeles, CA serving a franchise area designated as "Los Angeles Franchise Area I." According to Continental, Direct Broadcast Satellite is both technically and actually available in its franchise area and, as a result, Continental's rates for its cable programming service tier are constrained to a reasonable level. Continental asked the Commission to exempt its cable programming service tier rates in Los Angeles Franchise Area I from rate regulation due to this circumstance. At the time Continental filed its Motion to Dismiss, only the National Association of Telecommunications Officers and Advisors (NATOA) had filed comments opposing Continental's petition. However, in response to a motion filed by DirecTV, the Bureau ordered the time for interested parties to file comments on Continental's petition extended to April 21, 1995. The Bureau also ordered that reply comments would be due by May 1, 1995. In addition, the Bureau recently requested additional information from Continental regarding its claims. (over) - 2 - Since Continental's Petition for Special Relief was filed, the Commission has placed for public comment a proposed "Social Contract" (See Public Notice, "Social Contract for Continental Cablevision, Inc. Available For Comment," FCC 95-137 (April 3, 1995)) that would govern Continental's rates for cable programming service tiers. In its Motion to Dismiss, Continental states that in light of the proposed Social Contract, it "no longer wishes to pursue its Petition at the present time." The Bureau granted Continental's motion and dismissed its Petition for Special Relief without prejudice. For further information, contact Lisa M. Higginbotham of the Cable Services Bureau's Consumer Protection and Competition Division or Tom Power of the Cable Services Bureau's Policy and Rules Division at (202) 416-0800. --FCC--