FOR FCC RECORD ONLY
$//ORDER Dismissing Appeal and Stay in Natick, MA, DA 94-1249//$
$/76.922 Rates for the basic service tier/$
$/76.923 Rates for equipment and installation/$
$/76.944 Commission Review of Franchising Authority Decisions/$
$/1.45(d)Request for Stay/$

                                Before the 
                     FEDERAL COMMUNICATIONS COMMISSION           DA 94-1249
                          Washington, D.C. 20554

          
                         

In the Matter of:                       )    Natick, MA 0141
                                   )
CONTINENTAL CABLEVISION            )
OF MASSACHUSETTS, INC., d/b/a      )
CONTINENTAL CABLEVISION            )
                                   )
Appeal of a Letter Ruling of the             )
Massachusetts Community Antenna         )
Television Commission                   ) 
                                   )    
Request for Emergency Stay              )    
of a Letter Ruling of the                    )    
Massachusetts Community Antenna         )
Television Commission                   ) 

ORDER
                   

Adopted:  November 9, 1994              Released: November 10, 1994


By the Chief, Cable Services Bureau:


     1.   Continental Cablevision of Massachusetts, Inc., d/b/a Continental Cablevision 
("Continental"), filed on September 2, 1994 an Appeal of an August 4, 1994 letter ruling
from Jill M. Reddish, Acting Commissioner of the Massachusetts Community Antenna
Television Commission ("CATC"), which Continental characterizes as a refund order,
directing Continental to comply with the refund provisions of the CATC's local rate order
("Local Rate Order").  Continental also filed a Request for Emergency Stay of the CATC's
letter ruling regarding Continental's refund liability, pending the resolution of its Appeal, on
August 11, 1994.  The CATC did not submit any pleadings in opposition to either
Continental's Appeal or its Request for Emergency Stay.  For the reasons stated below, both
the Appeal and the Request for Emergency Stay are dismissed.

     2.   The Local Rate Order, issued May 20, 1994, established Continental's rates
for the basic service tier and associated equipment in Natick.  The Local Rate Order also
required Continental to refund to its Natick subscribers any basic tier overcharges since
September 1, 1993.  In its Appeal, Continental does not challenge any portions of the Local
Rate Order.  Rather, Continental challenges certain provisions of the August 4, 1994 letter
ruling, in which the CATC rejected the refund plan which Continental had submitted to the
CATC pursuant to the terms of the Local Rate Order.  The CATC advised Continental that
its refund plan, which proposed to limit the refunds ordered by the CATC, was inconsistent
with the Local Rate Order.  In its letter ruling, the CATC specifically stated, "in the absence
of a stay issued by the [Massachusetts Community Antenna Television] Commission,
Continental is bound to act in compliance with the [Massachusetts Community Antenna
Television] Commission's May 20, 1994 Rate Order for Natick.  This Rate Order states that
Continental should issue . . . refunds to all subscribers in Natick who were charged more
than the maximum permitted rate for the basic service tier."

     3.   Under the Federal Communications Commission's rules, any participant in a
ratemaking proceeding at the franchising authority level may file an appeal of the franchising
authority's rate decision with the Commission within 30 days of the release of the text of the
franchising authority's decision. 
 
     4.   The CATC's August 4, 1994 letter ruling is not a rate decision.  It neither sets
rates for Continental's basic service tier and associated equipment, nor orders Continental to
issue any refunds.  Rather, this letter ruling simply states that Continental is bound to act in compliance with the provisions of the Local Rate Order for the Town of Natick, including
the provision directing Continental to refund any basic tier overcharges since September 1,
1993.  If Continental believed that the CATC acted unreasonably in rendering the Local Rate
Order for the Town of Natick, including the setting of Continental's basic tier and associated
equipment rates and the ordering of refunds of all basic tier overcharges since September 1,
1993, then it should have appealed the Local Rate Order within the time frame established by
the Commission's rules.  If Continental wished to appeal the Local Rate Order, such an
appeal had to be filed no later than June 20, 1994.  Continental's Appeal was received by the
Commission on September 2, 1994, more than 70 days after Continental's deadline for filing
an appeal of the Local Rate Order with the Commission.  The Appeal is therefore dismissed
as untimely filed.

     5.   In light of the dismissal of its Appeal, Continental's Request for Emergency
Stay, pending the resolution of its Appeal, is rendered moot and, therefore, is dismissed.

     6.   Accordingly, IT IS ORDERED that the Appeal of Continental Cablevision of
Massachusetts, Inc., d/b/a Continental Cablevision, dated September 2, 1994 is
DISMISSED.

     7.   IT IS FURTHER ORDERED that the Request for Emergency Stay of
Continental Cablevision of Massachusetts, Inc., d/b/a Continental Cablevision, dated August
11, 1994 is DISMISSED.

     8.   This action is taken by the Chief, 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




          Meredith J. Jones
          Chief, Cable Services Bureau