******************************************************** 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 OPTEL, INC. ) ) v. ) CSR 4858-P ) AMERICAN CABLESYSTEMS OF ) CALIFORNIA, INC., D/B/A ) CONTINENTAL CABLEVISION, INC. ) ) Joint Stipulation of Dismissal ) ORDER Adopted: March 4, 1997 Released: March 6, 1997 By the Chief, Cable Services Bureau: 1. OpTel, Inc. ("OpTel") filed a Complaint against American Cablesystems of California, Inc., d/b/a Continental Cablevision, Inc. ("Continental"), alleging that Continental had denied OpTel access to Prime Ticket Networks, L.P. ("Prime Ticket") programming services pursuant to an exclusivity agreement that was not grandfathered pursuant to 47 U.S.C.  548(h) and 47 C.F.R.  76.1002(e). In the alternative, OpTel claimed that Continental unreasonably refused to sell programming to OpTel in violation of 47 U.S.C.  548(c)(2)(B). Continental filed an Answer and OpTel filed a Reply. 2. Optel and Continental, through their attorneys, have filed a request for dismissal, fashioned as a Joint Stipulation of Dismissal ("Joint Stipulation"), in which they request that we dismiss OpTel's Complaint with prejudice and without costs. According to the parties, on January 31, 1997, Continental waived its exclusive right to Prime Ticket's programming with respect to all other multichannel video programming distributors, including, but not limited to, OpTel. 3. The Commission encourages resolution of program access disputes through negotiations between the parties in an effort to avoid time-consuming, complex adjudication. Such a policy favoring private settlement and alternative dispute resolution conserves Commission resources and is thus in the public interest. 4. We thus find that it is in the public interest to terminate this proceeding pursuant to the Joint Stipulation submitted by the parties. 5. Accordingly, IT IS ORDERED that the Complaint of OpTel, Inc. against American Cablesystems of California, Inc., d/b/a Continental Cablevision, Inc., IS DISMISSED WITH PREJUDICE. This action is taken by the Chief, Cable Services Bureau, pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau