******************************************************** 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 Re Time Warner Inc. ) ) ) Emergency Request for Stay ) CSR 4998-X Pending Action on Petition for ) Reconsideration ) ORDER Adopted: October 3, 1997 Released: October 6, 1997 By the Chief, Cable Services Bureau: INTRODUCTION 1. Time Warner Inc. (herein "TWI") has filed an Emergency Request for Stay Pending Action on Petition for Reconsideration (herein "Request") requesting a stay of enforcement of Section 76.501(a) of the Commission's rules pending action by the Cable Services Bureau (herein "Bureau") on TWI's Petition for Reconsideration of the Memorandum Opinion and Order (herein "Order"), DA-97-2105, which was released on September 30, 1997. The Request is unopposed. BACKGROUND AND ARGUMENTS 2. The Bureau's Order denied TWI's Petition for Special Relief seeking a permanent waiver of the broadcast/cable television cross-ownership rule with respect to TWI's ownership of a cable television system serving communities in the Atlanta, Georgia metropolitan area and its control of WTBS(TV), Atlanta, GA. In connection with TWI's merger with Turner Broadcasting System, Inc., through which TWI acquired control of WTBS(TV), the Commission granted TWI a twelve month temporary waiver of the cross-ownership rule to expire on October 9, 1997. 3. TWI requests that the Bureau stay enforcement of Section 76.501(a) when TWI's temporary waiver expires on October 9, 1997 until after the Bureau reviews and decides a petition for reconsideration of the Order, which TWI intends to file as soon as possible. TWI filed the Request pursuant to Sections 1.41 and 1.44(e) of the Commission's rules and contends that it meets a four factor test for determination of whether a party is entitled to a stay pending review. In particular, TWI contends that it will suffer a significant financial loss if it is compelled to sell the cable system by the October 9, 1997 deadline and argues that the absence of opposition to its original petition indicates that no other party would be harmed by maintaining the status quo pending review. DISCUSSION 4. Pursuant to Section 1.102(b)(2) of the Commission's rules, the Bureau has discretion to stay the effect of an order pending disposition of a petition for reconsideration. We conclude that it is in the public interest to avoid precipitating a "fire sale" of the cable system in question or depriving the communities involved of cable service until a suitable buyer is found. We will treat TWI's Request under Section 1.102(b)(2) and exercise our discretion to stay enforcement of Section 76.501(a) until the Bureau completes its review of TWI's forthcoming petition for reconsideration, which we expect will be filed expeditiously. ORDERING CLAUSES 5. Accordingly, IT IS ORDERED, that the captioned Emergency Request for Stay Pending Action on Petition for Reconsideration IS GRANTED. 6. This action is taken pursuant to authority delegated by Section 0.321 of the Commission's rules, 47 C.F.R.  0.321 (1996). FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau