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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554

In the Matter of                )
                                )
Ameritech New Media, Inc.       )
                                )
     v.                         )       CSR-5273-P
                                )
MediaOne, Inc.                  )
Time Warner Cable               )
                                )
Joint Stipulations of Dismissal )
                                 

                  MEMORANDUM OPINION AND ORDER

   Adopted:  September 2, 1998          Released:  September 8, 1998  

By the Chief, Cable Services Bureau:

     1.   Ameritech New Media, Inc. ("Ameritech") filed a program access complaint against
MediaOne, Inc. ("MediaOne") and Time Warner Cable ("Time Warner") alleging that both parties have
violated Section 628(b) of the Communications Act and Section 76.1001 of the Commission's rules by entering
into exclusivity agreements whereby Time Warner and MediaOne would obtain exclusive rights to carry
Classic Sports Network ("CSN") in various communities located in Illinois and Michigan.  The markets in
which Ameritech competes with MediaOne include the communities of Canton Township, Plymouth, Plymouth
Township, Northville, Northville Township, Madison Heights, Roseville, Westland, and Hazel Park, Michigan. 
The markets in which Ameritech competes with Time Warner include Glendale Heights, Illinois and Wayne,
Michigan (collectively the "Affected Communities").  MediaOne filed an Answer and related procedural
pleadings in this matter.  Time Warner filed a Motion to Dismiss on the grounds that Time Warner expressly
waived its rights to exclusivity in Glendale Heights, Illinois and Wayne, Michigan.

     2.   Ameritech and Time Warner filed a Joint Stipulation of Dismissal in this proceeding on August
5, 1998.  Ameritech and MediaOne filed a Joint Stipulation of Dismissal on August 20, 1998.  In their Joint
Stipulation of Dismissal, Ameritech and Time Warner make reference to a letter dated July 2, 1998, one day
after the Complaint was filed, from Time Warner to Ameritech whereby Time Warner waived its exclusivity
rights with respect to CSN in the Affected Communities.  In light of that letter, the parties now jointly stipulate
that the issues raised by Ameritech in its Complaint against Time Warner as they applied to those communities
have been resolved.  Similarly, in their Joint Stipulation of Dismissal, Ameritech and MediaOne make reference
to a letter dated August 19, 1998 from MediaOne to Ameritech whereby MediaOne waived its exclusivity
rights with respect to CSN in the Affected Communities.  Ameritech and MediaOne now also jointly stipulate
that the issues raised by Ameritech's Complaint relating to the Affected Communities have now been resolved. 
 

     3.   Accordingly, the parties request that Ameritech's Complaint as it relates to Time Warner and
MediaOne be dismissed with prejudice.  All parties further stipulate that such dismissal is without prejudice
to Ameritech's right to file a program access complaint in the future against Time Warner or MediaOne in the
event that it seeks to assert a right of exclusivity with regard to CSN in communities other than the Affected
Communities or with regard to any other cable programming in any community in which Ameritech has a
franchise to provide cable service.   Furthermore, all parties stipulate that the waivers of Time Warner and
MediaOne do not in any way relinquish any contractual rights that they may have regarding exclusivity other
than with respect to CSN in the Affected Communities and is without prejudice to the rights of any unrelated
successor-owners of the Time Warner or MediaOne cable systems pursuant to their distribution agreements
in those communities.

     4.   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.

     5.   We thus find that it is in the public interest to terminate this proceeding as it relates to Time
Warner and MediaOne pursuant to the Joint Stipulations of Dismissal submitted by the parties.  We also find
that the Ameritech and Time Warner Joint Stipulation of Dismissal renders Time Warner's Motion to Dismiss
moot.

     6.   Accordingly, IT IS ORDERED that the Complaint of Ameritech New Media, Inc. against
Time Warner Cable and MediaOne, Inc. IS DISMISSED WITH PREJUDICE.  

     7.   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



                         Deborah A. Lathen
                         Chief, Cable Services Bureau