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                      February 2, 2000
                              
                              
                                                  DA 00-182
                                               CSB-ILR 00-1
                                Released:  February 7, 2000
  Michael E. Katzenstein, Esq.
  Vice President/General Counsel
  OpTel, Inc.
  1111 W. Mockingbird Lane
  Dallas, Texas  75247
  
  Re:     Inside Wiring rules
  
  Dear Mr. Katzenstein:
  
     This is in response to your September 22, 1999 letter to me requesting clarification
  of one aspect of the FCC's cable inside wiring rules.
  
     You write that certain franchised cable operators have attempted to block OpTel's
  access to subscribers in multi-dwelling buildings ("MDUs") by arguing that our rules
  governing the disposition of cable home wiring (i.e., the wiring inside the individual
  subscriber's dwelling unit) do not apply when the incumbent cable operator retains a "legal
  right to remain" in the building.
  
     While it is true that the rules governing the disposition of cable home run wiring
  (i.e., 47 C.F.R. 76.804) do not apply so long as the incumbent has a right to remain, that
  predicate is nowhere present in the rules on cable home wiring (i.e., 47 C.F.R. 76.802). 
  Section 76.802(a) of the Commission's rules provides that "[u]pon voluntary termination of
  cable service by an individual subscriber in a multiple-unit installation, a cable operator
  shall not be entitled to remove the cable home wiring unless it gives the subscriber the
  opportunity to purchase the wiring at the replacement cost and the subscriber declines." 
  Thus, in order to invoke the disposition procedures for cable home wiring, the individual
  subscriber need only terminate the incumbent's services; it is entirely irrelevant that the
  operator may retain a legal right to retain wiring in the building for the purpose of serving
  other tenants.
    
     We think that this reading of the rules is clear based on the plain language of section
  76.802(a)(2) and therefore agree with you that the cable home wiring rules apply whether or
  not the cable operator has a right to remain on the MDU premises.
  
   Thank you for your inquiry.
  
  
                                        Sincerely,
  
  
  
  
  
                                        Deborah A. Lathen, Chief
                                        Cable Services Bureau