PUBLIC NOTICE
FEDERAL COMMUNICATIONS COMMISSION
1919 M STREET, N.W.
WASHINGTON, D.C. 20554                                           DA 96-1655

News media information 202/418-0500     Fax-On-Demand  202/418-2830     Internet:  http://www.fcc.gov    ftp.fcc.gov


                           CABLE SERVICES ACTION            October 2, 1996


                 TCI CABLEVISION OF OAKLAND COUNTY, INC.
Petition For Declaratory Relief, Preemption and Other Relief Pursuant to 47 U.S.C.
                          541, 544(e) and 253
        "PERMIT BUT DISCLOSE" RULES APPLIED FOR EX PARTE PURPOSES

     In this proceeding, TCI Cablevision of Oakland County, Inc. ("TCI"), a franchised cable
television operator serving the City of Troy, Michigan ("the City"), has petitioned for a
declaration of its rights, as well as preemption of a Telecommunications Ordinance enacted by
the City in 1995, pursuant to Sections 253, 621 and 624 of the Communications Act of 1934, as
amended (the "TCI Petition").  The City and others oppose the TCI Petition and challenge the
Commission's jurisdiction to grant some or all of the requested relief.  

     Under the Commission's rules for ex parte presentation purposes, proceedings are treated
as either non-restricted or restricted.  Pursuant to subsection 1.1206(b)(4) of the rules, 47 C.F.R.
 1.1206(b)(4), a petition for declaratory ruling is a non-restricted proceeding as of the time a
formal opposition to the petition has been filed.  Conversely, the TCI Petition as a whole has
been characterized as a Cable Special Relief proceeding, which is a restricted proceeding under
subsection 1.1208(c)(1)(ii)(D) of our rules.  47 C.F.R.  1.1208(c)(1)(ii)(D).   

     Given the novel and important questions raised by the pleadings, resolution of the issues
in this proceeding could have a significant impact on a large number of persons across the
country.  Also, because the various types of relief requested involve common issues, the parties
have an interest in ensuring that the decisions on these common issues are based upon a record
available to all interested parties.  For these reasons, we find that the public interest would be
served by modifying the ex parte procedures as applied to this matter to permit a broader range
of views and participation on these issues and to provide for a fuller record upon which a final
decision may be made. 

     Therefore, in accordance with Section 1.1200(a) of the Commission's Rules, 47 C.F.R.
 1.1200(a), this proceeding will be treated, for ex parte purposes, as a "non-restricted"
proceeding and subject to the "permit but disclose" requirements under Section 1.1206 of the
Rules, 47 C.F.R.  1.1206.

     Any ex parte presentations that are made subsequent to the release of this notice will be
permissible but must be disclosed in accordance with the requirements of Section 1.1206(a). 47
C.F.R.  1.1206(a).  In addition, letter comments which were received by the Commission prior
to release of this Public Notice but after the close of the comment period in this proceeding will
be placed in the public file and made available for inspection.

Media Contact: Morgan Broman (202) 418-2358. 
Cable Services Bureau Contact: Alexis Johns (202) 418-7038.




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