NEWSReport No. DC 96-19 ACTION IN DOCKET CASE March 5, 1996 FCC DESIGNATES FOR HEARING APPLICATIONS OF LIBERTY CABLE CO., INC. FOR OPERATION OF PRIVATE OPERATIONAL FIXED MICROWAVE SERVICE IN NEW YORK, NY (WT DOCKET NO. 96-41) The FCC has designated for hearing the application of Liberty Cable Co., Inc. (Liberty) to construct and operate private operational fixed microwave service (OFS) facilities in New York, NY. Liberty is a multichannel video programming distributor that delivers video programming services on the 18 GHz frequency band to approximately 30,000 subscribers in 150 buildings located in New York city. Liberty was awarded the first 18 GHz license to provide such service in 1991. Since that time, the Commission has granted Liberty 43 OFS licenses and, they have filed an additional 35 applications for new licenses, 15 of which are subject to this Hearing Designation Order (HDO). All of the captioned applications subject to the HDO involve instances of admitted violations of the Communications Act and FCC Rules. The FCC is designating the applications of Liberty Cable Co., Inc. for hearing on the following issues: þ To determine the facts and circumstances surrounding Liberty's action of interconnecting non-commonly owned buildings and not obtaining a franchising license. þ To determine the facts and circumstances surrounding Liberty's admitted violations of operating certain private operational fixed microwave facilities without first obtaining Commission authorization. þ To determine whether Liberty, in relation to its interconnection of non-commonly owned buildings and its premature operations of facilities, misrepresented facts to the FCC, lacked candor in its dealings with the Commission, or attempted to mislead the Commission. (over) - 2 - þ Finally, to determine if Liberty Cable Co., Inc. possesses the character qualifications to be granted the captioned private operational fixed microwave authorization and whether grant of its applications would service the public interest, convenience and necessity. Action by the Commission March 4, 1996 by Hearing Designation Order and Notice of Opportunity for Hearing (FCC 96-85). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media Contact: Kara Palamaras at (202) 418-0654. Wireless Telecommunications Bureau contact: Joseph Weber at (202) 418-1317.