December 2, 1999 Magalie Roman Salas Secretary Federal Communications Commission The Portals 445 12th Street, S.W. Washington, D.C. 20554 Re: Ex Parte Submission MM Docket No. 92-264 CS Docket No. 99-251 Dear Ms. Salas: Pursuant to Paragraph 76 of the Commission's Memorandum Opinion and Order on Reconsideration, MM Docket No. 92-264, FCC 98-138 (released June 26, 1998), Tele-Communications, Inc. ("TCI") hereby notifies the Commission that on December 3, 1999, TCI anticipates it will enter into a transaction with Century Communications Corporation ("Century") whereby affiliates of TCI and affiliates of Century will contribute cable system assets to a joint venture formed between the parties. Based on available data, and assuming the most conservative interpretation of the Commission's current attribution rules, TCI estimates that prior to the transaction it had approximately 33,194,000 cable homes passed and after the transaction it will have approximately 34,120,000 cable homes passed. In addition, TCI notes that on November 24, 1999 AT&T Corp. ("AT&T") filed an ex parte letter with the Commission in CS Docket No. 99-251 that documents AT&T's approximate percentage of MVPD subscribers nationwide both before and after consummation of its proposed merger with MediaOne ("Ex Parte Letter"). The Century transaction described above will add approximately 520,000 subscribers to AT&T's current subscribers and will affect the subscriber numbers and percentages reported in the Ex Parte Letter.1 First, after the Century transaction is completed, AT&T will be attributed with approximately 21,143,000 MVPD subscribers, and its percentage of total MVPD subscribers will be approximately 26% (i.e., 21,143,000 ( 81,400,000).2 Second, taking into account the four pending transactions described in the Ms. Magalie Roman Salas December 2, 1999 Page 2 Ex Parte Letter (three of which will be completed prior to the closing of the MediaOne merger, and one soon thereafter),3 AT&T will be attributed with approximately 17,515,000 MVPD subscribers, and its percentage of total MVPD subscribers will be approximately 21.5% (i.e., 17,515,000 ( 81,400,000). Third, after the proposed merger with MediaOne is completed, AT&T will be attributed with approximately 22,515,000 MVPD subscribers, and its percentage of total MVPD subscribers will be approximately 27.7% (i.e., 22,515,000 ( 81,400,000).4 In order to assist parties who wish to comment on AT&T's Ex Parte Letter pursuant to the Commission's November 30, 1999 Public Notice,5 AT&T is simultaneously filing this letter in CS Docket No. 99-251. An original and four (4) copies of this letter and attachment are submitted herewith in accordance with Section 1.1206(b) of the Commission's rules. Sincerely, Douglas G. Garrett Senior Regulatory Counsel DGG:jjb cc: See attached service list CERTIFICATE OF SERVICE I, Laura Dennis, do hereby certify that I caused one copy of the foregoing Ex Parte letter of Tele-Communications, Inc. to be served by hand delivery on all parties on the attached service list, this 2nd day of December 1999. Deborah Lathen Chief Cable Services Bureau Federal Communications Commission 445 12th Street, S.W. Room 3-C754 Washington, DC 20554 Robert Pepper Office of Plans & Policy Federal Communications Commission 445 12th Street, S.W. Room 7-C347 Washington, DC 20554 Chris Wright Office of General Counsel Federal Communications Commission 445 12th Street, S.W. Room 8-C723 Washington, DC 20554 Howard Shelanski Office of Plans & Policy Federal Communications Commission 445 12th Street, S.W. Room 7-C347 Washington, DC 20554 Sunil Daluvoy Cable Services Bureau Federal Communications Commission 445 12th Street, S.W. Room 4-A737 Washington, DC 20554 To-Quyen Truong Associate Chief, Cable Services Bureau Federal Communications Commission 445 12th Street, S.W. Room 3-C488 Washington, DC 20554 Darryl Cooper Cable Services Bureau Office of Plans & Policy Federal Communications Commission 445 12th Street, S.W. Room 4-A831 Washington, DC 20554 Royce Dickens (2 copies) Deputy Chief, Policy and Rules Division Cable Services Bureau Federal Communications Commission 445 12th Street, S.W. Room 4-A831 Washington, DC 20554 William H. Johnson Deputy Chief/Cable Services Bureau Federal Communications Commission The Portals 445 Twelfth Street, S.W. Room 3-C742 Washington, DC 20554 Helgi C. Walker Legal Advisor Federal Communications Commission The Portals 445 Twelfth Street, S.W. Room 8-A302 Washington, DC 20554 Tom Power Legal Advisor Federal Communications Commission The Portals 445 Twelfth Street, S.W. Room 8-B201 Washington, DC 20554 Rick Chessen Senior Legal Advisor Federal Communications Commission The Portals 445 Twelfth Street, S.W. Room 8-C302 Washington, DC 20554 Marsha MacBride Legal Advisor Federal Communications Commission The Portals 445 Twelfth Street, S.W. Room 8-A204 Washington, DC 20554 David Goodfriend Federal Communications Commission The Portals 445 Twelfth Street, S.W. Room 8-B115 Washington, DC 20554 Kathryn Brown Federal Communications Commission The Portals 445 Twelfth Street, S.W. Room 8-A204 Washington, DC 20554 Don Wang International Transcription Service 1231 20th Street, N.W. Washington, DC 20036-2307 Andrew Jay Schwartzman President and CEO Media Access Project 1707 L Street, N.W. Suite 400 Washington, D.C. 20036 ______________________________ Laura Dennis 1 See Ex Parte Letter at 5-8 for the AT&T subscriber numbers and percentages prior to the Century transaction. 2 As noted in the Ex Parte Letter, the 81.4 million MVPD subscriber number is the September, 1999 total from The Kagan Media Index, October 31, 1999, at 8. Ex Parte Letter at n. 14. 3 See Ex Parte Letter at 7. 4 The 81.4 million MVPD subscriber figure is a conservative denominator for the post-merger calculation given that Kagan estimates that the year-end total of MVPD subscribers will be 83.1 million. See Kagan Cable Program Investor, July 14, 1999, at 4; Ex Parte Letter at n. 14. In addition, even if AT&T does not complete the exchange of interests in cable systems with Comcast Corporation prior to closing the proposed MediaOne merger, AT&T (including the Century transaction) will still be attributed with less than 30% of all MVPD subscribers at the time the MediaOne merger is closed. See Ex Parte Letter at n. 16. 5 See Public Notice, AT&T Corp. and MediaOne Group, Inc. File Submission on Compliance with New Cable Ownership Rules, CS Docket No. 99-251, DA 99-2661 (November 30, 1999). ?? (... footnote continued) (footnote continued ...) expart5 expart5 expart5 -2-