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

In the Matter of                )
                                )
CORPORATE MEDIA PARTNERS,       )
d/b/a AMERICAST, AMERITECH      )
MEDIA VENTURES, INC., BELLSOUTH )
INTERACTIVE MEDIA SERVICES,     )
INC., GTE MEDIA VENTURES        )
INCORPORATED, and SNET          )
PERSONAL VISION, INC.           )
                                )
          v.                    )            CSR-5235-P
                                )
FX NETWORKS, LLC,               )
                                )
FOX/LIBERTY NETWORKS, LLC, and  )
                                )
TELE-COMMUNICATIONS, INC.       )
                                )
Program Access Complaint        )
                                 

                  MEMORANDUM OPINION AND ORDER

   Adopted:  April 22, 1998             Released:  April 24, 1998  

By the Acting Chief, Cable Services Bureau:

     1.   Corporate Media Partners, d/b/a Americast ("Americast"), and its telephone company partners,
Ameritech Media Ventures, Inc., BellSouth Interactive Media Services, Inc., GTE Media Ventures
Incorporated, and SNET Personal Vision, Inc., each a distributor of multichannel video programming, filed
the above-captioned program access complaint against FX Networks, LLC ("FX"), Fox/Liberty Networks,
LLC ("Fox/Liberty"), and Tele-Communications, Inc. ("TCI") alleging that FX has refused to provide its
programming to Americast or even negotiate a programming contract with Americast on the grounds that FX
has exclusive programming agreements with incumbent cable operators nationwide.  Americast alleges that
FX's refusal to deal with Americast regarding such programming violates the Commission's prohibition on
exclusive contracts pursuant to Section 628(c)(2)(D) of the Communications Act of 1934, as amended
("Communications Act"), and Section 76.1002(c)(2) of the Commission's rules.  Americast also alleges that
FX's action in this matter constitutes an unreasonable refusal to sell in violation of Section 628(c) of the
Communications Act and Section 76.1002(b) of the Commission's rules and an unfair practice in violation of
Section 628(b) of the Act and Section 76.1001 of the Commission's rules.

     2.   In response, FX filed a "Motion to Consolidate and Expedite Consideration" and Answer
requesting that the Commission consolidate its review of the instant program access complaint filed by
Americast with the program access complaint filed by EchoStar Communications Corporation on November
24, 1997, FCC File No. CSR-5165-P, and expedite consideration of the consolidated proceedings.  FX states
that the Americast complaint filed against FX makes essentially the same allegations as those made in the
EchoStar complaint against FX. 

     3.   In its recent Memorandum Opinion and Order, the Commission granted EchoStar's complaint
against FX, finding that FX's actions violated the prohibition on exclusive contracts pursuant to Section
628(c)(2)(D) of the Communications Act and constituted an unreasonable refusal to sell to EchoStar pursuant
to Section 628(c).  As acknowledged by FX, the facts and circumstances surrounding Americast's complaint
are materially indistinguishable from those examined by the Commission in the EchoStar proceeding.  FX
offers no additional legal justification for its conduct.  Consistent with our findings in the EchoStar proceeding,
we find that FX is a vertically integrated programmer, subject to the program access rules.  We also find that,
based on the record, FX's enforcement of an exclusive contract violates the prohibition on exclusive contracts
in Section 628(c)(2)(D) of the Communications Act and that FX's refusal to sell violates Section 628(c) of the
Communications Act.  Likewise, as in the EchoStar proceeding, in light of our findings herein, we find it
unnecessary to address Americast's allegations regarding Section 628(b) of the Act.      

     4.   Accordingly, IT IS ORDERED that the program access complaint filed by Corporate Media
Partners, d/b/a Americast against FX Networks, LLC, Fox/Liberty Networks, LLC, and Tele-Communications,
Inc. IS GRANTED and FX Networks, LLC is required within 45 days of the release of this Order to make
its programming available to Americast for distribution over its video systems on nondiscriminatory terms and
conditions.  IT IS FURTHER ORDERED that the "Motion to Consolidate and Expedite Consideration" filed
by FX Networks, LLC IS DENIED with respect to consolidation and IS GRANTED with respect to
expediting the matter as it pertains to Americast.  
     5.   This action is taken by the Acting Chief, Cable Services Bureau, pursuant to authority
delegated by Section 0.321 of the Commission's rules.            

                         FEDERAL COMMUNICATIONS COMMISSION



                         John E. Logan
                         Acting Chief, Cable Services Bureau