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This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).
March 16, 2001
Statement of FCC Chairman Michael PowellOn FCC Order on AT&T-MediaOne
When the D.C. Circuit issued its decision in Time Warner Entertainment Co. v. FCC, (Slip Op. No. 94-1035, March 2, 2001) it raised serious, constitutional questions about the FCC's horizontal and vertical ownership rules.
The rule was not the sole basis on which the Commission imposed conditions on the license transfer in the AT&T-Media One transaction. However, the Commission unquestionably relied on substantially similar rationale, pulled from its adoption of the rule, which the Court found constitutionally suspect.
Given that fact, it is only prudent for the Commission to suspend its enforcement of the condition until it has adequate time to carefully consider the impact of the Court's decision on the condition. Our action should not be read as eliminating the condition, but only as suspending the established benchmarks for compliance pending further consideration.
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