FOR IMMEDIATE RELEASE                               Contact:  Rick Chessen
May 19, 2000                                                (202) 418-2300
                                                               
                                                               
        PRESS STATEMENT OF COMMISSIONER GLORIA TRISTANI
                                
 Re: D.C. Circuit Court of Appeals Decision in Time Warner case
   Upholding Constitutionality of Cable "Subscriber Limits" 
               and "Channel Occupancy" Provisions
                                
                                
     Today's decision is a victory for consumers and their ability to receive a diversity of
voices over cable.  Of particular significance is the court's finding that the subscriber limits
provision is not content-based:

     "By placing a value upon diversity and competition in cable programming the Congress
     did not necessarily also value one speaker, or one type of speech, over another; it merely
     expressed its intention that there continue to be multiple speakers."

With the court's Order, the FCC's voluntary stay is finally lifted, something that the FCC
could and should have done long ago.