PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 445 12th STREET, S.W. WASHINGTON, D.C. 20554 DA 01-913 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov CABLE SERVICES BUREAU ACTION April 18, 2001 COMMISSION SEEKS PUBLIC COMMENT ON AT&T-MEDIAONE LICENSE TRANSFER CONDITIONS AND ESTABLISHES PLEADING CYCLE ON PETITION FOR RECONSIDERATION IN CS DOCKET NO. 99-251 Comments/Oppositions Due: May 11, 2001 Replies to Comments/Oppositions Due: May 25, 2001 By order dated June 6, 2000 ("June 6 Order"), the Commission granted the license transfer application of AT&T Corp. ("AT&T") and MediaOne Group, Inc. ("MediaOne") to permit AT&T's acquisition of MediaOne, subject to certain conditions. Specifically, the Commission's grant was conditioned on AT&T, by May 19, 2001, (a) divesting its interests in Time Warner Entertainment, L.P. ("TWE"), (b) terminating its involvement in video programming activities, or (c) divesting its interests in other cable systems, such that it would have attributable ownership interests in cable systems serving no more than 30% of MVPD subscribers nationwide. To ensure that AT&T took timely steps towards compliance, the June 6, 2000 Order established a series of interim compliance steps, including a deadline of March 20, 2001 at which time AT&T would state either that it would be in compliance with the May 19, 2001 deadline or that it would not be in compliance. If compliance was not to be accomplished, AT&T would be required to describe the irrevocable trust arrangement that it would be required to establish by May 19, 2001 to effectuate sale of the assets necessary to carry out its elected compliance option. On March 2, 2001, the United States Court of Appeals for the District of Columbia Circuit released its decision in Time Warner Entertainment Co., L.P. v. Federal Communications Commission, 249 F.3d 1126 (D.C. Cir. 2001). The court reversed and remanded the Commission's cable horizontal ownership and channel occupancy limits, as well as certain aspects of the cable attribution rules. In order to afford the Commission an opportunity to determine the relationship, if any, between the court's decision and the ownership conditions adopted in this proceeding, on March 16, 2001, the Commission suspended the interim March 20, 2001 deadline and the final compliance deadline of May 19, 2001 pending further order of the Commission. On April 13, 2001, the Consumers Union, Consumer Federation of America, and Media Access Project ("Consumers Union") filed a petition for reconsideration of the Commission's March 16 suspension order, which includes a contingent petition for reconsideration of the June 6 Order and the Commission's order denying reconsideration of the June 6 Order. To assist the Commission in resolving the question of the relationship between the court's decision and the divestiture conditions adopted in this proceeding, the Commission seeks comment from interested parties regarding the effect, if any, of the court's ruling on the conditions imposed in the June 6 Order. In particular, the Commission seeks comment on whether to proceed with the conditions in light of the court's decision. In addition, to provide for a consolidated pleading cycle on the issues raised in this public notice and those raised by the Consumers Union's petition for reconsideration, including the contingent petition for reconsideration, we are extending the pleading cycle established by section 1.106 of the Commission's rules. Parties may file comments and oppositions to the petition for reconsideration on or before May 11, 2001 and replies to comments and oppositions on or before May 25, 2001. All filings should reference CS Docket No. 99-251. EX PARTE STATUS OF THIS PROCEEDING This proceeding has been designated as "permit but disclose" for purposes of the Commission's ex parte rules. Ex parte presentations will be governed by the procedures set forth in Section 1.1206 of the Commission's rules applicable to non-restricted proceedings. Parties making oral ex parte presentations are reminded that memoranda summarizing the presentation must contain a summary of the substance of the presentation and not merely a listing of the subjects discussed. More than a one or two sentence description of the views and arguments presented is generally required. Interested parties shall file an original and one copy of each summary of an oral ex parte presentation and any written ex parte presentation with the Commission Secretary, Magalie Roman Salas, 445 12th Street, S.W., TW-B204, Washington, D.C. 20554. Parties shall also serve one copy of each such filing on (1) International Transcription Service, Inc., the Commission's duplicating contractor, at 445 12th Street, S.W., Room CY-B400 Washington, D.C. 20554, telephone (202) 314-3070, TTY (202) 293- 8810, facsimile (202) 314-3076, e-mail: knash@fcc.gov, Internet: http://www.itsdocs.com; (2) James Bird, Office of General Counsel, 445 12th Street, S.W., 8-C818, Washington, D.C. 20554, (3) Royce Dickens Sherlock, Cable Services Bureau, 445 12th Street, S.W., 3-A729, Washington, D.C. 20554, and (4) Linda Senecal, Cable Services Bureau, 445 12th Street, S.W., 3-A734, Washington, D.C. 20554. GENERAL INFORMATION An original and 4 copies of all pleadings, in accordance with section 1.51(c) of the Commission's Rules, must be filed in CS Docket No. 99-251 with the Commission's Secretary, Magalie Roman Salas, 445 12th Street, S.W., TW-B204, Washington, D.C. 20554. One copy of each pleading also must be filed with other offices, as follows: (1) International Transcription Service, Inc., at 445 12th Street, S.W., Room CY-B400, Washington, D.C. 20554, telephone (202) 314-3070, TTY (202) 293-8810, facsimile (202) 314- 3076, e-mail knash@fcc.gov, Internet http://www.itsdocs.com; (2) James Bird, Office of General Counsel, 445 12th Street, S.W., 8-C818, Washington, D.C. 20554; and (3) Royce Dickens Sherlock, Cable Services Bureau, 445 12th Street, S.W., 3-A729, Washington, D.C. 20554. In addition, twelve copies of each pleading must be filed with Linda Senecal, Cable Services Bureau, 445 12th Street, S.W., 3-A734, Washington, D.C. 20554. In addition to filing paper pleadings, parties may also file pleadings using the Commission's Electronic Comment Filing System (ECFS). Pleadings filed through the ECFS can be sent as an electronic file via the Internet to . Generally, only one copy of an electronic submission must be filed. In completing the transmittal screen, filers should include their full name, Postal Service mailing address, and the applicable docket number. Parties may also submit an electronic comment by Internet e-mail. To get filing instructions for e-mail comments, commenters should send an e-mail to ecfs@fcc.gov, and should include the following words in the body of the message, "get form ." A sample form and directions will be sent in reply. Copies of Consumers Union's petition for reconsideration and other documents filed in this matter may be obtained from International Transcription Service, Inc., 445 12th Street, S.W., Room CY-B400, Washington, D.C. 20554, telephone (202) 314-3070, TTY (202) 293-8810, facsimile (202) 314-3076, e- mail knash@fcc.gov, Internet http://www.itsdocs.com. Copies will also be available through the Commission's Electronic Comment Filing System and will be available for public inspection and copying during normal reference room hours at the Commission's Reference Center, 445 12th Street, S.W., CY- A257, Washington, D.C. 20554, telephone (202) 418-7092. Media contact: Michelle Russo (202) 418-2358 Cable Services Bureau Contact: Linda Senecal (202) 418-7044, or Royce Dickens Sherlock (202) 418-7030 TTY: (202) 418-7172 or (888) 835-5322. --FCC-- In the Matter of Applications for Consent to the Transfer of Control of Licenses and Section 214 Authorizations from MediaOne Group, Inc., Transferor, To AT&T Corp., Transferee, CS Docket No. 99-251, Memorandum Opinion and Order ("June 6, 2000 Order"), 15 FCC Rcd. 9816 (2000), recon. denied, FCC 01-47 (rel. March 14, 2001). Id., 15 FCC Rcd at 9895 186. Id. at 187-189. In the Matter of Implementation of Section 11(c) of the Cable Television Consumer Protection and Competition Act of 1992, Horizontal Ownership Limits, Memorandum Opinion and Order on Reconsideration and Further Notice of Proposed Rulemaking, 13 FCC Rcd 14462 (1998); id., Third Report and Order, 14 FCC Rcd 19980 (1999); Implementation of the Cable Television Consumer Protection and Competition Act of 1992, Implementation of Cable Act Reform Provisions of the Telecommunication Act of 1996, Review of the Commission's Cable Attribution Rules, Notice of Proposed Rulemaking, 13 FCC Rcd 12990 (1998); id., Report and Order, 14 FCC Rcd 19014 (1999). In the Matter of Applications for Consent to the Transfer of Control of Licenses and Section 214 Authorizations from MediaOne Group, Inc., Transferor, to AT&T Corp., Transferee, CS Docket No. 99-251, Order, FCC 01-95 (rel. March 16, 2001). In the Matter of Applications for Consent to the Transfer of Control of Licenses and Section 214 Authorizations from MediaOne Group, Inc., Transferor, to AT&T Corp., Transferee, CS Docket No. 99-251, Order on Reconsideration, FCC 01-47 (rel. March 14, 2001). 47 C.F.R.  1.106(g)-(h). Public Notice, AT&T Corp. and MediaOne Group, Inc. Seek FCC Consent for a Proposed Transfer of Control, CS Docket No. 99-251, 14 FCC Rcd 11867 (1999). See generally 47 C.F.R.  1.1200-1.1216. An ex parte presentation is any communication (spoken or written) directed to the merits or outcome of a proceeding made to a Commissioner, a Commissioner's assistant, or other decision-making staff member, that, if written, is not served on other parties to the proceeding or, if oral, is made without an opportunity for all parties to be present. 47 C.F.R.  1.1201. See 47 C.F.R.  1.1206(b)(2). Other rules pertaining to oral and written presentations are also set forth in section 1.1206(b). 47 C.F.R.  1.51(c). See Electronic Filing of Documents in Rulemaking Proceedings, 63 Fed. Reg. 24,121 (1998). (.continued from previous page) (.continued) 4