PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

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 November 13, 2023**

# 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.[^1] 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.[^2] 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.[^3]

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.[^4] 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.[^5]

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*.[^6]

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.[^7]

> 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.[^8] *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.[^9]

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.[^10] 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 12^th^ 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,[^11] 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 12^th^ 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).[^12]
Pleadings filed through the ECFS can be sent as an electronic file via
the Internet to \<http://www.fcc.gov/e-file/ecfs.html\>. 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 \<your e-mail address\>.\" 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 12^th^ 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\--

[^1]: *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).

[^2]: *Id.*, 15 FCC Rcd at 9895 ¶ 186.

[^3]: *Id.* at ¶¶ 187-189.

[^4]: *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).

[^5]: *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).

[^6]: *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).

[^7]: 47 C.F.R. § 1.106(g)-(h).

[^8]: 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.

[^9]: 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.

[^10]: *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).

[^11]: 47 C.F.R. § 1.51(c).

[^12]: *See Electronic Filing of Documents in Rulemaking Proceedings*,
    63 Fed. Reg. 24,121 (1998).