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 PUBLIC  NOTICE  Federal  Communications  Commission  445  12  th  St.,  S.  W.  Washington,  D.  C.  20554  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322
 DA  02-  1987  August  9,  2002
 MEDIA  BUREAU  ACTION
 MEDIA  BUREAU  SEEKS  COMMENT  ON  PROPOSED  INSULATION  AND  DIVESTITURE  OF  AT&  TS  INTEREST  IN  TIME  WARNER  ENTERTAINMENT,  L.  P.
 MB  DOCKET  NO.  02-  70
 Comment  Date:  August  30,  2002
 Beginning  on  February  28,  2002,  1  the  Commission  received  applications  (collectively,  the  Application)  requesting  consent  to  transfer  to  AT&  T  Comcast  Corporation  (  AT&  T  Comcast),  control
 of  (1)  licenses  and  authorizations  held  by  Comcast  Corporation  (  Comcast)  and  (2)  licenses  and  authorizations  held  by  AT&  T  Corp.  (  AT&  T)  associated  with  the  operation  of  their  respective  cable
 systems.  The  Application  was  filed  pursuant  to  Sections  214  and  310(  d)  of  the  Communications  Act  of  1934,  as  amended.  In  the  Public  Interest  Statement  filed  with  the  Application,  the  Applicants  stated  that
 AT&  T  planned  to  divest  its  interest  in  Time  Warner  Entertainment,  L.  P.  (  TWE)  prior  to  the  closing  of  the  proposed  merger.  2  The  Applicants  further  stated  that,  if  AT&  T  was  unable  to  divest  its  TWE  interest
 by  the  closing  date  of  the  merger,  the  interest  would  be  insulated  consistent  with  the  Commissions  attribution  rules.  3  However,  the  Application  did  not  specify  the  mechanism  by  which  the  interest  would
 be  insulated.
 On  August  8,  2002,  the  Applicants  filed  supplemental  information  concerning  a  proposed  means  of  insulating  the  TWE  interest  until  it  can  be  divested  (the  TWE  Proposal).  The  Applicants  assert  that
 their  proposed  means  of  insulating  the  TWE  interest  is  consistent  with  prior  Commission  decisions  regarding  insulation  of  attributable  ownership  interests.
 We  have  reviewed  the  TWE  Proposal  and  find  that,  upon  initial  review,  it  is  acceptable  for  filing  as  an  amendment  to  the  Application.  Because  the  TWE  Proposal  addresses  a  question  left  open  by  the
 Application,  it  is  directly  relevant  to  our  evaluation  of  whether  the  proposed  license  transfer  will  serve  the  public  interest.  Input  from  interested  parties  will  assist  the  Commission  in  analyzing  the  TWE  Proposal.
 1  On  February  28,  2002,  the  Applicants  filed  a  Public  Interest  Statement  and  associated  applications  for  consent  to
 the  transfer  of  control  of  certain  licenses  and  authorizations.  On  various  subsequent  dates,  up  to  and  including  March  26,  2002,  the  Applicants  filed  additional,  related  transfer  of  control  applications,  re-  filed  certain  applications,
 and  filed  supplemental  information  or  amendments  to  the  applications  to  make  them  acceptable  for  filing.  2
 Public  Interest  Statement  at  4,  19,  53-  64.  3
 Id.  at  64.
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 By  this  Public  Notice,  we  establish  a  21-  day  period  to  receive  comments  on  the  TWE  Proposal  from  interested  parties.  Commenters  should  not  use  this  pleading  cycle  as  an  opportunity  to  reiterate
 arguments  they  have  already  made  in  this  proceeding,  or  to  discuss  matters  that  pertain  to  the  proposed  merger  generally,  but  not  to  the  TWE  proposal  in  particular.
 To  accommodate  the  pleading  cycle,  we  will  stop  the  clock  on  the  180-  day  review  period  that  governs  this  proceeding.  4  At  the  close  of  the  pleading  cycle,  we  will  re-  start  the  clock  unless  intervening
 events  dictate  otherwise.
 Pursuant  to  Sections  1.415  and  1.419  of  the  Commission's  rules,  47  C.  F.  R.    1.415,  1.  419,  interested  parties  may  file  comments  on  or  before  August  30,  2002.  Comments  may  be  filed  using  the
 Commission's  Electronic  Comment  Filing  System  (ECFS)  or  by  filing  paper  copies.  See  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  63  Fed.  Reg.  24121  (1998).  All  filings  regarding  any
 aspect  of  the  TWE  Proposal  should  reference  the  docket  number  assigned  to  this  proceeding,  MB  Docket  No.  02-  70.
 Given  recent  changes  in  the  mail  delivery  process,  we  strongly  urge  commenters  to  use  the  Commissions  Electronic  Comment  Filing  System  (ECFS).  Procedures  for  filing  through  ECFS  are
 described  below  in  the  General  Information  section.  The  ex  parte  status  of  this  proceeding  will  remain  permit-  but-  disclose,  as  established  in  the  initial  Public  Notice  in  this  proceeding  5  and  as  described  below  in
 the  Ex  Parte  Status  of  this  Proceeding  section.
 EX  PARTE  STATUS  OF  THIS  PROCEEDING
 Because  this  proceeding  involves  broad  public  policy  issues,  the  proceeding  will  be  treated  as  permit  but  disclose  for  purposes  of  the  Commissions  ex  parte  rules.  See  generally  47  C.  F.  R.    1.1200-
 1.1216.  Ex  parte  presentations  will  be  governed  by  the  procedures  set  forth  in  Section  1.  1206  of  the  Commissions  rules  applicable  to  non-  restricted  proceedings.  6  Should  circumstances  warrant,  this
 proceeding  or  any  related  proceeding  may  be  designated  as  restricted.
 Parties  making  oral  ex  parte  presentations  are  directed  to  the  Commissions  statement  re-emphasizing  the  publics  responsibility  in  permit-  but-  disclose  proceedings  and  are  reminded  that
 memoranda  summarizing  the  presentation  must  contain  the  presentations  substance  and  not  merely  list  the  subjects  discussed.  7  More  than  a  one  or  two  sentence  description  of  the  views  and  arguments  presented  is
 4  The  Commission  has  committed  to  expeditiously  review  proposed  transactions  by  establishing  an  aggressive  180-day
 review  period.  5
 See  AT&  T  Corp.  and  Comcast  Corp.  Seek  FCC  Consent  for  a  Proposed  Transfer  of  Control,  Public  Notice,  DA  02-  733  (rel.  March  29,  2001),  as  modified  by  Applications  for  Consent  to  the  Transfer  of  Control  of  Licenses,
 Comcast  Corporation  and  AT&  T  Corp.,  Transferors,  to  AT&  T  Comcast  Corporation,  Transferee,  Erratum  and  Order  Extending  Filing  Deadline,  DA  02-  1033  (rel.  May  3,  2002).
 6  An  ex  parte  presentation  is  any  communication  (spoken  or  written)  directed  to  the  merits  or  outcome  of  a  proceeding
 made  to  a  Commissioner,  a  Commissioners  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.  7
 See  Commission  Emphasizes  the  Publics  Responsibilities  in  Permit-  But-  Disclose  Proceedings,  Public  Notice,  FCC  00-  358,  15  FCC  Rcd  19945  (2000).
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 generally  required.  See  47  C.  F.  R.    1.1206(  b)(  2),  as  revised.  Other  rules  pertaining  to  oral  and  written  presentations  are  set  forth  in  Section  1.1206  (b)  as  well.  We  urge  parties  to  use  ECFS  to  file  ex  parte
 submissions.  See  General  Information  section  below.
 GENERAL  INFORMATION
 Comments  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.  If  multiple  docket  or  rulemaking  numbers  appear  in  the  caption  of  this  proceeding,  however,  commenters  must  transmit  one  electronic  copy  of  the  comments  to  each  docket  or  rulemaking  number
 referenced  in  the  caption.  In  completing  the  transmittal  screen,  commenters  should  include  their  full  name,  U.  S.  Postal  Service  mailing  address,  and  the  applicable  docket  or  rulemaking  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.  Parties  who  choose  to  file  by  paper  must  file  an  original  and  four  copies  of  each  filing.  If  more  than  one
 docket  or  rulemaking  number  appear  in  the  caption  of  this  proceeding,  commenters  must  submit  two  additional  copies  for  each  additional  docket  or  rulemaking  number.  Filings  can  be  sent  by  hand  or
 messenger  delivery,  by  commercial  overnight  courier,  or  by  first-  class  or  overnight  U.  S.  Postal  Service  mail  (although  we  continue  to  experience  delays  in  receiving  U.  S.  Postal  Service  mail).  The
 Commission's  contractor,  Vistronix,  Inc.,  will  receive  hand-  delivered  or  messenger-  delivered  paper  filings  for  the  Commission's  Secretary  at  236  Massachusetts  Avenue,  N.  E.,  Suite  110,  Washington,  D.  C.
 20002.  The  filing  hours  at  this  location  are  8:  00  a.  m.  to  7:  00  p.  m.  All  hand  deliveries  must  be  held  together  with  rubber  bands  or  fasteners.  Any  envelopes  must  be  disposed  of  before  entering  the  building.
 Commercial  overnight  mail  (other  than  U.  S.  Postal  Service  Express  Mail  and  Priority  Mail)  must  be  sent  to  9300  East  Hampton  Drive,  Capitol  Heights,  MD  20743.  U.  S.  Postal  Service  first-  class  mail,  Express
 Mail,  and  Priority  Mail  should  be  addressed  to  445  12th  Street,  SW,  Washington,  D.  C.  20554.  All  filings  must  be  addressed  to  the  Commission's  Secretary,  Office  of  the  Secretary,  Federal  Communications
 Commission.
 In  addition,  we  request  that  parties  serve  the  following  with  either  one  electronic  copy  via  e-  mail  or  two  paper  copies  of  each  pleading  or  ex  parte  submission:  (1)  Qualex  International,  Portals  II,  445  12  th
 Street,  S.  W.,  Room  CY-  B402,  Washington,  D.  C.  20554,  telephone  (202)  863-  2893,  facsimile  (202)  863-  2898,  or  email  at  qualexint@  aol.  com;  (2)  Roger  Holberg,  Media  Bureau,  445  12  th  Street,  S.  W.,  Room  2-
 C262,  Washington,  D.  C.  20554,  rholberg@  fcc.  gov;  (3)  Erin  Dozier,  Media  Bureau,  445  12  th  Street,  S.  W.,  Room  2-  C221,  Washington,  D.  C.  20554,  edozier@  fcc.  gov;  (4)  Simon  Wilkie,  Chief  Economist,  Office
 of  Plans  and  Policy,  445  12  th  Street,  S.  W.,  Room  7-  C452,  Washington,  D.  C.  20554,  swilkie@  fcc.  gov;  (5)  James  Bird,  Office  of  General  Counsel,  445  12  th  Street,  S.  W.,  Room  8-  C824,  Washington,  D.  C.  20554,
 jbird@  fcc.  gov;  (6)  William  Dever,  Common  Carrier  Bureau,  445  12  th  Street,  S.  W.,  Room  5-  C266,  Washington,  D.  C.  20554,  wdever@  fcc.  gov,  (7)  Cynthia  Bryant,  International  Bureau,  445  12  th  Street,
 S.  W.,  Room  6-  C807,  cybryant@  fcc.  gov;  (8)  Jeff  Tobias,  Wireless  Telecommunications  Bureau,  445  12  th  Street,  S.  W.,  Room  2-  C828,  Washington,  D.  C.  20554,  jtobias@  fcc.  gov;  and  (9)  Lauren  Kravetz  Patrich  ,
 Wireless  Telecommunications  Bureau,  445  12  th  Street,  S.  W.,  Room  4-  A163,  Washington,  D.  C.  20554,  lkravetz@  fcc.  gov.
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 Alternate  formats  of  this  public  notice  (computer  diskette,  large  print,  audio  recording,  and  Braille)  are  available  to  persons  with  disabilities  by  contacting  Brian  Millin  at  (202)  418-  7426  voice,  (202)  418-
 7365  TTY,  or  e-  mail  at  bmillin@  fcc.  gov.
 The  media  contacts  for  this  proceeding  are  Margo  Domon  Davenport,  (202)  418-  2949,  and  Michelle  Russo,  (202)  418-  2358.  The  Media  Bureau  Contact  is  Roger  Holberg,  (202)  418-  2134.
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