27972 Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Notices

Trans # Acquiring Acquired Entities

Transactions Granted Early Termination—04/23/2001

20011713 ............ LSI Logic Corporation ............................ C-Cube Microsystems Inc ..................... C-Cube Microsystems Inc.

20011720 ............ Normandy Mining Limited ACN 009 295

765.

Franco-Nevada Mining Corporation

Limited.

Midas Joint Venture, Inc.

20011722 ............ Illinois Tool Works Inc. .......................... Foilmark, Inc .......................................... Foilmark, Inc.

20011725 ............ The Stanley Works ................................ Global Private Equity III Limited Partnership.Contact East, Inc.

20011726 ............ Protective Industries, LLC ..................... MIV Holdings, S.A ................................. Mark IV Industries, Inc.

20011728 ............ General Electric Company .................... Paragon Leasing ................................... Paragon Leasing

Transactions Granted Early Termination—04/25/2001

20011698 ............ Tyco International Ltd. ........................... The CIT Group, Inc ............................... The CIT Group, Inc.

20011721 ............ Cisco Systems, Inc ................................ Velocita Corp ......................................... Velocita Corp.

Transactions Granted Early Termination—04/26/2001

20011693 ............ United Parcel Service, Inc ..................... Miles Group, Inc .................................... Miles Group, Inc.

Transactions Granted Early Termination—04/27/2001

20011548 ............ Xcel Energy Inc ..................................... Duke Energy Corporation ...................... Duke Capital Corporation.

Duke Energy Audrain, LLC.

20011649 ............ Royster-Clark Group, Inc ....................... Land O’Lakes, Inc ................................. Agro Distribution, LLC.

20011650 ............ Royster-Clark Group, Inc ....................... Cenex Harvest States Cooperatives ..... Agro Distribution, LLC.

20011701 ............ Wells Fargo & Company ....................... ACO Brokerage Holdings Corporation .. ACO Brokerage Holdings Corporation.

20011714 ............ Micron Technology, Inc ......................... Interland, Inc .......................................... Interland, Inc.

20011744 ............ Pilot Corporation .................................... USX Corporation ................................... Speedway SuperAmerica LLC.

20011745 ............ USX Corporation ................................... Pilot Corporation .................................... Pilot Corporation.

FOR FURTHER INFORMATION CONTACT:

Sandra M. Peay or Parcellena P.

Fielding, Contact Representatives,

Federal Trade Commission, Premerger

Notification Office, Bureau of

Competition, Room 303, Washington,

DC 20580, (202) 326–3100.

By Direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 01–12679 Filed 5–18–01; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 992 3276]

Gateway, Inc.; Analysis to Aid Public

Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed Consent Agreement.

SUMMARY: The consent agreement in this

matter settles alleged violations of

federal law prohibiting unfair or

deceptive acts or practices or unfair

methods of competition. The attached

Analysis to Aid Public Comment

describes both the allegations in the

complaint that accompanies the consent

agreement and the terms of the consent

order—embodied in the consent

agreement—that would settle these

allegations.

DATES: Comments must be received on

or before June 14, 2001.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Ave., NW.,

Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Linda Badger, Federal Trade

Commission, Western Region—San

Francisco Office, 901 Market St., Suite

570, San Francisco, CA 94103. (415)

848–5151.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and Section 2.34 of the Commission’s

Rules of Practice (16 CFR 2.34), notice

is hereby given that the above-captioned

consent agreement containing a consent

order to cease and desist, having been

filed with and accepted by the

Commission, has been placed on the

public record for a period of thirty (30)

days. The following Analysis to Aid

Public Comment describes the terms of

the consent agreement, and the

allegations in the complaint. An

electronic copy of the full text of the

consent agreement package can be

obtained from the FTC Home Page (for

May 15, 2001), on the World Wide Web,

at http://www.ftc.gov/os/2001/05/

index.htm. A paper copy can be

obtained from the FTC Public Reference

Room, Room H–130, 600 Pennsylvania

Avenue, NW., Washington, DC 20580,

either in person or by calling (202) 326–

3627.

Public comment is invited. Comments

should be directed to: FTC/Office of the

Secretary, Room 159, 600 Pennsylvania

Ave., NW., Washington, DC 20580. Two

paper copies of each comment should

be filed, and should be accompanied, if

possible, by a 31⁄2 inch diskette

containing an electronic copy of the

comment. Such comments or views will

be considered by the Commission and

will be available for inspection and

copying at its principal office in

accordance with Section 4.9(b)(6)(ii) of

the Commission’s Rules of Practice (16

CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order to

Aid Public Comment

The Federal Trade Commission has

accepted, subject to final approval, an

agreement containing a consent order

from Gateway, Inc. (‘‘Gateway’’).

The proposed consent order has been

placed on the public record for thirty

(30) days for receipt of comments by

interested persons. Comments received

during this period will become part of

the public record. After thirty (30) days,

the Commission will again review the

agreement and the comments received,

and will decide whether it should

withdraw from the agreement or make

final the agreement’s proposed order.

Gateway advertises and sells personal

computers, computer peripherals,

software, and Internet services to the

public. This matter concerns allegedly

Federal Register / Vol. 66, No. 98 / Monday, May 21, 2001 / Notices 27973

false and deceptive advertising of

Gateway’s Internet access service,

‘‘Gateway.net.’’ The Commission’s

proposed complaint alleges that

Gateway advertised that with the

purchase of certain computer models,

Gateway.net Internet access service

would be included for free for one year,

or could be purchased for a flat fee, such

as $14.95 a month. In fact, for many

consumers one year of Gateway.net was

not free or obtainable for a flat fee,

because these customers incurred long

distance charges to access Gateway.net,

or were charged $3.95 per hour by

Gateway for the use of a ‘‘toll-free’’

telephone number to access the service.

The Commission’s proposed complaint

challenges these ‘‘free’’ or ‘‘flat-fee’’ ads

as both misrepresentations and as

failures to disclose material facts under

Section 5 of the FTC Act. Further, the

complaint alleges that Gateway falsely

represented that the use of its ‘‘toll-free’’

1–888 number to connect to the Internet

was free to consumers. In fact, Gateway

charged consumers $3.95 per hour for

the use of this ‘‘toll-free’’ number.

The proposed consent order contains

provisions designed to prevent Gateway

from engaging in similar acts and

practices in the future. Part I of the

proposed order prohibits the company

from misrepresenting the price or cost of

any Internet access service, or of any

‘‘toll-free’’ telephone number. Under the

order, the term ‘‘Internet access service’’

is defined as ‘‘any service that enables

a consumer to access the Internet or any

other electronic network.’’

Part II of the order prohibits

representations regarding the price or

cost of any ‘‘1–800’’ or ‘‘toll-free’’

telephone number provided to the

consumer by Gateway unless it

discloses, clearly and conspicuously,

the dollar amounts of any hourly

surcharges and any other fees it charges

for the use of such numbers. Part III of

the proposed order requires that

Gateway clearly and prominently

disclose that consumers may have to

pay long distance telephone charges,

hourly surcharges, or other costs in

excess of local telephone service charges

to access any Internet access service.

Gateway must disclose the dollar

amounts of any such fees within its

control or the control of any of its

promotional partners providing the

service. It must also provide a means for

each consumer to ascertain whether he

or she would incur such fees to access

the service, and inform consumers that

they should contact their local

telephone company to determine

whether using the access telephone

number for the location closet to them

will result in charges in excess of local

telephone service charges.

Part IV of the order requires that

Gateway maintain customer support to

answer consumer inquiries regarding

any Internet access service, including

but not limited to, an adequately staffed

toll-free number where consumers can

determine whether they have a local

access number for such service.

Part V is a redress provision requiring

that Gateway refund all charges for

‘‘toll-free’’ numbers paid by local access

plan gateway.net customers who

registered for the plan between January

19, and April 1, 1999, and who paid

such fees up until August 15, 1999.

Parts VI through IX of the proposed

order contain the usual reporting and

compliance provisions, and, Part X is a

provision ‘‘sunsetting’’ the order after

twenty years, with certain exceptions.

The purpose of this analysis is to

facilitate public comment on the

proposed order. It is not intended to

constitute an official interpretation of

the agreement and proposed order or to

modify in any way their terms.

By direction of the Commission.

Donald S. Clark,

Secretary.

[FR Doc. 01–12677 Filed 5–18–01; 8:45 am]

BILLING CODE 6750–01–M

FEDERAL TRADE COMMISSION

[File No. 002 3061]

Juno Online Services, Inc.; Analysis To

Aid Public Comment

AGENCY: Federal Trade Commission.

ACTION: Proposed consent agreement.

SUMMARY: The consent agreement in this

matter settles alleged violations of

federal law prohibiting unfair or

deceptive acts or practices or unfair

methods of competition. The attached

Analysis to Aid Public Comment

describes both the allegations in the

complaint that accompanies the consent

agreement and the terms of the consent

order—embodied in the consent

agreement—that would settle these

allegations.

DATES: Comments must be received on

or before June 14, 2001.

ADDRESSES: Comments should be

directed to: FTC/Office of the Secretary,

Room 159, 600 Pennsylvania Avenue.,

NW., Washington, DC 20580.

FOR FURTHER INFORMATION CONTACT:

Darren Bowie or Laura Sullivan, FTC/S–

4002, 600 Pennsylvania Ave., NW.,

Washington, DC 20580. (202) 326–2018

or 326–3327.

SUPPLEMENTARY INFORMATION: Pursuant

to Section 6(f) of the Federal Trade

Commission Act, 38 Stat. 721, 15 U.S.C.

46 and Section 2.34 of the Commission’s

Rules of Practice (16 CFR 2.34), notice

is hereby given that the above-captioned

consent agreement containing a consent

order to cease and desist, having been

filed with an accepted by the

Commission, has been placed on the

public record for a period of thirty (30)

days. The following Analysis to Aid

Public Comment describes the terms of

the consent agreement, and the

allegations in the complaint. An

electronic copy of the full text of the

consent agreement package can be

obtained from the FTC Home Page (for

May 15, 2001), on the World Wide Web,

at http://www.ftc.gov/os/2001/05/

index.htm A paper copy can be obtained

from the FTC Public Reference Room,

Room H–130, 600 Pennsylvania

Avenue, NW., Washington, DC 20580,

either in person or by calling (202) 326–

3627.

Public comment is invited. Comments

should be directed to: FTC/Office of the

Secretary, Room 159, 600 Pennsylvania

Ave., NW., Washington, DC 20580. Two

paper copies of eac comment should be

filed, and should be accompanied, if

possible, by a 31⁄2 inch diskette

containing an electronic copy of the

comment. Such comments or views will

be considered by the Commission and

will be available for inspection and

copying at its principal office in

accordance with Section 4.9(b)(6)(ii) of

the Commission’s Rules of Practice (16

CFR 4.9(b)(6)(ii)).

Analysis of Proposed Consent Order To

Aid Public Comment

The Federal Trade Commission has

accepted, subject to final approval, an

agreement containing a consent order

from Juno Online Services, Inc.

(‘‘Juno’’).

The proposed consent order has been

placed on the public record for thirty

(30) days for receipt of comments by

interested persons. Comments received

during this period will become part of

the public record. After thirty (30) days,

the Commission will again review the

agreement and the comments received,

and will decide whether it should

withdraw from the agreement or make

final the agreement’s proposed order.

Juno is an Internet service provider

with approximately 842,000 subscribers

to its fee-based services and nearly 4

million total active subscribers. Juno

typically charges subscribers a flat

monthly fee for its fee-based services.

The company’s subscriber revenues

reached early $34.5 million for 1999 and

$73.9 million last year.