[Federal Register Volume 61, Number 57 (Friday, March 22, 1996)]
[Notices]
[Pages 11839-11840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6523]
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FEDERAL COMMUNICATIONS COMMISSION
[WT Docket 96-41; FCC 96-85]
Hearing Designation Order; Liberty Cable Co., Inc.
agency: Federal Communications Commission.
action: Notice of Hearing Designation Order and Notice of Opportunity
for Hearing.
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summary: Fifteen applications for operational fixed microwave service
(OFS) facilities filed by Liberty Cable Co., Inc. (Liberty) are
designated for hearing. The Commission has determined that substantial
and material questions of fact exist as to whether Liberty possesses
the requisite qualifications to be a Commission licensee.
addresses: Federal Communications Commission, Washington, D.C. 20554.
for further information contact: Joseph Weber, Enforcement Division,
Wireless Telecommunications Bureau, (202) 418-1317.
supplementary information: This is a summary of Hearing Designation
Order and Notice of Opportunity for Hearing in WT Docket 96-41, adopted
March 4, 1996, and released March 5, 1996.
The full text of Commission decisions are available for inspection
and copying during normal business hours in the FCC Dockets Branch
(Room 230), 1919 M Street, N.W., Washington, D.C. The complete text of
this decision may also be purchased from the Commission's copy
contractor, International Transcription Service, Inc., 2100 M Street,
N.W., Suite 140, Washington, D.C. 20037, (202) 857-3800.
Summary of Hearing Designation Order and Notice of Opportunity for
Hearing
The Commission has designated 15 OFS applications filed by Liberty
for hearing. Liberty is a multichannel video programming distributor
and provides video services to customers in New York City using OFS
facilities. The Commission has learned that Liberty has been providing
service to non-commonly owned buildings which Liberty has
interconnected with hardwire without a cable franchise. At the time
Liberty was interconnecting these buildings, the Communications Act
defined the interconnection of non-commonly owned buildings a operating
a cable system. The Act requires in order to be a cable operator, a
cable franchise must first be obtained. Because Liberty never obtained
a cable franchise, Liberty is in apparent
[[Page 11840]]
violation of the Communications Act. Several of the applications
Liberty has filed were to replace the hardwire connection with an OFS
path. Those applications were designated to determine whether the facts
and circumstances surrounding Liberty's interconnecting of non-commonly
owned buildings without a franchise bears on its qualifications to be a
Commission licensee.
Second, Liberty has admitted to commencing operation of several
facilities prior to being granted authority to do so. In some
instances, Liberty commenced operation prior to applying for such
authority. The Commission determined that this raises a substantial and
material question of fact regarding Liberty's qualifications to be a
licensee. Accordingly, all of the applications for facilities which
Liberty commenced operation without prior authority were designated for
hearing.
Finally, one Liberty official, who at the time certain statements
were made was Liberty's chief of engineering, filed contradictory
statement with the Commission and the U.S. District Court for the
Southern District of New York. The statements concerned the reasons for
the premature operation of the facilities. Because the Commission could
not resolve the discrepancy between the two statements, the Commission
found that material and substantial questions of fact exist regarding
Liberty's truthfulness before the Commission, and an appropriate issue
was designated.
Pursuant to Section 309(e) of the Communications Act of 1934, as
amended, 15 of Liberty's applications for operational fixed microwave
services facilities have been designated for hearing upon the following
issues listed below:
(1) (a) To determine the facts and circumstances surrounding
Liberty Cable Co., Inc.'s operation of hardwired interconnected, non-
commonly owned buildings, without first obtaining a franchise. See 47
U.S.C. 541(b)(1), 47 U.S.C. Title VI and 47 CFR Sec. 76 et seq.
(b) To determine whether Liberty Cable Co., Inc. has violated
Section 1.65 of the Commission's Rules, 47 CFR Sec. 1.65, by failing to
notify the Commission of its provision of service to interconnected,
non-commonly owned buildings.
(c) To determine whether, based on (1)(a) and (b) above, Liberty is
qualified to be granted the above-captioned private operational fixed
microwave authorizations.
(2) (a) To determine the facts and circumstances surrounding
Liberty Cable Co., Inc.'s admitted violations of Section 301 of the
Communications Act and Section 94.23 of the Commission's Rules, 47
U.S.C. 301, 47 CFR Sec. 94.23, by operating certain private operational
fixed microwave facilities without first obtaining Commission
authorization.
(b) To determine whether Liberty Cable Co., Inc. has violated
Section 1.65 of the Commission's Rules, 47 CFR 1. Sec. 1.645, by
failing to notify the Commission of its premature operation of service
in either its underlying applications or its requests for special
temporary authority.
(c) To determine whether, based on (2)(a) and (b) above, Liberty is
qualified to be granted the above-captioned private operational fixed
microwave authorizations.
(3) (a) To determine whether Liberty Cable Co., Inc., in relation
to its interconnection of non-commonly owned buildings and its
premature operation of facilities, misrepresented facts to the
Commission, lacked candor in its dealings with the Commission, or
attempted to mislead the Commission, and in this regard, whether
Liberty Cable Co., Inc. has violated Section 1.17 of the Commission's
Rules, 47 CFR Sec. 1.17.
(b) To determine whether, based on (3)(a), above, Liberty is
qualified to be granted the above-captioned private operational fixed
microwave authorizations.
(4) To determine, based on the evidence adduced in issues (1)
through (3) above, whether Liberty Cable Co., Inc. possesses the
requisite character qualifications to be granted the above-captioned
private operational fixed microwave authorizations for which it has
applied and, accordingly, whether grant of its applications would serve
the public interest, convenience and necessity.
The Commission has further placed Liberty on notice that the
presiding administrative law judge may find that Liberty has violated
any provision of the Communications Act or any Commission rule and
impose a forfeiture up to the statutory maximum.
Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-6523 Filed 3-21-96; 8:45 am]
BILLING CODE 6712-01-M
