[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