[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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