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FOR IMMEDIATE RELEASE                   NEWS MEDIA CONTACT
February 18, 2000                            Michelle Russo: (202) 418-2358 


FCC Says Internet Service Provider Does Not Qualify for Leased Access

Washington, DC   The Federal Communications Commission (FCC) has decided that an
Internet service provider (ISP) is not entitled to obtain leased access to a cable system for the
purpose of providing Internet access or any service other than video programming.  

The FCC's Memorandum Opinion and Order denies a Petition for Declaratory Ruling filed
by Internet Ventures, Inc. (IVI) and its subsidiary, Internet On-Ramp, Inc.  IVI, an Internet service
provider, argued that it is entitled to commercial leased access to a cable system in Washington
state under Section 612 of the Communications Act. The Commission denied the petition.

Section 612 of the Communications Act requires cable operators of systems with 36 or
more channels to designate channel capacity for commercial use by unaffiliated third parties.
Commercial use is defined in the law as the "provision of video programming." The statutory
definition of video programming is "programming provided by, or generally considered
comparable to programming provided by a television broadcast station."

The FCC concluded that Section 612 does not require cable operators to make available
channel capacity on their systems for the range of services that IVI seeks to offer. The FCC
determined that it need address only the most basic threshold issue to resolve IVI's petition: does
ISP Internet access service, such as that provided by IVI, constitute video programming as
contemplated by Section 612 of the Communications Act (i.e. programming provided by, or
generally considered comparable to programming provided by, a television broadcast station)? The
FCC concluded that it does not.

Action by the Commission, February 7, 2000, by Memorandum Opinion and Order (CSR
5407-L; FCC No. 00-37). Chairman Kennard, Commissioners Ness, Furchtgott-Roth, Powell and
Tristani.

                             -FCC-
                                
Cable Services Bureau contact: Karen Kosar at (202) 418-7200