NEWSReport No. DC-95-13 ACTION IN DOCKET CASE January 12, 1995 COMMISSION RECONSIDERS FIRST REPORT AND ORDER REGARDING CABLE SYSTEM ANTI-TRAFFICKING RULES AND SATELLITE MASTER ANTENNA TV CROSS-OWNERSHIP LIMITATIONS (MM DOCKET 92-264) The Commission today acted on petitions for reconsideration of the First Report and Order in MM Docket 92-264, in which it adopted rules implementing the anti-trafficking provisions of Section 13, and the multichannel multipoint distribution service ("MMDS") and satellite master antenna television ("SMATV") cross-ownership provisions of Section 11 of the Cable Television Consumer Protection and Competition Act of 1992. The Memorandum Opinion and Order adopted today affirms the rules in the First Report and Order implementing the anti-trafficking provisions and clarifies the rules' application in various situations. Subject to certain exceptions, the statutory provision restricts the ability of a cable operator to sell or otherwise transfer ownership of a cable system that it has held for less than three years. The Commission clarified that when a transaction is statutorily exempt from the three-year holding requirement (i.e., a pro forma, involuntary or tax exempt transaction) a new holding period does not commence upon consummation of the exempt transaction. The Commission also noted that in the future it will generally treat requests for waiver of the anti-trafficking rules favorably, absent some indication that a particular request raises serious public interest concerns. In the Memorandum Opinion and Order, the Commission also modified the SMATV- cable cross-ownership rules to permit a SMATV operator to sell its facilities that operate within a cable operator's service area to the locally franchised cable operator, provided the acquired facility is operated in accordance with the terms and conditions of the cable operator's local cable franchise agreement. The Commission observed that this modification better serves the underlying purposes of the statutory provision. The MMDS-cable cross- ownership rules were not challenged on reconsideration and, therefore, were not addressed in the Memorandum Opinion and Order. (over) - 2 - Action by the Commission on January 12, 1995, by Memorandum Opinion and Order on Reconsideration of the First Report And Order (FCC 95-21). Chairman Hundt, Commissioners Quello, Barrett, Ness and Chong. - FCC - News Media contact: Morgan Broman (202) 416-0852 Cable Service Bureau contacts: Rebecca L. Dorch, Jeffrey S. Lanning (202) 416- 0800.