******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 ) In the Matter of ) ) OPTEL, INC., )CSR 4736-P ) v. ) ) CENTURY SOUTHWEST CABLE ) TELEVISION, INC., ) ) Joint Stipulation of Dismissal ) ) ORDER Adopted: December 17, 1996 Released: December 20, 1996 By the Chief, Cable Services Bureau: 1.OpTel, Inc. ("OpTel") filed a Complaint against Century Southwest Cable Television, Inc., ("Century") alleging that Century had denied OpTel access to Prime Ticket Networks, L.P. ("Prime Ticket") programming service pursuant to an exclusivity agreement that was not grandfathered pursuant to 47 U.S.C.  548(h) and 47 C.F.R.  1002(e). Alternatively, OpTel alleged that Century had unreasonably refused to sell programming to OpTel in violation of 47 U.S.C.  548(c)(2)(B). Century filed an Answer and OpTel filed a Reply. 2.Now OpTel, Century, and Prime Ticket, through their attorneys, have filed a request for dismissal fashioned as a Joint Stipulation of Dismissal ("Joint Stipulation"). In their Joint Stipulation, the parties request that the Commission dismiss OpTel's complaint with prejudice and without costs. Prime Ticket also requests that the Commission dismiss as moot its Motion for Leave to File and Motion to Consolidate, or in the Alternative, for Leave to Intervene. 3.The Commission encourages resolution of program access disputes through negotiations between the parties in an effort to avoid time-consuming, complex adjudication. Such a policy favoring private settlement and alternative dispute resolution conserves Commission resources and is thus in the public interest. 4.We thus find that it is in the public interest to terminate this proceeding pursuant to the stipulation submitted by the parties. 5.Accordingly, IT IS ORDERED that the Complaint of OpTel, Inc. against Century Southwest Cable Television, Inc. IS DISMISSED WITH PREJUDICE. Prime Ticket's Motion for Leave to File and Motion to Consolidate, or in the Alternative, for Leave to Intervene IS DISMISSED as well. This action is taken by the Chief, Cable Services Bureau, pursuant to authority delegated by Section 0.321 of the Commission's rules. FEDERAL COMMUNICATIONS COMMISSION Meredith J. Jones Chief, Cable Services Bureau