Report No. CC95-4 COMMON CARRIER ACTION January 11, 1995 FCC AFFIRMS AUTHORIZATION OF OKLAHOMA WESTERN TELEPHONE COMPANY TO OPERATE A CABLE TELEVISION DISTRIBUTION SYSTEM The Commission has denied the application for review and motion to dismiss filed by Cablevision of Texas III, L.P. regarding the Common Carrier Bureau's authorization of Oklahoma Western Telephone Company to operate a cable television system in Clayton, OK, and surrounding areas under the rural exemption to the cross ownership restrictions, and under Section 214 of the Communications Act. Western, an independent telephone company in Oklahoma, filed an application under Section 214 of the Act seeking authorization to construct and operate a cable television system within its telephone service area. Cablevision objected to the proposal. However, the Common Carrier Bureau's Domestic Facilities Division found that Western's proposed cable television service area was a rural area under the Act, and that Western had complied with the appropriate filing requirements. Therefore, Western was granted authorization to construct and operate its system. Cablevision sought review of the Bureau's decision. Denying review, the Commission found that the Bureau had not erred in granting Western its Section 214 authorization and rural exemption to operate a cable television distribution system in Clayton, OK, and the surrounding areas. Moreover, the Commission found that Western's operation of a cable television systems would not violate the cross ownership restricttions of the Cable Television Consumer Protection and Competition Act of 1992, enacted since the Authorization was granted. The Commission also affirmed the Bureau's finding that Western's cable project serves the public interest, convenience and necessity. Action by the Commission January 3, 1995, by Order (FCC 95- 3). Chairman Hundt, Commissioners Quello, Barrett, Ness, and Chong. -FCC- News Media contact: Patricia A. Chew at (202) 418-0500. Common Carrier Bureau contact: Robert Kimball at (202) 634- 7150.