PUBLIC NOTICE FEDERAL COMMUNICATIONS COMMISSION 1919 M STREET, N.W. WASHINGTON, D.C. 20554 DA 97-2711 News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet: http://www.fcc.gov ftp.fcc.gov CABLE SERVICES ACTION December 29, 1997 "PERMIT BUT DISCLOSE" EX PARTE PROCEDURES ESTABLISHED FOR WEDGEWOOD COMMUNICATIONS CERTIFICATION APPLICATION AS WELL AS FOR THE MOTION FOR DECLARATORY RULING FILED BY ENTERTAINMENT CONNECTIONS, INC. AND TELECOMMUNICATIONS SERVICES CORPORATION Entertainment Connections, Inc. ("ECI") and Telecommunications Services Corporation ("TSC") have filed a motion pursuant to Section 1.2 of the Commission's rules (47 C.F.R. 1.2) for a declaratory ruling that each is not required to obtain a cable television franchise pursuant to Section 621 of the Communications Act (47 U.S.C. 541) under the following circumstances: ECI currently purchases, and TSC intends to purchase, service offered by common carriers whereby video programming is transmitted through the common carriers' facilities before connecting to ECI or TSC's facilities inside the private property line for ultimate distribution to subscribers. ECI and TSC state that the video programming transmission service complies with all Title II requirements and is provided on a common carrier basis. ECI and TSC maintain that they are not cable operators and not required to obtain a franchise because their facilities are located entirely on private property and the common carriers retain ownership, control, and responsibility for all facilities located outside of the private property line. Wedgewood Communications Company ("Wedgewood"), provides video programming distribution using common carrier service. Wedgewood has filed comments and reply comments supporting ECI's and TSC's motion. Wedgewood also filed an application for certification to operate as an open video system in the City of Chicago, Illinois. The Cable Services Bureau ("Bureau") rejected Wedgewood's certification without prejudice finding that an issue existed regarding Wedgewood's candor regarding its current regulatory status in completing the open video certification application. Wedgewood refiled its open video certification application. The Bureau rejected Wedgewood's second application because of the uncertain status of its cable franchise negotiations with the City of Chicago, as well as the unresolved allegations that Wedgewood was an unfranchised cable operator and ineligible to become an open video system operator. Wedgewood has filed an application for review of the Bureau's initial order denying Wedgewood's open video system application. In that filing, Wedgewood asserts that it will file an application for review of the Bureau's second order denying Wedgewood's application. Although an application for certification to operate as an open video system is ordinarily treated as a "restricted" proceeding in which ex parte presentations are generally prohibited, see Section 1.1208 (c)(1)(i), 47 C.F.R.  1.1208 (c)(1)(i), the Commission, or its staff pursuant to delegated authority, under Section 1.1200(a) of the Rules, 47 C.F.R.  1.1200(a), may adopt modified ex parte procedures in particular proceedings "where the public interest so requires." ECI's and TSC's declaratory motion and Wedgewood's certification application proceeding raise broad policy issues relating to regulatory status and the need to obtain a cable franchise, the resolution of which could have significant impact on the overall public interest. In view of the foregoing and in order to ensure the staff's ability to discuss and obtain the information needed to resolve the issues raised expeditiously, as well as to reduce possible confusion and uncertainty as to the applicability of the ex parte rules to these proceedings, adoption of modified ex parte procedures is appropriate here. We shall therefore treat both proceedings as "permit-but-disclose" for ex parte purposes and, like the declaratory ruling proceeding, subject both to the procedural requirements of Section 1.1206. Two copies of any written ex parte presentation made or, if oral, two copies of a written summary of such oral ex parte presentation, as well as a copy to the person or persons to whom the oral communication was made, must be filed in each of the proceedings with the Secretary. All filings should be clearly captioned as ex parte presentations and should reference the appropriate file number of each proceeding: ECI & TSC (CSR 4948); Wedgewood (DA 97-2355). Media contact: Morgan Broman (202) 418-2358. Cable Services Bureau Contact: Steve Broeckaert (202) 418-1075. TTY: (202) 418-7172. --FCC--