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21 <br />9. The D.C. Circuit Court decided to consider sepazately the challenge to the statute and the <br />challenge to the FCC rules. <br />l0.On May 19, 2000, the D.C. Circuit Court upheld the constitutionality ofthe statute requiring <br />ownership limits. The FCC's voluntary stay on enforcing its rules was automatically lifted. <br />11. D.C. Circuit Court will hear oral arguments on the FCC rules on October 17, 2000. <br />Local Phone Competition <br />• Local competitors added 65 percent of new business lines in the third quarter of 1999. <br />• In 1996, competitors to the incumbent phone companies had one percent of the local <br />market. <br />- In the second quarter of 1999, competitors reached siac percent of the mazket. <br />• AT&T provides residential local telephone service to SS5,000 customers nationwide. <br />- MediaOne provides residential local telephone service to 100,000 customers <br />nationwide. <br />Public interest Benefits from the AT&T-MediaOne Mer er <br />In analyzing the potential public interest benefits from the merger, the FCC found that <br />consumers are likely to benefit from increased local telephone competition. The FCC determined <br />that the combination of AT&T's brand name, expertise and telephony assets with MediaOne's <br />expertise in providing cable telephony, and the economies of scale offered by the merger, is <br />likely to increase these companies' ability to compete successfully against the incumbent LECs. <br />AT&T's success in providing cable telephony over the merged firm's systems also is likely to <br />facilitate its efforts to provide local telephony over other cable operators' networks through <br />contractual arrangements. The FCC concluded that the merger will enable AT&T and MediaOne <br />to provide local telephony competition more effectively than either company could <br />independently or through joint ventures. <br />Broadband <br />In its analysis, the FCC also considered the impact the merged firm will have on broadband <br />services, but declined to impose conditions in this regazd. The FCC discussed the merged entity's <br />ability to provide high-speed Internet access over a vast cable infrastructure. The merged firm <br />also would have major ownership interests in the nation's two largest cable broadband Internet <br />services providers (ISPs), Excite@Home and Road Runner. Excite@Home and Road Runner are <br />the exclusive ISPs serving broadband subscribers over the cable systems of AT&T, MediaOne, <br />TWE, Cox Corporation and Comcast Corporation, among others. The FCC analyzed the merger <br />as modified by the U.S. Department of Justice's proposed consent decree with the applicants, <br />which requires them to divest their interests in Road Runner no later than December 31, 2001, <br />Franchise Fee U-Tax Auditing & Cable Television Administration <br />101 Pocono Lane, Cary, North Carolina 27513-5316 Voice # 919.467.5392 Fax # 919.460.6868 <br />