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In a statement, Michael Armstrong, AT&T chairman and chief executive, said the merger "will mean a real choice and lower prices in local phone service, faster Internet access and better cable TV. For consumers, that's a home run in any ballpark."
AT&T's Cicconi said the companies hope to close the deal soon, but by Aug. 3 at the latest.
The May 2001 deadline appears to allow AT&T to divest Liberty Media without tax consequences. The company acquired Liberty with its acquisition of Tele-Communications Inc. in March 1999, and sale before two years would have been considered a liquidation, subject to heavy penalties from the Internal Revenue Service.
However, two years is simply the minimum time required, and not a guarantee against tax liabilities, according to Scott Cleland, telecommunications analyst with the Legg Mason Precursor Group. Indeed, the FCC's flexibility could come back to haunt AT&T.
"The IRS has to rule that divestiture was forced by government," Cleland said. "If the government is not explicit, the sale may or may not comply" with IRS rules.
The Justice Department signed off on the deal in late May after AT&T agreed to sell MediaOne's stake in RoadRunner, a company that provides high-speed Internet access over cable. AT&T has a stake in another such service, Excite@Home (ATHM), which, combined with Road Runner, would have given AT&T control over the largest cable broadband providers.
Prior to divestiture, AT&T faces interim conditions meant to isolate programming interests from the Time-Warner Entertainment cable systems. Failure to comply could result in fines of up to $100,000 for the first failure, and $250,000 for additional failures, with additional penalties of up to $10,000 per day and up to $100,000 per day after five days of failing to resolve the issue. -Mark Wigfield, Dow Jones Newswires; 202-828-3397; mark.wigfield@dowjones.com
(END) DOW JONES NEWS 06-05-00
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