To: Kenneth E. De Paul who wrote (4068 ) 6/7/1999 2:21:00 AM From: chirodoc Respond to of 12823
the ws journal--evenhanded analysis.............June 7, 1999 Oregon Ruling Could Hurt AT&T Plan To Offer Internet Access on Cable Lines By KATHY CHEN and LESLIE CAULEY Staff Reporters of THE WALL STREET JOURNAL A federal court ruling against AT&T Corp. could throw a wrench into the company's plan to offer speedy Internet access via cable-television lines. In a closely watched case, the U.S. District Court for Oregon ruled Friday that the city of Portland can require AT&T to open to competing Internet-service providers the high-speed lines it acquired in its takeover of cable company Tele-Communications Inc. The court said that the city has the right to link the condition to its approval of the deal, to protect competition. AT&T argued, among other things, that the city doesn't have such jurisdiction. AT&T, British Telecommunications to Unveil Managers of Joint Venture With Its Excite Merger, At Home Faces the Pressure (May 28) * * * Company Profile: AT&T Although AT&T said it would appeal, the ruling could spur other local governments to take similar action, generating headaches for AT&T and other cable TV companies. The decision also is expected to force the Federal Communications Commission to implement a uniform national policy to head off a hodgepodge of local regulations. With most FCC members leery of regulating the Internet, that policy most likely would consist of the agency pre-empting local governments and restating its intent not to require cable companies to open their pipes. AT&T downplayed the ruling and said it wouldn't affect its plans to roll out telephone and fast Internet services over cable lines. "I have zero expectations that the [court] decision will stand," said AT&T general counsel Jim Cicconi. "The impact will be limited and confined to Portland." Scott Broyles, a spokesman for the National Cable Television Association, agreed that "one shouldn't overread this." Internet companies hailed the ruling. "We're very pleased the court has ... endorsed the right of cities to protect consumer choice and competition in cable-delivered Internet service," said George Vrandenburg, a senior vice president for America Online Inc. AOL led a coalition to lobby for regulations requiring "open access" to cable lines. So far, AT&T has committed $120 billion to buying cable companies, including TCI and MediaOne Group Inc., in a bet that in the future cable lines will serve as the primary carrier of video, telephone and Internet services. These deals will leave AT&T with access to more than 60% of U.S. cable homes. But the company has said these investments won't be worthwhile if it must open its cable lines to competitors. Following the court ruling, that is just what some cities could require AT&T to do. Besides Portland, which has made its approval of the AT&T-TCI deal contingent on open cable access, several other cities are considering similar measures. Los Angeles and Seattle have included "me-too" provisions in their recent transfer agreements with AT&T, which would allow them to revisit transfer terms if another locality successfully pushed through such a requirement. More problems could arise for AT&T when it seeks approval from hundreds of municipalities for its MediaOne deal. Many large cities will need to approve it, and "we could see a real big fight," said Scott Cleland, managing director at Legg Mason Precursor Group in Washington. To some extent, that could hinge on the outcome of AT&T's appeal. Telecommunications lawyers said that while the ruling has merit, an appeals court could overturn it on several possible arguments, including that the case shouldn't have been considered under cable regulations because it mainly involves Internet services. The FCC is expected to step in before the appeals process concludes. Up to now, the agency has said it would take a wait-and-see attitude toward regulating cable because it remains unclear what medium will ultimately serve as the main transport for the Internet. But with AT&T likely to petition the FCC to get involved on the grounds that the Internet is an interstate issue over which the agency has jurisdiction, the FCC could take action. The short-term victim could be the share prices of companies involved. On Friday, Excite At Home Corp., which has access to AT&T's cable properties because of the latter's stake in Excite At Home, dropped 11% to $94.50 in Nasdaq Stock Market trading, while MediaOne closed down $2 to $71.625 in composite trading on the New York Stock Exchange. In contrast, AOL jumped $12.25 to $118 on the Big Board.