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To: anthony karpati who wrote (5000)6/16/1999 8:16:00 PM
From: dwight martin  Read Replies (2) | Respond to of 13157
 
If this were an ordinary stock, I'd hope that the reversal today signalled a bottom. But it could also be that the mai-tais were served early in Boca or wherever . . . .



To: anthony karpati who wrote (5000)6/16/1999 9:51:00 PM
From: Craig Jacobs  Read Replies (1) | Respond to of 13157
 
Welcome Back Anthony, long time no see,

related....

AT&T asks court to overturn open access ruling
By John Borland
Staff Writer, CNET News.com
June 16, 1999, 1:50 p.m. PT
AT&T said today it is seeking a expedited appeal of a recent federal
court ruling that could force it to open its cable Internet networks to
outside ISPs.

In addition, AT&T executives said they would not roll out the high-speed
@Home cable Internet service in Portland until the appeal had been
completed.

A federal judge in Portland, Oregon ruled nearly two weeks ago that the
city had the legal right to force AT&T to allow other ISPs to offer
their service over its cable network, a mandate that AT&T and other
cable companies have so far resisted.

This "open access" mandate has been a focus of ISPs like AOL and
MindSpring, and competing telephone companies like GTE , since AT&T
announced its merger with Tele-Communications Incorporated last year.

Currently, AT&T and other cable
Quote SnapshotJune 16, 1999, 1:01 p.m. PTAt Home Corp. ATHM94.7500
+14.6875 +18.35% AT&T Corp. T54.3125+1.3750 +2.60% America Online Inc.
AOL106.5000+11.7500 +12.40% GTE Corporation GTE69.6250+0.4375 +0.63%
 
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Quotes delayed 20+ minutes
companies require their cable Internet subscribers to use an affiliated
ISP, such as Excite@Home.

AT&T said shortly after the Portland ruling that it believed the judge
had misread the issues in the case, and said it would pursue further
legal options. Today the company filed for an appeal, asking the
often-clogged 9th Circuit U.S. Court of Appeals for an expedited hearing
of the case.

In its filing with the court, the company argued that the federal Cable
Act bars cities from forcing cable companies to open their networks to
competitors.

"The ruling requires that AT&T provide essentially an unbundled
communications service as a condition of offering cable service," said
AT&T attorney Mark C. Rosenblum in a press conference announcing the
appeal. "That is exactly what the law says municipalities can't do."

The company is not filing for a stay of the decision, which would
immediately prevent the judge's ruling from going into force, largely
because the cable Internet service is not yet available in Portland.
"We're not in an emergency or crisis situation," said AT&T general
counsel Jim Cicconi.

Nevertheless, the company says it will suffer "irreparable harm" if it
is forced to live under the earlier ruling, since it will be prevented
from rolling out the @Home service in Portland.

"We are unable to [roll out @Home] without violating the ordinance
they've put in place," Cicconi said. "We have no legal or technical
ability to comply with the ordinance."

The company's technical ability to open its cable Net systems to outside
ISPs has been the source of considerable contention over the last few
weeks, however.

AOL and GTE released news of a trial project on Monday, in which America
Online and CompuServe had successfully linked into GTE's cable services
for two months. AT&T and @Home executives responded today saying that
the trial project had ignored technical issues that would be problematic
in a large-scale rollout of an open-access cable system.

The Portland decision has sent shockwaves through the policy community
over the last several weeks, bringing open access back to the forefront
of debate.

Yesterday, Federal Communications Commission chairman William Kennard
blasted the Portland judge's decision, saying that allowing each
individual city to make its own open access policy would lead to
"chaos."

"It is in the national interest that we have a national broadband
policy," Kennard told an appreciative audience at the National Cable
Television Association convention in Chicago.

Nevertheless, AT&T lawyers said they believed they had to win their case
in court, rather than going through the FCC.

"As a practical matter, we don't think the FCC has the power to step in
and reverse a federal court decision," Rosenblum said.