Northwestern Indiana Telephone Company - Page 35

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            desist order against NICATV and NITCO.                                                     
                  On March 18, 1985, the FCC, after concluding that NICATV and                         
            NITCO were affiliated companies and that they had violated the                             
            FCC's cross-ownership rules, ordered NICATV and NITCO to:  (1)                             
            Divest all cable television facilities constructed in violation                            
            of the FCC's rules and terminate all improper affiliations                                 
            between NICATV and NITCO, and (2) undertake to negotiate a good                            
            faith settlement of the cable television company-complainant's                             
            claim for damages.  The FCC further proposed to impose a $20,000                           
            fine against NITCO.  On August 13, 1985, the FCC denied NITCO's                            
            motion for reconsideration and reaffirmed its prior March 12,                              
            1985, order.                                                                               
                  In November 1985, NICATV and NITCO concluded a settlement                            
            with the cable television company-complainant that disposed of                             
            the complainant's claim against them.  The FCC, however, declined                          
            to terminate the proceedings and rescind its prior orders                                  
            requiring NICATV and NITCO to divest themselves of the cable                               
            television facilities.                                                                     
                  Until about 1990, NITCO and NICATV continued to dispute the                          
            validity of the FCC orders requiring a divestiture of the cable                            
            television facilities.  At various times during the period from                            
            August 1985 through 1990, they sought to have the FCC's actions                            
            reviewed and invalidated by the United States Court of Appeals                             
            for the District of Columbia Circuit and the United States                                 
            Supreme Court.  Ultimately, the Court of Appeals upheld the FCC's                          




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