Northwestern Indiana Telephone Company - Page 36

                                               - 36 -                                                  
            actions, and the Supreme Court denied NITCO and NICATV's petition                          
            for a writ of certiorari.  See Northwestern Ind. Tel. Co. v. FCC,                          
            872 F.2d 465 (D.C. Cir. 1989), cert. denied 493 U.S. 1035-1036                             
            (1990).  These proceedings involving NICATV and NITCO before the                           
            FCC, the Court of Appeals for the District of Columbia Circuit,                            
            and the Supreme Court, are collectively referred to for                                    
            convenience as the divestiture action.                                                     

            Enforcement Action                                                                         

                  During 1985 and 1986, after learning that NICATV and NITCO                           
            were commencing appellate proceedings to have the FCC's 1985                               
            orders reviewed by the Court of Appeals for the District of                                
            Columbia Circuit, the FCC offered to them the option of placing                            
            the alleged unlawfully constructed cable television facilities in                          
            trust, pending the outcome of the appellate proceedings.  NICATV                           
            and NITCO, however, were unable to reach an agreement with the                             
            FCC concerning such a trust, as the FCC, among other things,                               
            proposed that any appreciation in the cable television                                     
            facilities, during the period that the facilities were held in                             
            the trust, be contributed to charity if the FCC's position were                            
            sustained.  The Court of Appeals for the District of Columbia                              
            Circuit subsequently declined NICATV and NITCO's request to have                           
            the FCC orders stayed.  When NICATV and NITCO further declined to                          
            divest themselves of the cable television facilities, the FCC                              
            referred the matter to the Department of Justice for purposes of                           




Page:  Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  Next

Last modified: May 25, 2011