Southern MultiMedia Communications, Inc. - Page 11




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         requisite.  See Webster's Third New International Dictionary 1510            
         (1986).  The language in Wometco's franchise agreements does not,            
         as of December 31, 1985, mandate, make indispensable, or make                
         necessary the rebuilds in issue.  Wometco's rebuilds that                    
         occurred after December 31, 1985, and before January 1, 1991, may            
         reflect sound business decisions by Wometco in order to maintain             
         the competitiveness of its cable television systems and to                   
         facilitate eventual renewal of the franchise agreements.  As of              
         December 31, 1985, however, Wometco was not required by specific             
         contract to undertake the six rebuilds.                                      
              In interpreting the supply or service transition rule,                  
         Wometco relies heavily on discussions that occurred on June 24,              
         1986, on the floor of the U.S. Senate as part of the                         
         congressional debate over provisions of the Tax Reform Act of                
         1986 as follows:                                                             

                   Mr. FORD:  * * * I simply want to make sure that                   
              those agreements to build and rebuild cable systems                     
              under cable franchise are treated as transition                         
              property under the supply or service contract rule. * *                 
              * Was it the intention of the Finance Committee to                      
              include cable television franchise agreements within                    
              the service and supply contract rule?                                   
                   Mr. PACKWOOD:  The Senator is correct.  The                        
              committee intends that cable television franchises                      
              generally do qualify as “supply or service contracts”                   
              for purposes of section 202(d)(3) relating to                           
              transition rules. * * *                                                 

         132 Cong. Rec. 15039 (1986).                                                 






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