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AT&T passed on chance to petition FCC for permission to use compa...

AT&T passed on chance to petition FCC for permission to use company’s planned spinoff of Liberty Media Group to satisfy Commission’s MediaOne divestiture requirements. FCC’s Jan. 16 deadline for written petition came and went without word from AT&T, which…

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wrestled with agency last month over how to meet merger divestiture conditions. AT&T spokesman said MSO hadn’t planned to file petition and preferred to “not elaborate” on its previous statements. FCC Cable Bureau spokeswoman also declined comment. In unexpectedly tough order Dec. 21, Commission told AT&T to carry out its stated commitment to shed its 25.5% stake in Time Warner Entertainment (TWE) or place it in irrevocable trust for sale by May 19 even though company said it preferred to meet merger conditions by spinning off its Liberty Media programming unit (CD Dec 26 p1). But FCC said AT&T still could petition agency to modify order by Jan. 16 by submitting written request “with an appropriate showing as to why such a modification would serve the public interest.” AT&T spokesman said company stood by its earlier statements in which it agreed that it had elected to divest TWE to meet Commission’s Dec. 15 election requirement but insisted that it also was proceeding with plans to spin off Liberty. Issue also is key to FCC’s recent approval of AOL’s takeover of Time Warner (TW). In accepting AOL-TW deal last week, both outgoing FCC Chmn. Kennard and Republican Comr. Powell, widely expected to succeed him, stressed importance of severing ownership links between AT&T and TW.