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 Federal  Communications  Commission  DA  00-  2648 
 Before  the 
 Federal  Communications  Commission  Washington,  D.  C.  20554 


 In  the  Matter  of 
 Applications  of  America  Online,  Inc. 
 And  Time  Warner,  Inc. 
 For  Transfers  of  Control 


 )  ) 
 )  ) 
 )  ) 
 ) 


 CS  Docket  No.  00-  30 


 ORDER 
 Adopted:  November  22,  2000  Released:  November  22,  2000 
 By  the  Chief,  Cable  Services  Bureau: 
 1.  In  this  order,  we  terminate  a  provision  of  a  prior  order  that  barred  the  Walt  Disney 
 Company  (Disney)  and  its  legal  counsel  from  inspecting  confidential  documents  subject  to  a 
 protective  order  issued  in  this  proceeding.  America  Online,  Inc.,  DA  00-  2304  (Oct.  10,  2000). 
 We  find  that  Disney  and  its  counsel  have  complied  with  the  conditions  associated  with  this 
 provision.  We  barred  inspection  because  Disney  notified  us,  on  September  27,  2000,  that  an 
 attorney  associated  with  one  of  Disney’s  outside  counsel  violated  the  terms  of  the  protective  order 
 by  disclosing  summaries  of  confidential  documents  obtained  from  American  Online,  Inc.  (AOL) 
 to  persons  not  authorized  to  view  them.  Our  prior  order  precluded  Disney  and  its  counsel  from 
 further  inspection  of  confidential  records  until  they  submitted,  and  the  Commission  approved, 
 measures  they  would  adopt  to  ensure  that  no  future  breaches  of  the  protective  order  would  occur. 


 2.  Disney  and  its  outside  counsel  have  now  submitted  the  measures  they  intend  to  take  to 
 avoid  future  violations  of  the  protective  order.  Joint  Response,  filed  October  13,  2000,  by  Disney 
 and  Verner  Liipfert,  Attachments  5-  6.  AOL  does  not  object  to  these  proposed  measures.  See 
 Reply  to  Walt  Disney  Company’s  Joint  Response,  filed  October  19,  2000,  by  AOL  at  13-  15.  We 
 find  that  the  measures  represent  a  realistic  and  good  faith  attempt  to  avoid  future  violations. 


 3.  We  will,  therefore,  permit  Disney  and  its  counsel  to  resume  inspecting  confidential 
 documents  subject  to  the  protective  order,  provided  that  they  implement  the  proposed  measures. 
 This  interlocutory  action  does  not  constitute  a  final  disposition  of  the  questions  concerning  the 
 violation  of  the  protective  order.  We  will  address  these  questions,  including  whether  additional 
 sanctions  should  be  imposed  and  the  details  of  the  proposed  corrective  measures,  in  a  separate 
 memorandum  opinion  and  order. 
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 Federal  Communications  Commission  DA  00-  2648 
 2 
 4.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  the  authority  delegated  under  47 
 C.  F.  R.  §  0.  321,  that  the  provision  in  Order,  DA  00-  2304  (Oct.  10,  2000)  providing  (at  ¶  6)  that 
 “Disney  and  its  counsel  are  precluded  from  any  further  inspection  of  confidential  documents 
 submitted  under  the  Protective  Order  .  .  .  .  ,“  consistent  with  paragraph  3,  supra  IS 
 TERMINATED. 


 FEDERAL  COMMUNICATIONS  COMMISSION 
 Deborah  Lathen 
 Chief 
 Cable  Services  Bureau 
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