COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF TELECOMMUNICATIONS AND ENERGY CABLE TELEVISION DIVISION

MEDIAONE OF MASSACHUSETTS, INC., MEDIAONE GROUP, INC, AND AT&T CTV 99-6 CORP. Appellants, v. MAYOR OF THE CITY OF NEWTON Appellee.

MOTION FOR TAKING OF ADMINISTRATIVE NOTICE

MediaOne Group, Inc., MediaOne of Massachusetts, Inc. and AT&T Corp., (hereinafter referred to collectively as "Appellants") hereby jointly move, pursuant to 801 C.M.R. § 1.01(10), that the Division take Administrative Notice of the following materials in this proceeding: (1)

Appellants' Form 394 transfer application, and attachments thereto, as filed with the City of Newton and the Division on or about July 13, 1999; and (2) Summary of Proceedings and Magistrate's

Report of Special Magistrate Charles J. Beard, Esquire, dated September 24, 1999.

In support thereof, Appellants state the following:

1. The Division is entitled to take administrative notice of facts if the parties are

“notified of the material so noticed” and given an opportunity to contest the noticed facts. See 801

C.M.R. § 1.01(10); MASS. GEN. LAWS ch. 30A, § 11. Here, the materials to be noticed, the Form

394 and the Special Magistrate's September 24, 1999 Report are materials which have previously been filed with the Mayor of the City of Newton.

104174-1 2. This Division's predecessor, the CATV Commission, routinely took administrative notice of license applications and other materials in prior adjudicatory proceedings in the past. See, e.g., Southern Massachusetts Cablevision v. Board of Selectmen of Plymouth, CATV Docket No. A-

12 (April 15, 1981), para. 2 (administrative notice taken of “relevant portions of the [license] applications filed by the parties”); Vineyard Cablevision Corp. v. Boards of Selectmen, CATV

Docket No. A-28 (October 6, 1982), para. 2 (administrative notice taken “of any relevant portions of the applications which had been filed with the six towns.”). In contested rate regulation proceedings, the Commission also routinely took administrative notice of a variety of facts. Cf., e.g., the

Commission's files in Petition of Times Mirror Cable Television of Pioneer Valley, Inc., Docket No.

AFD-49 (1986), which include administratively noticed materials as part of the hearing record.

WHEREFORE, Appellants move that the Division take administrative notice of Appellants'

Form 394 transfer application, and attachments thereto, as filed with the City of Newton and the

Division on or about July 13, 1999; and Summary of Proceedings and Magistrate's Report of Special

Magistrate Charles J. Beard, Esquire, dated September 24, 1999.

104174-1 2 Respectfully submitted,

AT&T CORP. MEDIAONE GROUP, INC. MEDIAONE OF MASSACHUSETTS, INC.

By: ______By: ______Michael Morrissey Bartlett F. Leber Katherine P. White Jeff Fialky AT&T Corp. MediaOne Group, Inc. 99 Bedford Street 6 Campanelli Drive Boston, MA 02111 Andover, MA 01810 617-574-3162 978-683-5500

By: ______Paul Glist James F. Ireland Cole, Raywid & Braverman, L.L.P. 1919 Pennsylvania Avenue, NW Suite 200 Washington, D.C. 20006 202-659-9750

By: ______Kenneth Ira Spigle 246 Walnut Street Newton, MA 02460 617-964-7000

December 9, 1999

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