UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
September 10, 1987
United States of America, Plaintiff,
Western Electric Company, Inc., et al., Defendants
The opinion of the court was delivered by: GREENE
HAROLD H. GREENE, United States District Judge.
Upon consideration of the motions filed by the parties and intervenors, the report of the Department of Justice, the memoranda in support of and in opposition to such motions and such report, the reply memoranda and supplemental memoranda, and the report, the affidavits, and the other exhibits filed in support of such papers, the oral arguments heard on June 29, 30, and July 1, 1987, and the entire record herein, it is this 10th day of September, 1987, in accordance with an Opinion issued contemporaneously herewith,
ORDERED that all motions requesting removal, in whole or in part, of the interexchange services restriction imposed by section II(D)(1) of the decree be and they are hereby denied; and it is further.
ORDERED that all motions requesting removal, in whole or in part, of the restriction on the manufacture and provision of telecommunications products and the manufacture of customer premises equipment imposed by section II(D)(2) of the decree, as amended by section VIII(A) of the decree, be and they are hereby denied; and it is further.
ORDERED that the motions requesting removal of the restriction on "any other product or service, except exchange telecommunications and exchange access service, that is not a natural monopoly service actually regulated by tariff" imposed by section II(D)(3) of the decree be and they are hereby granted, and the decree be and it is hereby amended by the removal of section II(D)(3); and it is further.
ORDERED that the conditions heretofore attached to waivers granted by the Court of the restriction imposed by section II(D)(3) of the decree requiring that a Regional Company's non-telecommunications enterprise be operated through a separate subsidiary; that such subsidiary obtain debt financing only on its own credit; that the estimated net revenues from all non-telecommunications activities of a Regional Company not exceed ten percent of such company's net revenues; and that the monitoring and visitorial provisions of section VI of the decree shall apply to the subsidiary, be and they are hereby repealed as of this date; and it is further
ORDERED that any party or intervenor may, within twenty days hereof, file a proposed order implementing the modification of the restriction on information services described in Part VIII of the Opinion, together with an explanatory memorandum not to exceed twenty pages in length; that any party or intervenor may within fifteen days thereafter file a responsive memorandum not to exceed fifteen pages in length; and that any party or intervenor may within ten days thereafter-file a reply memorandum not to exceed ten pages in length; following which the Court will issue an Order modifying the section II(D)(1) information services restriction in accordance with Part VIII of the Opinion.
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