August 6, 1999 SEPARATE STATEMENT OF COMMISSIONER HAROLD FURCHTGOTT-ROTH Re: Oncor Communications, Inc. (File No. ENF 95-04) I support today's Order denying various petitions and letters requesting reconsideration of our Consent Decree with Oncor Communications. In this Order, the Commission concludes that it was proper to participate in private negotiations that resulted in a Consent Decree terminating an enforcement matter. I write separately to distinguish this legitimate exercise from the wholly improper, months-long, secretive set of negotiations between FCC bureau staff, at the direction of Chairman Kennard, and the applicants in the proposed SBC/Ameritech license transfer. Whereas negotiations in the context of an enforcement matter are a common, efficient means of resolving a notice of apparent liability, secret meetings to discuss a license transfer are unprecedented. I repeat here my strenuous opposition to the latter. * * *