Filed pursuant to Rule 424(b)(3)
Registration No. 333-82402
PROSPECTUS SUPPLEMENT NO. 3
(TO PROSPECTUS DATED JULY 1, 2002)
ATX COMMUNICATIONS, INC.
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SHARES OF COMMON STOCK
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This Prospectus Supplement No. 3 supplements and amends the Prospectus
dated July 1, 2002, and amended on July 2, 2002 and July 16, 2002, relating to
the shares of common stock, par value $ 0.01 per share, of ATX Communications,
Inc., including the associated rights to purchase Series A Junior Participating
Preferred Stock of ATX Communications, Inc.
The purpose of this Prospectus Supplement is to provide supplemental
information that was contained in a current report on Form 8-K, dated August 2,
2002.
The Prospectus, together with all of the supplements filed to date
(including this supplement), constitutes the prospectus required to be delivered
by Section 5(b) of the Securities Act of 1933, with respect to offers and sales
of the Common Stock.
Prospective investors should carefully consider matters discussed
under the caption "RISK FACTORS" beginning on page 9 of the prospectus.
THESE SECURITIES HAVE NOT BEEN APPROVED OR DISAPPROVED BY THE
SECURITIES AND EXCHANGE COMMISSION OR ANY STATE SECURITIES COMMISSION
NOR HAS THE SECURITIES AND EXCHANGE COMMISSION OR ANY STATE SECURITIES
COMMISSION PASSED UPON THE ACCURACY OR ADEQUACY OF THIS PROSPECTUS. ANY
REPRESENTATION TO THE CONTRARY IS A CRIMINAL OFFENSE.
The date of this Prospectus Supplement No. 3 is August 2, 2002.
SECURITIES AND EXCHANGE COMMISSION
WASHINGTON, D.C. 20549
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FORM 8-K
CURRENT REPORT
PURSUANT TO SECTION 13 OR 15(d) OF THE
SECURITIES EXCHANGE ACT OF 1934
Date of report (Date of earliest event reported) July 30, 2002
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ATX COMMUNICATIONS, INC.
(Exact Name of Registrant as Specified in Charter)
Delaware 000-49899 13-4078506
(State or Other Jurisdiction (Commission (IRS Employer
of Incorporation) File Number) Identification No.)
110 East 59th Street, 26th Floor, New York, New York 10022
(Address of Principal Executive Offices) (Zip Code)
Registrant's Telephone Number, including area code (212) 906-8485
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CORECOMM HOLDCO, INC.
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(Former Name or Former Address, if Changed Since Last Report)
ITEM 7. FINANCIAL STATEMENTS AND EXHIBITS
Exhibits
99.1 Press release, issued July 30, 2002
ITEM 9. REGULATION FD DISCLOSURE
Telecommunications provider ATX Communications, Inc., said today that it
applauds the decision of the United States District Court in Cleveland upholding
its anti-trust and misrepresentation claims against Ameritech Ohio and
Ameritech's Texas-based parent company, SBC Communications, Inc.
SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934,
the registrant has duly caused this report to be signed on its behalf by the
undersigned hereunto duly authorized.
ATX COMMUNICATIONS, INC.
(Registrant)
By: /s/ Michael A. Peterson
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Name: Michael A. Peterson
Title: Executive Vice President -
Chief Operating Officer and
Chief Financial Officer
Dated: August 2, 2002
EXHIBIT INDEX
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Exhibit
99.1 Press release, issued July 30, 2002
Exhibit 99.1
[ATX logo]
FOR IMMEDIATE RELEASE
FOR MORE INFORMATION: Melissa Kaufman (800) 220-2892
mail: Melissa.Kaufman@atx.com www.atx.com
ATX/CORECOMM ACHIEVES EARLY SUCCESS AGAINST SBC/AMERITECH
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COURT UPHOLDS COMPANY'S ANTI-TRUST AND MISREPRESENTATION CLAIMS
AGAINST SBC/AMERITECH
Columbus, OH - July 30, 2002 - Telecommunications provider ATX Communications,
Inc. (Nasdaq: COMM), said today that it applauds the decision of the United
States District Court in Cleveland upholding its anti-trust and
misrepresentation claims against Ameritech Ohio and Ameritech's Texas-based
parent company, SBC Communications, Inc.
ATX, an integrated communications provider of local and long distance telephone,
Internet, and high-speed data services to residential and business customers in
the Midwest and the Mid-Atlantic states, filed its lawsuit through its CoreComm
subsidiary late last year alleging that SBC/Ameritech had, through a series of
anti-competitive and unlawful acts, maintained its monopoly over the market for
local telephone services in the Cleveland and Columbus areas. The Company also
alleged that SBC/Ameritech has made various negligent misrepresentations
concerning the quality of its services. SBC/Ameritech responded by asking the
court to dismiss CoreComm's claims instead of allowing them to be heard by a
jury.
In a thoughtful and well-reasoned decision released late yesterday, District
Court Judge Donald C. Nugent denied SBC/Ameritech's motion, holding that a
monopolist such as Ameritech Ohio may not "use its market power, whether
obtained lawfully or not, to prevent or impede competition." Judge Nugent also
found that, in enacting the Telecommunications Act of 1996, Congress did not
intend "to interfere in any way with the application of the antitrust laws." The
court also ruled that the Company's misrepresentation claims can proceed, and
that Ameritech Ohio's corporate parent and various affiliates can be sued in
Ohio court. As a result of the ruling, the Company will be allowed to proceed
with its case.
"This is a very significant win, not only for ATX, but also for the many people
in Ohio who are tired of being treated poorly by SBC/Ameritech and want choice
in local phone service," said Thomas Gravina, ATX's President and Chief
Executive Officer. "We are extremely pleased with the court's ruling and we're
looking forward to getting our evidence in front of a jury so they can have a
closer look at the sort of anti-competitive conduct that we've been forced to
endure since we began providing service in Ohio.
"The Telecommunications Act of 1996 was supposed to bring the benefits of local
phone competition to the people of Ohio and the rest of the nation," continued
Gravina. "We believe that the jury is going to be appalled at what SBC/Ameritech
has done in an effort to prevent us from delivering those benefits."
ABOUT ATX
Founded in 1985, ATX Communications, Inc. is a facilities-based integrated
communications provider offering local exchange carrier and inter-exchange
carrier telephone, Internet, e-business, high-speed data, and wireless services
to business and residential customers in targeted markets throughout the
Mid-Atlantic and Midwest regions of the United States. ATX currently serves
approximately 400,000 business and residential customers. CoreComm Newco, Inc.
is the subsidiary of ATX that provides telecommunications services in the state
of Ohio. For more information on ATX, please visit www.atx.com.
For further information, contact:
Bruce Bennett, Vice President for External Affairs: 312-445-1161.
SAFE HARBOR STATEMENT UNDER THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995
- Certain statements contained herein constitute "forward-looking statements" as
that term is defined under the Private Securities Litigation Reform Act of 1995.
Such forward-looking statements involve known and unknown risks, uncertainties
and other factors that may cause the actual results to be different from those
contemplated. We assume no obligation to update the forward-looking statements
contained herein to reflect actual results, changes in assumptions or changes in
factors affecting such statements.
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