I guess ATHM will have to split into two companies, one is NDSP and the other is the ISP. Same with AOL and any others. We need a competitive market at every separate and distinct level.
By your own assertion we are staying within cable and I think that's right. There is the cable industry separate and distinct from the DSL and wireless industries. So to satisfy the Bork Rule there would be ATHM BB, AOL BB, and say, HSAC BB, within the NDSP level.
Upon reflection, I believe you are right. Staying within cable, 3 to 4 firms must establish themselves within the NDSP level. The DOJ decision regarding AT&T's ownership of RR is consistent with this view. Therefore, the DOJ will also ensure that AOL does not dominate this level (which doesn't seem possible, anyway). For consistency then, RR should evolve into a NDSP, with the RR ISP Brand being absorbed by AOL.
We can assume emergence of a third or fourth NDSP will be guaranteed by the existence of non-ownership affiliated, with regards to ATHM or RR, MSOs.
The MSOs have already guaranteed open access, which will satisfy the Bork rule at the "ISP" level. |
