Let's review:
<<TCI's President, Hindery, has already stated that they would provide access to AOL when Case started carping>>
This is why I said you were missing the point. Your post was referring to the ability of ATHM users to get access to AOL content. That is different than the issue of AOL as an Internet access provider getting equal access to cable drops.
<<Who said anything about partnership?>>
Technically not you, although I was referring to your statement that: "If ATHM cuts a deal with AOL, how do either lose? ATHM gets this vast established market and AOL gets this great delivery." I did not use the word "partnership" in a legal sense, but rather a practical one.
<<If you want to know all the points, go back in the thread and check my extensive commentary on this subject before the T offer.>>
I do not recall you ever discussing the issue of cable operators being classified as common carriers by the FCC. If you did, then I apologize for wasting your time with issues you knew all about and foretold 9 months ago.
<<This issue is not a consequence of the merger.>>
That strikes me as politically naive. Yes, AOL would be unhappy if TCI had dumped billions into their plant. However, given the current climate in Washington, the AT&T/TCI deal provides a much better platform for AOL to raise these issues. As you yourself said, "TCI's President, Hindery, has already stated that they would provide access to AOL when Case started carping. Indeed, that is the intent of the Telcom Act of '96 even though the airheads at the FCC can't see it that way."
As for all of your legal arguments, I understand them very well. You'll note that in both my posts I said I didn't think this would come to pass. Nevertheless, I'm sure we could both point to FCC rulings that are totally inconsistent with the law. Even you seem to agree with me ("I can assure you that the FCC socialists will interfere and make a mess of the situation") that the FCC is, at best unpredictable.
In the article you provided a link to, Chairman Kennard is quoted as asking Mr. Hindery, "I'm interested in how competitors who want access to your networks will be able to get access". You'll note that he didn't say, "I'm interested in how your customers will get access to your competitors content". There is a big difference between the two queries, and that is why I repeat that this issue bears watching, at least for those of us who do not share your gift of prescience.
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