To: michael97123 who wrote (40141 ) 9/21/2000 1:43:35 AM From: puborectalis Read Replies (1) | Respond to of 41369 FINALLY!.....Report: FCC Staff Backs AOL-TW Deal WASHINGTON (Reuters) - The staff of the Federal Communications Commission (FCC) has recommended the agency approve the $183 billion merger of America Online Inc (NYSE:AOL - news) and Time Warner Inc (NYSE:TWX - news), if the firms agree to conditions on Internet access, the Washington Post reported Thursday. The paper said it had obtained a draft order, but quoted sources as saying the document represented an early snapshot of FCC staff thinking and that the review was not complete. The sources told the Post the FCC could still move to block the deal if the companies did not accept substantial conditions. One condition outlined in the draft would require the companies to make legally binding their pledge to allow rival providers of high-speed Internet access to reach customers over their cable television systems, the Post reported. The draft order raises concerns about the intensifying control of the nation's cable television systems by a handful of huge companies at a time when the industry has emerged as the leader in high-speed Internet service. But it concludes that an ``open access'' condition -- a rule requiring that Time Warner's cable customers be allowed to freely choose their Internet provider -- would sufficiently protect against potential collusion by the company with AT&T Corp (NYSE:T - news). AT&T and Time Warner, the nation's two largest providers of cable service, are joint investors in a cable partnership. AOL is the world's most-frequented gateway to the global computer system. Linking those three players ``would create a powerful duopoly through which AOL/Time Warner and AT&T would have the ability and incentive to coordinate their cable deployment strategies,'' the FCC staff draft, dated Sept. 8, warns. Consumer advocates have been urging regulators to forcibly pry apart AT&T and Time Warner, making the dissolution of their partnership a condition of merger approval. FCC officials have not ruled out such a condition, the Post quoted one source with knowledge of the FCC review as saying. The FCC has set an Oct. 12 deadline for its staff to issue a recommendation to Chairman William Kennard, the Post said. It quoted the chief of the FCC's cable bureau as saying the agency had yet to arrive at any conclusions. ``I personally have not made any recommendations to the chairman or any of the commissioners,'' said bureau chief Deborah Lathen. ``We are still at the preliminary stages of analyzing this merger.'' The Federal Trade Commission in Washington and the European Union in Brussels, are also reviewing the deal. Both agencies harbor strong concerns about the merger amid growing worry that too much video programming, Internet content and music is controlled by too few corporate hands. FTC attorneys have said they are prepared to block the deal if AOL and Time Warner fail to guarantee that competitors have access to Time Warner's high-speed cable lines. Under the conditions proposed in the draft, AOL and Time Warner would have to formally enact their memorandum of understanding saying that they will share their cable systems with Internet rivals, according to the Post report. Specifically, the merged company would have to allow rival Internet services to link to its network on ``nondiscriminatory terms.'' It would have to supply customers with software allowing them to choose from an alphabetical list of available providers, and it would have to allow those service providers to bill customers directly.