To: Sully- who wrote (44612 ) 12/1/2001 12:53:54 AM From: stockman_scott Respond to of 65232 Excite Internet Service Given Go-Ahead to Unplug Friday November 30, 11:07 pm Eastern Time By Jim Christie SAN FRANCISCO (Reuters) - A federal judge ruled on Friday that bankrupt ExciteAtHome Corp. (OTC BB:ATHMQ.OB - news) may unplug its high-speed Internet service, a move which threatens to strand some 4.1 million Internet customers around the country. Judge Thomas Carlson of the U.S. Bankruptcy Court in San Francisco said Excite's bondholders, fighting a $307 million buyout offer by AT&T Corp. (NYSE:T - news), should not be forced to keep the service running while they seek a better deal. The ruling left ExciteAtHomes's clients -- who represent about 45 percent of the cable modem users in North America, including small-business owners, telecommuters and students -- in limbo as lawyers went back to the bargaining table on Friday. The threatened shut-down could occur any time after midnight (3 a.m. EST) Saturday, although Carlson expressed confidence that Excite and the cable companies, which run the connections to the high-speed network, would reach an agreement preventing serious service disruptions. Analysts and regulators warned that the high-profile brinkmanship could nevertheless leave customers exasperated and slow the cable industry's push into broadband services, which is already feeling the drag of the recession in the U.S. economy. Federal Communications Commission Chairman Michael Powell, said any move to shutter the AtHome service -- launched six years ago as a pioneer in the drive to provide Internet access via cable lines -- would represent ``one really big step backwards.'' Lawyers representing bondholders said they had no immediate plan to shut down service, but could do so ``at a moment's notice.'' 'BURDENSOME' CONTRACTS ``Right now their intention, until we see what people are willing to do, is to continue providing service,'' attorney William Weintraub said. The cable companies, which include AT&T Broadband, Cox Communications Inc. (NYSE:COX - news) and Comcast Corp. (NasdaqNM:CMCSK - news), had sought to stop ExciteAtHome from pulling the plug, saying the millions of people who rely on the service should not be left in the lurch. But Carlson ruled Friday that ExciteAtHome, formed in a $6.7 billion merger between portal and search-engine Excite Inc. and Internet provider AtHome in 1999, should be allowed to disengage from ``burdensome'' contracts with the cable companies. Carlson rejected an immediate request by the cable companies to stay his own order Friday. Lawyers said the cable companies had taken their stay request to the 9th Circuit Bankruptcy Appellate Panel in Pasadena, California. Carlson's ruling set off a fresh round of talks between Excite's bondholders and the cable companies amid a warning of ''substantial impact'' on ExciteAtHome's consumer Internet service. ``Most unfortunately, the court's decision is likely to result in temporary disruptions for ExciteAtHome customers,'' Robert Sachs, president of the National Cable & Telecommunications Association, a trade group, said in a statement. ExciteAtHome, which until recently had exclusive deals with the major cable companies, wants a bigger slice of monthly subscriber fees. An estimated 65 percent -- or $30-- of the roughly $46 that broadband users pay each month goes to the cable companies under the contracts now up for review. TOO LITTLE ``Once rejected, the cable companies must negotiate new agreements acceptable to the company or risk the possibility that the AtHome service may be terminated,'' Excite said in a statement. The bankruptcy court ruling also increased the pressure on AT&T to offer more to buy ExciteAtHome's high-speed service. Bondholders have rejected AT&T's $307 million offer, saying the deal would leave little cash to repay creditors. The major cable companies said they would continue talks, but also announced plans to take their business elsewhere if negotiations break down. AT&T said it is prepared to move its 800,000 customers to its own high-speed Internet network within two weeks, and that it would credit customers whose service was disrupted in the event ExciteAtHome shuts down. Representatives of Cox and Comcast said they were talking with Excite, hoping to avoid service interruptions while also working to establish their own back-up networks. Attempting to capitalize on the confusion, DirecTV's broadband unit said it would offer two free months of high-speed Internet service at no charge to cable users who sign year-long contracts. EXPLOSIVE GROWTH Excite had a period of explosive growth and credited with helping to advance the Internet from a text-based service to one featuring rich images and sounds. But it also struggled to shed loss-making media operations and its deepening problems were seen as a sign of the tougher market for broadband Internet services, which have only penetrated about 10 percent of U.S. households. ExciteAtHome, which filed for bankruptcy in late September, briefly stopped providing Internet access in October, but resumed after reaching interim agreements with the cable companies. Analysts said the judge's decision boosted pressure on all sides to find a way out of their impasse. ``I think there's going to be a lot of late night negotiations from the cable side,'' AG Edwards analyst Mike Kupinski said. Joe Laszlo. of Jupiter Media Metrix, said the shutdown threat was a negotiating tactic by creditors. ``They don't want it to shut down as much as getting AT&T back to the table. It's still a dangerous game from consumers' standpoint and cable operators' standpoint. The game is continuing,'' he said.