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To: Stuart C Hall who wrote (2925)	10/23/1998 1:42:00 PM
From: ERM	Respond to of 29970

If in fact cable operators are deemed common carriers, then today's pricing models go out the window. You can no longer assume that AOL will be available over cable "at ATHM pricing". Look at what happened to long distance rates after the AT&T breakup for clues as to where you'd be headed. That's why this is a critical issue. That being said, I agree that this is an unlikely scenario. However, for now, this is not in the hands of the courts, but rather the FCC, and that is not a good place to be. Our saving grace is that Kennard and not Hundt is presiding, so perhaps some common sense will prevail.