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To: ahhaha who wrote (2997)	10/28/1998 1:11:00 PM
From: ERM	Read Replies (1) \| Respond to of 29970

When you cut through all the b.s. (which by the way is found in the S1, not the 10K), Comcast and Cox are the only one's (subject to federal law) with real out clauses (particulary re: the T/TCI deal) on the exclusivity. Granted these two MSOs are large, but not large enough to say that "Exclusivity is so narrow that it is operationally meaningless". If it was operationally meaningless, then ATHM wouldn't include it in their agreements. The fact is, if for instance Shaw wanted to enter into an agreement for the provision of high speed internet service with Roadrunner, A CLEC, Qwest, etc. it would be precluded from doing so. As for the exclusions, you and I are obviously not reading them the same way. I do not view them as narrowly as you do (in fact I see nothing about content aggregation), but it's counterproductive to get in to that. You directed us all to your May post, and I was merely pointing out what I believe is an incorrect statement, which may have a bearing on the current regulatory process.