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To: ERM who wrote (2998)10/28/1998 1:44:00 PM
From: ahhaha  Respond to of 29970
 
By the Master Agreement Shaw and Rogers aren't so bound. They can directly engage Road Runner for instance. The stipulations under the Agreement were written to give the participants a feeling of redress or recourse in case of unforeseen problems arising. There is no way that ATHM would legally proceed against one of its partners if that partner wanted to run Road Runner in an area demanding that the MSO provide it. ATHM would be shooting itself in the foot if it did. In fact, the exclusivity clauses are essentially illegal. They restrain trade. You can't have a binding agreement based on an illegality. You have a point on the regulatory environment. ATHM will have to rewrite that aspect of the Master Agreement in order to comply with a status of competitive free market and the MSOs will have to concur. It isn't an issue internally, so I doubt that there will be any consequence among partners.