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To: Rippletum who wrote (10574)	6/6/1999 1:10:00 AM
From: Nicholas Thompson	Respond to of 29970

interesting

To: Rippletum who wrote (10574)	6/6/1999 1:33:00 AM
From: ahhaha	Read Replies (1) \| Respond to of 29970

I agree that T made a shabby argument and I wasn't impressed by the the city's defense. They marched out a bunch of pseudo-applicable precedents which are not very strong. Argument from analogy isn't convincing and none of the precedents are adequately equivalent to the situation at hand. I guess I have to disagree with myself in a way because I don't see the legal merit, but I do see the economic one. I think I had it right when I said it is a tempest in a teapot. Before addressing the legal issues in this case, it is worth emphasizing what the open access condition does --and what it does not do. 1.The condition does not require ATT/TCI to provide any service. It will only take effect if ATT/TCI choose to offer an online service. 2.The condition requires ATT/TCI to provide non-discriminatory access to its "cable modem platform" for providers of Internet and on-line services. It is a "facilities requirement," as ATT/TCI graphically illustrated at oral argument. Each third party will be responsible for providing the facilities and equipment necessary to connect to the modem platform, and each will be responsible for providing its own service to subscribers. Each third party will pay ATT/TCI for access. 3.ATT/TCI will not be required to include the competing services of third parties as part of its own bundle of services. ATT/TCI remains free to offer subscribers the opportunity to purchase bundled services from it, but ATT/TCI will not be able to block or penalize a subscriber who may choose to take Internet or on-line services from another entity. ATT/TCI will not be able to control a bottleneck for high-speed access to the Internet.