Communications-related Headlines for 12/15/00

MERGER
AOL and Time Warner Gain Approval for Huge Deal, but With Strict
Conditions (NYT)
FTC Action A Major Step Towards Open High-Speed Internet Access
(CME)
Protecting Cable Customers (NYT)

INTERNET
Aliases Subject Of Internet Libel Case (NYT)

BROADBAND
Qwest Asks for Access to AT&T's Network (NYT)

TECH POLICY
Bush Spells Trouble For Economy, Tech Policy (SJM)

MERGER
FTC APPROVES AOL-TIME WARNER MERGER
Issue: Merger
The Federal Trade Commission has approved the proposed merger of America
Online and Time Warner, clearing the way for the creation of the world's
biggest media business. The agency's approval came after the two companies
agreed to stringent conditions meant to ensure competition in providing
Internet services and the interactive television systems of the future. By
requiring the merged AOL Time Warner to offer users a choice of providers
for high-speed Internet access over its cable systems, analysts said, the
FTC's order may encourage lower prices and innovative services--from online
music subscriptions to new ways to purchase items while watching television.
The biggest remaining official hurdle is winning the approval of another
important American regulator, the Federal Communications Commission. The FCC
has indicated that it can approve the deal by the end of this month. The
consent decree also requires AOL Time Warner not to use its technology to
interfere with any interactive television service its cable subscribers
choose to use. To promote the spread of high-speed telephone services as
competition for fast cable links, the decree requires the merged company to
continue offering AOL over digital subscriber line services in Time Warner's
cable markets.
[SOURCE: New York Times (A1), AUTHOR: Stephen Labaton]
(http://www.nytimes.com/2000/12/15/technology/15DEAL.html)
(requires registration)
See Also:
FTC APPROVES AOL-TIME WARNER DEAL
[SOURCE: Wall Street Journal (A1), AUTHOR: ]
(http://interactive.wsj.com/articles/SB97681324486436400.htm)
(requires subscription)
AOL MERGER CLEARS LAST BIG HURDLE
[SOURCE: Washington Post (A01), AUTHOR: Alec Klein]
(http://washingtonpost.com/wp-dyn/articles/A7571-2000Dec14.html)
FTC APPROVES $105B MERGER OF AOL, TIME WARNER
[SOURCE: USAToday (1A), AUTHOR: Paul Davidson]
(http://www.usatoday.com/usatonline/20001215/2920976s.htm)

FTC ACTION A MAJOR STEP TOWARDS OPEN HIGH-SPEED INTERNET ACCESS
Issue: Merger
Jeff Chester, executive director of the Center for Media Education (CME),
one of the four consumer groups that opposed the merger and called for
open-access regulations, praises the FTC for arriving at an agreement that
sets up a number of basic merger safeguards: "These were difficult
negotiations, with a lot of high-stakes lobbying on all sides, and Chairman
Pitofsky and the FTC are to be commended for striking a balance between
corporate concerns and the public interest."

[SOURCE: Center For Media Education]
(http://www.cme.org/access/broadband/ftcaolpr.html)

PROTECTING CABLE CUSTOMERS
Issue: Merger
Yesterday, the Federal Trade Commission approved an innovative agreement
that permits the AOL/Time Warner merger to go forward, but still attempts to
protect the diversity of news and entertainment that flow into American
homes. Many feared that a combined company would reduce competition among
companies that provide high-speed access to the Internet. The Times claims
that the commission has satisfactorily answered the threat by requiring Time
Warner to offer customers in large markets at least three independent
Internet companies from which to choose. This is the first time that
monopolistic cable companies have been required to offer their customers a
choice.
[SOURCE: New York Times (A28), AUTHOR: ]
(http://www.nytimes.com/2000/12/15/opinion/15FRI2.html)
(requires registration)

INTERNET
ALIASES SUBJECT OF INTERNET LIBEL CASE
Issue: Internet
Last week Judge Richard L. Williams of the federal district court in
Richmond, Va., gave his seal of approval to a jury's verdict that awarded
$675,000 in compensatory and punitive damages to Dr. Sam D. Graham Jr., a
urologist in private practice in Virginia and former head of the department
of urology at Emory University School of Medicine. According to evidence
presented at the trial, Dr. Graham was the subject of statements published
on a Yahoo message board accusing him of accepting illegal kickbacks while
at Emory and of leaving the school under a cloud. The statements were
written by an individual who went by the handle "fbiinformant" and who was
later discovered to be Dr. Jonathan R. Oppenheimer, a pathologist based in
Nashville. A jury found that Oppenheimer and a company he operates were
guilty of defamation and intentional infliction of emotional distress.
Lawyers say the case may well represent the first time in the United States
that a jury imposed a substantial libel award against a defendant who
published an anonymous Internet message.
[SOURCE: New York Times (), AUTHOR: Carl S. Kaplan]
(http://www.nytimes.com/2000/12/14/technology/15CYBERLAW.html)
(requires registration)

BROADBAND

QWEST ASKS FOR ACCESS TO AT&T'S NETWORK
Issue: Broadband
Qwest Communications said on Thursday it had asked AT&T to let it connect
to AT&T's cable networks in Colorado and Washington as it readies to launch
high-speed Internet access cable modem services in those areas. AT&T's
spokesman in Denver could not be immediately reached for comment on Qwest's
request. ``AT&T can not discriminate against its competitors by prohibiting
access to those facilities for the provision of such service,'' Qwest said
According to the company, AT&T has repeatedly argued that Qwest must open
its network and systems to competitors, but in return, has refused any
request for opening its own network.
[SOURCE: New York Times (Online), AUTHOR: Reuters]
(http://www.nytimes.com/reuters/technology/tech-qwest-att-dc.html)
(requires registration)

TECH POLICY

BUSH SPELLS TROUBLE FOR ECONOMY, TECH POLICY
Issue: Regulation
According to San Jose Mercury columnist Dan Gillmor, President Elect George
W. Bush "has shown disinterest, if not outright cluelessness" on critical
issues of technology policy. "Bush seems inclined to give a free ride to the
age's ascendant oligopolists, monopolists and other market manipulators,"
says Gillmor. He goes on to predict that Bush will favor corporate interests
over the public interest in virtually every case.
[SOURCE: San Jose Mercury News, AUTHOR: Dan Gillmor]
(http://www0.mercurycenter.com/svtech/columns/front/docs/dg121500.htm)

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