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FCC MAY FLEX MUSCLE TO APPROVE AOL-TW MERGER

Regulators May Insist On Open Access To Instant Messaging, High-Speed Cable, Braves Games

The Wall Street Journal reports that federal regulators could force AOL to open its instant-messaging service to rivals as a condition of approving its acquisition of Time Warner.

Federal Communications Commission staff members also have concluded the agency should press Time Warner to open its high-speed cable lines to competitors beyond the extent to which the companies already have consented, people briefed on the review said.

The FCC staff proposals are only a first step in the merger review, which will continue for another month before it goes to the full commission for a vote. While the proposals could change significantly, they show the initial thinking of regulators who could make or break the deal.

Much of the review has been focused on terms and conditions to address the agency's main concern: that the merging companies give rival Internet service providers access to Time Warner's high-speed cable lines. The agency also is expected to take a first step Wednesday toward a national Internet "open access" policy that would apply to all high-speed cable-television operators, not just AOL.

The proposals now on the table suggest FCC staff members are ready to recommend that the agency approve the $129 billion transaction, though with conditions that could reach beyond what AOL and Time Warner have said they would accept.

The FCC has given itself 180 days to finish its review. That means approval of the deal could come by mid-October, if the companies and the agency can agree on terms.

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