News Media Contact: January 11, 2001 David Goodfriend or Mark Schneider: 202-418-2100 PRESS STATEMENT OF COMMISSIONER SUSAN NESS ON APPROVAL OF THE MERGER OF AOL AND TIME WARNER AOL and Time Warner: “You’ve Got Approval!” I am pleased to support with conditions the merger of AOL and Time Warner, combining the largest Internet service provider with the second largest cable operator and major content company. Because of the potential of this combination to abuse its market power, I could not have agreed to approve the applications without merger-specific conditions that will protect consumers’ interest in a vibrant, competitive broadband market. Bolstered by the narrowly crafted conditions we adopt today, consumers will reap the benefits of new and innovative broadband products and services stemming from the convergence of old and new media. The conditions will help jump-start interoperability between instant messaging services; enable competing ISPs to have broadband access to the Internet; and ensure that AOL Time Warner, in its good faith negotiations, takes into account the needs of small and regional ISPs. The Commission has heeded the call of multiple representatives of the Internet and technology communities to take action to preserve the openness and connectivity of the Internet without resorting to cumbersome and overly intrusive government regulation. I expect AOL Time Warner to work expeditiously to fulfill its commitment to this agency to establish interoperability with other instant messaging providers on terms that protect subscribers’ privacy and system security. We cannot predict with certainty what future communications services will emerge. The novel issues presented in this proceeding demonstrate that technology is changing at Internet speed. The Commission must be nimble, creative, and restrained as we strive to protect the public interest while encouraging nascent industries to battle it out in the marketplace. - FCC - News media Information 202 / 418-0500 TTY 202 / 418-2555 Fax-On-Demand 202 / 418-2830 Internet: http://www.fcc.gov ftp.fcc.gov Federal Communications Commission 445 12th Street, S.W. Washington, D. C. 20554 This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).