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FCC lifts AOL IM restrictions


From: Dave Farber <dave () farber net>
Date: Tue, 19 Aug 2003 15:33:19 -0400


Date: Tue, 19 Aug 2003 12:21:09 -0700
From: "Wong, Brian" <brianwong () dwt com>
Subject: FCC lifts AOL IM restrictions
To: "'Farber, Dave'" <dave () farber net>


Dave, perhaps of interest.

- Brian -

FCC lifts AOL IM limits

By <mailto:declan.mccullagh () cnet com?subject=FEEDBACK:FCC%20lifts%20AOL%20IM%20limits>Declan McCullagh and <mailto:jimh () cnet com?subject=FEEDBACK:FCC%20lifts%20AOL%20IM%20limits>Jim Hu
Staff Writer, CNET News.com
August 19, 2003, 12:10 PM PT

The Federal Communications Commission has agreed to lift restrictions that have barred AOL Time Warner from offering advanced instant messaging services including videoconferencing, according to a source familiar with the decision.

FCC commissioners voted in a nonpublic meeting to drop the restriction, imposed by the commission when it approved the <http://news.com.com/2100-1023-250781.html?tag=nl>merger between America Online and Time Warner in January 2001.

Reached at an industry conference in Aspen, Colo., Commissioner Kathleen Abernathy declined to comment on the vote, saying only that a decision will be released by the end of the week.

AOL spokeswoman Tricia Primrose declined to comment until the FCC makes the decision public.

"We think that we made a compelling case to the FCC," Primrose said in an e-mail. "We hope a decision will be out soon, and that we get a favorable result."

Relief from the ban would be a significant win for AOL Time Warner's America Online division. The world's largest Internet service has argued that the once-unshakable dominance of its AOL Instant Messenger program has been challenged by the rapid rise in popularity of IM programs from rivals such as Microsoft and Yahoo. Thus, AOL has claimed, the FCC's original reasoning for the ban is outdated, leaving AOL at a disadvantage against competitors.

In January 2001, the FCC ruled that the combination of AOL and Time Warner could pose problems for competitors trying to develop their own IM products. Regulators and rivals were concerned that combining AOL's leading Internet subscriber base with Time Warner's entertainment content and regional cable monopoly would create an unfair advantage in the market.

But the world AOL inhabits in 2003 is drastically different than the one it dominated in 2001. Back then, IM services from Yahoo and MSN were still in their infancy and dwarfed by AOL's seemingly insurmountable market-share lead. Rival IM services also lobbied the FCC aggressively to force AOL to open its servers and allow other IM products to interoperate with its product.

As it turned out, the lack of interoperability helped Microsoft and Yahoo make gains in market share faster. A spike in the popularity of instant messaging forced people to run multiple IM clients on their PCs simultaneously, allowing AOL, MSN and Yahoo to equally prosper.

<SNIP>

The vote was first reported by The Washington Post.

<http://news.com.com/2100-1032_3-5065650.html?tag=lh>http://news.com.com/2100-1032_3-5065650.html?tag=lh

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