AOL/Time Warner approval may be imminent

The Federal Communication Commission could as early as Wednesday approve the AOL/Time Warner merger that now has an estimated value of $94 billion, a published report states.

The agency is expected to require AOL to open its instant messaging service to competitors, according to the report in The Wall Street Journal on Wednesday. A spokesperson for the FCC could not be reached for comment.

Commission member Gloria Tristani has been seeking tougher restrictions on instant messaging in the agreed deal, the report said. AOL has not yet permitted other instant messaging systems to send messages to its users, citing user security and safety.

FCC Chairman William Kennard and Commissioner Susan Ness, however, have decided to proceed with a vote without Tristani's support, the report said. Kennard and Ness join commissioners Harold Furchtgott-Roth and Michael Powell who favor approval of the merger with few new conditions, The Journal reported.

The Federal Trade Commission gave the deal its blessing on Dec. 14, 2000. A key condition of the FTC's approval was that Time Warner open its broadband network to at least one ISP initially. But in most cases, it will be required to open the network to at least two or more competitors after AOL starts offering services.

The FCC, in Washington, D.C., can be reached at http://www.fcc.gov/. AOL, in Dulles, Va., is at 703-448-8700, or at http://www.aol.com/. Time Warner, in New York, can be reached at 212-484-8000, or at http://www.timewarner.com/.

The IDG News Service is a Network World affiliate.