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AOL / TW Merger Dont be a FOOL; The Law is Not DIY

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Released: March 27, 2000. Petitions/ Comments Due: April 26, Oppositions / Responses Due: May 11 Ex Parte .

AOL / Time Warner Merger (Docket 00-30)

Merger Approved 1/11/01

FCC Public Notice 1/11 Word : The Commission today approved the joint application ("Application")  filed by America Online, Inc. ("AOL") and Time Warner Inc. ("Time Warner") (collectively the "Applicants") for approval to transfer control of certain licenses and authorizations to AOL Time Warner, Inc., a newly created company, subject to the conditions stated below.   A Memorandum Opinion and Order (the "Order") explaining in further detail the Commission's reasoning and the conditions will be issued shortly.

INTERNET SERVICES

Although the Commission found that the FTC consent decree with AOL Time Warner would substantially ensure that unaffiliated ISPs are able to offer their services over AOL Time Warner's cable system on non-discriminatory terms and conditions, the Commission found that AOL Time Warner might have insufficient incentives to enter contracts with local or regional ISPs that are unaffiliated with AOL Time Warner. The Commission noted that the FTC consent decree requires AOL Time Warner to negotiate in good faith with any unaffiliated ISP seeking access to its cable systems and, thus, reiterated that AOL Time Warner must engage with local and regional ISPs in a good faith, nondiscriminatory manner.  The conditions set forth below regarding choice of ISPs, first screen, billing, technical performance, and disclosure of contracts are particularly relevant to the ability of smaller ISPs to negotiate carriage arrangements on non-discriminatory terms and we expect that AOL Time Warner will negotiate in good faith to reach contract provisions that are consistent with the commercial viability of these entities.  The Internet access conditions that the Commission adopted with regard to AOL Time Warner are as follows: 

A. Choice of ISPs: AOL Time Warner shall not restrict the ability of any current or prospective ISP customers to select and initiate service from any unaffiliated ISP which, pursuant to a contract with AOL Time Warner, has made its service available over AOL Time Warner's cable facilities ("Participating ISP").  AOL Time Warner must allow customers to select a Participating ISP by a method that does not discriminate in favor of AOL Time Warner's affiliates on the basis of affiliation.  At a minimum, AOL Time Warner must allow customers to obtain a list of Participating ISPs by calling their local AOL Time Warner cable system and requesting such a list.  Whenever a customer requests a listing of Participating ISPs, AOL Time Warner shall provide the list in a reasonable and timely manner. Such list shall not discriminate in favor of AOL Time Warner's affiliates on the basis of affiliation.  AOL Time Warner may not prohibit ISPs from marketing their services to AOL Time Warner cable customers. 

B. First Screen:  AOL Time Warner must permit each Participating ISP to determine the contents of its subscribers' first screen and may not require a Participating ISP to include any content as a condition of obtaining access to AOL Time Warner cable systems; provided that AOL Time Warner and any Participating ISP may agree that the ISP will include specified content or links on its first screen.  AOL Time Warner may not require any high-speed Internet access cable customer to go through an affiliated ISP to reach any Participating ISP from which the customer purchases service.

C. Billing:  AOL Time Warner must permit each ISP to have a direct billing arrangement with those high-speed Internet access subscribers to whom the ISP sells service.  AOL Time Warner may offer a billing service to any Participating ISP, but may not require any ISP to purchase this service as a condition of obtaining access.

D. Technical Performance: All contracts between AOL Time Warner and unaffiliated ISPs for access to Time Warner's cable systems shall contain a clause warranting that, to the extent AOL Time Warner provides any Quality of Service mechanisms, caching services, technical support customer services, multicasting capabilities, address management and other technical functions of the cable system that affect customers' experience with their ISP, AOL Time Warner must provide them in a manner that does not discriminate in favor of AOL Time Warner's affiliated ISPs on the basis of affiliation.

E. Rights to Disclose Contracts to the Commission: AOL Time Warner may not enter into any contract with any ISP for connection with AOL Time Warner's cable systems that prevents that ISP from disclosing the terms of the contract to the Commission under the Commission's confidentiality procedures.

F. Enforcement:   With respect to any dispute concerning AOL Time Warner's compliance with these conditions, the following procedures shall apply.  These procedures are designed to resolve any disputes within sixty (60) days of the filing of the Complaint and to have them resolved by the Chief, Cable Services Bureau ("Chief").

1. No less than ten (10) business days before filing a complaint with the Commission, the complainant shall notify AOL Time Warner of its intention to file the complaint.  This is intended to afford the parties a final opportunity to resolve their dispute without resort to our processes.

2. Within twenty (20) days after public notice of the filing of the complaint, any interested party shall file an answer.  Within ten (10) days after the filing of the answer, the complainant may file its reply. The complainant and AOL Time Warner shall each, with its first filing, furnish a detailed report, technical or otherwise, describing the conduct or events that are the subject of the filing. All filings shall be made with Commission Secretary and shall be concurrently served on the Chief.

3. In resolving these filings, the Chief will apply the following principles: (a) the general pleading rules set forth in Parts 1 and 76 of our rules will apply to the extent they are consistent with the specific requirements of the proceedings provided for herein; (b) complaints of misconduct by AOL shall be filed within one year of the occurrence of the alleged misconduct; (c) discovery shall be at the discretion of the Chief and may be requested by a party in one of its filings provided for above; and (d) the complainant shall bear the burden of proof in the proceeding it commences.

The Chief shall sustain or dismiss the complaint within sixty (60) days of the filing of the complaint.

INSTANT MESSAGING

Given AOL Time Warner's likely domination of the potentially competitive business of new, IM-based services, especially advanced, IM-based high-speed services ("AIHS")  applications such as videoconferencing, the Commission concluded that a condition to prevent that merger-specific harm was merited. AOL Time Warner may not offer an AIHS application that includes the transmission and reception, utilizing a names and presence directory ("NPD")  over the Internet Protocol path of AOL Time Warner broadband facilities, of one- or two-way streaming video communication using NPD protocols - including live images or tape - that are new features, functions, and enhancements beyond those offered in current offerings such as AIM 4.1 or ICQ 2000b,  unless and until AOL Time Warner has successfully demonstrated it has complied with one of the following grounds for relief.

Grounds for Relief.  Option One.  AOL Time Warner may file a petition demonstrating that it has implemented a standard for server-to-server interoperability of NPD-based services  that has been promulgated by the IETF or a widely recognized standard-setting body that is recognized as complying with National Institute of Standard Testing or Industry Standard Organization requirements for a standard setting body.  At a minimum, AOL Time Warner must demonstrate that the adopted protocol makes available to another provider of NPD-based services such data in AOL Time Warner's NPD(s) as will enable the other provider's users to know the addresses of AOL Time Warner users and detect their presence online, to the same extent that AOL Time Warner's users know each others' addresses and detect each others' presence online. AOL Time Warner must also demonstrate that the protocol makes available to other IM providers any other information used by AOL Time Warner to implement and process transaction of AIHS services, to the extent allowed by law.  The adopted standard shall also ensure that AOL Time Warner shall afford the same quality and speed in processing transactions to and from the other provider as it affords to its own transactions of the same type.  Other than specifying server-to-server interoperability as described above, we do not set any technical criteria for interoperability.

Option Two.  AOL may file a petition demonstrating that it has entered into written contracts providing for server-to-server interoperability with significant, unaffiliated, actual or potential competing providers of NPD-based services offered to the public.  AOL must execute the first such contract prior to offering the video AIHS service described above. After AOL Time Warner executes the first contract, an officer of AOL Time Warner shall certify to the Commission that it is prepared to promptly negotiate in good faith, with any other requesting provider of NPD-based services. 

Within 180 days of executing the first contract, AOL must demonstrate that it has entered into two additional contracts with significant, unaffiliated, actual or potential competing providers.  The interoperability achieved under these contracts shall be identical to that described under Option 1 above with identical terms and conditions for technical interoperability. All parties to a contract shall agree not to alter the technical protocol without the consent of all parties providing interoperable IM services under these agreements.  The contracts may contain different provisions for business considerations.  AOL Time Warner must submit copies of these agreements for server-to-server interoperability into the record of this proceeding within 10 days of execution of such agreement.  AOL Time Warner may redact any proprietary information or terms not related to technical interoperability. 

Option Three.  AOL Time Warner may seek relief from the condition on offering AIHS video services by filing a petition demonstrating that imposition of the condition no longer serves the public interest, convenience and necessity because there has been a material change in circumstance, including new evidence that renders the condition on offering AIHS video services no longer necessary in the public interest, convenience, and necessity.  If AOL Time Warner proffers market share information as evidence that the condition no longer is necessary in the public interest, convenience, and necessity, AOL Time Warner must demonstrate that it has not been a dominant provider of NPD services for at least four (4) consecutive months.

Procedure for Submission of Petition to the Commission.  To receive authorization to offer AIHS video services pursuant to Options 1-3 above, AOL Time Warner shall submit a Petition to the Commission.  The Petition shall be filed with the Secretary's office and shall contain the factual and legal bases demonstrating satisfaction of one of the three options set forth above.  The Commission shall put the Petition out for Notice and Comment with a maximum of 30 days for receipt of such comments.  Petitioner may submit a reply not more than 15 days after the closure of the comment period.  Upon the timely filing of Petitioner's reply, the Petition, comments and reply shall be submitted to the Commission for disposition. The Commission shall issue its findings and conclusions not more than 60 days after receipt of the matter.  This timeline may be altered at the discretion of the Commission upon a timely submitted request of the Petitioner.  The findings of the Commission shall be made upon clear and convincing evidence, and in the absence of such an evidentiary showing, the condition shall not be eliminated.

Reporting Requirement.  The Commission shall require AOL Time Warner to file a progress report with the Commission, 180 days after the release of the Order and every 180 days thereafter, describing in technical depth, the actions it has taken to achieve interoperability of its IM offerings  and others' IM offerings.  Such reports will be placed on public notice for comment.  Any confidential or proprietary information contained in the reports may be submitted to the Commission pursuant to the terms of the protective order in this proceeding.

Enforcement.  The Commission shall retain jurisdiction over the licensees or their successors for the purpose of enforcing the terms of this condition, for a period not to exceed five years.  The terms of this condition shall be enforced pursuant to the Commission's powers under the Communication Act.  Any party to the Order, or their successor in interest, may petition this Commission at any time for relief from the condition on offering AIHS video services imposed pursuant to the Order.

In the event that any person wishes to bring to us a dispute about AOL's compliance with this condition, the Commission shall require that the following procedures be followed.  These procedures are designed to resolve any disputes within sixty (60) days of the first filing.  Within twenty (20) days after public notice is given of either the filing of a complaint or a showing by AOL Time Warner, any interested party shall file a response (AOL Time Warner's answer to the complaint, another person's response to AOL Time Warner's alleged showing).  Within ten (10) days after the filing of the responses, the party that made the first filing may file its reply.   The complainant and AOL Time Warner shall each, with its first filing, furnish a detailed report, technical or otherwise, describing the conduct or events that are the subject of the filing.  All these filings shall be made with the Commission Secretary and shall be concurrently served on the Chief, Cable Service Bureau. The complaint or showing, as the case may be, shall be dismissed or sustained within sixty (60) days of its filing.

Sunset.  Five (5) years after the date of release of the Order, the condition set forth in the preceding paragraphs shall expire and shall not restrain AOL Time Warner from offering video AIHS.

INTERACTIVE TELEVISION SERVICES

The Commission announced that it will initiate a proceeding to seek comment on interactive television services.

OWNERSHIP INTEREST IN GENERAL MOTORS AND HUGHES ELECTRONICS

In response to arguments that AOL Time Warner's indirect ownership interest in DirecTV, Inc. might raise anticompetitive concerns by permitting a cable operator to own part of a DBS provider, the Commission ordered that the Applicants shall notify the Chiefs of the Commission's Cable Services Bureau and International Bureau, in writing, of any transactions that increase the Applicants' ownership interest in General Motors Corporation and/or Hughes Electronics Corporation (the parent companies of DirecTV), no later than 30 days after the transaction.

CONTRACTUAL RELATIONSHIPS WITH AT&T

To mitigate the adverse effects of potential coordination, as a result of the merger, between AT&T and AOL Time Warner, the Commission imposed the following additional conditions:

AOL Time Warner shall be prohibited from entering into any agreement with AT&T, tacit or otherwise, that gives any AOL Time Warner ISP exclusive access to any AT&T cable system for the purpose of offering high-speed Internet access service.

AOL Time Warner shall be prohibited from entering into any agreement with AT&T, tacit or otherwise, that affects AT&T's ability to offer any rates, terms or conditions of access to ISPs that are not affiliated with AOL Time Warner.

AOL Time Warner, by its General Counsel, shall certify to the Commission upon the merger's closing and annually thereafter that it is in compliance with the foregoing two conditions.

MISCELLANEOUS PROVISIONS

The Commission ordered that compliance with all conditions imposed in the Order is a non-severable condition of the grant of the Application. 

All references to AOL and Time Warner in the order shall also refer to their respective officers, directors, and employees, as well as to any affiliated companies, and their officers, directors, and employees, except as otherwise noted. 

The Commission denied the Petition to Deny filed by the Consumers Union, Consumer Federation of America, and Media Access Project, the Petition to Deny of Thomas Lewis Bonge, the Petitions to Condition filed by RCN Telecom Services and Gemstar, and all similar petitions except as otherwise discussed in this public notice. 

The Commission denied the motion to consolidate this proceeding with the AT&T-MediaOne license transfer proceeding, which was filed by the Consumers Union, Consumer Federation of America, and Media Access Project.

EFFECTIVE DATE OF THE MERGER APPROVAL

The Commission ordered that the grant of the approval of the Application with conditions is effective today, January 11, 2001.

Action by the Commission on January 11, 2001, Commissioners Furchtgott-Roth and Powell, concurring in part and dissenting in part.
 

Hearings 
  • Oct 6 House Telecom Subcommittee Hearing "The Future of the Interactive Television Services Marketplace: What Should Consumers Expect?" Part II (aka AOL TW Merger). 2123 RHOB 9:00 am
  • Sep 27 House Telecom Subcommittee hearing "The Future of the Interactive Television Services Marketplace: What Should Consumers Expect?" (AOL/TW) 2322 RHOB 11:00 am 
  • FCC to Hold En Banc Hearing on Merger July 27, 2000, 1-5pm, in the FCC Commission Meeting Room. For additional information contact:  Linda Senecal at 7044. News media contact: Michelle Russo at 2358.  Public Notice WorldText
    • Agenda with witnesses bios and statements
    • The Federal Communications Commission will hold an en banc hearing on July 27, 2000 to discuss issues pertinent to the joint applications of America Online, Inc. ("AOL") and Time Warner, Inc. ("Time Warner") for Commission approval of the transfer of control to AOL Time Warner, a new entity, of licenses and authorizations now held by AOL and Time Warner. The proposed transfer of control would take place as the result of the merger of AOL and Time Warner.
    • FCC PREPARES FOR RECORD LEVEL ATTENDANCE AT EN BANC HEARING ON AMERICAN ONLINE AND TIME WARNER APPLICATIONS FOR TRANSFER OF CONTROL. Contact Linda Senecal 7044; news media contact Michelle Russo 418-2358. Dkt No.: CS- 00-30. CSB.
    • July 25, 2000. COMMISSION ANNOUNCES AGENDA FOR EN BANC HEARING ON AMERICA ONLINE, INC. AND TIME WARNER, INC. APPLICATIONS FOR TRANSFER OF CONTROL. (DA No. 00-1666). Dkt No.: CS- 00-30. Contact: Linda Senecal at 7044; TTY 7172. News Media Contact: Michelle Russo 2358.
    • News Coverages
  • Wednesday, June 7, 2000 10:00 a.m. in 2322 Rayburn House Office Building The Subcommittee on Telecommunications, Trade, and Consumer Protection oversight hearingon the "AOL-Time Warner Merger: What are the Implications for Consumers?" Witnesses will be by invitation only.
  • Mar 2. Senate Commerce Committee hearing on AOL TW merger.  10:30 Room 253 Russell SOB.
  • Feb 29AOL / Time Warner:  Senate Committee on Judiciary hearing on "AOL/Time Warner Merger." 10:00 a.m. in Room 226 of the Senate Dirksen Office Building.
IM 
  • Free IM (arguing that AOL should be forced to make IM services open and interoperable)
  • Icast FCC Filing in AOL TW Merger Proceeding
  • Internet Engineering Task Force IM and Presence Protocol (impp) Working Group 
  • FTC Docket No. C-3989 File No. 001 01059293
    In the Matter of America Online, Inc., and Time Warner Inc.
    Decision and Order [PDF 40K] 
    Order to Hold Separate [PDF 25K] 
    Complaint [PDF 21K] 
    Concurring Statement of Commissioner Thompson 
    News Release

    Application for approval from America Online/Time Warner, Inc. (AOLTW); approval of the publication of a Federal Register notice regarding the ceiling on allowable charges for certain disclosures under the Fair Credit Reporting Act (FCRA).,

    Dale Hatfield named Monitor Trustee of AOL TW MergerFTC Press Release 2/26/2001

    FCC Releases Memorandum Opinion and Order on AOL - Time Warner Merger. 1/22/01FCC Approves Merger
    Public Notice Text | Word97 | Acrobat
    FactSheet Text | Word97 | Acrobat
    Commissioners Statements: KennardNessFurchtgott-RothPowellPowell(2)Tristani
    News Conference 
    Friday January 12, 2001, 10:15am - Play Audio/Video
    Thursday January 11, 2001, 7:15pm - Play Audio/Video

    FTC Approved of the Merger.  Now the issue returns to the FCC for consideration and possible approval. FTC Press Release Dec 14

    FTC Appoints Monitor Trustee in AOL/Time arner Matter, FTC 2/26/01
     

    Released: March 27, 2000. Cable Services Bureau Aciton, America Online, Inc. And Time Warner Inc. Seek Fcc Consent For A Proposed Transfer Of Control, Cs Docket 00-30. Petitions/ Comments Due: April 26, Oppositions / Responses Due: May 11; Contacts: Linda Senecal 7044 Or Richard Kalb 418-1055; Media Contact: Michelle Russo 418-2358. (Da No. 00-689). Public Notice

    This is a Permit-but-Disclose ex parte proceeding which means you can express your views to the FCC after the close of the comment period.  If you make an in person presentation, you must provide a summary of any presentation to the FCC Secretary for inclusion in the record.  FCC Ex Parte Fact Sheet ¶ 10.

    FCC Cable Bureau's  AOL TW Merger webpage

    FCC Transaction Team's AOL TW Merger webpage

    Comments Filed in this proceeding can be viewed at the FCC's Electronic Comment Filing System (you will need the docket number)

    • Released: 07/26/2001. AOL TIME WARNER INC. SUBMITS PROGRESS REPORT REGARDING INSTANT MESSAGING INTEROPERABILITY. (DA No. 01-1791). (Dkt No 00-30). CSB. Contact: Linda Senecal at 7044 or Nancy Stevenson at 7039, TTY: 7172, (888) 835-5322. News Media Contact: Michelle Russo at 2358, Fcc 7/27/01
    • AMERICA ONLINE, INC. AND TIME WARNER, INC.. Admonished the parties for their breach of the protective order, and concluded sanctions previously imposed sufficient. Action by: Deputy Chief, Cable Services Bureau. Adopted: 01/26/2001 by MO&O. (DA No. 01-214). CSB, 01/29/01
    • APPLICATIONS OF AMERICA ONLINE, INC. AND TIME WARNER, INC. FOR TRANSFERS OF CONTROL. Amended Protective Order Paragraph 3 of Permissible Disclosure. Dkt No.: CS- 00-243. Action by Deputy Chief, Cable Services Bureau. Adopted: October 27, 2000. by Order. (DA No. 00-2434). CSB 
    • APPLICATIONS OF AMERICA ONLINE, INC. AND TIME WARNER, INC. FOR TRANSFERS OF CONTROL. This Order amends the Protective Order in this case to provide that only outside counsel may obtain access to confidential documents submitted after October 26, 2000, and to require that all persons who obtain access to confidential documents certify that their firm or company has in place procedures to protect against the improper disclosure of confidential information. Dkt No.: CS-00-30. Action by Deputy Chief, Cable Services Bureau. Adopted: October 27, 2000. by Order. (DA No. 00-2434). 
    • 3/6/00 Letter from Christopher Wright, General Counsel, FCC to AOL/Time Warner Attorneys Concerning AOL/Time Warner's Initial Public Interest Statement: [ MSWord | Text
    •  3/21/00 Supplemental Information to Augment the AOL/Time Warner Public Interest Statement: [ MSWord | Text ] (Note: Attachments to the Supplemental Information filing were not provided electronically. They can be obtained from ITS (202-857-3800) and the Reference Room.) 
    •  3/27/00 Public Notice: [MSWord | Text
    •  4/4/00 Letters from AOL/TW to the FTC (MSWord | Text) and the FCC (MSWord | Text) Concerning FCC Access to Documents Submitted to the FTC. 
    •  4/6/00 Protective Order: [MSWord | Text
    •  4/26/00 Petition to Deny of Consumers Union, Consumer Federation of America, Media Access Project, and Center for Media Education: [Acrobat
    •  4/27/00 List of Commenters to the Proceding (Note: To view the Comments and Reply Comments filed in this proceeding, and other related documents go to the ECFS Page.  Select the "Search the ECFS System" link (or the alternate link if the main link does not respond), enter "00-30" in the "Proceeding" box, and press the "Retrieve Document List" button. For a complete hard-copy set of these comments, please contact the International Transcription Service (ITS) at (202) 857-3800.) 
    •  6/9/00 Letter from the FCC to AOL/Time Warner Attorneys, a Request for Further Information: [ MSWord | Text
    •  6/23/00 Letter from the FCC to AOL/Time Warner Attorneys, a Second Request for Further Information: [ MSWord | Text
    •  6/26/00 Response to June 9, 2000 Request for Further Information: [ MSWord | Text
    • 7/17/00 Response to June 23, 2000 Request for Further Information: [Acrobat
    • 8/14/00 Letter from the FCC to AOL/Time Warner Attorneys, a Third Request for Further Information: [ MSWord | Text ]
    • Letter from Christopher J. Wright to AOL-Time Warner Merger Applicants Stopping Clock Pending FTC Action. 10/11/00 Oct 12, 2000 fcc IN RE APPLICATIONS OF AMERICA ONLINE, INC. AND TIME WARNER, INC. FOR TRANSFERS OF CONTROL, CS DOCKET NO. 00-30. This Order requires the Walt Disney Company to provide further information regarding a breach of the Protective Order. By Order, (DA 00-2304), By Chief, Cable Services Bureau, Adopted: October 10, 2000, Released: October 10, 2000. Cable Services Bureau Contact: Laurence Schecker at 1720, News Media Contact: To-Quyen Truong at 7200. 
    • FCC Letter to AOL / TW Staying Proceeding Pending Outcome of FTC Review (Oct 11, 2000)
    • Letter to Ch Kennard from NorthNet 10/10/2000
    • TW Open Access Term Sheet for ISPs 
    • APPLICATIONS OF AMERICA ONLINE, INC. AND TIME WARNER, INC.. Terminated a provision of a prior order barring the Walt Disney Company and its legal counsel from inspecting confidential documents subject to a protective order in this proceeding.. (Dkt No. 00-30). Action by: Chief, Cable Services Bureau. Adopted: 11/22/2000 by ORDER. (DA No. 00-2648). CCB DA-00-2648A1.pdf DA-00-2648A1.doc 
  • APPLICATION FOR CONSENT TO THE TRANSFER OF CONTROL OF LICENSES AND SECTION 214 AUTHORIZATION BY TIME WARNER INC. AND AMERICA ONLINE, INC., TRANFERORS, TO AOL TIME WARNER INC., TRANSFEREE.   Terminated several conditions attached to the transfer of control that resulted in the merger of Time Warner, Inc. and America Online, Inc. (Dkt No.  00-30 ). Action by:  the Commission. Adopted:  01/06/2012 by ORDER. (FCC No. 12-6).  MB pdf Word TXT 
  • Released: 02/03/2003. AOL TIME WARNER FILES FOURTH REPORT ON INSTANT MESSAGING INTEROPERABILITY. (DA No. 03-344). (Dkt No 00-30). MB. Contact: Linda Senecal at 7044 or William Cox at 2173. News Media Contact: Michelle Russo at 2358, FCC 2/4/03
  •  

    CS Docket 00-30.. 
    Sept 25, 2003
    Dismissed without Prejudice
    STIC.NET Complaint
    "In a Memorandum Opinion and Order released January 22, 2001,' the Commission approved
    the merger of America Online, Inc and Time Warner, Inc., subject to certain conditions. The
    Commission's merger conditions included requirements regarding access by unaffiliated lnternet service providers (ISPs) to the merged company's cable system, and procedures by which a complaint may be filed regarding Time Warner Inc.'s (Time Wariier)2 compliance with these req~irements.~ On September 25, 2003, STICNET, LP (STIC.NET), an ISP, filed a complaint regarding AOL Time Warner's compliance wjith these Internet access requirements.4 Because STIC.NET failed to provide supporting documentation or affidavits to support its complaint, as required by the Commission's rules and the Order, the complaint is hereby dismissed without prejudice.'"
    Order Oct 14, 2003
    Stic.net Letter Sept 25, 2003

     
    CS Docket 00-30.
    Released: 08/15/2001. 
    Comments Due Sept 4. Closed

    Texas.net Complaint 

    .
    TEXAS NETWORKING, INC.. Dismissed Texas.Net's complaint and petition for declaratory ruling.. Action by: Chief, Cable Services Bureau. Adopted: 10/04/2001 by ORDER. (DA No. 01-2325). CSB 

    Texas.net xComplaint Against AOL TW Arguing that AOL TW is Discriminating Against Small ISPs, in violation of AOL TW Merger Agreement. TEXAS NETWORKING, INC. SUBMITS INTERNET ACCESS COMPLAINT AND PETITION REGARDING AOL TIME WARNER, INC.. (DA No. 01-1937). (Dkt No 00-30) Texas Networking, Inc. Submits Internet Access Complaint and Petition Regarding AOL Time Warner, Inc..  Action by: Chief, Cable Services Bureau DA-01-1937A1.doc 

    "In a Memorandum Opinion and Order released January 22, 2001,  the Commission approved the merger of America Online, Inc. and Time Warner, Inc., subject to certain conditions.  The Commission's merger conditions included requirements regarding access by unaffiliated Internet Service Providers ("ISPs") to the merged company's cable system, and procedures by which a complaint may be filed regarding AOL Time Warner Inc.'s ("AOL Time Warner") compliance with these requirements.   On August 9, 2001, Texas Networking, Inc. ("Texas.Net"), an ISP, filed a complaint and petition for declaratory ruling regarding AOL Time Warner's compliance with the Internet access requirements. "

    CSB. Contact: Linda Senecal at 7044, Nancy Stevenson at 7039, TTY: 7172 (888) 835-5322. News Media Contact: Michelle Russo at 2358.
    FCC Public Notice
    Texas.net News
    Texas.net complaint
  • Texas ISP Files AOL Time Warner Complaint, Broadband Wk 8/10/01
  • Texas firm says AOL snubs small ISPs, CNET 8/10/01
  • Small ISPs: AOL's Excluding US, ZDNet 8/10/01
  • Docket No. C-3989

    Application for approval of non-affiliated Internet service providers (ISPs) and alternative cable broadband ISP service agreements:

    Comments should be sent to: FTC, Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, D.C. 20580.
    "In accordance with the terms of a final consent order reached with the Commission, the following has applied for approval of non-affiliated Internet service providers (ISPs) and alternative cable broadband ISP service agreements: America Online Time Warner, Inc. (AOLTW, or the Respondent). Paragraph II.A.2 of the order, which was finalized on April 17, 2001, requires that in each Identified Cable Division listed in the order (such as, for example, New York City and Tampa Bay, Florida) Respondents -- within 90 days after they make an affiliated cable broadband ISP service available to any subscriber in that Identified Cable Division -- must enter into alternative cable broadband ISP service agreements (which have received the prior approval of the Commission) with at least two non-affiliated ISPs (which have also received the prior approval of the Commission) to make additional non-affiliated cable broadband ISP services available to subscribers in that Identified Cable Division. Through this petition, AOLTW has requested Commission approval of: 1) [ISPs NAME]; and 2) the alternative cable broadband ISP service agreements entered into between Time Warner Cable and [ISPs Name] Generic Notice
    Applied Technology Group. Comments due by June 17.
    Approved
    Internet Nebraska Corp. FTC Notice Feb 22, 2002
    Comments due March 15, 2002
    Athena Services, Inc. (Athena) FTC Notice
    Comments Due January 18, 2001
    Web One, Inc. FTC Notice 
    Comments Due January 22, 2001
    LocalNet - FTC Approves AOLTW applications for West Central Ohio, LocalNet, Global Systems, Big Net Holdings, Digital Communications., ftc 2/28/02 FTC Notice
    Motion for Approval
    Big Net Holdings - FTC Approves AOLTW applications for West Central Ohio, LocalNet, Global Systems, Big Net Holdings, Digital Communications., ftc 2/28/02 FTC Notice - 
    Global Systems Inc, - FTC Approves AOLTW applications for West Central Ohio, LocalNet, Global Systems, Big Net Holdings, Digital Communications., ftc 2/28/02 FTC Notice 
    New York Connect Approved
    Notice
    Internet Junction Approved
    Notice
    West Central Ohio Internet Link -FTC Approves AOLTW applications for West Central Ohio, LocalNet, Global Systems, Big Net Holdings, Digital Communications., ftc 2/28/02 .FTC Notice
    Digital Communications Network - FTC Approves AOLTW applications for West Central Ohio, LocalNet, Global Systems, Big Net Holdings, Digital Communications., ftc 2/28/02 .FTC Notice
    Stic.net Approved
    Comments Due Nov 26, 2001
    FTC Notice.
    Inter.net Approved
    Commnets due Nov 14, 2001
    FTC Notice
    Juno Online Services 
    "Upon Juno's request, the FTC's review of the Juno agreement was put in abeyance after Juno announced its merger with Net Zero.  The merger recently closed, creating a new company called United On Line.  TWC is in discussions with the management of United On Line." AOL FCC Ex Parte at 3 1/22/02
    Comments Due October 24, 2001
     FTC Application for approval in America Online/Time Warner, Inc. (AOLTW), FTC 10/1/01
    FTC Press Release July 3
    Motion for Approval of Non-Affilliated ISPs and Alternative Cable Broadband ISP Service Agreements [PDF 2.5MB]
     High Speed Access Corp. (HSA)
    "The HSA Agreement was withdrawn after HSA's owners reorganized the company and decided to withdraw from offering the HSA ISP service to third parties."  AOL FCC Ex Parte at 3 1/22/02
    Comments Due October 24, 2001
     FTC Application for approval in America Online/Time Warner, Inc. (AOLTW), FTC 10/1/01
    FTC Press Release July 3
    Motion for Approval of Non-Affilliated ISPs and Alternative Cable Broadband ISP Service Agreements [PDF 2.5MB]

    According to Stic.net in an FCC filing,

    MISPs (Multiple ISP - everyone except AOL and Road Runner) have about 1500 subs, without Earthlink.  Earthlink has under 150,000 subs. Together, MISPS represent about .05% of the cable market, not counting  AOL and Road Runner.

    Papers

    News

  • AOL Time Warner Lines Up Third ISP, INews 10/22/01
  • High Speed Access Corp. Pulls Out of AOL Deal, INews 9/5/01
  • AOL Time Warner Loses ISP Partner, Washtech 9/5/01
  • FTC asked to review AOL, Allen link, CNET 8/1/01
  • Advocates Voice Concern Over Third 'Independent' ISP, InternetNews 8/1/01
  • FTC Asked To Investigate AOL Time Warner Deal With ISP, Washtech 8/1/01
  • Advocates protest AOL's ISP deal, CNET 5/16/01
  • AOL strikes third cable ISP deal, CNET 5/8/01
  •  
    Statements, Pess Releases
  • Time Warner Press Release Juno And Time Warner Reach Agreement to Offer Juno Express Over Time Warner Cable Systems Jul 31, 2000
  • Federal Communications Commission (FCC) Petition: Some of the nation's leading consumer and public interest groups are petitioning the federal government to block the merger of America Online (AOL), Inc. and Time Warner, Inc., unless the transaction is significantly restructured. April 26, 2000 (press release (2pp) and petition in PDF format (165pp), posted same)
  • Consumers Union on AOL TW
  • CDT's Jerry Berman's Testimony on AOL TW
  • CME Press Release AOL Time Warner Open-Access Proposal Hailed as Positive First Step 2/29/00
  • Statement of FCC Chairman William E. Kennard on the Memorandum of Understanding Between America Online and Time Warner Regarding Non-Discriminatory Access for ISPs to its Cable Networks 2/29/00
  • CME Press Release Consumer Groups Respond to AOL-Time Warner Deal 2/14/00

  • Consumer Union, Who Do You Trust? AOL And AT&T .When They Challenge The Cable Monopoly or AOL and AT&T .. When They Become The Cable Monopoly?

    News

  • Reports: AOL-TW, AT&T Broadband Talks Get Serious, INews 11/16/01
  • AOL Launches Cable Internet Service, Inews 10/5/01
  • AOL Time Warner Warns of Slower Growth, AP 9/25/01
  • Commentary: A potential cable colossus, CNET 9/13/01
  • AOL Time Warner, News Corp in China TV Strides, Washtech 9/5/01
  • Earthlink deal with AOL TW, Newsbytes 7/17/01
  • EarthLink to offer Net services via AOL cable, USAToday 7/17/01
  • AOL Refutes Unfair Ad Charges, InternetNews 6/15/01
  • ISPs complain they're shut out of cable ads, CNET 6/8/01
  • Anti-Competitive Ad-titude Toward ISPs, ISP Planet 6/8/01
  • Cable Giants Refuse To Sell Ads To Rivals, NYT 6/8/01
  • AOL Time Warner May Face New Probe, WashTech 5/16/01
  • Making Sure AOL TW Plays By The Rules, Washtech 4/14/01
  • Report: AT&T To Sell AOL TW Entertainment Stake, CNN 2/26/01
  • Give AOLTV Rabbit Ears, USA Today 2/21/01
  • FTC Close To Naming AOL Trustee, WashPost 2/9/01
  • Time Warner Cable To Offer AOL Net Access, CNET 01/31/01
  • AOL Plugs Into Wireless World, LATimes 01/31/01
  • AOL Time Warner Makes High-Speed Deal With Self, Internet News 2/2/01
  • AOL TW May Mean Massive Messaging, News Observer 01/29/01
  • AOL TW's New World Order, Ind Standard 01/29/01
  • AOL Announces New Management Team Jan 19 internet 
  • A Look At AOL Time Warner Jan 19 washingtonpost 
  • AOL/TW Seen As A Watershed Event Jan 16 washingtonpost 
  • Acrimony behind decision on AOL Time Warner at FCC Jan 16 cnet 
  • Interest High, But Internet Too Costly for Inner City Jan 16 internet 
  • You've Got Approval! Jan 12, 2001 thestandard 
  • FCC approves AOL/Time Warner merger Jan 12, 2001 nwfusion 
  • FCC OK's AOL-Time Warner merger Jan 12, 2001 zdnet 
  • FCC Blesses AOL-Time Warner -- With A Hitch Jan 12, 2001 internetwk 
  • FCC Gives AOL Time Warner A-OK Jan 12, 2001 internetnews 
  • AOL TW Merger Could Net Consumers More And Less Jan 12, 2001 cnn 
  • AOL Time Warner May Struggle Jan 12, 2001 msnbc 
  • AOL Time Warner Vow Media Expansion Jan 12, 2001 lasvegassun 
  • AOL deal OK'd Jan 12, 2001 mercurycenter 
  • AOL Time Warner is a done deal Jan 12, 2001 mercurycenter 
  • FCC sets strict limits on new AOL Time Warner Jan 12, 2001 nandotimes 
  • Web Shrugs Off AOL's Megamerger Jan 12, 2001 sfgate 
  • Will Time Warner, AOL Make A Good Fit? Jan 12, 2001 usatoday 
  • AOL/TW Competitors Gird For Expected Battle Jan 12, 2001 usatoday 
  • AOL Time Warner Gets OK Jan 12, 2001 cnn 
  • 'AOL Time Warner Everywhere' Jan 12, 2001 zdnet 
  • AOL Time Warner: The New Media Giant Jan 12, 2001 zdnet 
  • AOL, Time Warner hit snag Jan 10 usatoday 
  • AOL/TW: Will It Create More Junk Mail? Jan 10 mercurycenter 
  • FCC Exec Changes Event Amid AOL-Time Warner Buzz Jan 10 excite 
  • FCC Approval of AOL-Time Warner Could Come Today Jan 10 thestandard 
  • FCC Is Very Close To Approval Of AOL-TW Merger Jan 10 msnbc 
  • FCC Approval of AOL-Time Warner May Be Close Jan 10 washtech 
  • AOL Deal Gains 2nd Vote Jan 10 washingtonpost 
  • ISPs Define Themselves For AOL/TW Deal Jan 10 excite 
  • AOL-Time Warner OK Near? Jan 10 cnn 
  • AOL/Time Warner approval may be imminent Jan 10 nwfusion 
  • AOL Avoids Dot-Com Despair Of 2000 Jan 2, 2001 newsbytes
  • AOL Time Warner To Fall From Web Index Jan 2, 2001 cnet
  • AOL, Time Warner Shares Hit Fresh Lows Jan 2, 2001 internet
  • AOL Rivals Lobby FCC Over 'Advanced' Messaging Dec 29 msnbc
  • FCC to miss deadline for AOL-Time Warner decision Dec 29 cnet
  • AOL Faces Pressure On IM Dec 29 washtech
  • FCC review of AOL extends to 2001 Dec 29 zdnet
  • FCC Taps Small ISPs For AOL-TW Provision Jan 5, 2001 cnet
  • FCC Wants More Small ISP Input on AOL-TWX Jan 5, 2001 internetnews
  • AOL-Time Warner deal delayed anew Jan 5, 2001 usatoday
  • Small-Town Gang Helps Tame AOL-Time Warner Dec 20 thestandard
  • Rivals lobby FCC for conditions on AOL deal Dec 20 mercurycenter
  • Shootout At The AOL-TW Corral Dec 20 msnbc
  • Senator Calls for Open Instant-Messaging Standard Dec 20 washtech
  • FCC 'Restarts Clock' In AOL-TW Review
  • AOL Warns Of Burdens If Merger Complete Soon Dec 20 excite
  • IM To AOL: Get Out Of The Way! Dec 20 zdnet
  • MS Chief Lobbies For IM Conditions Dec 20 startext
  • The Warner Brothers: Jekyll And Hyde Dec 20 theregister
  • AOL's Unified Theory Of The Media Cosmos Dec 20 fortune
  • Pondering Potential Of AOL/TW Alliance Dec 20 97
  • AOL-Time Warner Merger May Set Rules Dec 20 yahoo
  • In AOL merger, the watchdog is watched Dec 20 cnet
  • Quick Merger Decision By FCC Likely Dec 20 internetnews
  • AOL rivals argue against Time Warner deal Dec 20 usatoday
  • FCC May Open IM to Rivals Dec 18 washtech
  • FTC Votes 5-0 on AOL-Time Warner Merger Dec 18 washtech
  • Time Warner Retools Road Runner, Opens Cables Dec 18 thestandard
  • Time Warner increases stake in Road Runner Dec 18 cnet
  • FTC decision forecasts future of cable Net access Dec 18 cnet
  • FCC May Set New Condition For AOL Dec 18 newsbytes
  • Rules For AOL-TW May Have Narrow Impact Dec 18 nytimes
  • AOL Merger Gets Go-Ahead Dec 18 97
  • Old, New Media Converge At AOLTV Dec 18 lasvegassun
  • Time Warner Chases Road Runner Dec 18 internetnews
  • FTC Approves AOL Time Warner Merger with Hefty Restrictions Dec 18 internetnews
  • Gates urges regulators to address instant messaging Dec 18 cnet
  • FTC to vote on AOL Time Warner; FCC review looms DATE cnet
  • AOL deal approval could be close DATE usatoday
  • ISPs In Final Push To Gain Rules On AOL/TW DATE latimes
  • FTC Chairman Has Misgivings On AOL Deal DATE excite
  • AOL, TW Said To Make Final Offer To FTC Dec 12 excite
  • AOL And Time Warner: Stocking-Stuffer Stocks? Dec 12 businessweek 
  • AOL, Time Warner In Last Ditch Effort Dec 12 internetnews
  • AOL/TW To US: No More Concessions Dec 12 washingtonpost
  • FTC May Vote Next Week On AOL Buy Of TW Dec 12 excite
  • AOLTV: Channel Zero Dec 12 washingtonpost
  • F.T.C. Nears A Decision On AOL Case Dec 12 nytimes
  • AOL, TW To Offer Options For All Employees Dec 12 msnbc
  • AOL's Case: U.S. Approval Near Dec 6 washingtonpost
  • MS makes mischief for AOL/Time Warner Dec 6 zdnet
  • Earthlink Confident Of AOL Merger Approval Dec 4 excite
  • AOL Rival POWWOW Drops Instant Messaging Service Dec 4 cnet
  • FTC split over mega-merger Dec 1, 2000 zdnet
  • EarthLink Pact Could Help AOL-Time Warner Nov 29, 2000 techweb 
  • AOL Strikes Content Pacts For AOLTV Nov 29, 2000 excite 
  • Juno Says Expanding Details Of AOL, TW Pact Nov 29, 2000 forbes 
  • A Hard Look At AOL/TW, Other Mergers Nov 29, 2000 washingtonpost 
  • TW Resists FTC Demands To Share Content Nov 29, 2000 usatoday 
  • FTC meets but takes no action on AOL/Time Warner Nov 29, 2000 mercurycenter 
  • Time Warner resists regulators' content demands Nov 29, 2000 cnet 
  • FTC Delays Suing AOL Over Time Warner Deal - Report Nov 29, 2000 washtech 
  • Will The AOL-TWX Mega-Merger Turn To Mush? Nov 27, 2000 herring 
  • Disney To Resume Viewing Confidential Docs In AOL-TW Deal Nov 24, 2000 washtech 
  • Time Warner Reaches Earthlink Deal Nov 20, 2000 excite 
  • EarthLink, Time Warner Kiss, Make Up Nov 20, 2000 internetnews 
  • Earthlink To Offer Broadband Over TW Cable Nov 20, 2000 infoworld 
  • EarthLink Gains Access to Time Warner's Cable Systems Nov 20, 2000 ispworld 
  • Seeking OK on AOL deal, Time Warner agrees to carry EarthLink on cable lines Nov 20, 2000 nandotimes 
  • AOL, Time-Warner say merger on slow track Nov 20, 2000 zdnet 
  • AOL, Time Warner see closing deal later than expected Nov 20, 2000 mercurycenter 
  • Merger Review Snags On Internet Access Question Nov 17, 2000 foxnews 
  • AOL-Time Warner Deal Could, Ironically, Lead to Open Access Nov 17, 2000 latimes 
  • AOL, Time Warner Plan ISP Deals Nov 7, 2000 washingtonpost 
  • AOL, TW Plan Open Access For Merger OK Nov 7, 2000 cnet 
  • AOL, TW Said In Talks With Internet Rivals Nov 7, 2000 excite 
  • Commission Statement on Time Warner/AOL Merger Nov 7, 2000 ftc 
  • AOL, Time Warner: A Long, Slow Trip To The Altar Nov 7, 2000 businessweek 
  • FCC defends shelving review of AOL-Time Warner merger Nov 7, 2000 nandotimes 
  • Dissecting The AOL Time Warner Deal Nov 7, 2000 nytimes 
  • Glitch Delays AOL-Time Warner Deal Nov 7, 2000 usatoday 
  • AOL TW Stalled Before FTC Nov 7, 2000 zdnet 
  • AOL Time Warner may not score with interactive TV Nov 7, 2000 cnet 
  • AOL-Time Warner merger expected to get FTC's OK Nov 7, 2000 mercurycenter 
  • FTC Nears Deal On AOL-Time Warner Merger Nov 7, 2000 usatoday 
  • TW CEO Plays Down AOL Integration Worries Nov 7, 2000 excite AOL Rolls Out Interactive TV With TW Links Nov 3, 2000 msnbc 
  • AOL/TW: The Difference A President Makes Nov 2, 2000 fortune 
  • Happy Days After The AOL-Time Warner Merger Nov 2, 2000 nytimes 
  • AOL Rolls Out Interactive TV With TW Links Nov 3, 2000 msnbc 
  • FCC seeks open access business model, ISP says Oct 31, 2000 mercurycenter 
  • Open Cable Access Solutions Sent To FCC Oct 31, 2000 internetnews 
  • Wisconsin ISP Files Open Access Business Model With FCC Oct 31, 2000 ispworld 
  • Disney Wants AOL/TW Interactive TV Access Oct 26, 2000 newsbytes 
  • FTC Takes A Longer Look At AOL-Time Warner Merger Oct 26, 2000 ispworld 
  • AOL-Time Warner Gets Extension On Merger Oct 24, 2000 newsbytes 
  • AOL-Time Review Extended Oct 24, 2000 cnn 
  • AOL extends merger review deadline Oct 24, 2000 cnet
  • TW Term Sheet for ISPs Oct 20, 2000 ispworld
  • Review Of AOL-Time Warner Deal Extended Oct 20, 2000 latimes
  • EU commissioner emphasizes need for merger regulation Oct 20, 2000 cnet
  • Sprint and AOL launch instant text messaging on mobile phones Oct 19, 2000 mercurycenter 
  • AOL, Time Warner Say Merger Is on Schedule Oct 19, 2000 thestandard 
  • AOL, Sprint Unveil Mobile IM Service 19-Oct-00 Oct 19, 2000 newsfactor 
  • Time Warner wants FCC to stay out of AT&T venture Oct 19, 2000 cnet 
  • TW To FCC: Stay Out Of AT&T Venture - Oct 19, 2000 newsbytes 
  • RMI.NET Will Take Part In Time Warner's Trial Run 10/18/00 Oct 19, 2000 ispworld 
  • AOL To Street: We're Ready For Merger Oct 19, 2000 washingtonpost 
  • AOL/TW Downplay Fears Of Net Ad Slowdown Oct 19, 2000 usatoday 
  • TW Term Sheet for ISPs Oct 20, 2000 ispworld 
  • Blodget Upbeat On AOL-Time Oct 16, 2000 cnn 
  • U.S. may block AOL-Time Warner merger Oct 16, 2000 cnet 
  • Review Of AOL-Time Warner Deal Extended Oct 20, 2000 latimes 
  • Anatomy of a Mega-Marriage Oct 12, 2000 thestandard 
  • TW's Joseph Ripp To Become CFO Of AOL Oct 12, 2000 excite 
  • AOL-TW Deal Still Must Clear US Hurdles Oct 12, 2000 latimes 
  • EU OKs Merger Of AOL, Time Warner Oct 12, 2000 washingtonpost 
  • EC Accepts AOL-Time Warner Deal Oct 12, 2000 usatoday 
  • EC gives AOL-Time Warner merger go-ahead Oct 12, 2000 nwfusion 
  • Paper: Time Warner Sets Terms for Access - Oct 12, 2000 yahoo 
  • FCC won't let Disney see AOL-Time merger documents Oct 12, 2000 nandotimes 
  • Time Warner Terms For Cable Criticized Oct 10, 2000 washingtonpost 
  • FTC, FCC Receive Details Of Time Warner's Term Sheet To ISPs Oct 10, 2000 ispworld 
  • EU to approve AOL-Time Warner deal if links with Bertelsmann are cut Oct 10, 2000 mercurycenter 
  • AOL/TW Put's Spotlight On Europe's Trustbuster Oct 10, 2000 cnn 
  • AOL Restrictions Alleged Oct 10, 2000 washtech 
  • Paper: Time Warner Sets Terms for Access Oct 10, 2000 yahoo 
  • EU close to clearing AOL Time Warner with conditions Oct 10, 2000 cnet 
  • Time Warner Shows New Interest In Open Access Term Sheet Oct 8, 2000 ispworld 
  • FCC: Cable Firms Must Do More On Net Access Oct 8, 2000 newsbytes 
  • AOL Time Warner can't be trusted on access, Hill panel told Oct 8, 2000 cnet 
  • AOL slammed on instant messaging Oct 8, 2000 usatoday 
  • EU Objection to AOL Merger Resolved Oct 8, 2000 washtech 
  • AOL Fires Back at Disney Over Opposition to Deal Oct 8, 2000 washtech 
  • TW Puts AOL Before EMI Oct 8, 2000 telegraph 
  • AOL Said Not Living Up To Promises Oct 8, 2000 lasvegassun 
  • AOL says Disney delayed reporting secrecy breach Oct 2, 2000 mercurycenter 
  • EC Conditions On TW-AOL Deal Expected Oct 2, 2000 infoworld 
  • Time Warner's Open Access A Hollow Promise For ISPs Oct 2, 2000 ispworld 
    • News: Other Investigations

    • Welcome to the Hotel AOL: Where Customers Chick in, but they dont's Check Out, Boardwatch (July 2000) (discussing trouble subscribers have with unsubscribing from AOL which reported resulted in a 44-state attorneys general investigation which led to a 1998 50 point agreement)
    • Class Action Lawsuit Notice