Steve Heins, Marketing Director for local Internet Service Provider NorthNet and a major national voice in the effort to ensure open access of high speed cable lines for small and medium sized ISP's, reponded to four questions from Tony Palmeri regarding the Federal Trade Commission's recent approval of the AOL-Time Warner merger. Steve Heins can be reached at Steveh@northnet.net

Question #1: From what you have so far learned about the merger terms, are you satisfied that that open access will be protected?

Heins: Here are the reasons I am satisfied with the FTC's approval of the AOL/Time-Warner merger. There are:

• First Amendment protections of all content available on the Internet
• An enforceable right of negotiations for all ISPs
• A requirement that AOL/Time-Warner negotiate “in good faith”
• A creation of a “Monitor Trustee” for the next five years to ensure the merged company delivers on its promises of unaffiliated ISP access
• All ISPs will receive Most Favorite Nation treatment, which guarantees the same wholesale price as AOL for everyone
• Creates a “Notice of Complaint” process or direct bitch line to the Monitor Trustee for all ISPs
• FTC’s “Right to Review” AOL/Time-Warner Time Sheet Offers for the next five years
• The right to the same quality of Internet connection as AOL
• A ninety day time frame for competing ISPs to gain access after AOL does
• AOL/Time-Warner guarantees that cable access is “ready for immediate use”

Question #2: FTC Commissioner Mozelle Thompson still has concerns about open access, yet he still voted in favor of the merger. Why do you think the commissioners approved the merger even if concerns about open access still exist?

Heins: FTC Commissioner Mozelle Thompson correctly perceives that the FCC still has their work to do, which is ouside the mandate of the FTC. Given the hands-off approach of the FCC for the last two years, I think the Commissioner has reason to be worried. That is why the FTC's action is a large first step, but much work remains undone.

Question #3: Do you think the FCC will rubber stamp the FTC vote?

Heins: Not if the ISP Tabernacle choir, including its soprano (NorthNet/Steve Heins) have their way.

Question #4: What will small and medium sized ISP's do at this point? Will you be back in touch with Pitofsky?

Heins: We will begin lobbying the FCC to deal withmore specific issues like business-class services which should be included in the Open Access Business Model approved by the FCC. The actual pricing for wholesale access will also receive our attention. Yes, I will be sending a letter of congratulations to Chairman Pitofsky and his staff, especially in light of the degree of complexity in the Open Access issue. On the other hand, Chairman Kennard of the FCC will receive several letters of admonishment from me for his hands-off policy of cable broadband access. In light of the importance of this third generation of the Internet usage and the FTC's enlightened approach to the AOL/Time-Warner merger, the FCC must be made to understand that broadband is too essential to be left in the hands of a few large cable companies. Democracy depends universal access to the future of technology: Broadband Internet Services.

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