Press Release

Wednesday, April 26, 2000

Contact:

· Mark Cooper, Consumer Federation of America (301) 384-2204
MarkCooper@aol.com - www.consumerfed.org

· Gene Kimmelman and David Butler, Consumers Union (202) 462-6262
butlda@consumer.org

· Andrew Jay Schwartzman, Media Access Project (202) 454-5681
andys@mediaaccess.org - www.mediaaccess.org

· Jeff Chester, Center for Media Education (202) 331-7833
cme@cme.org - www.cme.org

 

 

CONSUMER AND PUBLIC INTEREST GROUPS ASK FCC
TO BLOCK AOL-TIME WARNER MERGER

Washington, D.C - 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.

Consumers Union (CU), Consumer Federation of America (CFA), Media Access Project (MAP), and the Center for Media Education (CME) filed a formal petition with the Federal Communications Commission (FCC) today in opposition to the deal, which would fuse the country's largest online company with the world's biggest media and entertainment conglomerate.

The groups contend that the merger would reduce the diversity and program choices in video and Internet content. They also believe that it would impede innovation and economic growth in the Internet sector.

The "petition to deny" seeks to block FCC approval of the merger. It is accompanied by a report that details a wide array of harms and legal violations that the groups believe would result from the merger. Among the findings:

· The merger would allow two enormous firms to dominate the markets for broadband and narrowband Internet services, cable television, and other entertainment services, which could leave consumers with higher prices, fewer choices, and the stifling of free expression on the Internet.

· The business links between AOL Time Warner and telecommunications giant AT&T would create cross ownership problems that violate antitrust merger guidelines and the FCC's public interest principles.

· AOL was once a vigorous advocate for rules to require that cable wires be left open to competitors to provide Internet services. Now that AOL stands to become the owner of cable properties, it has changed its view, arguing that open access should be more limited and merely voluntary.

"AOL Time Warner involves a complex web of cable and Internet properties that would be in a position to thwart competition in many markets across the country," said Gene Kimmelman, Co-Director of CU's Washington DC office. "This merger links AOL with AT&T, making them the two largest cable companies in the United States controlling over half of America's cable lines and nearly half of the most-watched channels on cable TV. They would also control access to more than half of the narrowband Internet subscribers and three-quarters of the broadband Internet customers," Kimmelman said.

"Before AOL purchased a cable company, it claimed that the cable industry had such a stranglehold on the emerging Internet that regulators need to impose nondiscriminatory open access rules for broadband transmission," said Dr. Mark Cooper, Research Director for CFA and lead author of the report. "The voluntary open access it has offered in its Memorandum of Understanding with Time Warner does not even come close. That is why we are asking the FCC to impose AOL's own nondiscrimination rules on AOL's cable affiliates."

"Emerging technologies offer unprecedented opportunities for a wide range of civic discourse and innovative forms of program content," said Andrew Jay Schwartzman, MAP President and CEO. "However, the sheer size of these two companies' assets and their inadequate commitment to open access fall short of what the public interest requires and the law permits," Schwartzman stated.

"Companies such as AOL-Time Warner and AT&T, which control both conduit and content, need to be held to a high public standard," observed Jeffrey Chester, Executive Director of CME. "They will wield tremendous power in the marketplace of ideas, with the ability to shape the future of the Internet and other digital media. The FCC can no longer afford to sit back and watch this parade of media giants march by without enacting the necessary safeguards to ensure open, fair, and competitive access."

The Consumer Federation of America is the nation's largest consumer advocacy group, composed of over two hundred and forty state and local affiliates representing consumer, senior, citizen, low-income, labor, farm, public power an cooperative organizations, with more than fifty million individual members.

Consumers Union, publisher of Consumer Reports magazine, is an independent and nonprofit testing, educational and information organization serving only the consumers. We are a comprehensive source of unbiased advice about products and services, personal finance, health, nutrition and other consumer concerns.

Media Access Project is a twenty-six-year old nonprofit, public interest law firm that represents the interests of the public to speak and to receive information via the electronic media of today and tomorrow.

The Center for Media Education The Center for Media Education is a national nonprofit organization dedicated to improving the quality of electronic media. Its Broadband Initiative (www.cme.org/broadband) focuses on the arrival of high-speed Internet connections that will largely shape the way Americans communicate in the twenty-first century.
 


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