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 Federal  Communications  Commission  DA  03-  3183 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of 
 Applications  for  Consent  to  the  Transfer  of  Control  of  Licenses  and  Section  214 
 Authorizations  by  Time  Warner  Inc.  and  America  Online,  Inc.,  Transferors,  to  AOL  Time  Warner 
 Inc.,  Transferee 
 Complaint  of  STIC.  NET,  LP  Against  AOL  Time  Warner  Inc.  Regarding  High-  Speed  Internet 
 Access  Service  Merger  Conditions 


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 CS  Docket  No.  00-  30 


 ORDER 
 Adopted:  October  14,  2003  Released:  October  14,  2003 
 By  the  Chief,  Media  Bureau: 
 1.  In  a  Memorandum  Opinion  and  Order  released  January  22,  2001,  1  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  Time  Warner  Inc.  ’s  (Time  Warner)  2  compliance  with  these  requirements.  3  On  September  25,  2003,  STIC.  NET,  LP  (STIC.  NET),  an  ISP,  filed  a  complaint  regarding  AOL  Time  Warner’s 
 compliance  with  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.  5 
 2.  STIC.  NET’s  Complaint  fails  to  comply  with  Section  1.720(  c)  of  the  Commission’s  rules.  Section  1.720(  c)  of  the  Commission’s  rules  requires  that  formal  complaint  pleadings  contain  facts  that  are 


 1  Applications  for  Consent  to  the  Transfer  of  Control  of  Licenses  and  Section  214  Authorizations  by  Time  Warner, 
 Inc.  and  America  Online,  Inc.  Transferors,  to  AOL  Time  Warner,  Inc.,  Transferee,  16  FCC  Rcd  6547  (2001)  (Order). 


 2  AOL  Time  Warner  Inc.  recently  changed  its  corporate  name  to  “Time  Warner  Inc.”  See  AOL  Time  Warner  News 
 Release,  “AOL  Time  Warner  to  Rename  Company  'Time  Warner’”  at  http://  media.  aoltimewarner.  com/  media/  press_  view.  cfm?  release_  num=  55253395,  Sept.  18,  2003. 


 3  Order,  16  FCC  Rcd  at  6600-  03,  ¶¶  126-  127. 
 4  STIC.  NET,  LP  Complaint  Against  AOL  Time  Warner  Inc.,  CS  Docket  No.  00-  30,  filed  Sept.  25,  2003 
 (Complaint).  5 
 The  Order  requires  complainants  to  follow  the  general  pleading  rules  found  in  Parts  1  and  76  of  the  Commission’s  rules.  See  Order,  16  FCC  Rcd  at  6602,  ¶  126. 
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 Federal  Communications  Commission  DA  03-  3183 
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 supported  by  relevant  documentation  or  affidavit.  6  While  STIC.  NET  did  provide  a  reasonably  detailed  report  describing  the  conduct  that  is  the  subject  of  its  complaint,  STIC.  NET  made  no  attempt  to  provide 
 supporting  documentation  or  affidavits.  The  complaint,  as  filed,  is  not  sufficient  to  make  a  reasoned  analysis.  STIC.  NET  did  not  explain  why  a  more  complete  complaint  was  not  submitted  other  than  to  note 
 that  certain  information  is  subject  to  a  non-  disclosure  agreement  or  has  been  provided  to  the  Federal  Trade  Commission.  7  The  Commission  has  procedures  for  the  handling  of  confidential  filings,  and  the 
 Order  expressly  forbade  Time  Warner  from  contractually  preventing  unaffiliated  ISPs  from  disclosing  to  the  Commission  the  terms  of  their  contracts  with  Time  Warner  under  the  Commission’s  confidentiality 
 procedures.  For  these  reasons,  we  do  not  find  STIC.  NET’s  justifications  compelling.  8  In  light  of  STIC.  NET’s  failure  to  provide  the  information  required  by  Section  1.720(  c),  its  Complaint  will  be 
 dismissed  without  prejudice.  STIC.  NET  may  re-  file  its  complaint  at  a  later  date.  If  it  re-  files,  STIC.  NET  should  provide  supporting  documentation  or  affidavits  with  its  filing. 


 3.  Accordingly,  IT  IS  ORDERED,  pursuant  to  Sections  4(  i)  and  (j),  214(  a)  and  (c),  309,  and  310(  d)  of  the  Communications  Act  of  1934  as  amended,  47  U.  S.  C.  §§  154(  i),  154(  j),  214(  a),  214(  c),  309, 
 310(  d),  and  Section  1.720(  c)  of  the  Commission’s  rules,  47  C.  F.  R.  §  1.720(  c),  that  the  Complaint,  filed  by  STIC.  NET,  LP  IS  DIMISSED  WITHOUT  PREJUDICE. 


 4.  This  action  is  taken  pursuant  to  authority  delegated  by  Section  0.283  of  the  Commission’s  rules,  47  C.  F.  R.  §  0.283. 
 FEDERAL  COMMUNICATIONS  COMMISSION 


 W.  Kenneth  Ferree  Chief 
 Media  Bureau 


 6  See  47  C.  F.  R.  §1.  720(  c). 
 7  See  Complaint  at  9,  11-  12. 
 8  See  Order,  16  FCC  Rcd  at  6602,  ¶  126. 
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