EarthLink joined coalition of consumer groups in calling on FCC t...

order requiring companies to submit all additional materials referenced in restructuring agreement, including 13 exhibits. Thus far, FCC has neither asked for nor received copy of particular exhibit that has drawn interest -- that involving carriage of AOL on what would be merged companies’ lines. Last week, Center for Digital Democracy, Consumer Federation of America, Consumers Union and Media Access Project filed motion asking for similar relief from FCC (CD Sept 6 p4). EarthLink filed its motion separately from those groups. ISP asked FCC, not only to require companies to disclose agreement, but also to provide for supplemental comment period and to suspend 180- day merger review period until after that public comment period. “The Commission cannot effectively carry out its public interest analysis under Sections 214 and 310 of the Communications Act without having access to the documents [in question] and without taking public comment on those documents,” attorneys for EarthLink wrote FCC. “If AOL’s access to Time Warner Cable was important enough for the FCC and FTC to require multiple ISP access, then clearly AOL’s access to an even larger cable system ought to require the same safeguards,” said EarthLink Vp-Law & Public Policy David Baker. He was referring to FTC consent decree that allowed AOL and Time Warner to merge but required AOL Time Warner to carry multiple ISPs. Commission spokeswoman said FCC hadn’t requested those documents from companies but hadn’t ruled out doing so. “We are still reviewing EarthLink’s request,” she said. Comcast spokesman wouldn’t go beyond earlier comments, in which he said company had gone out of its way to make information public, that critics’ arguments were “wildly speculative and inaccurate” and that company would fight any delay in merger review (CD Sept 9 p9)