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Time Warner Cable took the FCC up on its offer to seek...

Time Warner Cable took the FCC up on its offer to seek removal of the one remaining condition on Time Warner Inc.’s 2001 purchase by AOL. The cable operator asked last week that it no longer be barred from discriminating…

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against other ISPs on the basis of what was then called AOL Time Warner’s affiliation with AOL. In removing at Time Warner Inc.’s request other curbs on the deal, the commission invited the cable operator to ask for the AOL/ISP affiliation condition to likewise be nixed (CD Jan 10 p9). “TWC has no incentive or ability to prefer AOL vis-à-vis unaffiliated broadband ISPs -- and, indeed, AOL no longer even operates as a broadband ISP,” Time Warner Cable said in a request posted Thursday to docket 00-30 (http://xrl.us/bmxk8f). “The remaining condition has no purpose or effect.” The order OK'ing the creation of AOL Time Warner said the combined company could ask for conditions that no longer apply to be cut, the filing noted. “The unwinding of the AOL Time Warner merger standing alone is sufficient to warrant elimination of the condition, and AOL’s departure from the broadband ISP marketplace further confirms that the condition no longer serves any purpose."