PUBLIC NOTICE![](media/image1.png){width="0.6541666666666667in"
height="0.6604166666666667in"}

FEDERAL COMMUNICATIONS COMMISSION

445 12th STREET, S.W.

WASHINGTON, D.C. 20554 **DA 02-1772**

News media information 202/418-0500 Fax-On-Demand 202/418-2830 Internet:
http://www.fcc.gov ftp.fcc.gov

**MEDIA BUREAU ACTION**

**July 23, 2002**

**AOL Time Warner Inc. submits third progress report on**

**instant messaging interoperability**

# CS DOCKET NO. 00-30

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 the merged company's instant messaging
("IM") product. In conjunction with these requirements, the Commission
found that AOL Time Warner Inc. ("AOL Time Warner") must file a progress
report with the Commission 180 days after the release of the *Memorandum
Opinion and Order* and every 180 days thereafter, describing the actions
it has taken to achieve interoperability between its IM offerings[^2]
and others\' IM offerings.[^3] On July 16, 2002, AOL Time Warner filed
its third IM progress report with the Commission. In the *Memorandum
Opinion and Order*, the Commission stated that this report would be
placed on public notice for comment. Accordingly, we are releasing this
public notice.

Interested parties may file comments regarding AOL Time Warner's third
IM progress report no later than August 12, 2002. Comments may be filed
using the Commission's Electronic Filing System (ECFS), at
**\<<http://www.fcc.gov/e-file/ecfs.html>\>**, or by filing paper
copies. All pleadings are to reference **CS Docket No. 00-30**.

Interested parties filing paper copies must send an original and four
copies of each filing and reference the above designated docket. Filings
can be sent by hand or messenger delivery, by commercial overnight
courier, or by first-class or overnight U.S. Postal Service mail
(although we continue to experience delays in receiving U.S. Postal
Service mail). The Commission's contractor, Vistronix, Inc., will
receive hand-delivered or messenger-delivered paper filings for the
Commission's Secretary, Marlene H. Dortch, at 236 Massachusetts Avenue,
NE, Suite 110, Washington, D.C. 20002. The filing hours at this location
are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together
with rubber bands or fasteners. Any envelopes must be disposed of before
entering the building. Commercial overnight mail (other than U.S. Postal
Service Express Mail and Priority Mail) must be sent to 9300 East
Hampton Drive, Capitol Heights, MD 20743. U.S. Postal Service
first-class mail, Express Mail, and Priority Mail should be addressed to
445 12^th^ Street, SW, Washington, DC 20554. All filings must be
addressed to the Commission's Secretary, Marlene H. Dortch, Office of
the Secretary, Federal Communications Commission. Interested parties
also must send either one electronic copy via e-mail or a paper copy of
each filing to Qualex International, Portals II, 445 12^th^ Street, SW,
Room CY-B402, Washington, DC 20554, telephone (202) 863-2893, facsimile
(202) 863-2898, or email at <qualexint@aol.com>; three (3) paper copies
of their filing to Linda Senecal, Industry Analysis Division, Media
Bureau, Federal Communications Commission, 445 12^th^ Street, SW, Room
2-C438, Washington, DC 20554; and one electronic copy via e-mail to
<lsenecal@fcc.gov>.

In lieu of filing paper pleadings, parties may also file pleadings using
ECFS.[^4] Pleadings filed through the ECFS can be sent as an electronic
file via the Internet to \<http://www.fcc.gov/e-file/ecfs.html\>.
Generally, only one copy of an electronic submission must be filed. In
completing the transmittal screen, commenters should include their full
name, U.S. Postal Service mailing address, and the applicable docket
number. Parties may also submit an electronic comment by Internet
e-mail. To receive filing instructions for e-mail comments, commenters
should send an e-mail to ecfs@fcc.gov, and should include the following
words in the body of the message, \"get form \<your e-mail address\>.\"
A sample form and directions will be sent in reply.

This proceeding has been designated as "permit but disclose" for
purposes of the Commission's *ex parte* rules.[^5] *Ex parte*
presentations will be governed by the procedures set forth in Section
1.1206 of the Commission\'s rules applicable to non-restricted
proceedings.[^6] Parties making oral *ex parte* presentations are
reminded that memoranda summarizing the presentation must contain a
summary of the substance of the presentation and not merely a listing of
the subjects discussed. More than a one or two sentence description of
the views and arguments presented generally is required.[^7] Interested
parties shall file an original and one copy of each summary of an oral
*ex parte* presentation and any written *ex parte* presentation with the
Commission Secretary, Marlene H. Dortch, and should follow the
procedures set forth in the paragraph above for sending their
submissions by mail, commercial overnight courier, or hand delivery.

Copies of AOL Time Warner's third IM progress report and other documents
filed in this matter may be obtained from Qualex International, 445 12th
Street, S.W., Room CY-B402, Washington, D.C. 20554, and will also be
available through ECFS. These documents are also available for public
inspection and copying during normal reference room hours at the
Commission\'s Reference Information Center, 445 12th Street, S.W.,
CY-A257, Washington, D.C. 20554. In addition, AOL Time Warner's report
is available electronically through the Media Bureau's Internet home
page at \<http://www.fcc.gov/mb\>.

Alternate formats of this public notice (computer diskette, large print,
audio recording, and Braille) are available to persons with disabilities
by contacting Brian Millin at (202) 418-7426 voice, (202) 418-7365 TTY,
or e-mail at bmillin@fcc.gov.

The media contact for this proceeding is Margo Domon Davenport, (202)
418-2949. The Media Bureau Contacts are Linda Senecal (202) 418-7044,
and William Cox (202) 418-2173.

**- FCC -**

[^1]: *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*, CS Docket No. 00-30, Memorandum Opinion and Order, 16
    FCC Rcd 6547 (2001) ("*AOL Time Warner Merger Order*").

[^2]: Within \"its IM offerings,\" we include the IM offered as part of
    AOL\'s basic proprietary Internet access service, AIM, ICQ, any IM
    that is sponsored by AOL Time Warner and is included in Road Runner,
    and any new IM-based service that uses the NPD that AOL uses for its
    IM (*See AOL Time Warner Merger Order*, 16 FCC Rcd at 6629, n.498).

[^3]: *See AOL Time Warner Merger Order*, 16 FCC Rcd at 6629, 6680.

[^4]: *See* *Electronic Filing of Documents in Rulemaking Proceedings*,
    63 Fed. Reg. 24,121 (1998).

[^5]: *America Online, Inc. and Time Warner, Inc. Seek FCC Consent for a
    Proposed Transfer of Control*, 15 FCC Rcd 5699 (2000). *See
    generally* 47 C.F.R. §§ 1.1200-1.1216.

[^6]: An *ex parte* presentation is any communication (spoken or
    written) directed to the merits or outcome of a proceeding made to a
    Commissioner, a Commissioner\'s assistant, or other decision-making
    staff member, that, if written, is not served on other parties to
    the proceeding or, if oral, is made without an opportunity for all
    parties to be present. 47 C.F.R. § 1.1201.

[^7]: *See* 47 C.F.R. § 1.1206(b)(2). Other rules pertaining to oral and
    written presentations are set forth in 47 C.F.R. § 1.1206(b).