**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | *  | CS Docket No. 00-30          |
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| 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 |    |                              |
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| Complaint of STIC.NET, LP        | *) |                              |
| Against AOL Time Warner Inc.     | ** |                              |
| Regarding High-Speed Internet    |    |                              |
| Access Service Merger Conditions | *  |                              |
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**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
    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

[^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.

[^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.