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 PUBLIC  NOTICE  FEDERAL  COMMUNICATIONS  COMMISSION  445  12th  STREET,  S.  W.  WASHINGTON,  D.  C.  20554  DA  01-  1791 
 News  media  information  202/  418-  0500  Fax-  On-  Demand  202/  418-  2830  Internet:  http://  www.  fcc.  gov  ftp.  fcc.  gov 
 CABLE  SERVICES  BUREAU  ACTION  July  26,  2001 

 AOL  TIME  WARNER  INC.  SUBMITS  PROGRESS  REPORT  REGARDING  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  Commissions 
 merger  conditions  included  requirements  regarding  the  merged  companys  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  23,  2001,  AOL 
 Time  Warner  filed  its  initial  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  Warners  IM  progress  report  no  later 
 than  20  days  after  the  release  date  of  this  public  notice.  All  pleadings  are  to  reference  CS  Docket  No.  00- 
 30.  An  original  and  4  copies  of  all  pleadings,  in  accordance  with  section  1.51(  c)  of  the  Commission's  Rules,  4  must  be  filed  with  the  Commission's  Secretary,  Magalie  Roman  Salas,  445  12th  Street,  S.  W.,  TW-B204, 

 Washington,  D.  C.  20554.  One  copy  of  each  pleading  also  must  be  filed  with  other  offices,  as 
 follows:  (1)  International  Transcription  Service,  Inc.,  at  445  12th  Street,  S.  W.,  Room  CY-  B400, 
 Washington,  D.  C.  20554,  telephone  (202)  314-  3070,  TTY  (202)  293-  8810,  facsimile  (202)  314-  3076, 
 Internet:  http://  www.  itsdocs.  com;  and  (2)  Royce  Dickens  Sherlock,  Cable  Services  Bureau,  445  12th 
 Street,  S.  W.,  3-  A729,  Washington,  D.  C.  20554.  In  addition,  twelve  copies  of  each  pleading  must  be  filed 
 with  Linda  Senecal,  Cable  Services  Bureau,  445  12th  Street,  S.  W.,  3-  A734,  Washington,  D.  C.  20554. 

 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.  Transforers,  to  AOL  Time  Warner,  Inc.,  Transforee,  CS  Docket  No.  00- 
 30,  Memorandum  Opinion  and  Order,  FCC  01-  12  (rel.  Jan.  22,  2001). 

 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  Memorandum  Opinion  and  Order  at  note  498). 

 3  See  Memorandum  Opinion  and  Order    197. 

 4  47  C.  F.  R.    1.  51(  c). 
1
 2 
 In  lieu  of  filing  paper  pleadings,  parties  may  also  file  pleadings  using  the  Commission's 
 Electronic  Comment  Filing  System  (ECFS).  5  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.  Electronic  filers  should  include  their  full  name,  Postal  Service 
 mailing  address,  and  the  applicable  docket  number.  Parties  also  may  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  Commissions 
 ex  parte  rules.  6  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.  7  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.  8  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,  Magalie  Roman  Salas,  445  12th  Street,  S.  W.,  TW-  B204, 
 Washington,  D.  C.  20554.  Parties  shall  also  serve  one  copy  of  each  such  filing  on  (1)  the  International 
 Transcription  Service,  Inc.,  the  Commission's  duplicating  contractor,  at  445  12th  Street,  S.  W.,  Room  CY-B400 
 Washington,  D.  C.  20554,  telephone  (202)  314-  3070,  TTY  (202)  293-  8810,  facsimile  (202)  314- 
 3076,  Internet:  http://  www.  itsdocs.  com;  (2)  Royce  Dickens  Sherlock,  Cable  Services  Bureau,  445  12th 
 Street,  S.  W.,  3-  A729,  Washington,  D.  C.  20554,  and  (3)  Linda  Senecal,  Cable  Services  Bureau,  445  12th 
 Street,  S.  W.,  3-  A734,  Washington,  D.  C.  20554. 

 Copies  of  AOL  Time  Warners  IM  progress  report  and  other  documents  filed  in  this  matter  may 
 be  obtained  from  the  International  Transcription  Service,  Inc.,  445  12th  Street,  S.  W.,  Room  CY-  B400, 
 Washington,  D.  C.  20554,  telephone  (202)  314-  3070,  TTY  (202)  293-  8810,  facsimile  (202)  314-  3076, 
 Internet:  http://  www.  itsdocs.  com.  Copies  also  will  be  available  through  the  Commission's  Electronic 
 Comment  Filing  System  and  will  be  available  for  public  inspection  and  copying  during  normal  reference 
 room  hours  at  the  Commission's  Reference  Center,  445  12th  Street,  S.  W.,  CY-  A257,  Washington,  D.  C. 
 20554,  telephone  (202)  418-  7092.  In  addition,  AOL  Time  Warners  report  is  available  electronically 
 through  the  Cable  Services  Bureaus  Internet  home  page  at  http://  www.  fcc.  gov/  csb. 

 Media  contact:  Michelle  Russo  (202)  418-  2358. 
 Cable  Services  Bureau  Contact:  Linda  Senecal  (202)  418-  7044,  or  Nancy  Stevenson  (202)  418-  7039. 
 TTY:  (202)  418-  7172  or  (888)  835-  5322. 

 5  See  Electronic  Filing  of  Documents  in  Rulemaking  Proceedings,  63  Fed.  Reg.  24,  121  (1998). 
 6  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. 
 7  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. 

 8  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). 
2