One commissioner, Harold W. Furchtgott-Roth, has even voted to approve the merger, according to sources. He was not available for comment, but one of his staffers confirmed that he has voted on the matter. The other FCC commissioners are working out the fine points of a draft order under consideration. One commissioner, Gloria Tristani, still has strong concerns about the merger, sources said. Under FCC rules, commissioners can vote over an extended period.
Individual members can reconsider their action if conditions are later added by other members.
Instant messages are short notes that Internet users can send to one another in real time. AOL dominates the field, but currently blocks its freely available system from working with competing instant-messaging systems because it says it is concerned about its users' privacy and security. The FCC also is debating how to treat interactive television, a nascent field that AOL could exploit with Time Warner, sources said. Under one scenario, the agency would impose a provision to prevent AOL and Time Warner from discriminating against rival programmers in the delivery of content. The company's flagship online service added more than 70,000 subscribers worldwide on Christmas Day, about 30 percent more than last year, AOL said.