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15 <br />Exhibit II <br />MEMORANDUM OF UNDERSTANDING <br />Between <br />Time Warner Inc. <br />And <br />America Online, Inc. <br />REGARDING OPEN ACCESS BUSINESS PRACTICES <br />February 29, 2000 <br />1. This Memorandum of Understanding ("MOU") sets out the commitments that AOL Time <br />Warner will make to provide open access (i.e., to make a~ choice of multiple Internet <br />Service Providers ("ISPs") available to consumers) on its broadband cable systems. It is <br />the intention of the parties to enter into as quickly as possible a binding definitive <br />agreement to provide broadband AOL service on Time Warner's cable systems, which <br />will be used as a model for the .commercial agreements that will be available to other <br />ISPs. <br />2. AOL Time Warner is committed to offer consumers a choice among multiple ISPs. <br />Consumers will not be required to purchase service from an ISP that is affiliated with <br />AOL Time Warner in order to enjoy broadband Internet service over AOL Time Warner <br />cable systems. AOL Time Warner intends to encourage actively other cable operators <br />sirnilarly to provide consumers with a choice of broadband ISP offerings. <br />3. AOL Time Warner will effectuate such choice for consumers by negotiating arm's-length <br />commercial agreements with~both affiliated (such as AOL) and unaffiliated ISPs that <br />wish to offer service on the AOL Time Warner broadband cable systems. Pursuant to <br />such commercial agreements; AOL Time Warner will partner with ISPs to offer <br />consumers a choice of competing broadband Internet service offerings, <br />4. AOL Time Warner will not place any fixed limit on the number of ISPs with which it will <br />enter into commercial arrangements to provide broadband service to consumers. AOL <br />Time Warner will provide its consumers with a broad choice among ISFs, consistent with <br />providing a quality consumer experience and any technological limitations in providing <br />mulriple ISPs on its broadband cable systems. <br />5. The terms of the commercial agreements between AOL Time Warner and ISPs wishing <br />to provide broadband service will not discriminate on the basis of whether the ISP is <br />affiliated with AOL Time Warner. Thus, while the economic arrangements reached by <br />AOL Time Warner and ISPs wishing to provide broadband service will vary depending <br />on a number of factors (such as the speed, marketing commitments, and nature and tier of <br />the service desired to be offered), AOL Time Warner will not discriminate in those <br />economic arrangements based upon whether or not the ISP is affiliated with AOL Time <br />