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?~ <br />economic arrangements based upon whether or not the ISP is affiliated with AOL <br />Time Warner. In addition, AOI, Time Warner will operate its broadband cable systems in <br />a manner that does not discriminate among ISP traffic based on affiliation with AOL <br />Time Warner. <br />6. AOL Time Warner will allow ISPs to provide video streaming. AOL Time Warner <br />recognizes that some consumers desire video streaming, and AOL Time Warner will not <br />block or limit it. <br />7. AOL Time Warner will allow ISPs to connect to its broadband cable systems without <br />purchasing broadband backbone transport from AOL Time Warner. <br />Consistent with technological capability, AOL Time Warner will offer ISPs the choice to <br />partner with it to offer broadband Internet service on a national (on all AOL Time Warner <br />cable systems), regional or local basis, in order to facilitate the ability of consumers to <br />choose among ISPs of different size and scope. AOL Time Warner is committed to bring <br />the benefits of the Internet to all Americans, and will not allow ISPs to offer "redlined" <br />service to only a portion of an AOL Time Warner cable system that is fully enabled to <br />provide broadband service. <br />9. AOL Time Warner is also committed to allow both the cable operator and the ISP to have <br />the opportunity to have a direct relationship with the consumer. Accordingly, both the <br />cable operator and the ISP will be allowed to market and sell broadband service directly <br />to customers. When AOL Tune Warner's cable systems sell broadband Internet service to <br />a customer, they will be entirely responsible for billing and collection. When an ISP sells <br />broadband Internet service directly to a customer, it may, if it so chooses, bill and collect <br />from the customer directly. <br />10. This MOU represents an initial step by Time Warner and AOL to articulate the terms, <br />conditions and parameters under which a combined AOL Time Warner will offer <br />consumers access to multiple ISPs on its broadband cable systems. It is the intention of <br />the parties to continue to refine those particulars in a manner that is responsive to, and <br />consistent with, the desire of consumers to have a choice among multiple ISPs offering <br />broadband service and the still-evolving nature of the cable infrastructure. <br />11. All of the foregoing is subject to all pre-existing obligations of Time Warner, including <br />without limitation Time Warner's agreements with Serviceco, LLC (d/b/a Road Runner) <br />and its fiduciary and other obligations to its partners. However, Time Warner will <br />endeavor to reach agreements and accommodations with third parties to which <br />pre-existing obligations are due that would permit the full implementation of the <br />commitments described herein as quickly as possible. <br />Franchise Fee U-Tax Auditing & Cable Television Administration <br />101 Pocono Lane, Cary, North Carolina 27513-5316 Voice # 919.467.5392 Fax # 919.460.6868 <br />