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6 <br />Attachmenet A <br />MEMORANDUM OF UNDERSTANDING <br />Between <br />Time Warner Inc. <br />And <br />America Online, Inc. <br />REGARCING OPEN ACCESS BUSINESS PRACTICES <br />February 29, 2000 <br />1. This Memorandum of Understanding ("MOU") sets out the <br />commitments that AOL Time Warner will make to provide open <br />access (i.e„ to make a choice of multiple Intemet Service Providers <br />("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 <br />binding definitive agreement to provide broadband AOL service on Time <br />Warner's cable systems, which will be used as a model for the <br />commercial agreements that will be available to other ISPs. <br />2. AOL Time Warner is committed to offer consumers a choice among <br />multiple ISPs. Consumers will not be required to purchase service <br />from an ISP that is affiliated with AOL Time Warner in order to enjoy <br />broadband Intemet service over AOL Time Wamer cable systems. <br />AOL Time Wamer intends to encourage actively other cable operators <br />similarly to provide consumers with a choice of broadband ISP <br />offerings. <br />3. AOL Time Wamer wilt effectuate such choice for consumers by <br />negotiating arm's-length commercial agreements with both affiliated <br />(such as AOL) and unaffiliated ISPs that wish to offer service on the <br />AOL Time Wamer broadband cable systems. Pursuant to such <br />commercial agreements, AOL Time Warner will partner with ISPs to <br />offer consumers a choice of competing broadband Internet service <br />offerings. <br />Q. AOL Time Warner will not place any fixed limit on the number of <br />ISPs with which it will enter into commercial arrangements to provide <br />broadband service to consumers. AOL Time Wamer will provide its <br />consumers with a broad choice among ISPs, consistent with providing <br />a quality consumer experience and any technological limitations in <br />providing multiple ISPs on its broadband cable systems. <br />5. The terms of the commercial agreements between AOL Time <br />Warner and ISPs wishing to provide broadband service will nat <br />discriminate on the basis of whether the ISP is affiliated with AOL <br />Time Warner. Thus, while the economic arrangements reached by <br />AOL Time Wamer and ISPs wishing to provide broadband service will <br />vary depending on a number of factors (such as the speed, marketing <br />commitments, and nature and tier of the service desired to be offered), <br />AOL Time Wamer will not discriminate in those economic <br />arrangements based upon whether or not the ISP is affiliated with AOL <br />Time Warner. In addition, AOL Time Warner will operate its broadband <br />cable systems in a manner that does not discriminate among ISP <br />traffic based on affiliation with AOL Time Warner. <br />6. AOL Time Warner will allow ISPs to provide video streaming. AOL <br />Time Warner recognizes that some consumers desire video <br />streaming, and AOL Time Warner will npt block or limit it. <br />