Letter from James Ciconni (AT&T), David Baker (Mindspring), and Kenneth Fellman.
To: FCC Chairman William Kennard.

Re: Open access to Internet at high speed over cable.
Date: December 6, 1999.
Source: AT&T.

December 6, 1999

Chairman William E. Kennard
Federal Communications Commission
445 Twelfth Street, SW, Room 8-B20
Washington, DC 20554

Dear Chairman Kennard:

At your suggestion, the undersigned met to discuss an acceptable means of providing consumers with a choice of Internet Service Providers (ďISPsĒ) when connecting to the Internet at high speed over cable.  After a series of extensive discussions, this effort has produced the principles set forth below.  While there remains disagreement concerning current exclusive contractual arrangements between AT&T and other companies, AT&T has agreed to adhere to the following principles once these exclusive contractual arrangements no longer apply.

AT&T will work toward, and implement, high-speed Internet access over cable that will provide consumers with:

To that end, AT&T is prepared to negotiate private commercial arrangements with multiple ISPs, to take effect upon the expiration of existing exclusive contractual arrangements, that would provide the ISP:

Any such opportunities will be subject to terms and conditions to be agreed upon by the parties which will address, as appropriate, but not be limited to issues such as pricing, billing, customer relationship, design of start page, degree of customization, speed, system usage, caching services, co-branding, ancillary services, advertising and e-commerce revenues, and infrastructure costs.

Please do not hesitate to call any of us if you have any questions.




David N. Baker
Vice President Legal & Regulatory Affairs
Mindspring Enterprises, Inc


James W. Cicconi
General Counsel & Executive Vice President
AT&T Corp.



Kenneth S. Fellman, Esq.
Chairman, FCC Local & State Government Advisory Committee


cc: Commissioner Ness
Commissioner Furchtgott-Roth
Commissioner Powell
Commissioner Tristani