Announced Actions for September 28, 2001

The Commission has received an application from America Online/Time Warner, Inc. (AOLTW) requesting approval of a non-affiliated Internet service provider (ISP) and alternative cable broadband service agreement. Pursuant to Paragraph II.A.2 of the decision and order finalized by the Commission on April 17, 2001 concerning AOL’s acquisition of Time Warner, Inc., AOLTW has requested FTC approval of: 1) New York Connect.Net, Ltd. (NYCT); and 2) the Alternative Cable Broadband ISP Service Agreement entered into between Time Warner Cable (TWC) and NYCT to provide ISP service in TWC’s New York City division. NYCT is a regional ISP based in New York, New York. Its principal focus is the provision of ISP service to consumers in the New York City area, including the five boroughs, Suffolk County, New York and parts of Westchester County, New York.

The FTC is accepting public comments on the proposed application until October 24, 2001. Comments should be sent to: Federal Trade Commission Office of the Secretary, 600 Pennsylvania Ave., N.W., Washington, D.C. 20580. A public version of the application can be found on the Commission’s Web site at www.ftc.gov.

(FTC File No. 001-0105; staff contact is Daniel P. Ducore, Bureau of Competition, 202-326-2526; see press releases dated November 9, 2000; December 14, 2000; February 26, 2001; and April 18, 2001.)

Publication of Federal Register notice:

The Commission has approved a Federal Register notice regarding the following: Amendment of Part 6 of the FTC’ s Rules of Practice. As detailed in the notice, which will be published shortly, Part 6 sets forth the FTC’s procedures for resolving complaints of discrimination by individuals with disabilities in agency programs or activities. The amendment announced in the notice will implement section 508 of the Rehabilitation Act of 1973, which modifies the complaint rights of such individuals under the Act by expressly authorizing the administrative filing of complaints alleging that an agency’s electronic or information technology procured on or after June 21, 2001, fails to comply with certain federal disability access standards issued under section 508. The Commission vote to approve publication of the Federal Register notice was 5-0. The amendment will become effective upon publication of the notice. (FTC File No. P859907; staff contact is Alex Tang, 202-326-2447.)

Commission approval of proposed divestiture:

The Commission has approved a proposed divestiture from the following: Hoechst AG, Rhone-Poulenc S.A. (renamed Aventis S.A.). The divestiture is required by a consent order issued by the FTC on January 18, 2000, to address competitive concerns raised by the merger of Hoechst and Rhone-Poulenc. Through the divestiture application, Ferghana Partners, the divestiture trustee appointed by the Commission on August 23, 2000, requested FTC approval of Schering AG of Germany as the buyer of the "Refludan Assets," and of the divestiture contract submitted to both the FTC and the European Commission. The Commission vote to approve the divestiture was 4-0, with Chairman Timothy J. Muris not participating. (FTC Docket No. C-3919; staff contact is Daniel P. Ducore, 202-326-2526; see press releases dated December 7, 1999, and August 17, 2001.)

Copies of the documents mentioned in this release are available from the FTC's Web site at http://www.ftc.gov and also from the FTC's Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC works for the consumer to prevent fraudulent, deceptive and unfair business practices in the marketplace and to provide information to help consumers spot, stop and avoid them. To file a complaint, or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form at http://www.ftc.gov. The FTC enters Internet, telemarketing, identity theft and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.