Time Warner to share network with EarthLink

Time Warner Cable, in an apparent move to enhance its image with the Federal Trade Commission (FTC), agreed to share its high-speed network with the nation's second largest ISP, EarthLink.

The agreement takes direct aim at an FTC requirement that Time Warner open its networks to competing ISPs as a contingency to approving its $129 billion merger with America Online. The two companies said that merger would be delayed so regulators can review the EarthLink agreement.

"The agreement is contingent on FTC approval. We need to allow them time to scrutinize it," said Time Warner spokesman Mike Luftman.

The FTC was expected to rule on the merger next week, based partially on seeing how the Time Warner-AOL combination handles open access. From a policy standpoint, this appears to be an answer and that's why the proposed partners are giving the FTC time to mull it over.

Agreeing to open the networks and actually doing it, though, are different things, from a technology standpoint.

"This is precisely why we're doing the (open access) test in Columbus (Ohio)," Luftman said. "We've been testing since the summer. The test will be expanded in terms of the number of participants in it as well as the technologies to be tested. All of this is new technology and it is so new that not all the software is even available to us to be integrated into the test."

That unavailable software includes material needed for automatic provisioning and back-end functions like billing, customer care and traffic management.

Time Warner has previously said that it is working with ISPs Juno and RMI.NET and that it would work with other ISPs over time.