The Federal Communications Commission Tuesday dismissed on procedural grounds a complaint alleging that AOL Time Warner Inc. had discriminated against a Texas-based Internet-service provider in violation of the agency's America Online Inc.-Time Warner Inc. merger order in 2001.
South Texas Internet Connections (STIC.NET) filed the complaint Sept. 25, but FCC Media Bureau chief Kenneth Ferree dismissed it, claiming that it lacked supporting documentation or affidavits as required by agency rules.
"The complaint, as filed, is not sufficient to make a reasoned analysis," Ferree said in a two-page order.
San Antonio-based STIC.NET was not barred from refiling the complaint, Ferree wrote. STIC.NET president David Robertson said he planned to amend the complaint and refile.
The ISP has an agreement to access high-speed-data consumers over some Time Warner Cable systems in Texas. In the complaint, STIC.NET accused the MSO of predatory pricing by offering retail rates well below STIC.NET's wholesale rate.
STIC.NET also alleged that it was barred from serving businesses and from providing Internet-protocol telephony in a manner that could cause regulators to classify it as a telecommunications service.