ven required that cable television providers offer ISPs access at any price. 26. See, for example, the complaint filed at the FCC in 2004: Earthlink, Inc., Com- plainant, V. SBC Communications, Inc. and SBC Advanced Solutions, Inc., May 2004. 27. The Ninth Circuit recently overturned this FCC ruling. See chapter 2. 28. Thomas W. Hazlett, "Regulation and Vertical Integration in Broadband Access Sup- ply," in Crandall and Alleman, Broadband. 29. An exception is Christopher S. Yoo, "Would Mandating Broadband Network Neu- trality Help or Hurt Competition? A Comment on the End-to-End Debate," Journal on Telecommunications and High Technology Law 3. vol. 1 (2004): 23-68. 30. For a discussion of some of these earlier precedents, see Crandall, Hahn, and Tardiff, "The Benefits of Broadband and the Effect of Regulation." See also Robert W. Crandall, "The Remedy for the 'Bottleneck Monopoly' in Telecom: Isolate It, Share It, or Ignore It," University of Chicago Law Review 2005 (forthcoming). 31. In the Matter of America Online, Inc. and Time Warner Inc., FTC Docket C-3989, Agreement Containing Consent Orders; Decision and Order, 2000 WL 1843019 (FTC) (proposed December 14,2000) ("FTC Consent Agreement"). For a discussion of the prob- lems posed by the merger, see Gerald R. Faulhaber "Network Effects and Merger Analysis: Instant Messaging and the AOL-Time Warner Case, Telecommunications Policy 26 (June 5-6, 2002): 311-33; and Faulhaber, "Access and Network Effects in the 'New Economy': AOL-Time Warner," in The Antitrust Revolution, edited by John E. Kwoka Jr. and Lawrence J. White, 4th ed. (Oxford University Press, 2003). 32. From the beginning of 2001 through June 30, 2004, AOL-Time Warner (now Time Warner) had lost about 50 percent of its value whereas the S&P 500 was down only 14 percent. 33. See Robert W. Crandall and Clifford Winston, "Does Antitrust Policy Improve Consumer Welfare? Assessing the Evidence," Journal of Economic Perspectives 17 (Fall 2003): 3-26. 34. In 1994 only 2 percent of households had access to the 