The US Federal Communications Commission is nearing approval of America Online's merger with Time Warner, without the tougher restrictions that were being debated.
One year after the deal (currently valued at about US$94 billion) was announced, the final regulatory hurdle could be overcome in days.
The FCC is nearing a vote without including more stringent restrictions on instant messaging, according to people familiar with the deliberations.
Approval has been delayed by disagreement among the five-member commission's three Democrats over the issue. Gloria Tristani had been holding out for tougher conditions to be imposed on the emerging instant-messaging market, a powerful new Internet technology dominated by AOL.
The agency is expected to require AOL to begin opening instant-messaging services to rivals as it rolls out advanced services such as video over instant-messaging channels, a key condition of the deal. Tristani had sought to ensure that AOL couldn't get around opening up its service or go back later and try to change that condition.
Chairman William Kennard and Commissioner Susan Ness decided to proceed to a vote without Tristani's backing, joining Republican members Harold Furchtgott-Roth and Michael Powell, who favored approval of the merger with few, if any, further conditions, lawyers close to deliberations said.
