FCC Seeks Input on NCTA Crossownership Petition

On June 21, 2011, the National Cable and Telecommunications Association (NCTA) filed a petition for declaratory ruling and a conditional petition for forbearance. In both petitions, NCTA seeks to limit or prevent the application of section 652 of the Communications Act of 1934 to mergers and acquisitions between cable operators and certain competitive local exchange carriers (LECs). (Section 652 places cross-ownership restrictions on certain transactions.)

Specifically, NCTA asks the Federal Communications Commission to clarify that section 652 does not restrict transactions between cable operators and competitive LECs. If the FCC decides that section 652 does apply to such transactions, NCTA seeks forbearance from this restriction or, in the alternative, from the section 652(d)(6)(B) requirement that the relevant local franchising authorities approve of such waiver. Finally, if the FCC declines to grant the petitions, “NCTA requests that the Commission establish substantive standards and time limits to facilitate expeditious consideration of waiver requests, including standards that apply to LFAs.”

Parties may file comments on either or both petitions on or before August 22, 2011 and reply comment on or before September 21, 2011. All pleadings should reference WC Docket No. 11-118.