Broadcasting&Cable

The New York State Supreme Court's appellate division has cleared the way for the state to continue pursuing a lawsuit against Charter Communications over broadband speed claims. The appellate court ruled that the FCC's 2015 Open Internet Order's transparency rules did not give the commission the power to preempt the state's lawsuit and said the state's claims are actionable.

MoffettNathanson analyst Craig Moffett says that AT&T-Time Warner's court victory should not be seen as a green light for vertical mergers (ones combining distribution with content), particularly ones involving an ISP and a content company, say Comcast-Fox for instance. Moffett argues that the Department of Justice tried the wrong case by focusing its argument on the combination of the Turner linear networks and distributor DirecTV (owned by AT&T) and the alleged impact on Turner's independent distributors--increased consumer prices to consumers.

The Communications Workers of America, National Association of Broadcast Employees and Technicians-CWA, the NewsGuild-CWA, and the Parents Television Council have all filed petitions with the Federal Communications Commission asking it to deny the merger between Sinclair and Tribune, which would create the largest broadcast group in the country with over 200 stations.

Federal Communications Commission nominee Geoffrey Starks got a thorough vetting by the Senate Commerce Committee June 20, including a charge from Committee Chairman John Thune (R-SD), who said the "hyperpartisanship of the last commission must come to an end" and called on Starks to "seek opportunities for common ground." Chairman Thune suggested the model for that was the current FCC Chairman Ajit Pai and his "spirit of openness, transparency and collaboration" that he encouraged Starks to embrace.

Despite recent buzz that Federal Communications Commission Chairman Ajit Pai would be scheduling a vote at the July 12 public meeting on a proposal related to the FCC's review of the 39% ownership cap/UHF discounts, such an item did not make the agenda.

T-Mobile and Sprint have filed with the Federal Communications Commission for approval of their proposed merger, and promised in their public interest statement that the deal would create more jobs, more choice in video and business service, and world-class 5G service, while lowering consumer prices and helping close the rural high-speed divide. They said the goal is to beat AT&T and Verizon, not emulate them. They pointed to Verizon and AT&T getting into other businesses, saying that is not their strategy. 

The Federal Communications Commission has opened a comment docket on the proposed T-Mobile-Sprint merger and signaled the deal is about to be filed with the commission. The two wireless companies announced April 29 that they had struck a deal to merge that valued the combined company at $146 billion (including debt). It is only the latest in a flurry of merger activity, from the approval of the AT&T-Time Warner deal by a federal judge to Comcast's announced play for 21st Century Fox assets.  The FCC has even set up its 180-day shot clock on the proposed T-Mobile-Sprint meld, though it w