July 2011

AT&T merger gets static from progressives, Hill

Democratic support for the AT&T/T-Mobile deal appears to be slipping amid allegations that the company effectively bought the endorsement of some liberal interest groups. The Senate’s top antitrust Democrat came out against the deal last week. Three top House Democrats last week also urged the FCC and the Justice Department to conduct “a careful, comprehensive and expeditious review,” warning that it could hamper innovation and hurt consumers.

The Democrats haven't linked their concerns about the deal to the flap over endorsements from the Gay & Lesbian Alliance Against Defamation, the NAACP and other groups that received contributions from AT&T’s charitable foundation. But some advocates say the connection is there. “There’s no question that AT&T has overplayed its hand,” said Andrew Jay Schwartzman, policy director of the Media Access Project, a nonprofit public interest communications law firm that has asked regulators to stop the wireless deal. “Some of the groups who have endorsed the merger feel anxious about weighing in, and they aren't going to be pressuring the legislators as much. Those who kept their powder dry feel they are freer to express their opposition.”

Louisiana approves AT&T/T-Mobile

The Louisiana Public Service Commission voted 4-1 to approve AT&T's proposed $39 billion acquisition of T-Mobile USA, making it the second state to approve the deal with three other reviews still ongoing.

A staff report from last week argues the opposition comments filed by Sprint are largely focused on national issues currently being weighed by the Federal Communications and Department of Justice, not Louisiana-specific issues that would justify the state blocking the merger.

"Staff is confident the FCC and DOJ, with their expansive resources and expertise on those matters, will perform a thorough review of Sprints (sic) concerns regarding the impact this acquisition may have on a national level," the report states. The Louisiana Commission is empowered to reject AT&T's filing if it is found to be against the public interest, but the staff report argues the deal will result in at least $8 billion in investments, some of which will be in Louisiana, along with increased rural broadband coverage and new jobs in the state thanks to AT&T's pledge to deploy next-generation wireless broadband nationwide.

"While Staff understands that Sprint disagrees with these contentions, the Joint Reply Comments contain a commitment to that affect," the report states. "Staff also notes that the proposed acquisition has received overriding support locally, as is evidence by the diverse number of groups and officials who are in support." Hawaii, California, and West Virginia are still conducting reviews of the merger.

FCC, States Cooperate on AT&T/T-Mobile Review

On July 13, the Federal Communications Commission released a Public Notice stating that on June 28, Sprint notified the FCC that the company had received civil investigation demands ("CIDs") from various states seeking full, unredacted copies of all materials Sprint has filed (or will file) with the FCC concerning the review of AT&T's purchase of T-Mobile. In connection with the CIDs to Sprint and other carriers, on July 11, 2011, the Offices of the Attorney General of four states, New York, Pennsylvania, Texas, and Washington, sent letters to the FCC stating that they seek to review confidential information in connection with their investigations of the transaction. The letters state that it is the Offices' policy to keep this information confidential. They further state that the information will be used only for legitimate law enforcement purposes and that the Offices will not disclose the information unless it is required by law or is necessary to further a legitimate law enforcement purposes The Offices of the Attorney General of Pennsylvania and Texas state that they will not disclose the information without the consent of the affected parties or unless ordered by a court for cause; the Offices of the Attorney General of New York and Washington state that if it is necessary to disclose the confidential information in court filings, they will notify the affected parties as soon as is reasonably practical, seek to file such information under seal, and make reasonable efforts to limit disclosure of the information until the affected parties have had an opportunity to appear before the court and the court has ruled on any request by the affected parties.

The Offices of the Attorney General of Pennsylvania and Texas state that the information is exempt from disclosure under their state freedom of information laws, while the Offices of the Attorney General of New York and Washington state that if a request is made under their state freedom of information laws, they will assert all applicable exemptions and use their best efforts to provide concerned parties with notice prior to the release of any information. The Offices of the Attorney General of New York and Washington further state that if the confidential information becomes the subject of discovery in any litigation to which they are a party, they will use their best efforts to ensure that a protective order is entered, and will not voluntarily provide the information until concerned parties have had an opportunity to review and comment on the protective order and to apply to the court for further protection.

Sprint has agreed that it will not provide unredacted materials containing confidential information to these state Offices of the Attorney General earlier than July 25, 2011. The FCC is providing this notice to inform carriers of the requests of the state Offices of the Attorney General to allow carriers the opportunity to contact the state Offices of the Attorneys General or to take any other action they may deem appropriate if they have concerns or oppose disclosure. Comments or objections should not be filed with the FCC.

FCC bureau chief: USF reforms will provide 'stable' inter-carrier compensation system

The Federal Communications Commission plans to “quickly” issue a public notice requesting additional information related to Universal Service fund and inter-carrier compensation reform, FCC Wireline Competition Deputy Bureau Chief Carol Mattey told attendees at the OPASTCO convention in Minneapolis July 27.

“We’re talking days, not weeks,” said Mattey, who also noted that the FCC’s goal is to issue an order formalizing USF and ICC reforms this fall. Apparently some FCC staffers already have begun to draft portions of the order, which Mattey said she was reading on the plane to Minneapolis.

Mattey several times referenced a USF reform proposal expected this week from the United States Telecom Association with the endorsement of several large carriers, noting that she was looking forward to reading the proposal. Surprisingly, considering the OPASTCO audience, she didn't mention that several rural telco groups, including OPASTCO, also have jointly submitted a reform proposal. She did note, however, that “our job is not to rubber stamp any proposal . . . but to ask if it will benefit consumers.”

  1. Mattey offered some broad comments about the direction toward which the FCC is leaning in its USF and ICC reform plans, including:
  2. The FCC plans to provide a “stable framework” for inter-carrier compensation
  3. The size of the high-cost fund needs to be controlled by putting it on a firm budget
  4. Mobile broadband likely to be supported in a targeted manner, only in areas where it wouldn't be available without support
  5. The identical support rule for competitive carriers is likely to be eliminated
  6. A reverse auction for mobility is “very much on the table”—Mattey emphasized the word “mobility” here, implying that perhaps a reverse auction might not be used to award some other types of funding
  7. Proposed reforms should generate savings to help fund broadband build-out and an access charge recovery mechanism
  8. Changes to the high-cost fund likely to be implemented immediately
  9. There may be ways to improve the rate of return system without ending it altogether- the FCC is “looking at suggestions,” Mattey said
  10. The FCC is “committed to addressing arbitrage opportunities today” but will only address them as “part of comprehensive reform” (Mattey was likely talking about issues such as phantom traffic, traffic pumping and the like.
  11. The FCC’s inter-carrier compensation reform plan is expected to provide a “recovery mechanism” for lost access revenues
  12. While not making any specific predictions about targeting satellite broadband for the highest-cost areas, Mattey said the commission continues to consider the role of satellite service.

FCC Releases Final Media Ownership Reports

The Federal Communications Commission released the final three research studies on media ownership:

  1. Consumer Valuation of Media as a Function of Local Market Structure, by Scott J. Savage and Donald M. Waldman
  2. Local Media Ownership and Viewpoint Diversity in Local Television News, by Adam D. Rennhoff and Kenneth C. Wilbur
  3. Diversity in Local Television News, by Lisa M. George and Felix Oberholzer-Gee

Consumer Valuation of Media as a Function of Local Market Structure

This study examines the effects of media market structure on consumer demand and welfare. A differentiated-product model is used to estimate demand for the local media environment, described by the offerings from newspapers, radio, television, the Internet and Smartphone. Results show that the representative consumer values more different viewpoints in the reporting of information on news and current affairs, more information on community news, and more information that reflects the interests of women and minorities.

Consumers have a distaste for advertising. Demand estimates are used to calculate the expected change in consumer welfare from a merger between two television stations that lowers the amount of diversity and advertising in local media environments. Welfare decreases following the merger, but these losses decrease with the number of television stations in the market. For example, the average consumer in a “small market” loses $0.11 per month, whereas the average consumer in a “large market” loses $0.04 per month. These losses are equivalent to $6 million annually for all small-market households in the U.S. and $1.4 million annually for large-market households. If the merger occurs in all markets, aggregate consumer welfare losses would be about $91 million.

Local Media Ownership and Viewpoint Diversity in Local Television News

This study proposes a theory-driven, market-based measure of viewpoint diversity in local television news. It then calculates this viewpoint diversity metric using a panel dataset of local television ratings. Finally, an econometric model is used to determine whether viewpoint diversity is associated with local media market ownership structure. The estimated elasticities of viewpoint diversity with respect to media ownership variables are very close to zero.

Diversity in Local Television News

In this study, we ask whether the structure of television markets has an impact on viewpoint diversity in local news. To answer this question, we develop a broad range of metrics for diversity which we then link to measures of competition and ownership as well as viewing tendencies.

From our research, two broad conclusions emerge. First, across all our results, we are struck by how little evidence we are able to find for a robust influence of specific elements of market structure on diversity. The available policy instruments, we conclude, turn out to be rather blunt. For instance, we find that local ownership is the ownership variable most often associated with greater diversity in issue coverage. However, even local ownership is significantly related to only a small subset of our diversity measures.

Second, by and large, changes in diversity have little impact on viewing tendencies. One view of policy interventions in media markets is that they are necessary to better match the available content to viewer preferences in an industry that is characterized by significant fixed cost and limited competition. In our data, we find little evidence in support of this view. Even if changes in diversity have little influence on the size of audiences, these changes can enhance welfare if the consumption of content has positive externalities. From this perspective, four findings seem particularly noteworthy:

  • Local ownership increases diversity in the coverage of business, crime, defense policy, foreign affairs, as well as welfare. Variation in how much time local newscasts spend on covering these issues can be socially desirable if improved knowledge facilitates informed political decision-making among viewers.
  • As in previous studies, we document that increases in ownership concentration often encourage diversity. Perhaps most notably from a welfare perspective, greater concentration increases the number of politicians that are covered in local news. If more extensive coverage leads to better-informed citizens, existing restrictions on ownership concentration are likely to be welfare-reducing.
  • Minority-owned stations spend more time covering minority politicians. While this effect is certainly consistent with existing policy, it is worth keeping in mind that the effects of minority ownership are quite limited overall. For instance, we find little evidence that minority owners contribute to the diversity in the coverage of elected federal lawmakers, as well as broad range of issues and local concerns.
  • The composition and diversity of local news broadcasts has the largest impact on Hispanic viewing. However the measures of political diversity associated with Hispanic viewership do not appear to be influenced by the policy variables relevant to FCC ownership rules.

Comcast Expands Subscriber Bases For Eight Hispanic Nets By A Combined 14 Million

Fulfilling a commitment that is part of its acquisition agreement for NBC Universal, Comcast is expanding the carriage of eight Hispanic networks by a combined 14 million subscribers.

Azteca America, Galavision, Hispanic Information & Telecommunications Network, LATV, mun2, Telefutura, Telemundo and Univision will all see their sub bases grow on Comcast systems. Some of the rollouts have begun, while others will occur on a staggered basis in the weeks ahead. These are the latest steps from Comcast to increase the availability of minority-focused fare on its systems. Since April, it has announced plans to boost the reach of Mnet, the English-language Asian pop culture channel, by more than 2 million subscribers. Moreover, two African-American-aimed services, The Africa Channel and TV One, in which Comcast holds an equity position, will gain a combined 2.3 million subs through new system bows. When Comcast acquired the controlling interest in NBCU from General Electric on Jan. 28, the company agreed to increase the distribution of at least three services networks that are American Latino-owned or -controlled or target the Latino community by at least 10 million digital-basic subscribers within six months of the deal close. With these launches, Comcast, which controls broadcaster Telemundo and cable cousin mun2 via NBCU, said it will surpass that goal by 40%. Under another merger stipulation, Comcast also pledged to launch 10 new independent channels over the next eight years, including eight that are Hispanic- and African-American owned or operated. Sources familiar with the situation indicate there were approximately 100 applicants for the first three: a channel that is "American Latino operated and programmed in English" is slated to bow by July 28, 2012, while a pair of majority African-American-owned services will launch by Jan. 28, 2013, the second anniversary of the union.

Rachel Maddow, MSNBC Sued For $50 Million Over On-Air Comments

Heavy-metal rocker turned radio host and conservative preacher Bradlee Dean is suing MSNBC and its host Rachel Maddow for allegedly defaming him in a segment. The lawsuit claims $50 million in damages and alleges that Maddow twisted Dean's comments in an effort to undermine Republican presidential candidate Michele Bachmann.

Dean leads a Minnesota-based Christian ministry and has been vocal about the threats posed by homosexuality. Last year, Dean went on radio and talked about Muslim Sharia law and his view that it called for the execution of homosexuals -- evidence, as he saw it, that Muslims were upholding biblical laws. "They seem to be more moral than even the American Christians do," he said. For a segment devoted to Minnesota politics and a boycott of Target Brands, Inc. for its political donations, Maddow took what Dean had to say and used it to paint him as anti-gay with the implication he advocated their execution, according to the suit.