Statement of Commissioners Ajit Pai and Michael O'Rielly on Beginning Review of Charter/Time Warner Cable/Bright House Transaction

We are deeply dismayed that the FCC’s leadership seems unwilling to begin the formal review of the Charter Communications/Time Warner Cable/Bright House Networks transaction until Commissioners agree to change the FCC’s procedures for protecting confidential information. We don’t plan to allow this maneuver to deter us from giving careful scrutiny to the important item in front of us, which if adopted, would apply not only to future transactions but all Commission proceedings.

Among other things, we believe that the better course would be for the Commission to seek public input on these proposed procedures before moving ahead. Thus, while we are still reviewing the order on circulation, we believe that the Commission should follow the direction that the DC Circuit previously provided in a similar case: "The agency has access to the relevant documents at issue in this matter and can continue to evaluate the proposed merger....” So let’s start the ‘aspirational’ merger review shot clock and get on with the process.