Ownership

Until today, the latest broadcast station ownership data reported by the Federal Communications Commission was from 2015. While I am pleased that we finally have updated numbers to talk about, it is still an unacceptable lag of more than two years in our reporting on data from Oct 2017. To effectively address the lack of media ownership diversity, we cannot use stale data and must get better at assessing the extent of the problem in a timely manner.

The Federal Communications Commission’s Media Bureau released its fourth report on the ownership of broadcast stations. The data contained in the report provide a tabulation of station ownership based on information submitted by licensees on FCC Form 323 and Form 323-E in response to the 2017 biennial ownership report filing window, which closed in March 2018. This filing window was the first to collect information from non-commercial educational stations about the gender, ethnicity, and race of the licensee’s attributable interest holders.

Although T-Mobile and Sprint still have one last hurdle to clear (the California Public Utilities Commission, which is still reviewing the merger), the companies will try to close the deal as early as April 1, creating a supersize carrier (called, wait for it, T-Mobile) with more than 100 million customers. When (or if) the deal closes, T-Mobile customers will remain with the service. It is unclear what, if anything, will change for them. For Sprint customers, it’s a little more complicated. The majority will transfer to T-Mobile plans as the brand is absorbed.

The Federal Trade Commission said it would probe past mergers by Alphabet, Apple, Amazon, Facebook and Microsoft, seeking to study the ways that tech giants gobbled up their rivals — and if their acquisitions may have skirted federal antitrust laws. The new effort by the FTC will require all five companies to provide information about the smaller players they've purchased over the past 10 years, including documents for deals that may not have been large enough to warrant deep, closer inspection by government watchdogs at the time.

A federal judge has ruled in favor of Sprint and T-Mobile’s $26 billion merger. 

Judge Victor Marrero of the United States District Court in Manhattan ruled in favor of T-Mobile’s takeover of Sprint in a deal that would further concentrate corporate ownership of technology, combining the nation’s third- and fourth-largest wireless carriers and creating a new telecommunications giant to take on AT&T and Verizon. The decision concluded an unusual suit filed in June by attorneys general from 13 states and the District of Columbia. The challenge was brought after regulators at the Department of Justice and Federal Communications Commission approved the deal.

Josh Hawley (R-MO) is proposing to overhaul the agency by restructuring it to meet the needs of today’s digital markets. The plan would relocate the FTC to the Department of Justice, eliminate the multi-member commission and replace it with a single Director, end the jurisdictional overlap regarding mergers and acquisitions, and create a new "Digital Market Research Section" within the FTC composed of technologists, economists, and market specialists.

The prospect that "third parties [could] undercut...federal enforcement decisions" — such as the pending T-Mobile/Sprint merger — is one of the greatest concerns in the new antitrust environment, Assistant Attorney General Makan Delrahim explained. He reminded people that the Federal Communications Commission, the Department of Justice, and many states approved the merger in 2019. But then attorneys general from 10 states and the District of Columbia sued to prevent the alliance. A decision is still pending.