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Lake William
 

Lake William

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    Lake William Lake William Presentation Transcript

    • FCC MERGER CONDITIONS William T. Lake WilmerHale Palo Alto and Washington VON.x, San Jose, CA March 17, 2008
    • Public interest standard
      • Not just competitive harms as at DOJ
      • Must make affirmative public interest showing:
        • Contribute to competitive market
        • Other affirmative public benefits
    • What this means for conditions
      • Not just structural as at DOJ
      • Behavioral conditions to address harms from merger
      • Any other condition that promotes any FCC policy?
    • “ Voluntary”
      • Conditions negotiated with FCC
      • Submitted as voluntary commitments
      • FCC adopts as conditions of merger approval
      • Never a legal test
    • FCC uses
      • Insulate policies from judicial review
      • Roll out new policies
      • Benefits du jour
    • Examples
      • ILEC mergers: interconnection and rate freezes
      • ILEC mergers: stand-alone ADSL service
      • AT&T/BellSouth: video rollout in BS territory
      • Cap USF claims unless you meet E911 accuracy
    • Net neutrality
      • VZ/MCI: principles for 2 years
      • AT&T/SBC: principles for 2 years
      • AT&T/BellSouth: principles for 2 years
          • Also no degradation or priorities for 2 years
      • Comcast/TW/Adelphia: nothing
          • Issue in current Comcast proceeding
    • No limits  silly season
      • Donate $1 million to public safety charity
      • Repatriate jobs 3000 jobs, 200 to NOLA
      • Broadcast decency rules in space
      • Can’t seek forbearance of conditions
    • Enforced?
      • Complaints to FCC
        • mostly dismissed or sitting
      • FCC public notices seeking comment
        • FCC doesn’t act
        • SBC noncompliance payments 2000-2004
      • Requests to lift conditions
        • Often granted
    • Worth the trouble?