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MEDIA ADVISORY                                  May 26, 2015

 

Contact: Randolph May at 202-285-9926

 


 
Free State Foundation President Randolph May Reacts to Charter - Time Warner Cable - Bright House Transaction       

 

 
Free State Foundation President Randolph May issued the following statement reacting to the announcement that Charter and Time Warner Cable intend to merge and acquire Bright House Networks:

"Like any transaction of this size, the proposed Charter - Time Warner Cable - Bright House transaction will receive scrutiny from the FCC and the Department of Justice and the public. But I hope that such scrutiny will focus on the merits of the transaction and not hyperbolic reactions from some quarters that characterize many media and telecom combinations.  

 

The most important fact to consider is that this proposed transaction is principally a 'horizontal' combination in which the three cable operators do not compete against each other in any material way in any market segment with respect to their broadband data, video, and voice telephony offerings. Instead, the real competition each company confronts, whether separately or as a combined entity, is in the broader, dynamic broadband marketplace. This marketplace involves competition among various facilities-based network platforms that are in direct competition with each other - the cable operators, the telephone companies, the satellite operators, and the wireless companies, all employing differing technology platforms. The objective of public policy should be to foster effective competition in this facilities-based broadband marketplace as the providers seek to attract and retain consumers, both residential and business, with their various data, video, and voice offerings.

 

It is important to note that none of the three cable operators have significant interests in the content marketplace that would appear to create incentives for them to discriminate against unaffiliated content providers. This is why the proposed combination is chiefly a 'horizontal' combination. It is also important to appreciate that, in light of the competition in the broadband marketplace, cable operators, as well as other facilities-based providers, are required to invest billions of dollars each year to maintain and upgrade their networks to provide ever greater bandwidth capacity and high reliability. The proposed transaction may well support such increased ongoing investment to the benefit of all consumers."        

 

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Randolph J. May, President of the Free State Foundation, is a former FCC Associate General Counsel and a former Chairman of the American Bar Association's Section of Administrative Law and Regulatory Practice. Mr. May is a public member of the Administrative Conference of the United States, and a Fellow at the National Academy of Public Administration.

 

Mr. May is a nationally recognized expert in communications law, Internet law and policy, and administrative law and regulatory practice. He is the author of more than 150 scholarly articles and essays on communications law and policy, administrative law, and constitutional law. Most recently, Mr. May is the editor of the new book, "Communications Law and Policy in the Digital Age: The Next Five Years." He is the author of A Call for a Radical New Communications Policy: Proposals for Free Market Reform. And he is the editor of the book, New Directions in Communications Policy and co-editor of other two books on communications law and policy: Net Neutrality or Net Neutering: Should Broadband Internet Services Be Regulated? and Communications Deregulation and FCC Reform.

 

The Free State Foundation is an independent, nonpartisan free market-oriented think tank.

 

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