FCC Commissioner O'Rielly Remarks Before the Mackinac Center for Public Policy -- "Smart Regs for Smart Tech"

As many of you know, on June 12 Judge Richard Leon of the US District Court for the District of Columbia ruled against the US government and in favor of AT&T’s application to merge with Time Warner, without the imposition of any conditions. From the viewpoint of many, both the Federal Communications Commission and Department of Justice have been stuck in administrative molasses, seeking to apply sectoral market analysis, preserve questionable bright line tests, and continue the imposition of rigid restrictions as part of transactional reviews the same way now as in 2008, 1988, or 1958. I would posit that the entire foundation of how the government currently views the “communications” market – be it voice, video, or data – is outdated and misguided.  The problem with such an approach, of course, is that when you narrowly define a marketplace and narrowly recognize competition – far devoid from market realities – the result typically leads to the application of additional regulations or limitations beyond what is necessary to protect consumers.

[T]he Commission will launch its 2018 Quadrennial Review of our Media Ownership rules later in 2018. In this review, I will seek an updated market definition that incorporates many of the findings in Judge Leon’s decision. For my part, and to quote Judge Leon yet again, “I simply cannot evaluate” our media ownership rules “without factoring in the dramatic changes that are transforming how consumers view video content.”


FCC Commissioner O'Rielly Remarks Before the Mackinac Center for Public Policy