Broadcasting&Cable

The major takeway from the House Communications Subcommittee hearing on the proposed T-Mobile-Sprint merger was that regulators are having to reconcile wildly divergent views of the impact of the deal. According to the various witnesses at the hearing on the deal:

The American Cable Association said a number of the Federal Communications Commission legacy regulations "frustrate the public interest by imposing anti-competitive burdens on smaller operators." That came in comments to the FCC on its latest biennial review of telecom regulations, which it is charged with reviewing and modifying or jettison ones that are not, or no longer, in the public interest. ACA is particularly focused on the regulations on implementing the Universal Service Fund.

The Federal Communications Commission held its very brief January Open Meeting, but only to thank returning staffers and give a warm welcome its newest member, Commissioner Geoffrey Starks. The meeting was a pro forma affair after the government shutdown forced the FCC to move its agenda to the Feb 14 meeting, after not being sure when the government would reopen.

Senate Intelligence Committee Vice Chairman Mark Warner (D-VA) fired off a letter to the Department of Homeland Security seeking to "better understand the shutdown’s toll on our national security," and sought answers on what, if any, cybersecurity risks were posed by the recent, and possibly future, government shutdown(s). "Cybersecurity and Infrastructure Security Agency (CISA) was forced to suspend crucial efforts to protect our cybersecurity and infrastructure," said Sen Warner. "Also hindered was the FBI’s ability to conduct cyber investigations.

At the State of the Net conference, House Communications Subcommittee Ranking Member Bob Latta (R-OH) said that regulators and legislators need to make sure they are not looking in the rearview mirror or putting up roadblocks to innovators who are looking ahead, not backwards. He said that one message he has brought back from his visit to tech startups is they are focused on innovation, so there is not a compliance officer sitting in the corner of the room. Ranking Member Latta also said he thought there was room for consensus on network neutrality.

Department of Justice antitrust chief Makan Delrahim says that the DOJ will be holding a two-day workshop on the impact of online advertising on the local broadcast TV market, and whether it should adjust its merger reviews given the argument that the edge is now competing for the local car dealer ads and should be considered part of the relevant competitive market. Justice has been considering the issue in relation to a couple of recent merger reviews, Delrahim pointed out, specifically the aborted Sinclair-Tribune merger, and the follow-up Nexstar-Tribune merger.

New House Communications Subcommittee Chairman Mike Doyle (D-PA) said that network neutrality will be the subject of the first subcommittee hearing under his chairmanship. In a speech to the State of the Net conference in Washington, Chairman Doyle called network neutrality one of the preeminent digital rights issues and said he plans to continue to fight to restore the rules.