Adelphia-Time Warner-Comcast Merger Approved
In Order FCC 06-105, the Commission approved the sale of substantially all of the cable systems and assets of Adelphia Communications Corporation to Time Warner Inc. and Comcast Corporation, the exchange of certain cable systems and assets between affiliates or subsidiaries of Time Warner and Comcast, and the redemption of Comcast’s interests in Time Warner Cable and Time Warner Entertainment Company.
The Commission found that the potential public interest harms of the transactions, as conditioned, are outweighed by the potential public interest benefits. The Commission found that the proposed transactions may increase the likelihood of harm in markets in which Time Warner or Comcast has, or may in the future have, an ownership interest in Regional Sports Networks ("RSNs").
The Commission imposed remedial conditions identical to those imposed in the News Corp.-Hughes order. The Commission adopted further conditions to ensure that the transactions will not harm the supply of programming to MVPDs. The Commission adopted a condition allowing unaffiliated RSNs unable to reach a carriage agreement with Time Warner or Comcast to seek commercial arbitration. The Commission also adopted a condition allowing unaffiliated programmers unable to reach a leased access agreement with Time Warner or Comcast to seek commercial arbitration. The Order is available here: http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-06-105A1.doc
