FCC staff was taken to task once again by Media Access Project an...

merged company. In meeting with members of FCC’s Office of Gen. Counsel, attorney Earl Comstock, representing Earthlink, said staff’s “deliberate blindness” to broadband arrangements was likely to eliminate all competition in broadband industry, according to ex parte filing. MAP, Consumer Federation of America and other organizations have asked FCC to examine high-speed Internet access agreement, arguing that it was important part of FCC’s review of proposed merger of AT&T Broadband and Comcast. FCC spokeswoman said Fri. that Commission still was considering request that it review agreement. In meeting at FCC, MAP Pres. Andrew Schwartzman emphasized need for written order on request before Commission issues its final decision on merger, even if written order denies motion by MAP, CFA, others. In telephone interview, Schwartzman suggested groups might seek court intervention. In filing, they said written order would “be in everyone’s best interests. It would give CFA a final order, and would give the Commission a reasoned basis for its decision if it needed to defend it.” Comstock said Commission had 5 open proceedings on broadband and it therefore was “impossible” for agency to argue that agreement involving AT&T, Comcast and AOL Time Warner was outside Commission’s scope of review. MAP Assoc. Dir. Harold Feld said Commission might determine after looking at agreement that no action was required, but “it cannot avoid looking at the agreement.” Meanwhile, sources said Media Bureau staff sent its recommendation on proposed AT&T Comcast merger to 8th floor for consideration. As of Fri., merger had been under review 170 days. Commission has imposed 180-day deadline on itself.