Comcast, TW Should Have Disclosed Adelphia Deal Delay, MAP Says
Comcast and Time Warner haven’t made public critical information on the Adelphia deal that’s under FCC review, said media activists concerned about the transaction. Some of the firms, seeking approval for the $17.6 billion cable system purchase, failed to file ex parte documents that said they're in no hurry for the Commission to conclude its review, according to the Media Access Project (MAP). FCC Gen. Counsel Samuel Feder was asked to “conduct an inquiry into possible violations,” said a letter to him from Harold Feld, the group’s senior vp, and Pres. Andrew Schwartzman. It cited comments by Chmn. Martin that suggested “he had been asked to defer action on the Adelphia matter at the request of certain of the parties.” The comments at Martin’s first news briefing were in response to a question on the status of the Adelphia deal (CD March 20 p2).
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Sources have said TW and Comcast are in no hurry for the FCC’s approval because of possible delays in bankruptcy court review of the deal. Another reason for delay is a desire to wait until a 5th commissioner joins the Commission, said Jeffrey Chester, exec. dir.-Center for Digital Democracy. A date hasn’t been set for the Senate to vote on the nomination of Robert McDowell. “The message from Comcast and Time Warner is, where’s my third [Republican] vote?” Chester told us. “The Commission should make public the lobbying pleas of Comcast and Time Warner for it to delay consideration of the transfer.”
Although Martin’s comments on Adelphia weren’t specific, they provided fodder for MAP’s complaint. “The Chairman’s statement suggests that he has received communications relating to the Adelphia case in which one or more parties has expressed views as to when they hope the proceeding will be resolved and the importance of such a timeframe,” wrote Feld and Schwartzman. The letter was also sent to Martin. “The Commission’s ex parte rules specify communications relating to the preferred timing of Commission action are ‘presentations'” that should be outlined in such documents, they wrote.
The companies were tightlipped about the complaint. A Comcast spokesman would say only: “We look forward to the cooperative and timely completion of the FCC’s review process.” A Time Warner official said only that the firm is continuing to work with the FCC. Officials from several other groups that have been critical of the Adelphia deal, including Consumers Union and Free Press, declined to take a public stand on the group’s complaint. - Jonathan Make