MAP Asks FCC to Reconsider Comcast/NBCU Comment Extension Decision

Commission denied group's 45-day extension request

By John Eggerton -- Broadcasting & Cable, 4/16/2010 1:00:55 PM

Media Access Project (MAP) Friday (April 16) asked the FCC to reconsider its decision denying MAP's request for a 45-day extension on the comment period for the Comcast/NBCU merger, saying the court decision in the Comcast/BitTorrent case is one more reason to give interested parties more time to weigh in.

MAP, with letters of support from Free Press, Consumer Federation of America, the American Cable Association, Consumer's Union and other critics of the $30 billion joint venture, had sought the extension before the BitTorrent decision, citing a number of comment deadlines coming due in the same time frame, and the importance of addressing all relevant issues in the comments given the FCC's express advice to do so. But the commission denied the request. The FCC pointed out that it had already established a 90-day window for comments and pleadings "two or three times" the period for previous mergers.

"The Commission has an obligation to review the proposed transaction as expeditiously as possible," the FCC wrote in denying the request. "It is often the case that potential petitioners or commenters such as MAP have interests in multiple commission proceedings, and the commission's schedule cannot be dictated by the choices made by those parties regarding the allocation of their time and resources."

But MAP says the schedule should be dictated by a pivotal court decision that could affect how parties view the merger.

"This petition is based in part upon a changed circumstance that occurred subsequent to the issuance of the order," said MAP, which argues the BitTorrent decision could implicate everything from net neutrality to the "terrestrial loophole" to the FCC's ability to modify cable program access and carriage regulations.

"The D.C. Circuit's Comcast decision has a significant impact on MAP and other parties seeking to challenge the proposed transaction and, especially, those parties considering what conditions might permit them to support conditional grant of the applications. Depending on the outcome of the legal analysis of the Comcast decision, opposing parties may determine that they are unable to support conditional grant of the applications and/or that additional merger-specific conditions may be required."

On a separate track, Rep. Maxine Waters (D-Calif.) has introduced a bill, HR 5020, that would extend the comment period 45 days. She sent a letter to the FCC earlier in the week asking it to extend the deadline, but apparently is hedging her bets. The bill had 56 co-sponsors by press time according to Free Press.