D.C. Circuit Vacates Two Conditions Of FCC's Charter-TWC-BHN Merger Order

摘要

In a split decision, the U.S. Court of Appeals for the District of Columbia Circuit on Aug. 14 vacated two conditions that the FCC imposed in its 2016 order approving Charter Communications, Inc.'s, acquisition of Time Warner Cable, Inc., and Bright House Networks, noting that the FCC has failed to offer a defense of those conditions on the merits. Specifically, the vacated conditions (1) prohibit Charter from "charging programming suppliers for access to its broadband subscribers," or settlement-free interconnection, and (2) require Charter "to provide steeply discounted broadband service to needy subscribers," the court noted in Competitive Enterprise Institute et al. v. FCC (case 18-1281).