Charter/TWC/BHN Decision Delayed Until June, CPUC ALJ Rules
Approval of Charter Communications' buys of Bright House Networks and Time Warner Cable will be delayed, possibly until June, largely because of California’s investigation into implications of the acquisition, said a California Public Utilities Commissioner Michael Picker's scoping ruling. The…
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ruling sets a timetable for the decision, with the proposed decision scheduled for May 13 and the final decision June 10, which can be amended by an administrative law judge. Assuming no additional delays in the FCC proceeding, the FCC decision will be rendered on or before the middle of March, the ruling said. The Office of Ratepayer Advocates responded, on behalf of the protesters, that it's unlikely the FCC will meet its current mid-March deadline "for various procedural reasons and because the FCC has issued a lengthy and detailed information request that is unlikely to be complied with by Joint Applicants and reviewed by FCC staff in time for a mid-March decision," the ruling said. Protesters also said there may be contested issues of material fact in this proceeding that require evidentiary hearings, and whether such disputed issues exist won't be known until after the protesters have concluded at least a preliminary phase of discovery. Tuesday, RBC Capital analyst Jonathan Atkin said the delay of about two months is just a “procedural precaution” to give all opponents the chance to voice their concerns. Atkin said he's still 85 percent sure the deal will be approved because it “does not represent significant broadband market concentration and the FCC/[Department of Justice] can put in prophylactic safeguards to ensure a fair balance between programming and carrier interests.” Administrative Law Judge Karl Bemesderfer is the presiding officer in the case and will hold hearings on the proposed merger in May, the ruling said. Charter didn't comment Friday.