CEI's Recon Petition Regarding Charter/TWC/BHN Conditions Denied By Full FCC
The Competitive Enterprise Institute wasn't harmed by conditions on Charter Communications' buys of Time Warner Cable and Bright House Networks, so it has no standing to challenge them, the FCC said in a docket 15-149 order Monday denying CEI's reconsideration…
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
petition (see 1803050023). It said that while all the conditions were requested by various entities, CEI never objected to those comments, nor did it file an opposition to the petitions to deny, so it can't raise arguments against the conditions now on recon. Oral argument is scheduled for Sept. 17 in the U.S. Court of Appeals for the D.C. Circuit on CEI's petition for writ of mandamus (see 1807180027). The recon petition denial order moots CEI's petition for writ of mandamus, the FCC told the U.S. Court of Appeals in a letter (in Pacer, docket 17-1261) Monday, asking that the court dismiss the petition and cancel oral argument. The FCC said it talked with CEI counsel and that both sides agree oral argument isn't necessary. CEI emailed that it "demonstrated that the FCC imposed unlawful conditions on the Charter merger that would increase costs for consumers, who will have to foot the bill for an overreaching federal agency. Even though the FCC dismissed CEI’s petition, the FCC has no authority to micromanage the internet at the public’s expense and we are evaluating our options regarding appealing the FCC’s order."