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US: Court sides with broadcasters, against FCC, on merger-related contracts

By  |  May 10, 2015

For weeks, the FCC’s time clock for the AT&T-DirecTV merger and the now-dead Comcast-Time Warner Cable merger has been paused as the agency awaited a D.C. Circuit decision on just who could review key dealmaking documents.

That decision was delivered on Friday, and the appellate judges ruled against the FCC and in favor of major media companies that sought to limit access to such things as program contracts.

Judge David Tatel said, however, that the FCC failed to show that the information was “necessary” to the review process. He also faulted the agency for departing from longstanding practice over the time frame by which media companies could challenge the disclosure of such information.

The decision doesn’t prevent the FCC from reviewing the contracts — just third parties.

“We are studying the opinion now and considering the options available to the commission,” an FCC spokesman said.

 

Full content: The Wall Street Journal

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