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Articles Posted in FCC Antitrust Highlights

XM and Sirius Proposed Merger
Doyle, Barlow & Mazard PLLC

Sirius Satellite Radio Inc. and XM Satellite Radio Holdings Inc. are the only two corporations authorized by the Commission to provide satellite radio service in the United States. On March 20, 2007 they submitted an application to the FCC requesting permission to combine into a single entity. Each entity would own half of the company,…

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Commission Approves AT&T-BellSouth with Conditions
Doyle, Barlow & Mazard PLLC

The FCC finally approved AT&T Inc.’s (“AT&T) merger with BellSouth Corp. (“BellSouth”) late on December 29, with the telephone companies agreeing to several conditions, including a controversial network neutrality provision aimed at protecting Web players such as Microsoft and Google. AT&T was eager to close the $80 billion-plus deal for several months. FCC approval was…

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FCC Sets Timeframe for Action Regarding AT&T, Verizon Applications
Doyle, Barlow & Mazard PLLC

Local governments will have 90 days to act on cable-franchise applications filed by AT&T Inc., Verizon Communications and other entities with existing rights to access city-owned conduits, the FCC ruled in an action on December 20 that split the agency along partisan lines. With support from major phone firms, FCC chairman Kevin Martin championed franchise…

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Investors Buying Clear Channel Seek to Avoid Violating FCC’s Limits on Radio Ownership
Doyle, Barlow & Mazard PLLC

To circumvent federal limits on radio ownership, investors trying to buy industry giant Clear Channel Communications Inc. (“Clear Channel”) plan to become passive owners in some radio stations they already own and divest others. According to their merger application submitted Friday, December 15, to the FCC, Thomas H. Lee Partners LP (“Lee”) and Bain Capital…

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Cablevision Challenges FCC’s Integration Ban
Doyle, Barlow & Mazard PLLC

In a November 27 filing with the FCC, Cablevision Systems (“Cablevision”) said the agency’s rule banning set-top boxes with integrated security functions should not require the operator to deploy CableCARD-based boxes because all of its digital set-tops already contain removable smart cards. In the filing, Cablevision requested a limited waiver of the July 1, 2007,…

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Guidance Software Inc. Settles FTC Charges
Doyle, Barlow & Mazard PLLC

On November 16, Guidance Software Inc. agreed to settle Federal Trade Commission charges that its failure to take reasonable security measures to protect sensitive customer data contradicted security promises made on its Web site and violated federal law. According to the FTC, Guidance’s data-security failure allowed hackers to access sensitive credit card information for thousands…

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Senate Votes to Confirm Chairman Martin to Second Term
Doyle, Barlow & Mazard PLLC

On November 16, the Senate voted unanimously to confirm FCC chairman Kevin Martin to a second five-year term, according to the office of Senate Commerce Committee chairman Ted Stevens (R-Alaska). Martin was nominated by President George W. Bush to a Republican seat on the Commission and sworn in on July 3, 2001. Bush named him…

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FCC Releases Notice of Inquiry Regarding Competition in the Delivery of Video Programming
Doyle, Barlow & Mazard PLLC

On October 12, the FCC released a Notice of Inquiry for its Annual Assessment of the Status of Competition in the Market for the Delivery of Video Programming, as required by Congress. The Notice of Inquiry, which seeks comment and information on competition in the video programming market, is designed to assist the FCC with…

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FCC Takes No Action against Time Warner for Dropping NFL Network
Doyle, Barlow & Mazard PLLC

On October 6, the FCC ended its investigation into Time Warner Cable’s (“Time Warner”) decision in August to drop the NFL Network without providing appropriate notice to subscribers. The FCC reached a consent decree in which Time Warner agreed that it violated an FCC rule that requires cable operators to provide customers 30 days notice…

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