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California Floats Conditional Approval For Comcast/TWC Merger 65

New submitter Lord Flipper writes: The California Public Utilities Commission decision on the Comcast/Time-Warner proposed merger has just been released. It's not an exciting read, but the 25-bullet-point Appendix to the decision is interesting (PDF, starts on page 75). For example: "19. Comcast shall for a period of five years following the effective date of the parent company merger neither oppose, directly or indirectly, nor fund opposition to, any municipal broadband development plan in California, nor any CASF or CTF application within its service territory that otherwise meets the requirements of CASF or CTF."

Whoa! Comcast was not expecting this at all, and they're not happy about it. Here's one more, as an example: "8. Comcast shall offer Time Warner's Carrier Ethernet Last Mile Access product to interested [Competitive Local Exchange Carriers] throughout the combined service territories of the merging companies for a period of five years from the effective date of the parent company at the same prices, terms and conditions as offered by Time Warner prior to the merger."

The ruling by the CPUC covers all customers, present or in the future of the merged company, in California. What they're talking about is opening up Last Mile Access. This could be a step in the right direction, but the ruling today is definitely a surprise. It could nix the merger in California, or it could light a fire under the FCC's butts, or it could bring real competition to Internet access in California.

The CPUC is basing their entire decision on Common Carrier law (Setion 706, as opposed to Title II), and, unlike the projected FCC decision (coming around the 26th of the month) the CPUC's decision has all kinds of "teeth" as opposed to the FCC's "Title II, with forbearance" approach. It could get very interesting, very soon.
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California Floats Conditional Approval For Comcast/TWC Merger

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  • Weak (Score:4, Insightful)

    by Rhyas ( 100444 ) on Saturday February 14, 2015 @02:01PM (#49055861) Journal

    So let's allow the monopoly and reduction consumer options, but we'll delay it's full impact for 5 years. This doesn't make much sense, except to the Judge, who will be getting one hell of a kickback in 5 years.

    • Re:Weak (Score:4, Informative)

      by Frobnicator ( 565869 ) on Saturday February 14, 2015 @09:13PM (#49057705) Journal

      So let's allow the monopoly and reduction consumer options, but we'll delay it's full impact for 5 years. This doesn't make much sense, except to the Judge, who will be getting one hell of a kickback in 5 years.

      Read the whole thing, there are some gems.

      One particularly expensive gem the requirement that they must roll out to rural areas and low-density housing areas under their own funds. These areas would be expensive for the state and the companies don't want to pay the bill either.

      They need to provide up to 45% coverage for a bunch of areas, and offer deep discounts to anyone earning less than 1.5x poverty level. They need to support the Lifeline program (communications equipment to elderly and disabled) through their entire coverage area. They must support Ethernet for the last mile for everywhere they cover. They must pay to hook up k-12 schools and libraries up to the same ratio as their subscribers in the area. They've got about 1.7M subscribers in the bay area [mediaroom.com], Google suggests there are about 2.3M homes in the area, so roughly 70% of the population. There's several hundred million dollars they'll need to pay for supporting schools and libraries. Running all that cable and fiber to the more sparse areas will also be expensive. Some quick back-of-the-envelope estimates show they're looking at around a $2B-$10B cost for that. Yes they could afford it, but it will certainly sting.

      Then this line could also sting: "Comcast shall take action to improve customer service including respecting customer choice and competitive choices, and meet the Commission’s minimum service quality standards as set forth in GO 133-C". The standards include timeliness requirements that comcast currently does not meet, so they'll be hiring lots of service techs and buying lots of service trucks to get them out fast enough.

      From their response "some of the penetration rates and time frames suggested by the conditions are simply unattainable under market conditions, especially with populations that have been slowest to adopt broadband." Which is true. "market conditions" means never installing fiber or high speed connections to those areas because it is expensive.

      So on the one hand it does grant them permission to merge, on the other hand they're looking at quite a few billion dollars on government-mandated action.

      No, this is just like Comcast's advertising: What the big print gives, the small print takes away.

    • You want more? Discount all we are hoping for and roll over and pay through your **** The "last mile" has been the forefront of all the 'rights advocates' for years. This means any one able to setup a distribution point in your neighborhood could be a provider of common access to the 1000s of channels yet developed because of the loss of exactly what you're against. This could be the last chance for a grab of what is rightfully ours. Choice over not. Freedom of the media conduit. Who knows what could trans
  • by zuki ( 845560 ) on Saturday February 14, 2015 @02:03PM (#49055883) Journal
    This smells just as good as these "only $24.99 for the first 12 months" offers.

    Because after that, it reverts back to the old price of $49.99.
    • a) a term of "forever" would be tossed out of court immediate as a discriminatory,
      b) if "5 years" makes it through, there's likely something else that will happen in that period where another term could be introduced to effectively extend the same conditions if the case can be made again.

  • by Noxal ( 816780 ) on Saturday February 14, 2015 @02:06PM (#49055895)

    5 years? Seriously? Sounds staged, like it's merely to give the APPEARANCE of being tough on Comcast instead of actually being tough when being tough is warranted.

    • by swb ( 14022 ) on Saturday February 14, 2015 @02:15PM (#49055957)

      5 years sounds like discouragement pricing. Long enough that they might turn the entire deal down.

      But it's also long enough that if they DID take the deal they couldn't drag their feet so long that it never was effectively available.

      And it may be long enough that the investment required on their part might be financially unpalatable to just walk away from at the 5 year mark, plus there's the chance that as the five year mark approached there might be all kinds of difficulty in actually stopping it, either from a disentangling networks perspective or from all kinds of protests and lawsuits that prevent them from stopping.

      And who knows, maybe after five years of doing it their genius MBAs might just figure out that even though the margin on it is small, the revenue is like an annuity and has some kind of balance sheet value that they WANT to keep it going.

      • by Anonymous Coward

        Comcast cant oppose municipal broadband but it says nothing about 'fake' consumer groups being funded by anonymous donations. Even if they were found out the rule is ambiguous enough to take years to sort out in court.

      • There's something else that comes into play here too -- this would be brokered under Section 706, and they'd be held accountable to it. HOWEVER, they're also going to be accountable to Title II pretty soon, which will lay down an entirely different set of regulations they'll be required to follow, and (hopefully) last longer than 5 years. As such CPUC would be forcing them to open up the last mile while the FCC is also requiring them to stay net neutral (among other things). The combination of these two strategies doesn't give them too many ways to rake in the easy money -- they're going to have to work for it if they take the agreement. Smart move on CPUC's part! They can draft an agreement that by itself looks very innocent and somewhat reasonable, but paired with the other decisions coming down the pipe closes many of the loopholes in the short term, while giving communities time to start projects that won't be rescinded after 5 years (because when does that ever happen).

        Hopefully other states follow suit.

        • by swb ( 14022 ) on Saturday February 14, 2015 @05:55PM (#49057039)

          I don't understand why they can't be happy with the annuity-like return on providing a utility service.

          They could have been probably making better than average utility profits with no regulatory risk if they had backed off at some point in the past and quit jacking up the price of cable television, the cost of which pushed many people towards streaming in the first place and played fair with IP network management instead of gouging customers and content providers over phony congestion.

          Instead they just had to keep pushing the rent-seeking, monopolist path and trying desperately to hold onto the TV business. Now the entire enterprise is at risk. People stream what they want cheaply instead of paying for shit channels at high prices, there's increasing regulatory pressure and entire cities are making an effort to supplant their true remaining value, high speed internet with a vastly superior replacement that only underscores their lack of investment and inferior product.

          It's the same problem Microsoft faced in many ways. Relentless rent-seeking that only led people to seek other alternatives. Had Microsoft let up a little they could have probably put off the search for alternatives forever and been seen as a benign market giant like Google instead of as the evil empire.

          • by Jawnn ( 445279 )

            I don't understand why they can't be happy with the annuity-like return on providing a utility service.

            Yes, you do. We all do. Some of us call it greed, and in a less nuanced way, that's what it is. Comcast is a corporation. It's single overriding mission is to generate profit for it's shareholders. Anything that detracts from that mission is to be avoided. Indeed, shareholders would have legal cause to seek action against a board that failed to pursue profit with due vigor.
            Now, with that in mind, would someone kindly explain why a public that has been demonstrably ill-served by such a corporation should n

            • by swb ( 14022 )

              OK, I do, but then again I don't.

              Let's say I go to work for a retail store as a manager. The store makes an average profit margin. As a manager, I have control over pricing. I decide to raise prices regularly and at a multiple of the rate of increase of my suppliers. I cut spending on store operations, like training, store facilities, etc, so the shopping experience gets less pleasant. I start requiring shoppers to buy my bags for their purchases.

              Eventually such tactics will piss off my consumers so mu

    • 5 years? Seriously? Sounds staged, like it's merely to give the APPEARANCE of being tough on Comcast instead of actually being tough when being tough is warranted.

      Any student of history knows that corporate regulations are *always* written by the incumbent corporations, then the government passes them along with the veneer of incumbrance, to quell the angry populace (which ALWAYS falls for the ruse because the government schools teach an antagonistic regulating regime; e.g. Standard Oil). The proposed regu

  • bullshit (Score:2, Interesting)

    So it's illegal abuse of their monopoly...but only for 5 years then it's a free for all. That makes sense. What a load of crap. The next president should run his entire platform on crushing ISPs and replacing them with companies that actually give a crap about service and fair pricing. I use my internet a lot more than I use healthcare so guess which one I want reformed.
    • You will use healthcare. Oh, you will. Care.

  • Complain to your utilities commission 5 years isn't enough.

  • Garbage.. (Score:5, Interesting)

    by wbr1 ( 2538558 ) on Saturday February 14, 2015 @03:05PM (#49056247)
    BS Comcast is not happy about this. They have the cash and power to out compete any last mile startup on municipal network in that five years. this gives the public the feeling that something is being done about these ISPs, while giving them more of a stranglehold on the market in a short time. They may act affronted all they like but in reality, behind the mask they are rejoicing because they know what it would mean for them. Whoever architected this, be it lawmakers or some behind the scenes lobbyist or industryman, they are very smart. Well played there bro. I hope you karma is to be ass-fucked my syphilis ridden camels from here to eternity.
    Data connections should be a public utility. period.
    • In areas where there is already a gap, it gives a huge leg up. In areas with both telephone and cable high speed options it is less of an issue at the moment. But, if you wanted to build a gigabit municipal or coop network, this would give you some reprieve.

      Yes, I would wish that there was a longer period of lock-out, but it does at least price in the costs for the deal.

    • Comment removed based on user account deletion
      • by Anonymous Coward

        I think the problem is there's market confusion in what these companies do. Some of this relates to technological change.

        A twisted-pair telephone line was dedicated to voice communication. A coaxial cable was dedicated to television. (Cable TV was less regulated I believe because it was deemed a luxury.) You had to lay both if you wanted both.

        And then one day packet switching technology came along. It didn't care about what the wires were made of. It could carry packet and therefore grant Internet acc

    • by HiThere ( 15173 )

      They have occasionally done the right thing. I wouldn't want to claim that it was their common practice, but they have done it.

  • by Snotnose ( 212196 ) on Saturday February 14, 2015 @08:59PM (#49057653)
    You have 2 companies who each end up in the bottom 10 of the country's most hated companies, both are considered monopolies, and yet somehow, due to, I dunno, campaign contributions, you think letting them join forces to fuck their customers more than each entity alone can do, is a good thing?

    I hate the D's and the R's equally, who the fark can I fire for letting this merger go through? Oh, none? You mean, I'm helpless? If I say any more I'll have agents from DHS at my door before my alarm goes off tomorrow morning.
    • by neminem ( 561346 )

      Yes. I'd be all in favor of his "conditional" approval. The *problem* with both of these companies is that already, neither of them has much/any competition. If the merger goes through, they still don't. If the merger *doesn't* go through, they *also* still don't.

      Much of this lack of competition is legislated. If part of the deal for them to be approved to merge is that they are *forced* to stop blocking any competition, either public or private, from existing, then yes, I'm all for it. What we really need

  • Comcast shall for a period of five years following the effective date of the parent company merger neither oppose, directly or indirectly, nor fund opposition to, any municipal broadband development plan in California

    why is it even POSSIBLE for them to oppose municipal broadband? why isn't it ILLEGAL for them to do so?

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