DOJ Approves Verizon Cable Deal With Some Conditions
8/16/2012
The Computer & Communications Industry Association appreciates the excellent work of the Justice
Department and the FCC in reviewing a complex deal struck by Verizon and its
largest cable competitors that would surely be rejected if it took the form of
a merger.
Unfortunately, the remedies
prescribed by the Justice Department are no match for the powerful business
incentives of these dominant network operators/Internet access providers to
carve up wireless and geographic landline markets for their mutual
benefit. We hope the FCC is
considering stronger interconnection and interoperability conditions that will
give existing landline telcom and wireless competitors a chance to survive,
because there is no real hope for any new entry into the broadband Internet
access business in the U.S.
The following statement can be attributed to CCIA President &
CEO Ed Black:
“CCIA appreciates the obvious hard work that the DOJ put into
identifying and understanding the many threats to competition and innovation
from this deal. As a 40 year-old trade association, CCIA has unfortunately seen
deals approved before with limitations that were often not ever really
enforced. In recent decades CCIA has been encouraged as the government tried to
promote competition with the Bell breakup of the 1980s and with the pro-competitive
aspects of the 1996 Telecom Act. Approval
of this deal, unfortunately, seems to represent abandonment of hope for the
telecom competition envisioned late last century.
“The Obama administration
rightly recognizes the importance of universal access to broadband, but the
devil is in the details and deals like this map out further consolidation
around the most profitable markets only. Without new entrants, we have to be
careful when allowing competitors to cooperate or merge parts of their
operations. Once competition is lost, it’s hard to get it back.
The following can be attributed to CCIA Vice President Cathy
Sloan:
“The proposed consent decree contains modest time and geographic
limits on the Verizon/Cable joint marketing and operating agreements. These and
other detailed provisions carefully begin to the address some of the
anticompetitive concerns that were so clearly identified by the Justice
Department, but they read more like a full employment guarantee for telecom
antitrust lawyers than ironclad prohibitions on abuse of monopoly power. And legacy telco and cable monopolies
always have more lawyers than anyone else.
“While we appreciate the DOJ’s efforts to mitigate the
anticompetitive effects on consumers and market rivals, they are simply not
adequate to prevent Verizon and the cable companies from favoring their own
“quad play “ bundle in critical areas like landline backhaul, roaming and wifi
offloading. It’s in the many
underlying network functions not mentioned in the commercial agreements where
most of the opportunity for anticompetitive mischief lurks. Most independent wireless carriers will
not be able to compete in a “quad play” world and even AT&T will be quite challenged. That’s a recipe for wireless duopoly. Meanwhile, the four years before one of
the conditions kicks in is more than enough time to kill off residential telco
DSL Internet access, which is a recipe for landline Internet access monopoly.
“We hope the FCC understands that if its public interest
conditions on the deal are not broader and stricter than remedies available
from a pure antitrust perspective, this may be the last straw for competition
that forces Congress and future Commissions to return to monopoly
regulation. Affordable Internet
access connections are now clearly as important to most Americans as landline
dialtone once was.”