The Increased Need For FCC Merger Review In A Networked World
Harold Feld
Abstract
Recently, the FCC announced a new standard for review in mergers. Under the new standard, mass media mergers that comply with existing rules will automaticly receive approval, while those that do not will receive a more searching review. Common carrier mergers, however, will continue to receive the 4=part test established in Bell Atlantic/Nynex. The new standard fails to take into account the complexities of the emerging, converged networked world, and is essentially obsolete on arrival. Looking to those areas where Congress has required an additional public interest review of mergers, a pattern emerges. The emergence of vast, vertically integrated networks of content and conduit fit the historic pattern of areas requiring piublic interest review and re-enforce the need for increased, rather than decreased merger review.
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