http://latimesblogs.latimes.com/entertainmentnewsbuzz/2010/05/fcc-is-digging-deep-as-its-reviews-comcast-nbc-universal-deal.html

FCC is digging deep as it reviews Comcast-NBC Universal deal

By Joe Flint
Los Angeles Times

May 25, 2010 |  3:46 pm


Looks like the legal teams at Comcast Corp. and General Electric Co.'s 
NBC Universal are going to be working this holiday weekend.

Last week, the Federal Communications Commission sent questions to 
Comcast and NBC Universal as part of the regulatory agency's review of 
the merger between the nation's largest cable and broadband provider and 
the entertainment giant.

GENACHOWSKI The questions are, to put it mildly, very detailed and 
probing and no doubt will require both companies to reveal confidential 
information, much of it involving third parties. About the only thing 
the FCC doesn't want to know about Comcast and NBC is what's on the menu 
at their respective cafeterias.

Some of the questions the FCC is asking may even go beyond the 
regulatory agency's purview. However, when regulatory agencies review 
mergers, they try to dig as deep as they can using the public interest 
angle as justification and since the companies want to get their deal 
done, they usually play ball. The due date for both companies is June 11.

Of particular interest to the commission is how NBC Universal and 
Comcast decide what content of theirs goes on what platforms. The FCC is 
asking NBC Universal to provide "total revenues and other consideration" 
it gets from cable and satellite distributors, online video distributors 
and its own NBC affiliates. The commission also wants to know details of 
every programming agreement NBC Universal has with all its distributors 
as well as the financial nitty-gritty on its production business.

There are similar questions for Comcast. The FCC asks: "Describe in 
detail all discussions, deliberations, analyses, and decisions related 
to providing or not providing the company's video programming to 
unaffiliated online video programming distributors, including but not 
limited to Hulu, Boxee, YouTube, Amazon, and iTunes." If that's not 
enough, the commission wants to know all persons involved in such 
discussions.

With regards to Hulu, the FCC says it wants details on all "discussions, 
deliberations, analyses, and decisions related to the possibility of 
Hulu charging a monthly fee to access content on their website."

However, NBC Universal may have to tell the FCC to take a hike on that 
one, as Hulu is also owned by Walt Disney Co. and News Corp. and they 
may not want NBC to disclose confidential discussions and business 
strategies. Oh, and the FCC doesn't really have any regulatory say over 
whether Hulu charges for content or not (at least not yet).

ROBERTS Many of the questions give insight into what the FCC is 
concerned about regarding the merger. It wants NBC to cough up any 
research or presentations made to the company's board of directors or 
upper management about the "future viability of free over-the-air 
broadcast television." It also is very interested in how Comcast 
negotiates with broadcasters for retransmission consent and how owning 
NBC Universal might give the cable company leverage in negotiating with 
other cable and satellite distributors.

The FCC wants Comcast and NBC Universal to provide details of every 
sports rights contract their respective companies hold, including the 
NBA, the NFL and MLB. Comcast also owns sports teams and the commission 
wants to know what sort of distribution deals the cable giant cuts with 
other distributors. It also wants to know how much NBC makes in ad 
revenue for all the shows it airs.

On the movie side, the FCC wants to know the inner workings of Universal 
Pictures, including the costs of the movies the studio has made, 
acquisition costs and revenue from various windows.

One of the concerns for Comcast and NBC as they try to answer all those 
questions is that the information they provide doesn't fall into the 
hands of its competitors. While all the fun stuff will probably be 
redacted in the answers they release to the public and media, some 
lawyers for those companies that are filing against the deal could get a 
look at a lot of the inner workings of Comcast and NBC Universal.


Here are links to the FCC's questions.

For NBC:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-298335A2.pdf

For Comcast:

http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-298336A2.pdf

-- 
================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
Mail: antunes at uh dot edu

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