Merger Reviews Accelerated - U.S. Federal Communications Commission - Brief Article

Television Digest with Consumer Electronics, Jan 17, 2000

FCC wants to complete its review of even largest mergers within 180 days and assure merger review procedures are "uniform and transparent," Commission said in public notice. Although notice came out 2 days after AOL-Time Warner merger announcement, FCC Gen. Counsel Christopher Wright said there was no connection -- FCC Chmn. Kennard had announced merger review in Oct., and improving procedures was subject of congressional hearings last fall.

Some expressed doubts about FCC's ability to meet 180-day deadline for complex mergers, but Wright said he was relatively confident: "If we can do a Sec. 271 in 90 days, I think we can do even the most complex merger in 180." He acknowledged he wasn't sure what changes FCC should make to facilitate merger reviews and that's why Commission staffers will meet with communications attorneys to discuss issue. Meeting is being organized by FCBA's Ad Hoc Committee on Telecom Competition Issues and ABA Antitrust Section, 12 p.m., Jan. 21, at offices of Howrey & Simon, 1299 Pa. Ave. NW.

FCC said merger streamlining effort is being headed by James Bird, ex-Shea & Gardner, who joined Commission as senior counsel. Wright and Bird plan team of 4 lawyers, one economist and support staff to work with bureaus on merger issues. FCC Web site will include postings for jobs.

Meanwhile, FTC officials weren't commenting on report that agency was considering toughening its merger review standards. Wall St. Journal said FTC was considering get-tough approach in response to complex deals raising antitrust issues that can't be resolved through simple divestitures.