Comcast Sues FCC Over 30% Cap - Wonders why AT&T/BellSouth merger wasn't a problem
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Comcast Sues FCC Over 30% Cap
Wonders why AT&T/BellSouth merger wasn't a problem
(old news - 08:55AM Friday Mar 14 2008)
tags: legal · competition · fcc · coverage · business · cable · Comcast
Tipped by robertfl
As expected and promised, Comcast has sued the FCC for its decision to block any pay TV provider from controlling more than 30% of the market. Comcast currently sits around 27%, and the ruling effectively stops Comcast from making any more than a minor network acquisition moving forward. Comcast has previously questioned why they're being prevented from growing but not outfits such as AT&T & Verizon, who just got into the TV business:
"The FCC action in this case is perplexing from the same commission that approved the largest telecommunications deal in history with the AT&T merger," Comcast's David Cohen said in February, "as well as two other Bell company mega-mergers in the past three years. As these FCC decisions have strengthened the hands of our Bell competitors, it is unthinkable that the government would constrain the ability of cable companies like Comcast to compete with these colossal companies."
The FCC says the rule is "designed to ensure that no single cable operator or group of operators, because of its size, can unfairly impede the flow of programming to consumers."

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TK Junk Mail @ 14th Mar 09:18AM:
FCC destined to lose this one in court

Given the FCC's telco rulings, their attempts to prevent cable from merging will probably be shot down by the exact same court that shot the FCC down before.

Of course, a new Congress and President(if a Dem wins) may just change laws concerning regulating both telcos and cable companies. Only time will tell.
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kalphearion @ 14th Mar 09:19AM:
They would be stupid

to not sue
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NewMariner @ 14th Mar 09:23AM:
AT&T didnt Compete

At&t didnt compete with Bellsouth. Thats why the merger went through. It didnt reduce the number of companies providing service. Comcast wants to buy out the competition. Thus, reducing the number of providers...
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Paulg @ 14th Mar 09:26AM:
Re: AT&T didnt Compete

Comcast is doing exactly the same thing as AT&T, expanding their footprint.
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UofMiamiGrad @ 14th Mar 09:28AM:
Comcast hates competition!

Do any of the bells offer TV service to 30% of the US market? I doubt it, excluding bundled satellite service. FIOS TV only passed the 1 million mark recently. U-Verse TV is nowhere near that, only 231,000 subs. So why is Comcast crying foul over the Bells? Afraid of competition? How do they control more than 30% of the market solely as a pay TV provider, which is the issue? I hope Comcast loses in court. :D
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Davebo_ @ 14th Mar 09:39AM:
Hey

If they have money burning holes in their pockets to buy more telecom shit, why don't they take some of that coin and upgrade their network?

Then they wouldn't have to throttle their users unmercifully... Fat chance of that ever happening, though, when they can slime their way out....
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BF69 @ 14th Mar 09:50AM:
Re: AT&T didnt Compete

said by NewMariner :

At&t didnt compete with Bellsouth. Thats why the merger went through. It didnt reduce the number of companies providing service. Comcast wants to buy out the competition. Thus, reducing the number of providers...
And Comcast doesn't compete with TW, Charter or Cox. Hardly anyone lives in an area where there are 2 cable companies. Comcast competes with DirectTV which is allowed to have more than 30% of the TV market. If DirectTv had 50 million subscribrs would the FCC be stepping in and preventing that? No. If at&t or verizon had 50 million Tv subscrinbers would the FCC be trying to stop that? No. So exactly what is the difference?
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openbox9 @ 14th Mar 09:50AM:
Re: AT&T didnt Compete

Comcast doesn't compete with TWC, Cablevision, Charter, etc. Comcast merging with or acquiring additional pay TV providers is absolutely no different than AT&T purchasing Bellsouth.
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openbox9 @ 14th Mar 09:52AM:
Re: Hey

said by Davebo_ :

If they have money burning holes in their pockets to buy more telecom shit, why don't they take some of that coin and upgrade their network?
Did you miss yesterday's front page discussion about Comcast upgrading parts of their backbone to 100 Gbps?
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BF69 @ 14th Mar 09:53AM:
Re: Comcast hates competition!

said by UofMiamiGrad :

Do any of the bells offer TV service to 30% of the US market? I doubt it, excluding bundled satellite service. FIOS TV only passed the 1 million mark recently. U-Verse TV is nowhere near that, only 231,000 subs. So why is Comcast crying foul over the Bells? Afraid of competition? How do they control more than 30% of the market solely as a pay TV provider, which is the issue? I hope Comcast loses in court. :D
Do they( the bells ) have 30% of the market or more? No. CAN they? Yes. which is the issue. So can DirectTv. They have 17 million subscribers and are adding at least 1 million a year.
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BF69 @ 14th Mar 09:54AM:
Re: Hey

said by openbox9 :

said by Davebo_ :

If they have money burning holes in their pockets to buy more telecom shit, why don't they take some of that coin and upgrade their network?
Did you miss yesterday's front page discussion about Comcast upgrading parts of their backbone to 100 Gbps?
he loves at&t's 6 Mbps/512 package.
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UofMiamiGrad @ 14th Mar 10:00AM:
Re: Comcast hates competition!

said by BF69 :

Do they( the bells ) have 30% of the market or more? No. CAN they? Yes. which is the issue. So can DirectTv. They have 17 million subscribers and are adding at least 1 million a year.
And when they pass that 30% mark, you can bet the FCC will tell them to sell assets (areas) to get below 30%. If they don't then and only then does Comcast and other MSOs have a case that the FCC rule is flawed. Until such time, Comcast can enjoy the new competition, since they seem to love it so much already.
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odreian615 @ 14th Mar 10:03AM:
Re: Hey

at&t in Canada?!
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jester121 @ 14th Mar 10:09AM:
Re: Comcast hates competition!

You bet on it -- I'll take your action and win your money. The anti-cable FCC doesn't believe in level playing fields.
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anon @ 14th Mar 10:17AM:
Re: AT&T didnt Compete

I agree. I hate Comcast, but this is no different than AT&T
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gaforces @ 14th Mar 10:20AM:
Re: Comcast hates competition!

said by UofMiamiGrad :

Do any of the bells offer TV service to 30% of the US market? I doubt it, excluding bundled satellite service. FIOS TV only passed the 1 million mark recently. U-Verse TV is nowhere near that, only 231,000 subs. So why is Comcast crying foul over the Bells? Afraid of competition? How do they control more than 30% of the market solely as a pay TV provider, which is the issue? I hope Comcast loses in court. :D
They should apply the 30% rule to all information services. Then it would be fair. Clearchannel anyone? ;)
--
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DMS1 @ 14th Mar 10:27AM:
Silly rule

The 30% rule doesn't help competition at all. If you are going to have legislation, do something that will ensure competition in key geographic areas, such as mandating at least two cable-type carriers in cities with over 250,000 people.
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sharksfan3 @ 14th Mar 10:40AM:
Re: Silly rule

said by DMS1 :

such as mandating at least two cable-type carriers in cities with over 250,000 people.
I'm not sure how that will work over one pipe. Given the space crunch that cableco's are experiencing all by their loansome with HD channels.
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S_engineer @ 14th Mar 10:48AM:
Re: Comcast hates competition!

Comcrap has a lot of nerve suing anybody about caps. How about identifying ones imposed onto customers!

Funny, maybe Comcrap should look at the irony here.
--
"There is no such thing as public opinion. There is only published opinion."....Winston Churchill

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RadioDoc @ 14th Mar 11:25AM:
Re: Comcast hates competition!

Clear Channel owns far less than 30% of all US radio stations. More like 13% at their peak and considerably less today. You might want to refine your arguments to reflect the reality of the numbers.

The CATV 30% cap is mostly related to video programming delivery and not the Internets. If Comcast operated as a common carrier this would not be an issue, but they do things that are anti-competitive within their own systems and are justifiably spanked for it.
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RadioDoc @ 14th Mar 11:32AM:
Re: Hey

Don't bother with them...they are Enlightened. :p
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Toolmaster of La Grange.

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bogey780 @ 14th Mar 11:37AM:
Different environments

The telcos and cablecos have a different regulatory history and evolution. So of course they're going to be different.

You can argue that we need to scrap current regulations and reinvent them... but I don't think you want to see VOIP getting treated the same as POTS. Unless you want higher bills.
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BF69 @ 14th Mar 11:43AM:
Re: Comcast hates competition!

said by UofMiamiGrad :

said by BF69 :

Do they( the bells ) have 30% of the market or more? No. CAN they? Yes. which is the issue. So can DirectTv. They have 17 million subscribers and are adding at least 1 million a year.
And when they pass that 30% mark, you can bet the FCC will tell them to sell assets (areas) to get below 30%. If they don't then and only then does Comcast and other MSOs have a case that the FCC rule is flawed. Until such time, Comcast can enjoy the new competition, since they seem to love it so much already.
How can DitrecTv sell areas? In fact how can at&t sell areas? Sell to who? verizon? No wait they'll have to sell too. Oh wait maybe to crappy TDS the only other telcom that servies my state and they don't offer TV hell they barely offer DSL. Try THINKING before posting.
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BF69 @ 14th Mar 11:45AM:
Re: Hey

said by odreian615 :

at&t in Canada?!
sorry didn't see that. Why is a Canadian bothering posting about a AMERICAN company suing a American government agency?
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BF69 @ 14th Mar 11:48AM:
Re: Different environments

said by bogey780 :

The telcos and cablecos have a different regulatory history and evolution. So of course they're going to be different.

You can argue that we need to scrap current regulations and reinvent them... but I don't think you want to see VOIP getting treated the same as POTS. Unless you want higher bills.
VoIP is treated the same. I have packet 8 and I was told last month they will now start having to pay state sales tax. In the last 2 years they've also had to add in a 9-1-1 charge, USF etc etc. No different than my phone bill from bellsouth/at&t was except it's still cheaper.
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majortom1029 @ 14th Mar 12:11PM:
i agree with comcast

IF this new legislation does not apply to the telecoms and satellites with there tv then it is unfairly targeting cable.

The same way voice legislation should apply to voip.

Verizon is getting a free pass to do what ever they want and thats not right.
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bogey780 @ 14th Mar 12:13PM:
Re: Different environments

No, they're still not treated the same. The FCC has nothing to do with state sales tax.
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UofMiamiGrad @ 14th Mar 12:23PM:
Re: Comcast hates competition!

said by BF69 :

said by UofMiamiGrad :

said by BF69 :

Do they( the bells ) have 30% of the market or more? No. CAN they? Yes. which is the issue. So can DirectTv. They have 17 million subscribers and are adding at least 1 million a year.
And when they pass that 30% mark, you can bet the FCC will tell them to sell assets (areas) to get below 30%. If they don't then and only then does Comcast and other MSOs have a case that the FCC rule is flawed. Until such time, Comcast can enjoy the new competition, since they seem to love it so much already.
How can DitrecTv sell areas? In fact how can at&t sell areas? Sell to who? verizon? No wait they'll have to sell too. Oh wait maybe to crappy TDS the only other telcom that servies my state and they don't offer TV hell they barely offer DSL. Try THINKING before posting.
The 30% rule doesn't apply to satellite, it's wireline. So what the hell does D* have to do with it? AT&T/Verizon would have to sell their wireline assets to other wireline providers, if they ever offered TV services to 30% of US market. So Quest can't buy a AT&T/Verizon area? Northpoint can't purchase more areas? Any wireline provider will have to offer TV if they are to survive in 10 years. How about you try thinking before posting. Must suck to live in your area of TN, if you are broadband limited. Enjoy your limited options.
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RadioDoc @ 14th Mar 12:44PM:
Re: Hey

Why are you wasting your time whining about it?
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Toolmaster of La Grange.

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RadioDoc @ 14th Mar 12:43PM:
Re: i agree with comcast

Where is your backup for that "free pass" argument? If Verizon achieves 30% of the market then they'll be subject to the same cap. This is hardly "new" legislation.
--
Toolmaster of La Grange.

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anon @ 14th Mar 12:33PM:
The FCC is a joke

The FCC needs to set some regulations that bring broadband through DSL and cable to rural households and quit worrying about nonsense like this. I can't stand how all these companies are making record breaking profits yet they only worry about the urban customers. Yes i understand that's where they stand to make the greatest profit, but come on enoughs enough. Broadband gets faster and faster in cities, while rural areas are still listening to the modem dial up. What is somebody going to do about this? NOTHING!!!
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deadzoned @ 14th Mar 12:40PM:
Hmm

While I think that Martin certainly seems to have a bell slant, I am not sure where I stand on this whole 30 percent thing. I tell you what though, based on the reaction from Congress and the newly opened investigations, I wonder if there is something to it.
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anon @ 14th Mar 12:53PM:
Re: Different environments

said by bogey780 :

The telcos and cablecos have a different regulatory history and evolution. So of course they're going to be different.
I'm confused though... Didn't you argue for regulatory parity back a few months ago when the discussion was about statewide franchises ?

I think the fact that you have presented (different regulatory history) was one that people used in opposition to special franchise rules.

You can argue that we need to scrap current regulations and reinvent them... but I don't think you want to see VOIP getting treated the same as POTS. Unless you want higher bills.
I think re-writing regulations might be the best idea... As long as those writing the regulations are aware of the fact that VoIP can't be regulated like POTS because the technologies are so radically different. The problem is that legislators are usually pretty ill informed about what they want to regulate - think Ted Stevens and his tubes.
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bogey780 @ 14th Mar 01:44PM:
Re: Different environments

You didn't understand and still don't understand my argument.

And IPTV is radically different in it's nature to cable TV. What's your point?
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GlobalMind @ 14th Mar 01:44PM:
Go for it

Personally I find annoyance with both AT&T and Comcast but hey...

It shouldn't really matter how they arrive at the 30% and it really shouldnt't matter if the provider's history is as cableco or telco.

I don't see a reason why they shouldn't sue. Go for it.
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BF69 @ 14th Mar 02:07PM:
Re: Comcast hates competition!

said by UofMiamiGrad :

The 30% rule doesn't apply to satellite, it's wireline. So what the hell does D* have to do with it?
Try reading what you quoted of me and then your response. anyways why can DirectTv have more than 30% and not Comcast? How is that not hampering competition?

AT&T/Verizon would have to sell their wireline assets to other wireline providers, if they ever offered TV services to 30% of US market. So Quest can't buy a AT&T/Verizon area?
Is there a Quest area west of the rockies? No. would quest be interested in such areas? No. Could quest even afford to buy other areas? No. Does Quest even offer Tv? No.

Northpoint can't purchase more areas? Any wireline provider will have to offer TV if they are to survive in 10 years. How about you try thinking before posting.
You try thinking. At&T will NOT be forced to sell areas when they hit 30% FACT. No other TV provider but cable is subject to this rule. FACT. Therfore it's not right. FACT.

Must suck to live in your area of TN, if you are broadband limited. Enjoy your limited options.
How would Comcast owning more than 30% of cable going to limit my options? If Comast own 100% of the cable market how would that affect my option. Ther has ALWAYS be one cable provider in my area. There will ALWAYS be one cable provider in my area. In fact this rule would actually LIMIT my choices.

Say if Charter wanted to sell my area well because of the cap Comcast can't buy it. There for limiting the number of suitors for my area. Increasing the chances that some inferrior company with crappy service and no plan on increasing service or speeds would take over instead of a company working on Docsis 3.0 for all it's areas within 2 years.

yeah it sucks for broadband here. I can only get 6Mbps/512Kbps max from at&t and only 10Mbps/1Mbps max from Charter until later this year when they roll out 16 mbps/2Mbps. Oh the horror!
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BF69 @ 14th Mar 02:13PM:
Re: i agree with comcast

wrong.

this law is from 1984 WELL before FiOS and Uverse. Show me where in the law it says FiOS and Uverse are considered CABLE. if they are I'm 100% sure At&t and Verizon would be suing the FCC too over this definition. show me a link to where FiOS and Uverse and the such has been declared a CABLE service. No link means you are wrong.
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RadioDoc @ 14th Mar 02:30PM:
Re: Comcast hates competition!

Here in the developed world there are multiple choices. In Chicagoland alone Comcast has competition from WOW and RCN in various suburban and city areas. U-Verse is ramping up. Should Comcast be allowed to become so huge that they can control program origination? They're already in the shit for withholding their sports network from competitors.

As for satellite, what are their market shares? Do you even know?
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Toolmaster of La Grange.

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anon @ 14th Mar 02:29PM:
Wouldn't

this actually LIMIT competition? When a provider hits that 30%, they can't expand thus limiting options for other areas. For example IF Verizon hits the 30% mark,(IF the FCC makes the same rules apply to the bells... :uhh:... probably not now that I think about it...) in their current markets in the northeast, they can't expand and offer service to new areas, LIMITING competition in some areas. Also, once a provider hits that 30% mark, what is the point for them to improve service? There usually are just 3 choices for consumers to choose from, so those providers think "Hey! Their stuck with one of us no matter what, and can't expand our business any more. So why should we spend money to improve our service?". So once again, the FCC is just doing what is truly best for consumers!
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EPS @ 14th Mar 02:40PM:
Re: i agree with comcast

FiOS is definitely considered a cable service, and is operated like one, except that the fiber goes much deeper into the system. Otherwise the video works essentially the same way as cable does (it even runs over coaxial once it gets to the house), though the internet and phone work differently. Verizon has worked within the franchise rules, though it's also been trying to get them changed in its favor. However, I do not know whether Verizon is considered a "cable company".

U-Verse is an entirely different animal, since it's IPTV, packet-based- that's much more up to dispute whether it's a "cable" service, must like whether VOIP is a "telephone" service.
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RadioDoc @ 14th Mar 02:52PM:
Re: i agree with comcast

1984? Are you sure about that? Really, really sure? Here is a hint: Some relevant numbers are 1992 and 2001.

I suppose that in your battle of links you forgot to go to the Federal Register and read up on things. Here ya go: 47 CFR § 76.5 (Definitions). Look at what constitutes a Multichannel Video Service and what does not. The key point here is whether it uses the public right of way. Here, I'll save you some time:

said by The Code of Federal Regulations :

§ 76.5 Definitions.

(a) Cable system or cable television system. A facility consisting of a set of closed transmission paths and associated signal generation, reception, and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community, but such term does not include:

(1) A facility that services only to retransmit the television signals of one or more television broadcast stations;

(2) A facility that serves subscribers without using any public right-of-way;

(3) A facility of a common carrier which is subject, in whole or in part, to the provisions of Title II of the Communications Act of 1934, as amended, except that such facility shall be considered a cable system to the extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide interactive on-demand services;

(4) An open video system that complies with Section 653 of the Communications Act; or

(5) Any facilities of any electric utility used solely for operating its electric utility systems.

Note to paragraph(a): The provisions of Subparts D and F of this part shall also apply to all facilities defined previously as cable systems on or before April 28, 1985, except those that serve subscribers without using any public right-of-way.
Please note that in (a)(3) video on demand-type services (arguably U-Verse) are exempt while FiOS TV would certainly be subject to the cable rules.

--
Toolmaster of La Grange.

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BF69 @ 14th Mar 03:04PM:
Re: Different environments

said by bogey780 :

No, they're still not treated the same. The FCC has nothing to do with state sales tax.
hello USF, 9-1-1 that certianly has to do with FCC.
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BF69 @ 14th Mar 03:12PM:
Re: Comcast hates competition!

there are multiple choices. In Chicagoland alone Comcast has competition from WOW and RCN in various suburban and city areas. U-Verse is ramping up. Should Comcast be allowed to become so huge that they can control program origination? They're already in the shit for withholding their sports network from competitors.
Once again Uverse is not subject to the 30% rule. is that fair? No. Those areas with more than one cable providor are in the extreme MINORITY. And if not having 2 means one doesn't live in the "developed world" then 99% of America is a 3rd world country then.

As for satellite, what are their market shares? Do you even know?
doesn't matter if they had 50% the TV market they would NOT be affected by this rule adn that's kind of the point. They certainly have more than 30% of the satelite market.
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BF69 @ 14th Mar 03:13PM:
Re: Wouldn't

said by anonomous :

this actually LIMIT competition? When a provider hits that 30%, they can't expand thus limiting options for other areas. For example IF Verizon hits the 30% mark,(IF the FCC makes the same rules apply to the bells... :uhh:... probably not now that I think about it...) in their current markets in the northeast, they can't expand and offer service to new areas, LIMITING competition in some areas. Also, once a provider hits that 30% mark, what is the point for them to improve service? There usually are just 3 choices for consumers to choose from, so those providers think "Hey! Their stuck with one of us no matter what, and can't expand our business any more. So why should we spend money to improve our service?". So once again, the FCC is just doing what is truly best for consumers!
Oh quit making so much sense!
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RadioDoc @ 14th Mar 03:33PM:
Re: Comcast hates competition!

That's priceless.

U-Verse currently is a form of video on demand and will never even approach a 30% market share as such. Nice straw man.

The rule states 30% of the video market. That you want to ignore the definitions and wrap your argument around false assumptions (let along ignoring reality) speaks to how vacuous your argument is.

Go read the rules.
--
Toolmaster of La Grange.

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bogey780 @ 14th Mar 03:45PM:
Re: Different environments

Oh if that was all there was to it. So your state has added sales tax to it and the FCC is making them pay into funds they have direct access to. You're still a long way off from regulatory parity.
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bogey780 @ 14th Mar 03:54PM:
Re: i agree with comcast

FiOS is functionally the same as any cable operator. Their network shares the same architecture in terms of distribution though not facilities.
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gaforces @ 14th Mar 04:14PM:
Re: Comcast hates competition!

I'm not going to refine my statement. They have, or had way too much control over media in the US and ruined a lot of stations I "used" to listen to.

"Market share
In the late 1990s and early 2000s, the company became an object of persistent criticism. Critics claim that it has abused its market position and has operated in an unethical manner. FCC regulations were relaxed following the Telecommunications Act of 1996, allowing companies to own far more radio signals than before. After spending about $30 billion, Clear Channel owned over 1,200 stations nationwide, including as many as seven stations in certain markets. Competitors and listeners complained, but so far the company has been able to hold on to all of its stations after divesting a few following the acquisition of AMFM, although over 500 stations have since been sold or are in the process of being sold since the company announced plans to become privately held."

»en.wikipedia.org/wiki/Clear_Chan···et_share
--
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pepperxn @ 14th Mar 04:20PM:
fcc

I agree with the fcc on this one.

Comcast would start buying the rest of the cable companies if they could buy more. Comcast services most of the states, with around 10 million more customers than the 2nd largest cable company, Time Warner Cable. Plus, with cable, you really don't have a choice.

Could you imagine Comcast buying Time Warner Cable once it's spun off from Time Warner? Then they'll buy Cox, Charter, Cablevision, etc. They'll raise prices some more, poke more fun at the telcos.

Cable started this battle. They think they're "cool". They added VoIP to "steal" customers from telcos. They have intro prices, then the prices go up, with rate increases every year. So now the telcos got into tv to fight back (u-verse iptv, fios tv).

Comcast just doesn't want competition. I don't see how anyone could be on their side, you either work for them, or you have them as your cable provider. It's a monopoly that should be broken up. (note: Microsoft owns like 10% of Comcast)
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RadioDoc @ 14th Mar 04:40PM:
Re: Comcast hates competition!

The owners who sold out to Clear Channel are the ones who "ruined" those stations. Format changes are a way of life. Seek them out and complain that they ruined your station. I'm sure they'll apologize while rolling in the hundreds of million dollars Clear Channel pumped out to acquire these smaller groups.

Your Wikipedia article is flawed, implying that Clear Channel along exhibits the bad traits the author(s) attribute to them. While CC certainly deserves criticism for certain operating policies they never managed to control much of the media and in fact failed in their growth experiment. They may have had way too much control in certain local markets but overall they never managed to gain an advertising stranglehold. And, as I noted above, they never managed to acquire more than about 13% of the total commercial radio stations before the organization became too large to manage profitably. But this has nothing to do with the cable ownership cap.

When it comes to local strangleholds, nobody beats the cable monopoly. In many smaller markets if you want to advertise locally on TV you have one option--cable. There are excellent public policy arguments made to support a limit on how much of the cable TV market one company should be allowed to control. At some point the industry should be turned into a common carrier and regulated as such.
--
Toolmaster of La Grange.

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anon @ 14th Mar 04:41PM:
Re: Different environments

said by bogey780 :

You didn't understand and still don't understand my argument.
I know what you are arguing, but it holds no water.

And IPTV is radically different in it's nature to cable TV. What's your point?
My point is that your position keeps changing...

The only difference between IPTV and cable television (right now) is the transport mechanism, that is it. That difference does not justify special regulation.

VoIP, like on the Vonage or Packet8, is so radically different from POTS, cable digital phone or even cable/teclo provided VoIP that it can't operate in the same regulatory domain as POTS.
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eatnaders @ 14th Mar 04:56PM:
Re: Hey

Thats because Mr. Martin our FCC Chairman is a jackass.
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djrobx @ 14th Mar 05:11PM:
Re: Comcast hates competition!

Ah, but by that logic, the cable companies can also reduce their percentage by only accounting for actual customers who bought service, rather than the entire territories they serve.

On our street, we've got tons of Dish, DirecTV and even some U-verse subs now. I'd be surprised if TW had 50% of the market share of my street.

My biggest problem with the 30% cap is that I have not seen any real evidence that the big guys are offering significantly worse service than the smaller outfits that such a rule seems to be designed to encourage. Comcast in particular seems to be very aggressive about deploying the latest and greatest technology. I would rather have Comcast or Time Warner than some small outfit that can't afford to keep up with what the bigger guys are doing.
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djrobx @ 14th Mar 05:14PM:
Re: Comcast hates competition!

quote:
Should Comcast be allowed to become so huge that they can control program origination? They're already in the shit for withholding their sports network from competitors.
I totally agree that's a major problem, but how about enacting regulations that address that specific issue, rather than a "30% market cap"? Because again, I would really hate to lose my Time Warner service and get stuck with some half-baked cable company simply because the FCC doesn't like TW's size.
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gaforces @ 14th Mar 05:18PM:
Re: Comcast hates competition!

LOL, we mostly agree. I havent found that 13% number and I'm not really looking. I think you just enjoy arguing with me :)

Only one thing more to say on this subject for me, the format change on one station went from Rock to Mexican RAP, ughh its aweful.
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bogey780 @ 14th Mar 05:23PM:
Re: Different environments

'I know what you are arguing, but it holds no water.'

No, you've consistently shown you do not know what I am arguing in the way you address me or critique me.

'The only difference between IPTV and cable television (right now) is the transport mechanism'

Then the only difference between light and electricity is the transport mechanism. It's all energy, man!

'VoIP, like on the Vonage or Packet8, is so radically different from POTS, cable digital phone or even cable/teclo provided VoIP that it can't operate in the same regulatory domain as POTS.'

So radically different that the end-user requires nothing more than a new gateway to compensate for the switch from circuit based telephony to packet based telephony. Yea, that's the "radically" different technology. That's a whole lot more radical than having to install new tuners for each TV along with a whole new network topography and transport mechanism.
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anon @ 14th Mar 05:59PM:
Re: Wouldn't

What?! You don't like the truth :D?
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anon @ 14th Mar 05:54PM:
Re: fcc

Since when did Microsoft own ANY of Comcast :o? Plus, how would Comcast eliminate competition if they bought out other cable companies? Almost all areas serviceable by cable only have one cable company servicing the area. Plus, no matter where you are, there are two more companies offering service; Dish network and DirecTV. Some of the major metro areas like New York, Chicago & Detroit have either U-verse or FIOS. So the way I see it, even IF Comcast was stupid enough to buy the ENTIRE cable industry, there would still be competition.
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pepperxn @ 14th Mar 06:31PM:
Re: fcc

said by anonomous :

Since when did Microsoft own ANY of Comcast :o? Plus, how would Comcast eliminate competition if they bought out other cable companies? Almost all areas serviceable by cable only have one cable company servicing the area. Plus, no matter where you are, there are two more companies offering service; Dish network and DirecTV. Some of the major metro areas like New York, Chicago & Detroit have either U-verse or FIOS. So the way I see it, even IF Comcast was stupid enough to buy the ENTIRE cable industry, there would still be competition.
»www.microsoft.com/presspass/pres···sPR.mspx
»www.pcworld.com/article/id,4867/article.html

Microsoft owns 15% of Comcast.

Comcast would buy more cable companies, and raise prices, and pretend that nothing happened. They would be servicing cable to the whole country!
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anon @ 14th Mar 07:04PM:
Re: Different environments

said by bogey780 :

No, you've consistently shown you do not know what I am arguing in the way you address me or critique me.
Then refresh me, what are you arguing?

Actually, I would be the one that argue that...

'The only difference between IPTV and cable television (right now) is the transport mechanism'

Then the only difference between light and electricity is the transport mechanism. It's all energy, man!
You don't want to open that can of worms... Its Friday and I don't feel like whopping out the "Physics-Fu".

So radically different that the end-user requires nothing more than a new gateway to compensate for the switch from circuit based telephony to packet based telephony. Yea, that's the "radically" different technology.
Only partly true... Don't forget the whole concept of device portability (not tied to a single location), reliance on third parties for transport, etc. Third party VoIP is far more different that just a simple box. The difference is in the details.

That's a whole lot more radical than having to install new tuners for each TV along with a whole new network topography and transport mechanism.
You do realize that the description you have outline describes cable years ago.

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bogey780 @ 14th Mar 08:00PM:
Re: Different environments

Look, I don't know anything about your experience...sometimes it seems like you have some experience. But if you're arguing IPTV is more like cable TV than VOIP is like POTS then I might as well just stop talking with you as you're just trying to bluff me on your experience.
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bobjohnson @ 14th Mar 08:13PM:
Re: Comcast hates competition!

What I see that sucks about this cap is not just about the tv, but this includes internet, phone and the other services that they offer.. They don't even have the option for those services and it's not included in the cap... The telco tv will take years to get big enough to compete with comcast or tw, and will never make it to the rural areas.. but since they made this rule it should be universal with tv providers (except dish and such) because they technically cover like 99% of the us markets...
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BF69 @ 14th Mar 08:32PM:
Re: fcc

said by pepperxn :

I agree with the fcc on this one.

Comcast would start buying the rest of the cable companies if they could buy more. Comcast services most of the states, with around 10 million more customers than the 2nd largest cable company, Time Warner Cable. Plus, with cable, you really don't have a choice.

Could you imagine Comcast buying Time Warner Cable once it's spun off from Time Warner? Then they'll buy Cox, Charter, Cablevision, etc. They'll raise prices some more, poke more fun at the telcos.
Then peole would switch to directTV or dish network. Perhaps uverse or FiOS if available.

Cable started this battle. They think they're "cool". They added VoIP to "steal" customers from telcos.
Now that's just stupid. Also for someone who wants competiton why are you against competition with phone service? If the telcos are allowed to have total control prices would go up and up. I know lots of people that Verizon cell service and no landline phone at all. So I guess verizon "stole" at&t customers here too.

Comcast just doesn't want competition. I don't see how anyone could be on their side, you either work for them, or you have them as your cable provider. It's a monopoly that should be broken up. (note: Microsoft owns like 10% of Comcast)
I would say that At&t, verizon, directTV would prefer not to have any competition either. Comcast is NOT a monopoly since they don't anywhere near 50% of the cable market.

You still haven't explained how Comcast even owning 100% of the cable market would mean higher prices? Do you have 2 or more cable companies in your area? I don't and never will and neither will 99% of America. Competition only exist where companies actually compete for customers. This doesn't happen in 99% of America with cable.
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anon @ 14th Mar 09:16PM:
Re: fcc

Do they still own that stock? Both say 1997; that was 11 years ago. Plus, do they even have that big of an influence on the company? I mean the guide(as far as I know) on the STB isn't even from Microsoft.
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Davebo_ @ 14th Mar 09:21PM:
Re: Hey

Why is someone from Tennessee worrying about what a Canadian posts?

Some of you yanks - so close minded to the idea of open press, and how issues with ISP's in the states can ultimately translate to ISP's in other countries.

Comcast et al vs Net Neutrality - You think that's a story that should be limited to potential Comcast subscribers only?

Interesting....
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anon @ 14th Mar 10:01PM:
Re: Different environments

said by bogey780 :

But if you're arguing IPTV is more like cable TV than VOIP is like POTS then I might as well just stop talking with you as you're just trying to bluff me on your experience.
Whether you admit it or not, from a network architecture standpoint, the two are very similar, especially with the addition of SDV to digital cable. UVerse, for example, mimics HFC more than you think it does - head/central office to a node (VRAD) via fiber and then to the subscriber premises.

There are differences too and I have never said there weren't any. The use of IGMP groups (SDV mimics that functionality) and dedicated pairs instead of a shared coaxial medium are the main differentiators, but beyond that the services are similar.

So, I'll ask, in your mind what makes them such different services? Is it the different transport and physical layers? Is it broadcast versus multicast (a difference that will soon disappear)?

How, in your opinion, are they so vastly different ?
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hottboiinnc @ 14th Mar 10:10PM:
Re: Comcast hates competition!

How is U-Verse a form of VoD? I didn't know you got to select what shows you wanted to watch all the time. I thought it was just like cable just according to AT$T used a different platform for delivery.
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smcallah @ 14th Mar 10:18PM:
Re: fcc

said by pepperxn :

Comcast would buy more cable companies, and raise prices, and pretend that nothing happened. They would be servicing cable to the whole country!
Why would they need to buy more cable companies to raise prices? In most of the markets they serve, they are already the ONLY cable company. So what is the difference if they are the only cable company nationwide? They would still have competition from the same companies they compete with now.

If you follow your own logic, with them being the only cable company in markets they serve, then they could just raise prices to whatever and be done with it. But the reality of competition from Sat and telcos exists, and would still exist even if they bought every other cable company.
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pepperxn @ 14th Mar 10:30PM:
Re: fcc

said by anonomous :

Do they still own that stock? Both say 1997; that was 11 years ago. Plus, do they even have that big of an influence on the company? I mean the guide(as far as I know) on the STB isn't even from Microsoft.
I'm pretty sure I read that they do somewhere.
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pepperxn @ 14th Mar 10:34PM:
Re: fcc

said by smcallah :

said by pepperxn :

Comcast would buy more cable companies, and raise prices, and pretend that nothing happened. They would be servicing cable to the whole country!
Why would they need to buy more cable companies to raise prices? In most of the markets they serve, they are already the ONLY cable company. So what is the difference if they are the only cable company nationwide? They would still have competition from the same companies they compete with now.

If you follow your own logic, with them being the only cable company in markets they serve, then they could just raise prices to whatever and be done with it. But the reality of competition from Sat and telcos exists, and would still exist even if they bought every other cable company.
Look at what Comcast did in the past, they raised prices. Even with U-verse, they're raising prices. They could just use the excuse of buying more companies, raise prices, and say they need extra money for "upgrades", whether it's true or not.
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pepperxn @ 14th Mar 10:41PM:
Re: fcc

said by BF69 :

said by pepperxn :

I agree with the fcc on this one.

Comcast would start buying the rest of the cable companies if they could buy more. Comcast services most of the states, with around 10 million more customers than the 2nd largest cable company, Time Warner Cable. Plus, with cable, you really don't have a choice.

Could you imagine Comcast buying Time Warner Cable once it's spun off from Time Warner? Then they'll buy Cox, Charter, Cablevision, etc. They'll raise prices some more, poke more fun at the telcos.
Then peole would switch to directTV or dish network. Perhaps uverse or FiOS if available.

Cable started this battle. They think they're "cool". They added VoIP to "steal" customers from telcos.
Now that's just stupid. Also for someone who wants competiton why are you against competition with phone service? If the telcos are allowed to have total control prices would go up and up. I know lots of people that Verizon cell service and no landline phone at all. So I guess verizon "stole" at&t customers here too.

Comcast just doesn't want competition. I don't see how anyone could be on their side, you either work for them, or you have them as your cable provider. It's a monopoly that should be broken up. (note: Microsoft owns like 10% of Comcast)
I would say that At&t, verizon, directTV would prefer not to have any competition either. Comcast is NOT a monopoly since they don't anywhere near 50% of the cable market.

You still haven't explained how Comcast even owning 100% of the cable market would mean higher prices? Do you have 2 or more cable companies in your area? I don't and never will and neither will 99% of America. Competition only exist where companies actually compete for customers. This doesn't happen in 99% of America with cable.
Comcast is a monopoly. They have nearly 27% marketshare, and buying more cable companies. You know they want as close to 100% as they could get. Then raise prices some more. More revenue for them. They'll be the only ones in the cable business, and could ask any price. I actually do have more than 1 cable company in my area. Do you really want to see just one cable company?
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KrK @ 14th Mar 11:13PM:
Re: AT&T didnt Compete

The difference is: They are Telcos, and Charter is a Cable Co.

Which is to say, none really. Except: Martin's bias.
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pepperxn @ 14th Mar 11:16PM:
Re: fcc

Maybe you people just don't see it, that's all.

I guess you think it'll be ok to have one cable company, have one company control it all.

Comcast pokes fun at at&t. Most people that have tv have "cable", so they probably think they might as well go with them for everything (phone service). They have intro rates, then the price goes up. You should read the stories here about the hidden costs that Comcast has.

This place is Comcast fan land.
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anon @ 14th Mar 11:19PM:
Re: fcc

I'm pretty sure Comcast won't want to be like the old AT&T since they already know what happened to them(divested in 1984, almost out of cash when SBC bought them out). They especialy won't get 100% of the cable industry as long as martain is still the head of the FCC. In fact, I really don't think any telecom company will get 100% controll of a market in the U.S. since they would get divested like the old AT&T.
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RadioDoc @ 15th Mar 12:14AM:
Re: Comcast hates competition!

It's video over IP which is not sent until you 'order' it via the remote, which is the same as VoD. The only difference is that it picks up live program feeds instead of recorded feeds. It has more in common with SDV than traditional digital cable.
--
Toolmaster of La Grange.

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KrK @ 14th Mar 11:23PM:
Simple solution

Any Video service provider is forbidden from owning or controlling a Media content creator. OR must offer the content to anyone who wants to carry it for the exact same rates they charge their subs for it. IE Cable giants (or Telco Giants) can't buy up or have exclusive rights to channels or events... or if they do, they must provide it to all who wish to carry it for the exact same rate THEIR customers pay for it.

Problem solved. Fair for all service providers.
--
"Regulatory capitalism is when companies invest in lawyers, lobbyists, and politicians, instead of plant, people, and customer service." - former FCC Chairman William Kennard (A real FCC Chairman, unlike the current Corporate Spokesperson in the job!)

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RadioDoc @ 15th Mar 07:24AM:
Re: Simple solution

That is the smartest solution. Turn the whole mess back to common carrier status while you're at it.

There is precedent for your scenario: The TV networks were prohibited from originating prime time network programming for a couple of decades because they got snippy about running indie productions, preferring to keep it in house. Viacom (for example) was created from CBS's production operation and spun off to it's own company in compliance.

It's time.
--
Toolmaster of La Grange.

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notwrth10 @ 15th Mar 01:21AM:
Re: fcc

said by pepperxn :

This place is Comcast fan land.
Pretty much, and Rick wouldn't have it any other way!

I kind of wonder what he pays Karl?
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espaeth @ 15th Mar 03:50PM:
Re: Hey

said by Davebo_ :

Comcast et al vs Net Neutrality - You think that's a story that should be limited to potential Comcast subscribers only?
What does the 30% footprint policy have to do with Net Neutrality?
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LeftOfSanity @ 15th Mar 04:33PM:
Re: Comcast hates competition!

said by RadioDoc :

It's video over IP which is not sent until you 'order' it via the remote, which is the same as VoD. The only difference is that it picks up live program feeds instead of recorded feeds. It has more in common with SDV than traditional digital cable.
Wow.

And that makes a difference? Its still TV service. VoD is content stored on servers, not a live feed. Hence = TV. But even if it was, So?
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RadioDoc @ 15th Mar 05:16PM:
Re: Comcast hates competition!

In the context of the FCC rules, there is a difference. By your definition, YouTube is cable if you watch it on your TV. So would be anything via Apple TV.
--
Toolmaster of La Grange.

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anon @ 15th Mar 10:21PM:
Re: Comcast hates competition!

Why does the FCC have all those stupid technicalities? What is it, for the bells to be able to get around obstacles cable can't(thanks to FCC chairman Martin :mad:). I'm no cable fan boy(I think FIOS is a great service overall), but Martin has an extreme bias and it isn't right.
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RadioDoc @ 16th Mar 02:48PM:
Re: Comcast hates competition!

What technicalities are you complaining of? These rules were written before Martin was on the FCC and came via directives from Congress. The Communications Act is not an FCC document...they are tasked with implementing it.

Cable is the one who fought to have their non-video services classified as "information services" not subject to common carrier regulation. The rest of this stems from that.

Don't believe everything you read on company websites.
--
Toolmaster of La Grange.

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SKYWARP @ 24th Apr 06:56PM:
30% Mark

The reason that a cable company could potentially be limited to 30% of tv subs is so that they will not have an unfair advantage in the market regarding purchase of programming.

If Comcast held 50% of the entire pay tv market, they could in turn, use that position to secure more advantageous deals with broadcasters. They could force ESPN to offer better pricing to them, they could potentially buy some programming as exclusives (limiting competition's ability to purchase that programming), etc. It would give them a more heavy hand in negotiations than they have already. Comcast would have too much potential control over TV content.

This is the "competition" that the law is talking about, not direct subscriber competition with other providers.

I personally don't agree, but this is the reason the law is in effect for a cable company.
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BSD24 @ 15th May 01:28PM:
Re: Comcast hates competition!

said by UofMiamiGrad :

Do any of the bells offer TV service to 30% of the US market? I doubt it, excluding bundled satellite service. FIOS TV only passed the 1 million mark recently. U-Verse TV is nowhere near that, only 231,000 subs. So why is Comcast crying foul over the Bells? Afraid of competition? How do they control more than 30% of the market solely as a pay TV provider, which is the issue? I hope Comcast loses in court. :D
UofMiamiGrad,

Verizon Fios was given the ok to have no-cap on the market. So basicly the FCC believes that Telephone Companys (TELCOS) should be able to provide cable services to as many people as they want anywhere with no cap. But if Comcast wants to do that, since they are Cable Operator and not Telco, they have to obide by the 30% cap. MAKES NO SENSE - WE NEED TO FIRE THE FCC! Comcast will and should win in court!~!

That is why Comcast is sueing them. TWC and Charter are both on the side of Comcast just as Cable Industry in general is. Verizon doesn't even want there to be local-franchise control restrictions for them, They say because they are Telco, they shouldn't have to obide by franchise laws, and be able to offer tv services to anyone, state by state (state-wide approval).
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BSD24 @ 27th May 02:19PM:
Re: i agree with comcast

said by bogey780 :

FiOS is functionally the same as any cable operator. Their network shares the same architecture in terms of distribution though not facilities.
Not since the FCC is telco friendly and has/will be giving Verizon a waiver to the cable rules. They keep stating Verizon is Telco and Comcast is Cable-Operator - supposedly they believe there is a difference and Verizon as a telco shouldn't have to adhere to the laws and rules as Cable-Ops... Verizon doesn't have to follow the 30% cap for cable market..
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