Commentary

Charter Merger Could Curtail Options For Online Video, Lawmaker Warns

Charter's plan to acquire Time Warner Cable and Bright House Networks in a deal valued at $89 billion is drawing more scrutiny on Capitol Hill.

Today, Sen. Harry Reid (D-Nevada) warned regulators that increased consolidation in the broadband market "creates a risk that investment and innovation in broadband will stagnate, leading to higher prices and fewer choices for consumers."

He added that the merger could "erect further barriers to broadband competition, including from wireless and fiber."

The Senate minority leader also warned that "barriers to broadband competition and reduced consumer choice in online video inextricably are linked."

Reid's letter comes just several days after five other senators, including presidential candidate Bernie Sanders (D-Vermont), also expressed concerns about the deal.

A recent report in The Wall Street Journal suggests that the FCC is considering whether to impose merger conditions that would reduce the risk of Charter thwarting online video distributors. The Journal also reported that regulators are examining whether cable companies have discouraged the growth of over-the-top video by pressuring broadcasters to withhold programs from the Web.

For its part, Charter has promised to follow some of the net neutrality rules for at least three years as a merger condition, even if the regulations don't hold up in court. The company also promised that it won't cap broadband data, or charge customers based on their data consumption, for at least three years. In addition, Charter said it won't charge content companies like Netflix extra fees to interconnect directly with Charter's servers.

Netflix has said it supports the acquisition, but other online video distributors, including HBO and Dish, have expressed concerns. Dish says the deal would leave Charter in a position to undermine Sling TV, while HBO says Charter could hinder the stand-alone streaming service HBO Now.

A Charter spokesperson responded today with the company's main talking points: It will "add tens of thousands of American jobs, expand broadband access to millions of underserved homes, preserve an open internet and offer fast unlimited broadband at a better value without additional modem fees" after the merger.

For all of his concerns, Reid isn't asking regulators to reject the merger outright.

Instead, he says officials should review whether merger conditions aimed at "mitigating anticompetitive outcomes" can be enforced.

Reid also rightly points out that a more competitive broadband market is the only real way to guard against the possibility that cable companies will hinder online video. After all, when cable companies control the only available high-speed broadband pipes, they have every incentive to discourage people from dropping pricey pay-tv subscriptions in favor of watching online video.

Next story loading loading..