FCC Approves Transfer

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Scott Greczkowski

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FCC Approves Transfer of Control of Direct TV to Liberty Media
Subject to Conditions

Washington, DC –The Federal Communications Commission (FCC) today approved the transfer of control of DIRECTV to Liberty Media subject to conditions. The Commission concluded that, as conditioned, the public interest benefits of the transfer outweighed the potential harms and
would be consistent with applicable Commission rules and policies.

As a benefit of the transaction, Liberty Media and News Corp., which is the majority stakeholder of DIRECTV, would sever their ownership interests with each other which will decrease media consolidation and reduce vertical integration therefore benefiting the public. The Order also imposes certain conditions to ensure that the transaction will serve Commission’s
competition and diversity goals. The Order requires that Liberty and DIRECTV abide by program access, program carriage, Regional Sports Network ("RSN") arbitration, retransmission consent arbitration conditions, modeled on similar conditions imposed in 2003, when the Commission approved the transfer of DIRECTV from Hughes to News Corp. In addition, the Order requires that all of the attributable ownership interests connecting DIRECTV-Puerto Rico
and Liberty Cablevision of Puerto Rico, Ltd., which will be under common control as a result of the transaction, be severed within one year, at which point the companies must certify either that they have reduced the relevant interests to a non-attributable level or that they have filed any
applications necessary to divest assets.

On balance, the Commission found that the transaction, as conditioned, would serve the publicinterest.

Action by the Commission February 25, 2008, by Memorandum Opinion and Order (FCC 08-66). Chairman Martin, Commissioners Tate and McDowell with Commissioner Copps concurring and Commissioner Adelstein approving and dissenting in part. Separate statements issued by Commissioners Copps and Adelstein.

MB Docket No. 07-18
 
Thanks to John H for the heads up!

It should be noted that for the deal to go through they still need approval from the Department of Justice.

This is the first time I remember a FCC ruling coming out before the DOJ's.
 
What does this mean for us?
Hopefully some management at the top that will only be reporting to Liberty Media instead of News Corp with an eye out towards the affect on Liberty Media. For the last year D* has been trying to answer to 2 owners. With only Liberty Media hopefully they won't have to walk the safe road and they can become aggressive in growing the service again.:)
 
Thanks to John H for the heads up!

It should be noted that for the deal to go through they still need approval from the Department of Justice.

This is the first time I remember a FCC ruling coming out before the DOJ's.

That was the case with the E*/DTV merger as well. FCC said no. The players folded and the DoJ never had to act. But generally the FCC ratifies the DoJ action.
 
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