Network Neutrality Backers Seek Merger Info

Trade group INCOMPAS wants the Federal Communications Commission to include redacted materials from recent mergers involving Comcast, Charter and AT&T in its review of Chairman Ajit Pai’s proposal to roll back the agency’s network neutrality rules. The group, which counts Netflix and Sprint among its members, said economic studies, internal company presentations and other data submitted as part of the commission’s merger review process shows that internet service providers have incentive to curb competition. The information would be vital in a court review of final rules, said INCOMPAS CEO Chip Pickering. “The FCC has taken a position that the ISPs do not have the means and the motive to act against online competitors,” Pickering said. “And if that’s the question, you have to look at all the evidence. And a refusal to consider the evidence, I think any court would find unreasonable.”

INCOMPAS noted that its request would not make the information available to the general public. Instead, only certain parties would be able to see the documents — the same confidentiality the FCC used in the merger reviews. Comcast, Charter and AT&T opposed the request, arguing that sharing the information in the net neutrality proceeding risks disclosure of sensitive documents. Charter said the “unprecedented request is a harmful fishing expedition, which, if granted, would violate federal law.” Pickering finds the companies’ opposition suspect: “Their nuclear reaction for simply asking for the evidence to be included continues to beg the question, ‘What do they have to hide?’” INCOMPAS asks the FCC to act by July 31. Agency representatives did not respond to a request for comment.