New York PSC Has Concentration Concerns with Comcast/TWC

The New York State Public Service Commission says it is "currently" not taking a position on whether the Federal Communications Commission should approve or block the Comcast/Time Warner Cable merger, but has a number of "potential concerns," including that the companies may be lowballing the potential of vertical and horizontal harms.

The NYPSC, which is conducting its own review of the deal's impact on the state, did say that the FCC should focus its review on vertical and horizontal market power issues, as well as bridging the digital divide and mitigating market power harms.

NYPSC is suggesting that the FCC require Comcast to offer a $50 per month service with download speeds of at least 10 Mbps, which the FCC has suggested could be its new baseline for high-speed broadband. NYPSC also suggests the FCC could beef up enforcement of conditions by allowing an arbitrator to award attorneys’ fees for successful complaints.