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The chairmen of the House Commerce Committee and...

The chairmen of the House Commerce Committee and its Communications Subcommittee said in a joint news release they were “concerned” about FCC chairman nominee Tom Wheeler’s “views on merger conditions.” Fred Upton, R-Mich., and Greg Walden, R-Ore., said the “FCC…

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should use its lawful rule making authority as a public and transparent process if it wants to change industry-wide behavior and stop using closed door, strong-arm merger conditions.” They referenced an April 2011 entry (http://bit.ly/18b5fRr) from Wheeler’s “Mobile Musings” blog in which he advocated FCC approval of the AT&T/T-Mobile merger in return for new regulatory terms and conditions (CD May 1 p1). Such agreements could be “misused to affect whole industries, not just those seeking merger approval,” Upton and Walden said. If Wheeler is confirmed, he should work with Congress to “ensure continued innovation and growth in the communications sector,” reform the FCC to make it “more transparent and efficient,” and “ensure an open, successful incentive auction free from artificial restraints on broadcasters willing to sell and wireless providers willing to buy spectrum,” they said. Separately, Rep. John Dingell, D-Mich., commended Wheeler’s nomination and urged him, if confirmed, to ensure transparency in the commission’s handling of the spectrum auction, according to a news release. “I hope Tom will maintain an open dialogue with the Congress about this matter and others in order to ensure that the Commission adheres to its statutory mandates. Transparency is key to protecting the public interest.” A high-profile position in the U.S. government “is new territory” for Wheeler, and many questions remain about his agenda there, said Medley Global Advisors analyst Jeff Silva in a research note. “We suspect there'll likely be tough love for industry stakeholders large and small across the board,” Silva wrote. “If telecom, media and tech firms believe they have a reliable handle on how they might fare under a Wheeler FCC, based on his resume, they likely will be forced to reconsider in time. Of this we are confident, however: Wheeler will make the trains run on time and he will strive to keep regulatory uncertainty at a minimum. He is decisive, does not shy from controversy and is not averse to correcting mistakes in short order.”