Altice/Cablevision Say Zoom Petition for Reconsideration 'Nothing new'
Zoom Telephonics' petition to have the FCC reconsider its approval of Altice's buy of Cablevision regurgitates the same assertions the Media, International, Wireless and Wireline bureaus rejected in their order and fails to rebut that the order said cable modem…
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maker's allegations aren't relevant because they raise no transaction-specific harms, the cable companies said in a joint opposition filed Monday in docket 15-257. Zoom also petitioned for reconsideration of FCC approval of Charter Communications' buying Time Warner Cable and Bright House Networks (see 1606100043). FCC OK last month of Altice/Cablevision (see 1605040010) rejected calls by Zoom for modem-related conditions (see 1602050013) as not being transaction-specific. Altice/Cablevision said the thrust of Zoom's argument that Cablevision's modem and billing practices violate FCC rules and the Communications Act was aired during the agency's consideration of the deal: "Zoom's petition identifies precisely the same facts, and rehashes precisely the same arguments, set forth in its Petition to Deny [and] presents nothing new." Altice/Cablevision said Zoom's arguments about the billing practices being contrary to the public interest "involve precisely the sort of unrelated harms that the Commission routinely has refused to consider in its transaction review context." In its petition, Zoom argued the FCC improperly deferred consideration of its allegations relating to cable modem pricing issues and neglected to assess its arguments that the transaction wasn't consistent with the Communications Act, Telecommunications Act and public interest standard. It said it wanted reconsideration of the lack of any conditions to ensure Altice's cable modem certification practices are consistent with FCC rules, and that Cablevision dissuades purchase of third-party modems through misleading information on its website. Zoom said it repeatedly raised the issue of mandating bill transparency during the FCC's consideration of the transaction, but the commission made "manifest error" by neglecting to even consider whether approving the deal without addressing Cablevision billing practices is contrary to the public interest. Zoom's petition wasn't posted on the FCC Electronic Comment Filing System by our deadline, and the agency said it wasn't an ECFS problem.