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View Diary: Comcast To Buy Time Warner Cable... What Could Possibly Go Wrong? Updated x2 (158 comments)

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  •  Plus, this has nothing to do with case law (0+ / 0-)

    If the FCC approves this, it's a done deal. Sure, parties who feel themselves wronged or otherwise against this will claim standing and sue, and they might even win. But that's not going to come from either the FCC or DoJ.

    Not this FCC or DoJ, at least, which are deeply neoliberal ones (and I believe effectively corrupt ones, in that legalized form of corruption in which former government officials who OBVIOUSLY and KNOWINGLY did industry's bidding while in government then go on to work for these industries at huge salaries).

    You can present all the pretty formalistic arguments you like, but it's obvious how this works, and you know it.

    "Reagan's dead, and he was a lousy president" -- Keith Olbermann 4/22/09

    by kovie on Thu Feb 13, 2014 at 07:28:44 AM PST

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    •  It does have to do with it, (1+ / 0-)
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      because it limits the FCC's options.  It can't block the merger because it feels like it, to please political constituencies, or to make a point about corporations in society at large.  You want to talk about corruption  . . .

      And if it doesn't approve, it might well get sued anyway.  I don't start from the assumption that the merger should be approved,  as a matter of politics, and I don't start from the assumption that it shouldn't as a matter of policy.  I think there are very interesting legal arguments for or against, and I think it only makes sense to evaluate how those are handled on the basis available to an agency engaged in formal, on the record review.  If it's "formal," a lot work goes into it, and any decision will ultimately have to have some grounding in the formal record, even if somewhere, sure, a political tendency comes in at the very highest levels.  (and here's it's not a matter of pleasing corporations writ large but deciding which ones to please and which ones to offend.)

      what happened to not engaging me?  

      Difficult, difficult, lemon difficult.

      by Loge on Thu Feb 13, 2014 at 07:55:34 AM PST

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      •  I'm not going to engage your sillier "arguments" (1+ / 0-)
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        That rely upon formal standards which don't apply here.

        As for this, well, obviously the FCC can't approve or disapprove because it just feels like it, and has to be mindful of case law and the legal consequences of approving or disapproving without regard to it (as well as, of course, statutory law, including its own mandate).

        But, one, that still leaves it with some room to decide one way or another--provided that it does so smartly, from a legal pov, which I'm certain it will. (But even then, I find it hard to believe that this could be approved, legally, from an anti-competitive pov, but given how conservative and pro-corporate the courts have been in effectively rewriting statutory law, it may not really matter what the statutes say if the courts say otherwise, effectively.)

        And, two, the idea that there isn't some ethically corrupt negotiation going on behind the scene, with a combination of incentives and threats are being used to pressure the FCC commissioners--and for all I know judged--to approve, is simply laughable. This is how our world actually works, compared to how it's supposed to and should work. That I can't "prove" it is meaningless, because we've seen this happen countless times in other matters.

        Either way, the FCC is going to get slammed by someone however it decides. Ideally, it would be for doing the right thing here. More likely, though, it will be for doing the opposite. I'd love to be wrong on this. I don't think I will.

        My cynicism is born from experience and observation of how the world actually works, not what I was taught in grade school.

        "Reagan's dead, and he was a lousy president" -- Keith Olbermann 4/22/09

        by kovie on Thu Feb 13, 2014 at 08:45:55 AM PST

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