Last July, the U.S. Department of Justice filed an appeal of a U.S. District Court-District of the District of Columbia finding that AT&T’s acquisition of Time Warner Media would not hurt competition. The Justice Department, according to The Hill, believes the acquisition would harm competition where AT&T might not provide access to its newly acquired content by other competing content providers or video delivery networks.
Democrats today hinted that once they take-over the U.S. House, they would investigate the Trump administration’s opposition to the merger. Since the campaign for the presidency in 2016, Mr. Trump has verbalized his concern that a merger between the telecommunications giant and the media giant would be a bad thing because of the size of the new entity. In addition, Mr. Trump has expressed no love for CNN, the cable news network that would be one of the crown jewels on AT&T’s new portfolio.
As if any one needed a reminder of the no love lost between the Trump administration and the Atlanta-based news organization, one needed look no further than the spat between CNN’s Jim Acosta and President Trump during a press conference last week. Mr. Trump had no problem suspending Mr. Acosta’s access to the White House.
Congressional Democrats have attacked the merger from the net neutrality angle. Democrats such as Senator Ed Markey have come out against the merger in part due to antitrust and consumer protection reasons. According to Senator Markey, telecommunications policy should ensure that, ” … those with the best ideas, not simply the best access, can share their content with the world.”
But given that net neutrality was not at the top of voters’ holiday shopping list last week, I don’t expect Democrats to approach the Trump administration with anything that looks like a temporary truce. According to analysisanalysis by Gizmodo, a sweep of 1,180 campaign websites saw very few office seekers trumpeting the call for a free and open internet. Real household issues, such as healthcare and the economy, were on the top of family priorities.
I’ve read analysis where it is expected that outgoing Republicans licking their wounds from their 2018 defeat will vote to approve the resolution that passed last May in the U.S. Senate to repeal the Federal Communications Commission’s Restoring Internet Freedom order. This order, passed in 2017 by the Commission, repealed a 2015 Commission order that implemented net neutrality rules. The argument is that outgoing GOP congressmen who probably leaned toward the open internet philosophy would want to appease their former constituents by supporting net neutrality rules. I don’t see that happening.
I expect that outgoing Republicans will pay attention to whatever housekeeping matters are on the agenda, including tomorrow’s testimony by Federal Reserve chairman Jerome Powell before the House financial services committee. Besides, why would a GOP former congressman want to relieve themselves of their conservative bona fides so early after an election. You just don’t relieve yourself so quickly of political capital that you will need for any future political endeavors.