Charter Argues DirecTV Now as Effective Competition Case to Media Bureau
That one needs access to broadband to get DirecTV Now doesn't disqualify the virtual MVPD service from satisfying the LEC test, Charter Communications told FCC Media Bureau Chief Michelle Carey, said a docket 18-283 ex parte posting Monday. It said…
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Congress specified the LEC test can be satisfied by an LEC or affiliate offering video by any means other than DBS. It said Massachusetts and Hawaii have broadband subscription penetration rates of more than 80 percent -- those being the two states where it's seeking an effective competition determination based on DirecTV Now's existence (see 1809170020). It said the LEC test shouldn't have a penetration requirement since Congress didn't extend that effective competition definition to the LEC test. And it said including physical channels in the definition of comparability under the LEC test would be contrary to the lesser burdens of the LEC test.