Today, in connection with two significant and simultaneous merger reviews, the Media Bureau issued an Order establishing unique protections for the Merger Applicants’ programming contracts, retransmission agreements, and other related materials.
This new procedure balances three important public-interest obligations: (i) the Commission’s need for access to highly relevant information about the Applicants’ business practices, (ii) other parties’ need to express informed views to the Commission about the transactions, and (iii) the need to ensure that sensitive competitive information is used solely for that purpose.
These obligations are supported by the law, which requires that we decide whether a proposed transaction would further the “public interest, convenience and necessity.” That analysis is informed by the Applicants’ past course of conduct, which is critical to understanding the impact of a future merger. Equally important is the legal command that the Commission’s decision be based on a public record developed through public notice and an opportunity to comment.
The Commission often obtains sensitive commercial information along the way. And it has a long-established method of handling such information. Through a binding Protective Order, third parties can gain access to Highly Confidential Information only after agreeing to restrictions that are based on years of Commission experience. For example, the only people allowed to see Highly Confidential Information are outside representatives who personally acknowledge and commit to abide by these restrictions. The information may be used only in connection with the proceeding in which it is produced, and no one involved in competitive decision-making is eligible to see it. Individuals also must destroy or return the information when the Commission’s proceeding is over.
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