LEC Test Clearly Involves Facilities, Hawaii Says in Charter Petition Pushback
The statute that sets out the LEC test for effective competition says "facilities," showing Congress meant to apply it only to LECs that that use their facilities to provide video programming in direct competition with cable-TV operators, Hawaii said in…
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a docket 18-283 posting Tuesday. Any other interpretation -- such as what Charter Communications is offering in its petition for a finding of effective competition based on the presence of DirecTV Now (see 1809170020) -- is unwarranted and would remove rate regulation protections from those remaining communities where there's not yet effective competition, the state said.