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FCC Urges 1st Circuit to Reject MDTC Effective Competition Challenge

Massachusetts Department of Telecommunications and Cable's challenge to the FCC's finding the AT&T TV Now streaming service is effective competition to Charter cable service in Massachusetts and part of Hawaii (see 1912230063) comes from a "cramped reading" of statutes and…

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regulation that makes only facilities-based cable operators effective competitors under the LEC test. That's according to the FCC in a docket respondent brief Wednesday (in Pacer, docket 19-2282) with the 1st U.S. Circuit Court of Appeals. It said MDTC's "unduly narrow" LEC test goes against Congress wanting cable rates be set by competition, not regulation. It urged MDTC's petition be denied. The state agency didn't comment.