Wave OTT Competition Complaint Meritless, Moot, Comcast Networks Say

Wave's carriage and streaming complaint against NBCUniversal and three Comcast regional sports networks (see 1712190041) is procedurally flawed, time barred and without merit, the networks said in a docket 17-361 opposition posted Tuesday. They said Wave is essentially making an untimely program access complaint, and gives no authority as to why the FCC should waive the one-year limitation to allow a formal program access complaint. They said Wave indicated it will invoke arbitration for the RSNs under the Comcast/NBCU consent decree order, which is incompatible with the company simultaneously seeking the FCC involvement. The networks said Wave complaints are about to become moot given the pending takeover by TPG Capital (see 1705220058), since NBCU and TPG's RCN Telecom Services recently signed a multiyear carriage agreement, meaning Wave systems within days or weeks will carry the RSNs under the terms RCN negotiated. Wave outside counsel didn't comment.