Charter, With ACA Backing, Reasserts DirecTV Now Means Effective Competition

Opponents to Charter Communications' petition to be declared effectively competitive due to DirecTV Now (see 1810260026) rely on a restrictive LEC effective competition test inconsistent with FCC precedent and underlying policy goals, the cable operator replied, in docket 18-283 posted Tuesday. It said the argument DirecTV Now doesn't offer physical channels as defined by Section 602 of the Cable Act is contrary to statutory language of the LEC test, which doesn't mention channels but says competing services can be provided by any means other than DBS. The operator said nothing in statute, rules or precedent indicates Congress wanted to limit the meaning of offering service to only a physical network of DirecTV owner AT&T. The American Cable Association agreed that DirecTV Now satisfies the effective competition test since that test doesn't require the LEC offer local exchange service in the franchise area or that DirecTV Now meet the MVPD definition.