Comcast and Time Warner Cable lit into their opponents Tuesday as the two companies defended their $45 billion merger before the FCC.
In a 139-page public portion of their filing to urge the FCC to approve the deal, the companies said they have demonstrated that the transaction “will deliver substantial public interest benefits and generate no cognizable competitive harms.” They suggested the deal’s opponents have offered little more than “rhetoric” and “unsupported conclusions” compared with the companies’ “extraordinarily robust” evidence that the merger is “strongly in the public interest.”
The two companies then named names.
They accused CenturyLink and Dish Network of “blatantly seeking protection from the forces of fair competition that would benefit consumers”; Discovery, RFD-TV, TheBlaze, and Back9 of attempting to command higher fees and terms “they could not reasonably expect in the competitive marketplace”; and Netflix and Cogent of trying to use the review to pursue objectives that had nothing to do with the transaction.
The two also accused public interest groups of “asserting the same worn and unconvincing theories of harm that they have raised in virtually every industry transaction over the past two decades” and upbraided potential competitors Viamedia, RCN and Comtel for “making half-hearted efforts” to find a link to the transaction so they could achieve “parochial business interests.”
Tuesday was the last day the FCC accepted comments on the deal, the Comcast and TWC remarks being among a number filed in response to earlier statements submitted to the agency by supporters and opponents.
The companies on Tuesday reiterated their view that the deal wouldn’t hurt competition.
Intense competition faced by the companies in the Internet backbone market, they said, would limit Comcast’s ability to deprive access to competing online video delivery services.
The comments further explained that Comcast’s need to grow its broadband service means it lacks incentive to degrade rival video delivery platforms because it needs customers of those services to maintain the growth of its broadband traffic and of NBC.
The companies also dismissed as “patently absurd” Discovery’s concerns that Comcast would use its control of the Internet pipe to limit video competition.
The companies questioned whether Discovery, “the seventh largest cable programmer,” should be speaking to the commission on behalf of “independent programmers,” but insisted that the evidence refutes the “self-serving claims” of hostile programmers.
“Merely repeating these same, unsubstantiated claims does not make them true,” the two companies said.
Comcast submitted its filing as David L. Cohen, EVP and senior diversity officer, authored his own post supporting the deal.
“We have demonstrated the absence of serious competitive harms arising out of the transaction,” Cohen said in the post. “The record contains serious and compelling legal, factual and economic analyses of the purported competitive and public interest harms of the transaction — and thoroughly and persuasively rebuts every argument that has been raised by opponents of the transaction.”
15 Movies You Already Forgot About: TheWrap's Best & Worst 2014 (Photos)
"I, Frankenstein": Alternatively titled, "I, Forgot This Move Ever Existed," the modern take on Mary Shelley's horror icon is most memorable for being a bad idea star Aaron Eckhart probably already turned into a repressed memory.
Lionsgate
"The Monuments Men": What happens when director and star George Clooney recruits acting titans Bill Murray, Matt Damon, Cate Blanchett, John Goodman and recent Best Actor Oscar winner Jean Dujardin to make a World War II drama? Critics write bad reviews, and the Nazis lose, or something. It's hard to remember more than that, since Clooney's BFF Brad Pitt put out a much better entry in the same genre eight months later.
Columbia Pictures
"Pompeii": This Carrie-Ann Moss and Kit Harington disaster flick about ancient Rome feels like ancient history, but it actually hit theaters in Feb. 2014. We're sure Sony Picture Entertainment would love for all traces of the seismic flop to be buried under a mountain of ash -- much like Pompeii was itself -- and permanently forgotten.
Sony Pictures
"The Pyramid": This found-footage thriller was dead upon arrival when it opened wide on Dec. 12. Fortunately for first-time director Gregory Levasseur, he wrote the screenplays for "High Tension" and "The Hills Have Eyes" remake, which will hold a place in horror history for years to come.
Twentieth Century Fox
"Men, Women & Children": Director Jason Reitman earned rave reviews for "Thank You for Smoking," "Juno" and "Up in the Air." His latest effort, however, failed to impress critics. Even the trailer failed to impress viewers, because it only grossed $1.7 million worldwide.
Paramount Pictures
"The Legend of Hercules": Not one but two movies about legendary Greek mythology hero Hercules came out this year, but neither made much of a splash. Kellan Lutz never had a chance with "The Legend of Hercules," which had a January release, but maybe he can rest easy knowing that even Dwayne "The Rock" Johnson's August "Hercules" came and went without anyone noticing.
Summit Entertainment
"Need for Speed": A popular video game franchise, cool car chase and Jesse Pinkman from "Breaking Bad" sure seemed like a recipe for success, but the video game adaptation failed to create much excitement amongst any of the various fan groups that DreamWorks and Disney were banking on.
Walt Disney
"Jack Ryan: Shadow Recruit": Tom Clancy's famous literary spy Jack Ryan has been on screen so many times -- played by A-list leading men Harrison Ford, Alec Baldwin and Ben Affleck -- that a new iteration seemed inevitable. But then director Kenneth Branagh's reboot starring Chris Pine came and went without many people noticing. Expect another reboot before you see a sequel.
Paramount Pictures
"Blended": Third time was definitely not the charm for Adam Sandler and Drew Barrymore. While the Warner Bros. comedy tripled its budget at the box office, it will only be remembered for being one of Sandler's worst comedies yet, providing audiences didn't immediately wipe it from their memory when they walked out of the theater.
Warner Bros.
"Walk of Shame": Elizabeth Banks should actually be grateful that this movie has already escaped the minds of moviegoers, because the reviews weren't just bad -- they were atrocious.
Focus Features
"Into the Storm": Who can forget that flying cow in "Twister"? The giant tidal wave crushing Téa Leoni in "Deep Impact"? Or Steven Tyler's vocals in "Armageddon"? Now who can remember the names of the actors that ventured "Into the Storm" for Warner Bros. last summer?
Warner Bros.
"As Above, So Below": You can't tell from the title, but this is a found footage horror movie about people exploring the catacombs beneath the streets of Paris. And if you didn't know that, then you can probably also tell it didn't do very well in theaters.
Universal Pictures
"Brick Mansions": People are too busy looking forward to seeing Paul Walker's final performance in "Furious 7" to remember his in the American remake of French action flick "District B13."
Relativity Media
"Before I Go to Sleep": This psychological thriller boasted a star-studded cast, including Nicole Kidman, Colin Firth and Mark Strong, yet it only made $15 million worldwide when released in October.
Clarius Entertainment
"The Good Lie": This Warner Bros. release starring Reese Witherspoon actually earned rave reviews. Too bad it only earned $2.6 million at the box office. Luckily, Witherspoon managed to generate some awards buzz and secure a Golden Globe nomination for a different drama the critics loved.
Warner Bros.
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Remember when Aaron Eckhart played Frankenstein’s monster? Neither do we
"I, Frankenstein": Alternatively titled, "I, Forgot This Move Ever Existed," the modern take on Mary Shelley's horror icon is most memorable for being a bad idea star Aaron Eckhart probably already turned into a repressed memory.