#fcc review

Two of the sources interviewed by the firm offered differing reasons why the FCC could help the AT&T-Time Warner deal along.

“The irony is that having the FCC review the proceeding may increase the chance of getting the deal done,” said one source. “The DOJ generally does not like behavioral remedies but has relied on existence of such conditions in an FCC order. If the FCC cannot condition the approval, the DOJ will have [fewer] tools to get to yes…”

Another source suggested one potential scenario where FCC intervention could turn into a win for AT&T and Time Warner.

“If [the FCC] doesn’t approve, it sets the application for a trial-type hearing before one or more Administrative Law Judges. The FCC and its staff haven’t done a trial-type hearing for decades and the staff is deathly afraid of being crushed and embarrassed by the applicants’ high-priced and very experienced trial lawyers,” the source wrote.

Of course, many of the sources interviewed for the report said it’s likely that more clarity on the deal’s chances won’t be easily attained until after the upcoming presidential election.