Local governments may also have authority to review, raise concerns and seek conditions to protect their communities

The Federal Communications Commission has opened a proceeding to review the proposed merger announced in May between Charter Communications Inc. and Time Warner Cable Inc., and the associated acquisition of Bright House Networks by Charter, and the companies have filed their “public interest statement” kicking off the FCC’s review of the transaction.

Local governments and the public will be given an opportunity to file comments on the proposed transaction. While the FCC has not yet set deadlines for filing comments, it will likely do so soon.

The FCC review of the merger application will provide a unique opportunity for local governments to object to the merger (even if the merger is not subject to review at the local level) and raise concerns about the merger’s effects on localities, as well as to seek conditions that could protect local communities. There may also be significant opportunities for some local governments to protect consumers through a local review process, or through reviews at the state level.