The DoJ's main competition concern was the cable operator restricting access to certain content, making it more difficult for online video providers to obtain programming. It said that Time Warner had been an "industry leader" in such practices, prohibiting content providers from distributing their material with online rivals, and the new, bigger Charter would have even more incentive to do so.
Under the terms of the proposed settlement, Charter would be prohibited from entering into or enforcing any agreement with a programmer that forbids, limits or creates incentives to limit the programmer’s provision of content to one or more online video distributors. Nor could Charter retaliate against programmers for licensing to online providers.
The FCC also imposed its own conditions, focusing in particular on ensuring that broadband customers of the cable operator have access to a choice of content providers. Charter will not be permitted to charge usage-based prices or impose data caps, and the operator will be prohibited from charging interconnection fees, including to online video providers which deliver large volumes of internet traffic to broadband customers.
The proposed conditions still require court approval and will be subject to a 60-day comment period before taking effect. An independent monitor will help ensure compliance.
