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CEI Recon Petition on Charter Overbuild Condition Subject of Draft Order

An order on Competitive Enterprise Institute's petition for reconsideration of the broadband overbuild conditions put on Charter's buy of Time Warner Cable and Bright House Networks (see 1803050023) is on circulation with commissioners, said CEI Director-Litigation Ted Frank. He said…

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the draft order (here) comes as oral argument is scheduled for Sept. 17 in the U.S. Court of Appeals for the D.C. Circuit on the group's petition for writ of mandamus regarding the recon petition (see 1807180027), with the agency potentially trying to make it moot. The FCC didn't comment. Frank said regardless of how commissioners vote, "we'll either have a successful petition or an interesting appeal to the D.C. Circuit."