Jenner & Block

Jenner & Block Wins Regulatory Approval for Charter Communications’ $90 Billion Cable Merger

WASHINGTON, DC, May 18, 2016 – Jenner & Block secured major regulatory approvals that paved the way for client Charter Communications, Inc. to merge with Time Warner Cable, Inc. and Bright House Networks in a transaction valued at approximately $90 billion.  During the nearly yearlong proceedings, Jenner & Block advocated the benefits of the deal – including increased incentives to further improve its network, lower programming costs, and the extension of Charter’s online video- and consumer-friendly policies – to federal and state regulators.  In the process, the firm defeated challenges to the deal from an array of opponents, including competitors and public interest groups.

This process culminated in two recent approvals.  On May 10, 2016, the Federal Communications Commission released its order approving the transaction as being in the public interest.  “[A]fter a careful review of the economic, documentary, and other record evidence,”  the Commission concluded, “the Applicants are fully qualified and . . . the public interest benefits promised by the proposed transaction . . . support grant the grant of the Application.”   And on May 12, 2016, the California Public Utility Commission approved the transaction – completing the 13 state approvals necessary for the deal.  Charter closed May 18, 2016.

As a result of this transaction, Charter becomes the second-largest broadband provider and the third-largest video provider in the United States.  It will serve approximately 19 million broadband customers, 17 million video customers and 9 million voice customers across 41 states.

Partners Samuel L. Feder and John Flynn, co-chairs of the Communications, Internet & Technology Practice, led the firm team.  Members also included Partners Luke C. Platzer, Leah J. Tulin, Lindsay C. Harrison, Joshua M. Segal, Adam G. Unikowsky, Jared O. Freedman, Melissa A. Cox, Jessica R. Hertz, Nancy C. Libin, Damon Y. Smith, Matthew E. Price and David A. Handzo; Associates David M. Didion, Bradley P. Humphreys, Elliot S. Tarloff, David A. Wishnick, Rochelle P. Lundy, R. Trent McCotter, Edward L. Prokop, J. Douglas Wilson and Breanne K. Long; Staff Attorneys G. Patrick Webre and Colleen M. Reddan; Discovery Attorney Kathleen Olivi; Senior Paralegals Cheryl Olson, Albert Peterson and Terri Busch; Paralegal Casey Yi; Litigation Support Specialist Bryan Power; Legal Secretary Beth Gulden; Project Assistants Adam Weidman and Molly Castelvecchi; and Docket Assistant Tyler Edwards.