  Recently, the FCC announced a new standard for review in mergers. Under the
new standard, mass media mergers that comply with existing rules will
automaticly receive approval, while those that do not will receive a more
searching review. Common carrier mergers, however, will continue to receive the
4=part test established in Bell Atlantic/Nynex. The new standard fails to take
into account the complexities of the emerging, converged networked world, and
is essentially obsolete on arrival. Looking to those areas where Congress has
required an additional public interest review of mergers, a pattern emerges.
The emergence of vast, vertically integrated networks of content and conduit
fit the historic pattern of areas requiring piublic interest review and
re-enforce the need for increased, rather than decreased merger review.
