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Copyright 1999 Federal Document Clearing House, Inc.  
Federal Document Clearing House Congressional Testimony

November 04, 1999

SECTION: CAPITOL HILL HEARING TESTIMONY

LENGTH: 2027 words

HEADLINE: TESTIMONY November 04, 1999 RUSS FEINGOLD SENATOR SENATE JUDICIARY MCI WORLDCOM AND SPRINT MERGER

BODY:
Statement of Senator Russ Feingold Senate Committee on the Judiciary The MCI WorldCom/Sprint Merger - A Competition Review November 4, 1999 Mr. Chairman, first let me thank you and the Ranking Member for convening this important hearing. I have my own feelings about this proposed mega-merger, but I look forward to hearing from this panel of experts to see if, in fact, the Sprint/MCI WorldCom merger would enhance competition in the long-distance telephone market. I won t mince words, Mr. Chairman, I am disheartened by this proposed merger, to say the least. Should this merger pass muster with the Federal Communications Commission and the Justice Department, about 90 percent of the long-distance telephone market would be controlled by just two companies. According to the FCC, the next largest companies possess just 2 percent of the market each. I fail to see a benefit to consumers from combining the second and third largest long-distance companies in an already concentrated market. Mr. Chairman, many people will be surprised to learn that, according to Consumers Union, the Consumer Federation of America, and the Texas Office of Public Utility Counsel, the majority of residential long distance consumers are actually paying more today for long distance calling than they did before the passage of the Telecommunications Act of 1996. What with nickel nights to 5 cents every day to 7 cent one rates, long-distance rates have seemed to fall precipitously in the recent past - unfortunately, those gains for consumers on per-minute rates have been more than offset by a host of new charges and fees. Now, these two behemoths want to consolidate and thereby strangle some of the competition that has led at least to falling long-distance rates. And again, consumers inevitably will take it on the chin. Mr. Chairman, this is a step backward, not progress toward competition. As I have discussed, there also is evidence that the benefits of competition in the long-distance market are not all it s cracked up to be. The long-distance companies have more than made up for falling long-distance rates with monthly minimum usage charges, the presubscribed interexchange carrier charge, and the universal service fund charge, which hit low-income, low-volume callers disproportionately. Some of the witnesses before us today may argue that this proposed merger will increase competition in the long-distance telephone market, but I am skeptical, given what has happened so far. Analysis by the organizations I mentioned found that 71 percent of poor households; 64 percent of lower-middle income households; 58 percent of middle income households; 50 percent of upper-middle income households; and 43 percent of wealthy households now pay more in their long distance bills than they did before the 1996 Telecom Act. Since the Act passed, about 70 million households are paying $2.3 billion more per year in their long-distance bills. One-half to two-thirds of all residential consumers are paying more expensive telephone bills. This is occurring while 60 percent of the wealthiest Americans are paying less. If this is the effective competition we were promised, I won t lose any sleep over my vote against the Telecom Act. Mr. Chairman, the fact that we re even considering this merger shows, once again, that the 1996 Telecommunications Act has not led to the vaunted growth in competition that it promised and has failed to deliver significant benefits to consumers. In fact, just the opposite has happened. I was one of just five senators to vote against the Telecom Act. In fact, I strongly opposed the provisions that supporters contended would lead to greater competition and lower rates for consumers. Those few of us in the Congress who voted against the Telecom Act did so because it did not seem likely to lead to true competition and benefits to consumers. We have been hoping to be proved wrong, but it doesn t seem to be working out that way. In fact, it is now clear that competition is dwindling before our eyes, and certainly not growing. Mr. Chairman, I favor increased competition and deregulation of telecommunications markets because true competition benefits consumers by providing them with more choices, lower prices and improved service. The spate of recent mergers, including the proposed union of Sprint and MCI/WorldCom that we are discussing today, has led and will continue to lead to fewer choices. I would wager that higher prices and diminished service will follow hard on the heels of that merger. Over the past few years, the biggest news in the telecommunications industry has been the tremendous consolidation of all its facets, from local and long distance phone service, to cable television to the Internet. The latest merger rage has highlighted the willingness of companies that traditionally have operated in one realm to buy their way into other realms, but the only problem with that trend is that it brings consolidation - the enemy of competition. The most obvious example is AT&T. Over the past year and a half, AT&T has committed $112 billion to the acquisition of cable television companies. Last year, AT&T agreed to acquire Tele- Communications, Inc. (TCI) from Time/Warner. TCI was the nation s second-largest cable company. Earlier this year, AT&T reached an agreement to acquire MediaOne, the nation s fourth-largest cable company. Aside from becoming the nation s largest cable company, AT&T also is aligned with the nation s other two largest cable companies. The AT&T/MediaOne deal extends AT&T s reach into cable television and continues AT&T s move to provide consumers with a bundled, full range of telecommunications services. The merger could allow AT&T to provide competition against Baby Bells in local phone markets through cable connections. Not to be outdone, the Baby Bells, have saddled up in a move toward regional monopolies. The 1984 breakup of Ma Bell spawned seven Baby Bells that could offer local phone service only. The 1996 Telecommunications Act allowed the Baby Bells to provide long-distance service should they meet conditions that open their local service to competition. There are now four remaining regional Bell operating companies. They control 98 percent of all local telephone service. I fail to see how a few vast regional monopolies are any better than a single vast national monopoly. So, the statistics presented by a recent American Antitrust Institute report are striking. This study cataloged 4,728 reportable mergers in 1998, compared to 3,087 in 1996, and 1,529 in 1991. The total value of U.S. mergers completed in 1998 was $1.2 trillion in an economy with a gross domestic product of $8.4 trillion. Mergers are the big story in American economic life today, and as the report shows in stark terms, funding for the agencies on which we rely to police those mergers has not nearly kept up. Mr. Chairman, we now have four companies controlling 98 percent of the local telephone market; six companies controlling more than 80 percent of the cable television market; seven firms controlling nearly 75 percent of cable channels and programming; and four companies accounting for nearly a third of the radio industry s annual revenue. The speed of these mergers can make your head spin just to keep up with the name changes. But they have real life consequences for consumers. I look forward to hearing the testimony of the witnesses. And I look forward to their answers to some of my concerns.

LOAD-DATE: November 5, 1999




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