this is the third time the fcc has tried to do it. it is something we should all agree should be done in a way that is targeted and specific. this uncertainty as it continues is an overhang on the industry and innovation. it is also an overhang on other issues the congress would like to address with regard to updating the nation's communication laws. so if we could see the initiative where there is agreement, get congress to pass a narrow will it will allow the nation to move forward, under understanding the open internet has been protected by those, and engage in other public policy debates we think are important. >> i think it is clear that the real struggle and the conflict is over broader authority of the fcc. not the net neutrality rules. we have agreement those rules are good. so it just shows that it is important we have these rules in place why congress and policy policymakers and the fcc look at the challenging topics. this is why you are getting push back from the broadband providers. they are worried about how title ii impa

senator wheeler, $20 million was transferred out of the fcc budget to the fcc's general budget. i'm afraid that could affect something i'm very concerned about, and that's rural funding usf issues. chairman wheeler, what additional, not ongoing, agency activities will this funding shift pay for? >> it's a proposed gift. and the attitude -- the idea is this. the money has to be spent. that kind of money has been spent traditionally on the activities of the wire line bureau, the wireless bureau and others on usf. we fund our auction activity through the revenues from auctions. the question is why should universal service activities be funded by people who are not involved in universal service? why should a broadcaster have to pay fees for programs they're not involved in? why should, you know, some marine licensees, et cetera, et cetera? so all this was was an attempt to say okay how do we make sure that the gazintas and the gazuntas are balancing themselves out? it has to be paid. if the decision is that congress wants to say hey, yes, you ought to make sure broadcasters pay for

and that is why i said in the wake of the verizon versus fcc decision in 2014 that now the fcc now twice having failed in court to have its open internet rule sustained we should turn to congress for guidance. >> is there anything in the law quickly that gives the president kind of -- so let's say chairman thune or ranking member nelson give a big speech on the internet and it's regulated and well thought out. and then the president gives a speech too. is there anything in the law at all that says this agency should give more deference to the president? >> absolutely not. >> absolutely not. >> in terms of consensus, do you try to work consensus as commissioners? there is obviously some pretty differing opinions of this rule. is that the typical approach to try to work on consensus? do you think that is important to try to achieve consensus? a lot of times if you are the chair you want to work on consensus. do you think that's important? >> i totally agree. 90% of our decisions are five 5-0. the difficult decisions often become contentious. we had a series of 4-1 decisions. >> you think t

this is not an fcc power grab.how this gets done where it goes in terms of responsibility. but we have a responsibility to americans to make sure that the information that we as a commission are requiring be transmitted actually can get put to life-saving uses. the congress has the ability to do something about that. my second quick issue, the brootd broadband progress report we released found rural america is falling behind. the disparity between rural and urban america is unacceptable. only 8% of urbanñ&lgñ americans lack high-speed broadband. but 53% of rural americans do. we tackled that -- a part of that with the e-rate modernization and the rural fiber gap for schools. 40% of public schools -- 40% of rural schools are without access to fiber. they now have alternatives under the new rules. the commission recently revised the support mechanism for price cap carriers an additional $1.8 billion from universal service fund to upgrade their activities. in areas that are not participating, began the process that wi

now that the fcc's asked for this review panel in the last 24 hours, that also was an

both the doj and that's fcc.is pretty clear that there is a pretty strong consensus among that group at doj and fcc, there are problems with the deal. the question remains at comcast can do anything to relay those concerns. that is an open question. whatever it would be, it would be painful to comcast. they like the deal on the table and they feel very strongly that it is not only in the public interest that it is competitive or at least not anti-competitive. they are going to stick with their guns, but at the end of the day, the decision has to be made if they are willing to offer concessions. cory: i talked to people working with comcast within the company and they are working very hard on integration plans. they had some expense that goes beyond the bankers and lawyers. i want to go back to something you said about facts getting in the way. the prior deals that comcast has done, yes, they have gone through but has the behavior of comcast in those deals injured their likelihood of getting this deal through? >>

alix: is this really a doj story or fcc story? the news today was about the fcc wanting a deal. cory: both problems have been raised. i think this is also a shocker for anyone who thinks anything that happens in washington is predetermined by how much money is and by the lobbyists. comcast is spent only second to grumman. the revolving door as well. people leaving government and the sec going to comcast lobbyists. that revolving door as well did not seem to work in favor of comcast. again, i think the rules may have changed and it could have a lot of implications for deals that may have looked like a clear path in the past. >> from our reporting, the sec was not all that pleased with how comcast dealt with the conditions when they bought comcast universal. that may have been a big factor why they did not want to accept the deal with time warner cable. we reported about hulu where comcast may have interfered with the potential sale of hulu and were supposed to be passive investors. there may have been other things. potentially we will find out more. we definitely have heard from

. >> challenging the new fcc internet rules, five organizations of filed lawsuits against the fcc., we will speak with the president and ceo of one of those organizations u.s. telecoms walter mccormick and a supporter of the rules christopher lewis, vice president for government affairs at public knowledge. >> what we are challenging is the reclassification of internet access from being an information service to a telecommunication service regulated as a common carrier pursuant to 19th-century railroad regulations. common carriage is a vestige of the english common law was originally applied to railroads and to trucking companies and then to airlines but it has been repealed for all of those industries going on from 30 years ago because it imposed new cost on consumers and delay deployment and slowed innovation and really chilled investment. >> we both agree that net neutrality protections are important. that's an important thing to start with. but we do disagree with a lawsuit. we have been supportive of the rules that the fcc and acted -- and acted -- enacted and now have become

the fcc said no competition. they passed the rules that said a cable company doesn't have to put down a separate pole, use the telephone pole and use a fee to do so. we don't want the whole street filled up with just poles. it was reasonable. it added to the competentition. at&t didn't want to be broken up. we had black rotary phones. you wnlt stay there forever. you have to move on. it's all about competition. it's all about innovation. when you did the light touch on wireless, 1939 the fcc using title two, it was intended on unleashing hundreds and hundreds of billions of dollars of new investment. it worked. the fcc made the right decision. the agency of expertise. when we created the third fourth, fifth sixth, seventh cell phone license, the reason we had to do it is the first two companies this monopolies charging 50 cents a minute. the phone was a size of a brick and nobody had one. people have two devices in their pockets. the fcc made the right decision to advance competition. that's what this is all abou

why did the fcc come to this conclusion and what does it mean in the possible deal? >> reporter: well, it means it's going to be a lot more corp. complicated than we originally thought. it is a procedural speed hump which will slow down progress to this $45 billion deal actually happening, and ultimately there is always the risk that the deal may not happen at all if the fcc finds sufficient objections to it going ahead. the point here is fcc staff have decided that there are good enough reasons to believe consumers might be injured financially as a result of this deal, and in competition terms, that they have flagged this up and said we want to have a hearing. keep your eye on this. we might see a little bit of fallout in the way the shares trade taefld. the market had not expected this so the fcc throwing out just a little bit of a road barrier for this business. while we're on the subject of roads work let's me move onto toyota. in the driving seat in terms of driving sales. the company delivering. gm coming in at 2.4. they're on their tail but toyota continues to

because they get on appoint the majority members of the fcc.is still hope. there's a lot of hope out there. but you have to complain you've got to get mad because it's your bills that are going up and your internet that's going to become more complicated. write to your congress people. you've got to stop this from happening. tom: the arguments have not been left right it's interesting how some people are all for it and people are against it. >> the people who are for it are changing. liberals in silicon valley were initially for, it now looking at the monster it could become in terms of the fcc regulating everything in the internet. now pulling back a little bit. tom: we tried to tell them. >> we have to continue to tell them. tom: david asman thank you very much. don't forget to watch david on "after the bell" weekdays at 4:00 p.m. right here on fox business. >>> oil is down and isis options are running out. why that means we could see more o my lenses have a sunset mode. and a partly sunny mode. and an outside to inside mode. transitions® len

olivia: on wednesday fcc officials told both companies they were opposed. saying the deal did not help consumers. they planned to call a hearing which would drag out the classes -- the process. reviewing the drone strike in pakistan that killed two hostages. president obama issued a rare public policy. the president calls for drone strikes to be authorized only when it can be concluded to near certainty that there will not be civilian casualties. brendan: the nasdaq picking up where it left off. technology stocks brought the nasdaq to a record high yesterday, beating the mark set in march 2000 before the bust. amazon and google are higher in premarket trading. tickets went on sale to the public for next week's big fight between floyd mayweather and mary pacquiao. they sold out in a minute. you will have to go to the secondary market. average price is about $11,000. slightly more than the average price of super bowl tickets this year. the bout will be held at the mgm grand casino. tom: i know there is a big thing at madison square garden. is boxing back. oli

the fcc does not need to sue in court. they can simply refer this case to administrative hearings which is exactly what they plan to do. which is what we learned last night. if this happens, they can more or less effectively kill the deal. they cannot remember any example of any company fighting in administrative hearings because they take so long. they would take another year or two and that would make it not worth it for comcast to pursue this any more. getting back to your earlier point, the irony about this is that i am not sure that there is a fantastic argument for the doj to make to sue to block the case because it is not obvious to me that simply comcast taking over for time warner cable would do all that much to consumers. olivia: you are saying a hearing as certain death or not? alex: the hearing as certain death -- or 99%. tom: very cool. alex: that is the news this morning. tom: the soap opera continues for comcast and time warner cable. how about too much information? that is one way to describe this earnings

i don't worry about the fcc the fcc can't control what it doesn't understand. the internet will be revolutionized well outside the fcc confines. david: larry, can not the fcc put up roadblocks to any kind of innovation? >> yeah, absolutely they can. they can slow this down. i don't think tv will go the way of water tower builder or lighthouse keeper but it is going away in a fashion that the new generation is boxless. they don't care as much about big tv and care about streaming. i think fcc with all its quagmire will keep us in the mud and slow progress down. david: i do agree, 100%, john, in terms of thinking outside the box. microprocessor chip, all the geniuses, wasn't one of geniuses inside, one of the scientists. it was relative of one of the scientists that came up with idea of a microprocessor chip. usually great innovations but sometimes thought of by people outside of the box. gang, hang in there. coming up, could 21-year-old win masters winner jordan speith be the hole-in-one golf needed and could i be the next tiger woods? liz? liz: that all importa

behave of the forfeiture request most noblely supervisor farrell has done absolutely nothing wrong the fcc xhublthd a two year discussion where everyone involved with this looked at hundreds of thousands of e-mails and they completely exaggerated supervisor farrell in demi had not teen any action that warranted any type of fine yet we are here basically 5 years later two elections later with a letter demanding he pay $191,000 perp there's absolutely no factual or local basis for such an equitable request again most notably because he didn't violate the law at all also on a procedural ground the establishment bars the commission if the commission wants to ask the committee to forfeit money back to the city the law says it do very clearly your policy says to do that within four years that's by october 2014 now they've been talk oh, there's fraudulent concealment and talked about left lane well nights the stipulation is - the commission was put on notice or received a complaint in 2010 alleged from the realizing attorney ladies and gentlemen, there might be corporation between supervisor farr

as for why in terms of the fcc, it was such a concern. well, the fcc had made it colleagues according to my sources that in fact it was willing to go to a hearing to what they call a hearing examiner and that hearing examiner would then rule on whether or not the deal should occur, but that hearing would not take place for quite some time, and while that was being weighted for conceivably as long as a year you also had the possibly still of more in investitures so it was decided to step away from the deal, a deal announce 14d months ago. it would face significant scrutiny but would not be ultimately resisted particularly by the doj given there was no lap in competition between warner and comcast. expectations were while the fcc might ask for companies it would not oppose deal. it does appear the size of the market share in broadband as defind as 25 megabits coming down the pike which comcast/time warner would account for 57% of all households with broadband in the country was a clear problem for the fcc and one that it did not appear it w

challenging the new fcc internet rules, five organizations have filed lawsuits against the fcc. we will speak with the president and ceo of one of those organizations, walter mccormick, and a supporter of the rules christopher lewis, vice president of public affairs at public knowledge. >> we are challenging the classification from an intermittent -- from an information service to a telecommunication service pursuant to 19th-century railroad regulation. common law was originally applied to railroads covert truck is -- railroads, trucking companies, and airlines. it delays deployment, slowed innovation, and it really chilled investment. crist for lewis: we both agree that net neutrality protections are important. we do did -- we do disagree on the rules that the fcc enacted and have now become force of law. we think that after a decade of working towards a way to have these economies this is the strongest federal protection we have seen. >> monday night on the communicators on c-span's here. >> each week american history tv visits museums and is for places. you are looking at pet

staffers at the fcc oppose the plan.the doj were already taking a dim view of the takeover. regulators say merging the nation's two biggest operators would hurt consumers. the justice department have to stop the deal in court. one analyst calls this in the 99% category. georgia banks ordered $2.5 billion to settle investigations on both sides of the atlantic. u.s. and british regulators have traded. allegations are part of a wider investigation of live -- the finest the biggest yet. i doesn't come in is a party paid more than $6 billion to settle the claims. rizzo's corruption scandal is costing more than $2 billion. the decade-long scandal rocked the country's politics and cost the ceo her job. it was a mess. add another to the growing list of candidates. she announced her campaign online on may 4. our bid will not be the only one launching that week. mike huckabee is also planning to join the race. i want to count you down to the open with the top tech headlines. olivia sterns and matt miller join me. let us start with

both the justice department and fcc raised concerns about the deal., the justice department said the merger would have limited competition and as "real money"'s ali explains the federal communications commission was concerned that the merger would not have benefitted the public. >> this deal was facing scrutiny from the fcc and combined time warner cable and comcast would dominate broadband and paid t.v. with 30 million subscribers and spent it as the country's largest cable company by a very long shot and fcc staffers have to review these deals, they are not convinced that the merger is in the public interest and so they recommended that the case be heard by an administrative judge, that it go to a hearing, a hearing is a big roadblock to a merger and signalled to many people that the government could likely would block the deal. >> british scientists say they discovered a route cause of asthma and at the university and kings college in london identified the cells that actually cause airways to narrow and thus blocking the patient breathing and a dru

the opposition from the fcc is stronger. officials at the agency are expected to recommend at an administrative meeting. the outlook at this point is bleak according to one. >> this is a death sentence. i would be shocked that comcast is not walk away and start looking at other things. that will be the real question is what does brian roberts now turn his attention to two by -- to buy. stephanie: the british trader who caused the flash crash is now in prison. he was in court on london and said he would fight extradition to the u.s. extradition to the u.s. is a most inevitable according to some unless he has serious health problems. he will be freed later today once he posts more than $7 billion in bail. he also must agree to stay at his parents home and not use the internet. a court in spain has refused a u.s. request to expedite a former jp morgan banker accused of helping the notorious london wellhale hide more than $6 billion in losses. he told judges he is innocent. the strong dollar is hurting revenue growths of faceboo

among them, an fcc rule written in 1936 that phone companies requires carriers to connect every call.d the rule that clearly consumers have the right to block unwanted phone calls from coming to their house. >> reporter: the fcc is now reviewing the rule and is supposed to issue a clarification. meanwhile, marvin and others say there's no time to waste. [ ring ] >> this is stacy at account holders services. >> reporter: telephone scammers cost americans an estimated $350 million in 2011 an expensive and frustrating problem that many say is just getting worse. so far 278,000 people have signed the consumers union petition and attorneys general in 38 states are also asking the fcc to clarify the regulations. remember, if you have a consumer question or a problem, give us a call at 888-5-helps-u. >> don't they get around it by, you know, calling from offshore sometimes? they are not really in the u.s. at the time? >> reporter: definitely that's one way they get around some of the apps that -- what they're saying is the telephone companies have the technology to block even those calls. it

announcer: challenging the new fcc internet rules, five organizations have filed lawsuits. monday night on the communicators we will stick with the president and ceo of one of those organizations. u.s. telecom walter mccormick. supporter, christopher lewis. >> we are challenging the reclassification of internet access being an information service to a telecommunication service, regulated as a common carrier pursuant to 19th-century reregulation. common carriage is a vestige of the english common law originally applied to railroads and the two trucking companies and the to a lines, but it has been repealed for all of those industries going on over 30 years ago. it proved to impose new costs on consumers, delayed employment, slowed innovation, and chilled investment. >> we agreed that net neutrality protections are important, and that's an important thing to start with but we do disagree with the lawsuit. we have been very supportive of the rules that the fcc enacted and of now have become force of law. we think that after a decade of working towards a way to have net neutral

fcc. monday night on the communicators, we will speak with the president and ceo of one of those organizations. walter sukkot -- mccormick. and christopher lewis >>. >> we are we challenging the classification of internet access. we are turning it into a common carrier service pursuant to 19th-century railroad delayed. common carriage is a vestige of the english common law which applied to railroads, then trucking companies, and then to airlines, but it has been revealed for all of those industries going on over 30 years ago. it proved to impose a cost on consumers, delayed deployment, slowed innovation, and chilled investment. >> we both agree that the neutrality protections are important. that's an important thing to start with. we do disagree with the lawsuit. we have been very supportive of the rules that the fcc enacted. they have now become a force of law. we think that after a decade of working towards a way to have net neutrality rules that can hold up into court, this is the stron

alix: is the fcc the real sticking point? guest: it appears the doj is leading the charge, but they are both protests. the doj is a rule of law test and they may simply decide the vertical antitrust issues here cannot be remedied. it's a much more subjective public interest test and that opens the door to all kinds of general and specific terms. they got to fight this battle on two fronts and it's exactly right -- you rarely get these kinds of telecom mergers contested in court because if the doj or fcc decides not to move forward with the transaction, you have to fight both of those battles. you ultimately have to declare war on your own regulator and there will still be a regulator after you win a case. often, the companies will decide it's not worth the price of fighting. alix: if you are a comcast lawyer, what would you tell them now? guest: the issue they have is they are a content provider. they are a broadband provider and they have a big stake in hulu. they are in a lot of different roles and they will have to deal wi

the solution is, provide the fcc with the authority.sily by the congress and we have seen a real bipartisan approach to doing this. in the senate, chairman john finn and bill nelson have talked about the importance of providing the fcc clear authority to be able to guarantee an open internet. so i am hopeful. julian: would you support a legislature approach? christopher lewis: the optimism is the consensus that we keep referencing. that is why we see a ranking member nelson and other leaders sitting down and talking. that is why we see them calling us in to give our views on how we can move forward on congressional legislation. the reality that sets and is that, while there is consensus on it meant each audi, the unintended consequences of the legislation have to be dealt with. the impact on other values around broadband beyond at night -- beyond that neutrality have to be dealt with or -- in either you have to answer those questions legislatively or you don't want to hurt those questions in the future. those questions like, do you pres

deal, first proposed last february, faced regulatory scrutiny from the department of justice and the fcc. sources told bloomberg that staff attorneys are nearing a recommendation to block the merger. what does the news mean for technology companies that depend on these internet service providers to reach their customers? our bloomberg west editor at law joins us. -- editor at large joins us. susan crawford, thank you for joining us. what does this mean for innovation? susan: in order for anyone to reach a customer, to start a new business in the united states, you need to have internet access. through this merger, comcast would control north of 50% of high internet capacity in the united states. the justice department has concerns about the antitrust elements of the merger. comcast would be in the position to control, constrain, squeeze do all kinds of things to online businesses with that amount of power. cory: this is really a look at specifically the competitive issues here but not the issues around customer service. we know comcast ranks dead last in customer service. yesterday there

for one million, 635,000 and $600 for the california board of state and community corrections, the b fcc, they are the state agency administering fund of justice of justice cyst affects. we've been awarded the firt year of funding for a 3-year strategy which is subject to non-competitive renew if the city notes improvement standards. it was made in february and san francisco was awarded a maximum award for the city the size of ours for these proposed new programs. we're very excited that the fcc has seen that our programs are equivalent to their areas in the law enforcement and prosecution defense. this funding will support the sheriff's department, the juvenile department, the police department, we will also be working closely with the school district and community health and community based organizations. we know the board has the full detail but i have the planning and programming manager with me and she's going to take a few minutes to highlight the key elements of our program. so we'll keep the presentation short but we're happy to answer any questions in detail. thank you. >> thank

harold: it is a bad day for the american consumer and not the antitrust authorities or the fcc .t we have is a deal that has been pending 14 months. we have had a series of leaks from the agencies about where they are going. no official word. they are highly confidential. it makes the american government to look bad. antitrust regulators watch what we do. it is open season on targeting american companies, whether in china or europe or the united states as well. cory: matt what do you think about this decision? matt: we are glad. i think you are talking about us being out early. the last time i was here was when it was announced. i can't disagree more. this is not targeting companies. this is saving consumers and saving every company that relies on broadband and communications because we saw no discernible benefits from this deal and we are glad regulators took it seriously and did not let money by the deal and walked in on all of the harms the deal would cause to competitions. cory: as it relates to this deal, i was giving a talk in oakland about half an hour ago and i said somet

laws, organizations have filed lawsuits against the fcc. tonight on "the communicators" we will talk to one of the leaders of those organizations walter mccormick of telecom, and christopher lewis of public knowledge. >> what we are challenging is the reclassification of internet service to a telecommunication service regulated as a common carrier, pursuant of railroad regulations. it was originally applied to railroads, then trucking companies, and airlines. it has been repealed from all of those industries going on 30 years ago. it imposes new cost on consumers, delayed employment, and chilled investment. >> people agree that no neutrality regulations are important. we do disagree with a lawsuit. we have been supportive of the rules the sec and acted -- fcc andenacted. we think after a decade of having net neutrality roles that could hold up in court, this is the strongest set of net neutrality protections that we have seen in the three different attempts at the agency to ensure that the internet remains open. >> tonight at 8:00 eastern o

first of all, that's what he did. >> that's not what we did i'll stop you on november 20th, 2014, the fcc approved that stipulation that's an agreement between its staff and common sense voters that was that committee that we're talking about that chris lee used to channel money and support to supervisor farrell during the election so that was that was one of the parties to the stipulation in addition to the common sense voters the stipulation was also entered into by the vote for mark farrell for supervisors committee. >> i'm going to purport you. >> and let me finish chris lee in effect 3 stipulation that was entered with the f t what direction or c was a total admission of chris lee doing those things and endorsed by the supervisor farrell committee we've got a admission and saying supervisor farrell and have any personal knowledge of there's no question those things happened and the stipulation entered into so no harm no foul. >> commissioner your confused as i was this he stipulation was not entered into vote for mark farrell district 2 is part of the name of the committee the full n

rapidly evolving field and provides interesting opportunities and the framework a statement from the fcc broadband is a platform for opportunity and innovation in healthcare and job training commercial from commercial transactions and we've just listed a number of very common now applications job applications is one of them and certainly student homework and communications between schools and students and their families and government services and engagement and health information and communications with healthcare providers and it's not just getting information online these days it's also access to videos and multimedia content all requiring higher speed and more capacity and finally broadband in america has improved considerable ly in the last decade but. with that we'll look at the profile of the digital divide in san francisco as of 2013. it found 88 percent of the respondents reported an internet connection at home but 6 percent of those were using slower speed dial up so it doesn't really qualify as broadband and pretty limited in terms of using full internet capacity and then the

. >> the public interest part of this as it relates to the fcc as opposed to doj seemed to loom larger. the idea of a hearing. there it was all about the market power in broadband, which has only grown significantly in the last 14 months as its importance to consumers. >> right. this has become a big issue politically. from an economics perspective, it's not nearly so clear cut. public policy has not traditionally focused on the relationship of a supplier to a purchaser, which you have here. comcast could use its greater power to get better prices from say a netflix or charge netflix. it then has the ability to pass at least some of those savings on to consumers. economists would say that's good for consumers. why do we care how much money netflix is making as long as they are in position to still produce content? >> i wonder when the stories are told it's not about net neutrality and the strict definitions the fcc is adopting and perhaps a threat to comcast unless it said okay to that and basically said it wouldn't appeal through the courts they wouldn't approve the deal. i wonder if

that the fcc uses. they made that request earlier and now they have not reacted. >>> now to the story for a final good-bye for a local man, stan hochman. he covered sports for "the daily news" for more than a half a century. he was inducted into the sports hall of fame in 1988 and he was a regular guest on sports update. >> i think because we have a knowledgeable fan base is because they have 55 years ever reading stan hochman. >>> water is flowing again to about 100 customers montgomery county who were without service for hours. aqua america says a 10 inch main broke. crews replaced that main and service was back on a few hours later. >>> a prince daredevil is being called a real life daredevil. he kraldcrawled this building around dubai. he does this without any safety equipment. he climbed the 75 foot tower in dubai. staying true to form, he did it without a harness. ♪ ♪ >> good music, good weather, really good food. it all added up to a great day in manayunk. this was the manayunk street food festiv

people opposed to that like content producers such as espn, fox a lot of companies waiting with the fccing this could be dangerous, we would have one company controlling 57% of the broadband deliveries. tom: the chairman of comcast is with the president, just saying. adam: how much did comcast donate to the obama administration reelection campaign? what happens to al sharpton if the deal doesn't go through? there were some allegations that he got the show at ennis nbc as part of a deal with comcast to push all of this. tom: it will be interesting to see if it is dead or if it comes up with another life. thank you very much. the postal worker who led his gyrocopter on capitol hill congressman jason chase its says he should have been blown out of the air. what does judge andrew napolitano think of that? >> this is not good, people. nicole: i am nicole petallides with your fox business brief, we have mixed market, dow jones industrial average down slightly 10 points of the lows of the day and diaz and p 500 squeezing out a gain of one point and it take and the nasdaq up two points at the m

fcc was always much more of an issue.rket power as defined on broadband as it is now newly defined. but i think there is surprise. no doubt about that. the questions now are what does time warner do and of course what does our parent company comcast do. this morning i was able to share with people in my reporting charter is still very much interested in acquiring time warner cable. but the key question is what does time warner plan on doing. how hobbled is it as a result of the long dispute that's gone on. the company's asset performance has not been that bad at least judging from their last quarter. we'll have to see what they choose to do with their plan b. not to mention our parent company, comcast, and what its plans are after that. >> looking at shares of charter down about 1%. on this news of course comcast trading up about 2%. the market reaction indicates i guess that taking on time warner for either one of these companies would be a financial challenge. >> that's what surprised me frankly, kelly. comcast is makin

the reported comcast withdraw comes in stiffening opposition by fcc regulators.t officials met with the fcc earlier this week trying to salvage the merger. several media outlets including "the new york times" and "wall street journal" say an official announcement is expected this morning. >>> the nasdaq opens trading at an all-time high. the tech heavy index gained 20 points yesterday closing at 5,056. beating the record set in the march of 2000 at the height of the dotcom bubble. both the dow and s&p closed higher as well. dow rose 20 points and s&p gained four points just below its own record set last month. >>> for the second time this week an ice cream company is recalling all of its products after listeria was found in a sample. jeni's ice cream says it was distributed in u.s. retail outlets and online. listeria was found in a sample of jeni's ice cream taken at a whole foods in nebraska. on monday blue bell creameries recalled its ice cream. so far there's no evidence the cases are connected. >>> today is the global launch of the apple watch but it will onl

and the fcc minimum standards are minimum just that which are frequently inadequate to keep up with and we need bigger pipe and we can't be thinking in today's terms and another like chat anooga utah has a ten-city fiber network and costs there are $65 for one gig a bit for residential we can do that and beat that. >> what city? >> in utah ten cities connected together been around for almost a decade called the utopia net. with that i just want to say there was a report in forbes magazine that china has increased by over 6000 gig abytes and that's going into terra byte range and we have to think in forward terms not today's terms i'll end here thank you very much. >> i'm going to call a couple of names. alex from monkey brains and bob was here earlier and kevin from the campaign -- that's the next item. charles barb, scott adams from comcast and eric brooks. >> next speaker? >> good afternoon supervisors and is committee members i'm the cofounder of monkey brains.net and operating in san francisco since 1998 and broadband access since 2008 my company uses a technology that expands fiber

it called for the company's board to set policy on selling assault-style weapons. >> the fcc refused to include it on the grounds that if approved it could interfere with the walmart day-to-day operations. >>> results from csx, the railroad reports an increase of $0.45 a share, a penny better than estimates. and revenues were higher than a year ago. they said freight volumes grew and were able to charge higher rates and that pushed shares higher. and the company announcing a $2 billion share bu and a dividend mark to 18 sents a share. morgan brennan shows us with the report. pretty good report this time around. >> pretty good report. but the strong dollar and low energy prices specifically cheal gas did cut into the volume marley for coal which is one of the biggest businesses for railroad particularly easter railroads like csx and that is a head wind. but the good news is despite that we did see overall volume increase and see other types of goods moving across the rail network and the stronger prices and that is why the earning beat for csx. and they are the first to report for q d

consumer groups and phone companies want the fcc to look into whether more can be done to block them. so phone companies have argued that automatic blocking might be against the law but consumer groups say that isn't true they say phone companies are dragging their feet. either way thanks to the internet some companies have been blast particular thousands of robo calls at a time so it may be feeling like you get a few more recently. hopefully something can be done. >> indeed. >> jill, we are weeks from the summer driving season and i understand you have good news for some drivers, um. >> reporter: the the energy department is predict ago this gas prices will be about 32 percent lower then last summer. so that would put the national average at $2.45. which is the lowest price in six years. we will take it. >> yes, we will. >> no kidding. >> thanks, jill. >>> coming up, traffic and a weather together and we will do >>> let's get traffic and weather together, vittoria, good morning. >> good morning. it is still a very quiet ride. notice schuylkill expressway behind me is still sleeping.