STATEMENT OF COMMISSIONER BRENDAN CARR Re: Applications of Level 3 Communications, Inc. and CenturyLink, Inc. For Consent to Transfer Control of Licenses and Authorizations, WC Docket 16-403. The record shows that approving this transaction between CenturyLink and Level 3 Communications will promote the public interest and benefit consumers, including by allowing the merged firm to operate as a more effective and stronger competitor against larger providers. I therefore support the Commission’s decision to approve this transaction. I am also glad that the standard of review and public interest framework in today’s decision make it clear that this Commission will be adhering to the Communications Act and longstanding FCC precedent as it reviews proposed transactions. In particular, the Order emphasizes that the agency will only impose merger conditions that are narrowly tailored to remedy transaction-specific harms. We will not be using them as a vehicle to extract extraneous concessions from parties. I am pleased to see the Commission adhering to this approach. Finally, I find curious the claim that the Commission is adopting a new merger review standard without following notice and comment procedures. To start, this is an adjudication, not a rulemaking, so the cited notice and comment procedures do not apply. What is more, in describing the public interest standard in this Order, the Commission is simply recognizing and adhering to both the statute and the agency’s past adjudicatory decisions. This is evidenced by the dozens of citations to Commission precedent in the Order. Thus, the Order satisfies all procedural requirements imposed by the APA.