The American Cable Association said it agrees with New Charter that the combined Charter-Time Warner Cable deal is in the public interest, so long as the FCC cans the broadband buildout condition.

The ACA had sought FCC reconsideration of the merger based on its imposition of the condition, which requires Charter to provide high-speed broadband -- of at least 60 Mbps -- to at least a million locations already served by at least 25 Mbps, an expansion of service that would come at the expense of smaller operators, the ACA said.

Read more about the Charter-TWC merger.

Charter had said that if the FCC gets rid of that condition, it should still find the rest of the merger in the public interest.

The ACA said it agrees and is only challenging the overbuild condition.

"The Commission has already found that the transfers are in the public interest, even when combined with an unlawful overbuild condition that exacerbates putative merger harms and injures consumers," the ACA said in reply comments filed with the FCC. "If that is correct, it necessarily follows that the transfers will also be in the public interest when that unlawful, inefficient and welfare-damaging overbuild condition is removed. The Commission should grant ACA’s petition for reconsideration and strike the overbuild condition."

Zoom Telephonics also has petitioned the FCC to reconsider the deal, seeking a rejection.