Highlighting difficulties experienced by a particular online video distributor (OVD) in gaining access to Comcast-controlled programming, Senator Al Franken (D-MN) urged the FCC and the Justice Department (DOJ) on Monday to investigate Comcast’s compliance with conditions that were attached by the FCC and the DOJ to the cable firm’s merger with NBC Universal (NBCU). In exchange for receiving FCC approval of its acquisition of NBCU last year, the agency required Comcast, among other things, to make “comparable” programming available to an OVD at terms that compare to those offered by Comcast to its peers. In a letter to the FCC and the DOJ, Franken cited a complaint filed with the FCC last fall by Concord, Inc., which cited its problems in gaining access to Comcast-NBCU programming in urging the FCC to enforce OVD access conditions attached to the Comcast-NBCU merger. Franken also took issue with Comcast’s recent request to the FCC to clarify that the OVD program access condition requires OVDs to disclose their peer programming deals, as he termed Comcast’s move as “yet another tactic to delay Comcast’s compliance with the terms of the merger order.” Warning that Comcast’s dispute with Concord “has far reaching implications for the entire OVD market,” Franken urged the FCC and the DOJ to “act quickly” or OVDs will be dissuaded “from seeking Comcast’s programming under the terms of the [merger] order.” With respect to Verizon’s proposed $3.9 billion acquisition of wireless spectrum from the SpectrumCo venture in which Comcast is a member, Franken further advised the FCC and the DOJ to take into account “Comcast’s questionable compliance record” in assessing the potential competition implications of that transaction.