Harold Feld

As our daily lives increasingly depend on wireless services for everything from telemedicine to distance learning, the demand for a new wireless spectrum for 5G and next-generation Wi-Fi has exploded. The spectrum to meet that demand must come from somewhere.

Public Knowledge filed a Petition for Declaratory Ruling urging the Federal Communications Commission to declare Voice over Internet Protocol as a Title II “common carrier” telecommunications service. Communications Workers of America, Center for Rural Strategies, National Association of State Utility Consumer Advocates, Next Century Cities, The Public Utility Law Project of New York, and The Utility Reform Network joined the filing.

In October 2021, the Federal Communications Commission officially

The Federal Aviation Authority (FAA)'s new “Special Airworthiness Information Bulletin” on “Risk of Potential Adverse Effects on Radio Altimeters” stated airplane communications and safety features could be affected by the Federal Communications Commission's roll-out of 5G, scheduled for December 2021 but now delayed until January 2022.

President Biden has finally made his critical telecommunications appointments to fill out the Federal Communications Commission and the National Telecommunications Information Administration (NTIA). As expected, Biden named Acting Chair Jessica Rosenworcel to serve as full chair and renominated her to fill her expired term. As hoped, he also nominated my former boss and all-around Telecom Boss Gigi Sohn [Senior Fellow and Public Advocate at the Benton Institute for Broadband & Society] to be the third FCC Commissioner.

Public Interest Spectrum Coalition (including Public Knowledge, New America, the Benton Institute for Broadband & Society, Access Humboldt, Center for Rural Strategies, Tribal Digital Village, the Institute for Local Self Reliance, and the Schools, Health, Libraries & Broadband Coalition) filed comments with the Federal Communications Commission in response to the FCC’s Notice of Proposed Rulemaking on regulatory fees for 2021. The filing outlines why the Commission should reject its flawed and confusing proposal to require unlicensed spectrum users to pay regulatory fees.

Frances Haugen, the (hopefully first of many) Facebook whistleblower, made one thing abundantly clear in both her 60 Minutes interview and her Senate Hearing: The United States needs a specialized agency to oversee digital platforms. Antitrust enforcement alone is not enough.

The Ohio Attorney General asked an Ohio state court to declare Google a common carrier and/or public utility under the laws of Ohio and Ohio common law. The complaint is novel -- and not obviously stupid. But it has some real obstacles to overcome.  As Feld has written at length before, the history of common carrier regulation goes back 500 years in the common law.

Internet service providers (ISPs) and their defenders are repeatedly claiming that the US did better than other network neutrality countries (specifically, the EU27) when it came to handling the crush of Covid-19 induced traffic. Unsurprisingly, they credit the lack of regulation for this amazing response. Once again, this claim does not hold up to real scrutiny. As with the investment nonsense, this is a highly complicated area and therefore subject to a lot of spin and heated arguments over what the data actually show and how to explain it.

It’s a cliche villain scene: “Don’t force me to kill the hostages. Unless you do as I say, their blood is on your hands.” While no one would mistake policy fights for a hostage situation (usually), the same principle applies frequently when challenging industry to stop anticompetitive and anti-consumer practices.