Kevin Taglang

On Tuesday, January 30, the House Commerce Committee’s Subcommittee on Communications and Technology convened a hearing on broadband deployment in the US entitled Closing the Digital Divide: Broadband Infrastructure Solutions. The aim of the hearing was to discuss twenty-five resolutions and bills that address federal permitting, siting, and permissions to access rights-of-way, which some stakeholders identify as barriers to investment and broadband infrastructure deployment. True to recent form in DC, there were contentious moments at the start of the event.

Acting FTC Chairman Maureen K. Ohlhausen -- The FCC’s action today restored the FTC’s ability to protect consumers and competition throughout the Internet ecosystem. The FTC is ready to resume its role as the cop on the broadband beat, where it has vigorously protected the privacy and security of consumer data and challenged broadband providers who failed to live up to their promises to consumers. 

[Commentary] On November 16, 2017, the Federal Communications Commission will vote on an item that will impact the commission's Lifeline program, which provides discounts on telecommunications services for qualifying low-income consumers. On October 26, FCC Chairman Ajit Pai released a draft of the item in advance of the November vote. Here we break down the rules that the FCC plans on changing immediately at the November meeting, the new proposals the FCC is seeking comment on, and the more general evaluation the FCC is launching into the program's "ultimate purposes." [Kevin Taglang]

On May 18, 2017, the Republican commissioners on the Federal Communications Commission voted to reopen the debate over how to best preserve an Open Internet. Launching a proceeding seeking “substantive” public comment, FCC Chairman Ajit Pai proposed undoing the only legal basis for network neutrality rules that has survived court challenge. The unreleased Notice of Proposed Rulemaking (NPRM) proposes to reverse the FCC’s 2015 ruling that the transmission component of broadband Internet access service (BIAS) is a telecommunications service. The NPRM also proposes to 1) return to the FCC’s original classification of mobile broadband Internet access service as a private mobile service; and 2) eliminate the Internet conduct standard created by the 2015 Order. Finally, the NPRM questions the need for the FCC’s so-called “bright-line rules” which prohibit broadband providers from a) blocking access to legal content, applications, services, or non-harmful devices; b) impairing or degrading lawful Internet traffic on the basis of content, applications, services, or non-harmful devices; and c) favoring some lawful Internet traffic over other lawful traffic in exchange for consideration of any kind—in other words, no "fast lanes." FCC Chairman Ajit Pai said the rewrite would undo the current rules’ overreach, and help spur investment in broadband, which he claims has suffered because broadband providers told him so. "The Internet was not broken in 2015," Chairman Pai said, repeating his often-chosen turn of phrase. "The utility-style regulations known as Title II were and are like the proverbial sledgehammer being wielded against the flea. Except that here, there was no flea." Chairman Pai and his Republican colleague, Commissioner Mike O'Rielly, said the new review of net neutrality will include a cost-benefit analysis, which they say wasn't done in 2015.

[Commentary] Stop me if you’ve heard this before. News leaked that the Federal Communications Commission Chairman will propose new network neutrality rules to ensure a free and open Internet. People freaked out. FCC Chairman outlines his plan for net neutrality. People freak out more. FCC Chairman releases full net neutrality proposal. All Hell breaks loose. Although there’s generally been bipartisan agreement that broadband subscribers deserve consumer protection, there’s never been political consensus on how to ensure those protections. For anyone scoring at home, here's how we arrived at where we are this week. And here's what to expect in the weeks ahead.

In 2016, the Federal Communications Commission created a streamlined federal Lifeline Broadband Provider (LBP) designation process working within statutory limitations. The process allowed for broadband-only provision of service and flexibility in service areas to encourage new entrants into the Lifeline marketplace.

A federal designation process encourages more companies to enter the field because it streamlines the application/designation process and reduces administrative costs for Lifeline broadband providers. This was an innovative way to help close the digital divide. Since his designation as chairman of the Federal Communications Commission, the Benton Foundation has noted Ajit Pai’s dichotomous nature: he’s the folksy, down-to-earth populist, but also a Washington insider; he’s for a light regulatory touch and closing the digital divide – just not when it comes to Lifeline. On one hand, Chairman Pai has proposed streamlining local rules for improving broadband infrastructure deployment, but, in today’s announcement, he seems fine with creating more hoops for potential Lifeline broadband providers to jump through. Here’s what today’s announcement means: less competition in the Lifeline marketplace and less choice for Lifeline consumers. The FCC is short two commissioners, so it seems the chairman is trying to occupy two chairs or, at the least, talk out of both sides of his mouth. But if you’re really listening, the message is clear: Ajit Pai is anti-competition and anti-consumer.

The Senate Commerce Committee held a hearing on oversight of the Federal Communications Commission on Wednesday, March 8. A good time was had by all. The committee’s senators highlighted a wide range of issues during the 2+ hour hearing. Here we focus on the First Amendment, broadband deployment, network neutrality, privacy, and the future makeup of the FCC. In an op-ed published in The Hill, former-FCC Commissioner Michael Copps urged new FCC Chairman Ajit Pai to speak out in defense of the First Amendment and freedom of the press. As a FCC Commissioner, Pai said, “In my view, anyone who has the privilege of serving at the FCC—any preacher with a pulpit, if you will—has the duty to speak out whenever Americans’ First Amendment rights are at stake.” With President Donald Trump calling journalists “the enemy of the American people”, Copps and others are looking to the nation’s top communications regulator to declare the government has no place pressuring media organizations. In his opening remarks, Committee Ranking Member Bill Nelson (D-FL) said, “Ultimately, for this senator, the success or failure of the commission rests not on the fulfillment of special interest wish lists, but on how those who are least able to protect themselves have been treated and whether first amendment rights, including those of journalists, are vigorously protected.” During the hearing, Senators Tom Udall (D-NM) and Maggie Hassan (D-NH) pressed Chairman Pai to affirm his support of a free press, but Pai repeatedly refused to directly answer whether he agreed or disagreed with the President. Instead Pai said, “I don’t want to wade into the larger political debates, but I will simply reaffirm the quotes that you offered from last year and the year before.” Sen. Udall pressed Pai saying, “You refuse to answer that, about the media being the enemy of the American people.” Later Sen Hassan also returned to the issue saying, “I’d just like to give you another chance, because it seems to me that if you’re an outspoken defender of the free press, that should be a pretty easy question for you.” “No,” Pai answered. “I believe that every American enjoys the protections of the First Amendment offered by the Constitution.” Sen. Hassan said she wished she had gotten a different response.

[Commentary] In a democracy, the key role for citizens is to participate in public life. Voting, of course, is a key aspect of this participation, but, in a vital democracy, citizens’ participation is not limited to occasional trips to the voting booth: they are well-informed about public issues, watch carefully how their political leaders and representatives use their powers, and express their own opinions and interests. To be well-informed, many citizens must rely on journalists who can attend public events, question public officials, and report back to the general public. So important is this function in our democracy, citizens demanded protections for a free press and mass communication in the Bill of Rights. Since President Donald Trump’s Inauguration on January 20, 2017, many people are anxiously looking for clues as to how the Administration will interact with the press. Trump’s first week in office demonstrates that the relationship will be combative. Will the people be the losers in this fight?