Nilay Patel

The Federal Communications Commission is currently short a commissioner, and the Biden administration and Senate Democrats just can’t seem to get that seat filled despite having nominated an amazingly qualified person. Her name is Gigi Sohn. The inability to get Sohn confirmed at the FCC has left the commission deadlocked with two Democrats and two Republicans. That means the commission in charge of regulating all telecommunications in the United States, including how you get your internet service, is unable to get much done.

Starlink, a new satellite internet service from SpaceX, is a spectacular technical achievement that might one day ______. But right now it is also very much a beta product that is unreliable, inconsistent, and foiled by even the merest suggestion of trees. The Verge has not written a story about broadband access or telecom policy in recent memory without a chorus of commenters responding that Starlink would fix it in some way. Access gap?

A Q&A with Sen Amy Klobuchar (D-MN) about her new Antitrust book.

Q: You’ve talked a lot about big tech; when we talk about big tech, we almost always talk about the consumer companies at the edge. It feels like the internet providers, which are monopolies for most people, are not receiving this level of scrutiny. You used to be a telecom lawyer, you worked for MCI. Do you think that scrutiny is coming for the Comcasts and the AT&Ts and Spectrum Cables of the world as well?

Sen Ron Wyden (D-OR) says President Donald Trump’s recent handling of Federal Communications Commission nominations is a “disaster.” The Trump administration withdrew the nomination of FCC Commissioner Michael O’Rielly, shortly after O’Rielly criticized an executive order demanding that the agency unilaterally revise Section 230 of the Communications Decency Act. Sen Wyden, one of the coauthors of Section 230, said the move called the agency’s independence into question.

HBO Max, AT&T’s big bet on the future of streaming, will be excused from AT&T’s mobile data caps, while competing services like Netflix and Disney Plus will use up your data. Tony Goncalves, the AT&T executive in charge of HBO Max, when asked whether HBO Max would hit the cap said his team “had the conversation” but didn’t have the answer.

In a new filing, a group of seven economists and antitrust experts say a court should reject the Department of Justice’s proposed solution for the T-Mobile/Sprint transaction, calling it “doom[ed] ... to failure” and “a remedy that does not meet the standard of restoring the competition currently provided by Sprint.” For at least the next seven years, anyone buying service from Dish will just be getting rebranded T-Mobile service, and that’s not actual competition.

What really and truly stands out about the Court of Appeals for the DC Circuit’s decision in the net neutrality case: net neutrality at the federal level has turned into a legal quagmire with almost no relationship to the real issues regular people face in the market for internet access. The heart of the net neutrality policy debate is incredibly simple and easy for almost anyone to understand: do you think internet providers should have the power to block, throttle, or otherwise interfere with internet traffic outside of normal network management?

We’re two and a half years into Donald Trump’s presidency, and one thing is clear: his administration keeps getting absolutely railroaded in tech policy fights. Almost every time he has picked a fight, his efforts have resulted in weak enforcement changes, whipsaw policy confusion among free-market conservatives, and / or outright losses.

Tim Wu thinks it’s time to break up Facebook. Wu has a new book coming out in November 2018 called The Curse of Bigness: Antitrust in the New Gilded Age. Breaking up Facebook (and other huge tech companies like Google and Amazon) could be simple under the current law, suggests Wu. But it could also lead to a major rethinking of how antitrust law should work in a world where the giant platform companies give their products away for free, and the ability for the government to restrict corporate power seems to be diminishing by the day.

To spare you the pain of reading the 170-page opinion [of AT&T/Time Waner] yourself, I went through and pulled out some highlights.  You will note again and again that Judge Leon goes into incredible detail about the businesses of the past, like how the deal might affect cable TV negotiations, while naively glossing over the details of how media works in the present and future. (Buying Time Warner will allow AT&T to… put together clips of CNN to show on phones? Very innovative.) You will also note that the government put on what seems like a very, very weak case.