Tom Wheeler

In this final installment of the "Build Back Better with Biden FCC", we look at the broad sweep of other—yet no less important—issues which the Federal Communications Commission must deal with as the deciding actor including:

As a Commissioner during the Trump administration, Federal Communications Commission Acting Chairwoman Jessica Rosenworcel called out the disarray resulting from the lack of a national spectrum policy. “We are heading into our wireless future with something less than a fully coordinated effort,” she warned. The Biden administration has not repeated the failure to prepare with transition planning.

The ongoing challenge of regulatory oversight in an era of rapid technological change is to maintain the flexibility to deal with unanticipated developments. What is essential for the future of meaningful net neutrality, therefore, is the agility to adjust to new technology and new marketplace behaviors.

The digital divide and internet equity is more about consumer adoption than it is about network deployment. This paper addresses the adoption problem, how it has been exacerbated by the Trump Federal Communications Commission, and how the Biden FCC will be called upon to think anew and reprioritize in order to connect more Americans. Trump FCC systematically and stealthily worked to weaken the Lifeline program. The Biden FCC’s Build Back Better opportunity for broadband access for low-income Americans has multiple opportunities to reverse that neglect.

The actions of Facebook and Twitter to ban President Donald Trump are protected by Section 230 of the 1996 Communications Act. This is the same Section 230 behind which social media companies have sheltered to protect them from liability for the dissemination of the hate, lies and conspiracies that ultimately led to the assault on the U.S. Capitol on January 6. These actions are better late than never. But the proverbial horse has left the barn.

Confronting the Biden transition are five existential crises. The pandemic is surging. The economy is stalling. Social justice is faltering. Climate change is on a rampage. And the government that is essential to dealing with each of these problems has been hollowed out by four years of constant attacks. And, oh yes, these issues must be dealt with despite a potentially divided government and deeply divided citizenry. As a tech policy wonk, I am often asked, “How will the Biden transition handle tech policy?” It is the wrong question.

The abusive practices of the dominant digital platforms are so widespread and have become so embedded that there is no single solution. What is needed is a cocktail of remedies that blends antitrust with ongoing regulatory oversight. The digital-oversight cocktail, therefore, needs to include the ability to establish industry-wide behavioral rules in addition to antitrust enforcement.

The largest user of spectrum, the Department of Defense (DoD), has put out a Request for Information (RFI) that seems to propose that at least some of the spectrum traditionally used by the military could be shared for a fifth generation (5G) wireless network. The DoD cites a component of 5G technology called dynamic spectrum sharing (DSS) as the vehicle to accomplish this. This is a milestone. The Defense Department itself is suggesting that it is possible to share spectrum without harming its operations.

The rapid pace of digital technology means companies can move rapidly to advantage themselves by exploiting consumers and eliminating potential competition. Congress has traditionally created new expert agencies to oversee new technology platforms. Whether the Interstate Commerce Commission (railroads), Federal Communications Commission (broadcasting), Federal Aviation Administration (air transport), Consumer Financial Protection Bureau (finance), or any other of the alphabet agencies, the precedent is clear: new technologies require specialized oversight.

America’s broadband providers have stepped up with the ‘K-12 Bridge to Broadband” to help meet the needs of millions of low-income American students who are unable to get on the internet so they can go to class from home. The new program will do two things the Trump Federal Communications Commission (FCC) has failed to do. First, it will identify households with students that have broadband passing their door but have chosen not to subscribe.