Editorial

According to a speed test analysis released by WhistleOut, the average US internet speed increased 40 percent during the pandemic to 118.4 Mbps, versus an average of 84.5 Mbps pre-pandemic. The report, which is based on more than 717,000 internet speed tests, doesn’t explain exactly why the fixed internet became so much swifter, but it cites the fact that many US households upgraded their plans with their internet service providers, presumably to accommodate all that video streaming, those Zoom meetings, and other lifestyle changes necessitated by working and living at home 24/7.

Federal Communications Commissioner Brandon Carr released an extraordinary statement worth reading. Carr is taking exception to the final rules from the Treasury Department concerning how communities can use the $350 billion in funding from the American Rescue Plan Act (ARPA). The commissioner is asking states to somehow intervene in the way that cities, counties, and towns elect to use these funds.

January marks the anniversary of a series of coordinated protests that led to the withdrawal of two proposed laws in the United States Congress: the Stop Online Piracy Act (SOPA) and the PROTECT IP Act (PIPA). SOPA-PIPA showed the power of collective action, rooted in shared values, to shape the future of the internet. In the decade since the SOPA fight, new issues have risen based on the development of new innovations in technology and the challenges that they create.

One of the most annoying aspects of the current federal broadband grants is the ability of incumbent internet service providers (ISPs) to challenge the validity of grant requests. In the typical challenge, the incumbents claim that they are offering fast broadband and that an applicant should not be able to overbuild them. The challenges put a burden on anybody filing for a grant since they must somehow prove that incumbent broadband speeds are slower than 25/3 Mbps.

Animated by hostility toward corporations and a belief that broadband should be a public utility, populists seek to overthrow the current system and replace it with one in which government provides broadband or tightly regulates it. Their campaign strategy is to convince policymakers and the public that US broadband is a failure so they can build support for policies to weaken corporate providers and strengthen non-corporate alternatives, including government-run networks.

Does a progressive activist who wants to weaken copyright and speech protections belong on the Federal Communications Commission? President Biden thinks so, and bizarrely so do the leaders of conservative Newsmax Media and One America News Network (OAN). Newsmax CEO Chris Ruddy said Newsmax is “being sidelined in favor of a small number of mega-corporations who dominate the channel line-ups.” OAN President Charles Herring hailed Sohn’s commitment to “diversity in media.” The two execs may be hoping Sohn will target Sinclair and Fox News.

In the past few weeks, the Biden Administration has finally moved forward with nominations to the Federal Trade Commission and the Federal Communications Commission. As the agencies move forward, fully staffed at last, we hope they will both recognize the role they can play in promoting net neutrality – meaning, in preventing ISPs from taking advantage of their effective gatekeeping roles to favor some services over others. Most people think of net neutrality as the province of the FCC, at least at the federal level.

In the midst of this historic time, I sometimes lose sight of the fact that the official broadband speed definition, at least according to the Federal Communications Commission, remains at 25/3 Mbps. I’m not sure there is anything more absurd in the broadband industry than this outdated definition. Some would argue it was already outdated when it was established back in 2015, as a benchmark to measure national broadband progress.

In the US, we need better internet. We need oversight over Big Tech, ISPs, and other large companies. We need the federal agencies with the powers to advance competition, protect privacy, and empower consumers to be fully staffed and working. New infrastructure legislation aimed at ending the digital divide gives new responsibilities to Federal Communications Commission (FCC) and the National Telecommunications and Information Administration (NTIA), and Congress relies on the Federal Trade Commission (FTC) to reign in Big Tech and others.

President Biden’s effort to supercharge the regulatory state is steadily advancing. The latest example is his nomination of progressive partisan Gigi Sohn to the Federal Communications Commission. She favors deploying the agency’s regulatory power to shackle broadband providers and silence conservative voices. Sohn founded Public Knowledge that has long sought more government control of the internet and media.