Agenda

The midterms just completed (except for recounts) were historically important, and in this critical time for our democracy, we must try to make some sense of where we are.  The bad news is split government; the good news is split government.

On October 25, 2018, President Donald Trump signed a Presidential Memorandum ordering federal agencies to review their existing spectrum usage, forecast future demands, and prepare a plan for research and development that will enable better use of spectrum in the future.

The Federal Trade Commission this week held another set of hearings on Competition and Consumer Protection in the 21st Century. The hearings and public comment process this Fall and Winter will provide opportunities for FTC staff and leadership to listen to experts and the public on key privacy and antitrust issues facing the modern economy. The hearings are intended to stimulate thoughtful internal and external evaluation of the FTC’s near- and long-term law enforcement and policy agenda.

The Coalition for Local Internet Choice and the National Association of Telecommunications Officers and Advisors asked for my view of the Federal Communications Commission’s pending order, proposing to cap the fees that state and local governments may charge for small-cell attachments. According to the FCC’s draft order, these price‐caps will save the industry $2 billion in costs to operate in metropolitan areas—which will translate into $2.5 billion in new wireless investment, primarily in rural areas. Here are my concerns:

In my previous post, I highlighted four reasons why the U.S needs a unified policy framework for an open Internet ecosystem: 1) lack of competition/incentive and the ability to discriminate; 2) collection of and control over personal data; 3) lack of transparency; and 4) inadequacy of current laws and enforcement. Many of these problems can be addressed with targeted legislative and regulatory interventions.

[Analysis] In a new article for the Georgetown Law Technology Review, I seek to jumpstart a conversation about how to shape an Internet ecosystem that will serve the public interest. First, let me lay out the rationale for a new, unified policy framework for an open Internet: 1) Lack of Competition/Incentive and Ability to Discriminate, 2) Collection of and Control over Personal Data, 3) Lack of Transparency, and 4) Inadequacy of Current Laws and Enforcement.

Based on a thorough review of the record, I have serious concerns about the Sinclair/Tribune transaction. The evidence we’ve received suggests that certain station divestitures that have been proposed to the FCC would allow Sinclair to control those stations in practice, even if not in name, in violation of the law. When the FCC confronts disputed issues like these, the Communications Act does not allow it to approve a transaction. Instead, the law requires the FCC to designate the transaction for a hearing in order to get to the bottom of those disputed issues.

[Speech] On of the two historic accomplishments of the current Federal Communications Commission is that it is the first FCC to interpret its statutory mandate to say it doesn’t have much legal authority or policy rights to regulate broadcasters, telephone companies, cable companies, or wireless companies. Instead, its principal regulatory mandate is to regulate another set of enterprises: local governments.

On Tuesday, April 17, the House Commerce Committee’s Subcommittee on Communications and Technology will hold a hearing –  entitled “From Core to Edge: Perspective on Internet Prioritization” – to  better understanding of how network operators manage data flows over the Internet and how data is prioritized from the network core to the edge.

In lieu of delivering advertised remarks dubbed "American Pai: The Courageous Chairman of the FCC," Federal Communications Commission Chairman Ajit Pai received the National Rifle Association's (NRA) “Charlton Heston Courage Under Fire Award” at the Conservative Political Action Conference. The NRA-sponsored award was given to Chairman Pai in recognition of months of heavy criticism over his successful push to repeal the agency’s network neutrality rules. Chairman Pai led the push to repeal the rules, which were overwhelmingly supported by the public.