Ownership

[Commentary] The big Internet service provider gate-keepers may have bought the silence of Congress, but they cannot buy the silence of the people. We know there is overwhelming popular support for an open internet with strong net neutrality rules.  But we have to demonstrate this support and the power behind it.  We must make our voices heard.  Contacting Congress now on the CRA is vital—your Senators, of course, but your House members, too.  Tell them your vote in the next election depends on their vote now to restore net neutrality. 

In the early years of the 20th Century, Louis Brandeis was America’s most influential advocate for antitrust enforcement but his contributions to antitrust have been much debated ever since.

Supreme Court justices wrestled with Microsoft’s dispute with the US Justice Department over whether prosecutors can force technology companies to hand over data stored overseas, with some signaling support for the government and others urging Congress to pass a law to resolve the issue. Microsoft argues that laws have not caught up to modern computing infrastructure and it should not hand over data stored internationally. The Justice Department argues that refusing to turn over easily accessible data impedes criminal investigations.

In April 2017, the chairman of the Federal Communications Commission, Ajit Pai, led the charge for his agency to approve rules allowing television broadcasters to greatly increase the number of stations they own.

A group of Democratic Reps are seeking documents from Attorney General Jeff Sessions relating to the Justice Department’s decision to file a lawsuit to block AT&T’s planned merger with Time Warner. They are interested in whether the decision was in any way impacted by President Donald Trump’s disdain for CNN, a unit of Time Warner. Makan Delrahim, the chief of the Antitrust Division, denies that the lawsuit was influenced by the White House.

On the same day the Federal Communications Commission voted to repeal its 2015 network neutrality rules, the Walt Disney Company announced a deal to buy most of 21st Century Fox. The all-stock transaction is valued at roughly $52.4 billion. If approved, Disney would go from being “a juggernaut to being a megajuggernaut.” Disney hopes the acquisition of Fox’s sports and entertainment content will give it new market power in the growing online distribution market (streaming services). The FCC’s move is not unrelated.

The Federal Communications Commission adopted a Notice of Proposed Rulemaking initiating a comprehensive review of the national television audience reach cap, including the so-called UHF discount used by broadcasters to determine compliance with the cap. The national cap limits entities from owning or controlling television stations that, together, reach more than 39 percent of the television households in the country. The Commission’s last review of this rule occurred when the video marketplace looked very different and most Americans had fewer options for watching video programming.

In a Declartory Ruling and two Orders, the Federal Communications Commission reversed its 2015 Open Internet rules.

Declaratory Ruling

The Federal Communications Commission voted to modernize its broadcast ownership rules and to help promote ownership diversity in the broadcast industry. The Order on Reconsideration:

[Commentary] Federal Communications Commission Chairman Ajit Pai is setting a record pace for deregulating the communications industries. Believe it or not, things are about to get worse in Nov. Starting with the FCC’s open meeting on Nov 16, the agency is poised to approve or propose no fewer than four decisions that will deregulate consolidated industries, remove consumer protections, and widen the digital divide: