Upcoming policy issue

[Op-ed] The court decision allowing AT&T to acquire Time Warner is an example of the inability of our current system of courts and enforcement to prevent the decline in competition in the modern US economy. In the case of that merger, the Antitrust Division of the US Department of Justice gets credit for making an attempt to block what it viewed as an anti-competitive transaction. What’s more, that view proved prescient after the now-merged firm almost immediately raised prices after executives testified that the synergies from the deal would immediately cause lower prices.

[Analysis] Digital platforms that (a) provide a two-sided or multi-sided market; (b) are accessed via the internet; and (c) have at least one side that is marketed as a “mass market” service, share a set of characteristics and raise a similar set of concerns so that we should consider them as a distinct set of businesses. This does not make laws of general applicability such as antitrust inapposite. Nor are these distinct capabilities and incentives intrinsically bad or good.

[Analysis] As digital platforms have become increasingly important in our everyday lives, we’ve recognized that the need for some sort of regulatory oversight increases. We have reached the point where we need sector-specific regulation focused on online digital platforms, not just application of existing antitrust or existing consumer protection laws.

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.

The Federal Communications Commission launched a proceeding to seek comment on proposed revisions to the children’s television programming rules. The Notice of Proposed Rulemaking recommends modifying rules adopted in 1996 pursuant to the Children’s Television Act. The NPRM seeks input on proposed changes to the criteria that children’s programming must meet to be considered Core Programming, which among other things currently require that programming be at least 30 minutes in length and regularly scheduled.

Federal Communications Commission Chairman Ajit Pai announced that he has circulated a proposal that would establish the requirements to govern the incubator program that the FCC decided to adopt in 2017 to support the entry of new and diverse voices into the broadcast industry. The proposal, which the FCC will vote on at its August Open Meeting, outlines a program in which established broadcasters would pair with small aspiring new entrants or struggling broadcast station owners who lack access to capital and operational experience, among other things.

Despite being awash in tech start-ups and the latest innovations, San Francisco has a surprising lack of connectivity. As many as 1 in 8 people  — more than 100,000 residents — don’t subscribe to home Internet, city officials say. To close that digital divide, the local government has come up with an entrepreneurial solution: Build a high-speed network of its own that could compete with the likes of AT&T and Comcast. If the estimated $1.9 billion proposal is approved, San Francisco would become the biggest U.S.

Federal Communications Commission Chairman Ajit Pai proposed an overhaul of the agency’s online comment system after millions of fake comments were posted about a recent FCC rule change.

Having your voice heard at the Federal Communications Commission could soon cost you hundreds of dollars, according to congressional Democrats who oppose a looming rule change. But that may not be the case after all, a review of the FCC proposal shows.

Democrats and left-leaning public interest groups are turning up the heat on House Republicans on net neutrality, as they seek to rally internet-savvy voters around the issue ahead of the midterm elections. A group of House Democrats is seeking to force a floor vote on a Senate-passed resolution that would undo the Federal Communications Commission’s net neutrality rollback, restoring the Obama-era rules. “There’s tremendous pressure that’s going to be put on Republicans not to sign,” said Rep. Mike Doyle (D-PA), who leads the House effort.