Gigi Sohn

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.

I applaud Rep. Coffman for signing the net neutrality discharge petition. The Joint Resolution of Disapproval of the FCC’s December 14, 2017 net neutrality repeal order is the fastest and best way to restore FCC authority to protect consumers and competition in the broadband market. Surely his constituents will appreciate his leadership in taking this important step.

[Commentary] The best and fastest vehicle for bringing back the vital protections of net neutrality resides in both houses of Congress. It’s called a “Joint Resolution of Disapproval” which is allowed under a law called the Congressional Review Act (CRA). The CRA allows Congress to overturn an agency decision soon after it is adopted with a simple majority of members in attendance. This Congress used the CRA last April to repeal Federal Communications Commission rules that would have required ISPs to protect the privacy of their customers.

[Commentary] The proposition here is simple: This T-Mobile/Sprint deal will shrink the market for nationwide mobile wireless service from four players to three, giving consumers fewer choices and increasing the likelihood that prices will be higher and service offerings will be less consumer-friendly. Decreased competition in a market that is already consolidated? This deal should be an easy one for the government to reject. Companies seeking to merge typically promise the sun, moon, and the stars to regulators in order to obtain approval, and T-Mobile and Sprint are no different.

[Commentary] Federal Communications Commission Chairman Ajit Pai has portrayed the Lifeline program and the people who benefit from it as hopelessly corrupt. Now he is proposing to make changes that will, for all intents and purposes, destroy the program. He aims to severely reduce both the supply of and demand for Lifeline-supported services. 

[Commentary] The vote by the Federal Communications Commission repealing its 2015 network neutrality rules will have an especially negative impact on online innovation.

[Commentary] In doing away with the 2015 rules that prohibit broadband providers from discriminating against or favoring certain content, applications and services (that is, no blocking, no throttling, no fast lanes and a general rule against discrimination), Federal Communications Commission Chairman Ajit Pai has radically departed from bipartisan FCC precedent. This opens the door for companies like Comcast, AT&T, Verizon, and Charter to pick winners and losers on the Internet by controlling which online companies get faster and better quality of service and at what price.

[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:

On May 18, the Trump Federal Communications Commission will vote to adopt a final “Notice of Proposed Rulemaking” (NPRM) that will officially begin the effort to repeal the 2015 network neutrality rules and the legal authority upon which they are based — Title II of the Communications Act of 1934. Title II says that broadband Internet Service Providers (ISPs) like Comcast and AT&T are essential “telecommunications services,” and as such, can be prohibited from discriminating against or favoring certain Internet traffic. Anticipating a huge outcry, FCC Chairman Ajit Pai opened a “docket” for the public to submit comments, and it has — over one million comments have already been submitted. The final NPRM will start the official period for comments and reply comments on the proposal to repeal the rules (comments are currently due on July 17; replies on August 16). After the reply comment period is over, the FCC will draft its decision. Depending on the length and complexity of an issue, it usually takes anywhere from 2 to 6 months to draft a final decision. But Pai has made it clear that he already knows what the decision will say. He and his supporters are in a rush — the longer this proceeding goes, the more likely it will become a major issue in the 2018 election (based on the fundraising emails I’m getting, I’d say it already has).