January 2017

‘I don’t intend to go crawl under a rock’: An exit interview with FCC Chairman Tom Wheeler

A Q&A with outgoing Federal Communications Commission Chairman Tom Wheeler.

Asked, "What would you say were your biggest accomplishments and, by contrast, your biggest defeats or setbacks?" Chairman Wheeler replied, "I'm really proud of what we did on net neutrality. I'm proud about what we did on privacy. I'm proud of what we did on cybersecurity. I'm proud of what we did on E-Rate. I'm proud of what we did on Lifeline. There are a lot of things I look back on with pride, and smile. I mean, we were the first to have spectrum for 5G in the world. We expanded the rural broadband program. I mean, I'm proud, when I look back on it." Asked, "What are you going to do now? Do you see yourself staying in tech policy?" Chairman Wheeler replied, "I'm a network guy. I've spent the last 40 years of my life in new and evolving networks. I don't think the cat can change his stripes. I'm going to go to the Aspen Institute and decompress for about three months. I don't intend to go crawl under a rock someplace."

ISPs seek end of privacy rules just in time for Trump’s inauguration

New privacy rules that protect the Web browsing data of broadband subscribers went into effect just two weeks ago, but they could be overturned shortly after Republicans gain a majority at the Federal Communications Commission. The FCC voted on the rules on Oct 27, and they partially took effect on Jan 3. Also on Jan 3, trade groups representing Internet service providers filed petitions asking the FCC to reconsider the rulemaking, said an FCC public notice issued Jan 17. Normally, these petitions for reconsideration would be rejected by the FCC, and ISPs' next option would be to sue. But in this case, the privacy rules were passed 3-2, with three Democrats voting for the rules and two Republicans voting against them. Those two Republicans, Ajit Pai and Michael O'Rielly, will enjoy a 2-1 majority after President-elect Donald Trump's inauguration Jan 20.

Once the public notice is published in the Federal Register, supporters of the privacy rules will have 15 days to file oppositions to the petitions for reconsideration. After that, there will be another 10 days allotted for replies to oppositions. Commissioners Pai and O'Rielly will presumably then get the process for overturning the rules moving. Even if the FCC does eliminate the privacy rules in response to the petition for reconsideration, that action could be appealed in court by supporters of the privacy rules.