February 2017

Implications of a Trump White House for broadband policy

[Commentary] If affordable and abundant broadband is integral to the continued growth of the American economy , then how the market reacts to Trump administration policy will determine whether the country can deliver this necessary infrastructure. Here are the four major areas where I expect the Trump administration to impact broadband policy and my predictions for how those reforms may look:

Expect a change in how the government considers the competitive landscape
Expect a change in the range of government oversight
Expect a change in the center of gravity from the FCC to Congress
Expect an increase in mergers and a change in merger reviews

(This is the second of three blogs discussing the state of broadband policy as a new administration and Congress begin.)

Will the Telecommunications Act get a much-needed update as it turns 21?

[Commentary] The Telecommunications Act of 1996 turns 21. Signed into law by President Bill Clinton on Feb. 8, 1996, it was the first major revision of telecommunications regulation since the passage of the original Communications Act of 1934, which established the Federal Communications Commission and gave it jurisdiction over broadcasting and telephony.

Of course, two decades is a long time in the world of technology, and telecom is vastly different today than it was then. In 1996, just 16 percent of Americans had mobile phones, which only supported voice communications, with simple text messaging just beginning to appear. Apple’s iPhone, which kicked off the smartphone era in 2007, was still a decade away. There are a number of other big challenges that will require attention by policymakers in the immediate future. A new report from the Aspen Institute (which I authored), “Setting the Communications Policy Agenda for the New Administration,” based on a meeting of industry stakeholders, public interest advocates and other experts held this past summer, identifies several top priorities:

  • Supporting the transition to 5G
  • Providing more spectrum for mobile broadband
  • Supporting innovation and modernization of telecom
  • Expanding access
  • Improving cyber security

[Richard Adler is a noted futurist and distinguished fellow at the Institute for the Future in Palo Alto (CA)]

Legislative Net Neutrality Solution Draws A Crowd

While Democratic Sens were suggesting that the Federal Communications Commission's Open Internet order is fine as is and nothing is needed to be done to alter those protections—either legislatively and certainly not a rollback by the FCC—a legislative solution to resolve the issue was getting a lot of votes from outside groups Tuesday. That came after Sens Ed Markey (D-MA), Al Franken (D-MN) and others held a press conference to say they would fight any attempts by the FCC to reverse the Open Internet order or legislative attempts in a Republican-controlled Congress to weaken it.

In a joint press statement, The Multicultural Media, Telecom and Internet Council, the National Urban League and others called for "a permanent statutory solution that enshrines the basic open internet principles into law. These core principles are not controversial and should not be subject to endless litigation, regulation, and reconsideration. A statute locking in net neutrality would protect net neutrality no matter how the political winds blow."

Here's How Net Neutrality Advocates Will Fight Trump's FCC

"Donald Trump is going to have to pry net neutrality from my cold dead hands," said Winnie Wong, a leading political organizer and co-author of the Women's March on Washington unity principles. "We will organize huge numbers of people to turn out in the streets to protect the open internet." For Wong, network neutrality means more than just commerce or inside-baseball DC intrigue. It's about free speech and the ability to reach her colleagues and constituents online to coordinate the movement of movements, and the delegation of distributed direct action across the country and around the world. "The architects of the internet and the defenders of net neutrality are the people who have created the conditions that allow progressive activists to organize and build our networks of opposition to Trump at scale," Wong said. "We will fight to defend the open internet."

The decade-long war over net neutrality has taken on new urgency with Trump's decision to appoint Republican Ajit Pai to lead the Federal Communications Commission. Pai, a former Verizon lawyer, has made clear that he intends to dismantle the legal basis underpinning net neutrality, in a move that will delight the nation's largest cable and phone companies.

The Real Question Behind Zero-Rating: Who Should Pay?

[Commentary] Transmitting data through wireless networks is costly, as the agency has admitted countless times. Traditionally, costs have been recovered via consumer data plans. Content producers, on the other hand, haven’t had to bear the consequences of network upkeep. If however, edge providers were forced to bear some of these costs, then they would find themselves pressured to push for technological advances to economize on bandwidth. Economists call these costs externalities, and a long line of work suggests that they lead to inefficient markets. The report and the letters showed that the investigation rested on the belief that all content, whether it is zero-rated or not, conforms to an ideal of perfect competition. But, in the real world, there are search costs, barriers to entry exist, content has market power and there are significant transaction costs.

[Will Rinehart is Director of Technology and Innovation Policy at the American Action Forum.]

FTC Acting Chairman Ohlhausen Names Thomas Pahl Acting Director of the Agency’s Bureau of Consumer Protection

Federal Trade Commission Acting Chairman Maureen Ohlhausen announced that she has appointed Thomas Pahl, a partner at the Washington, DC law firm of Arnall Golden Gregory LLP, to be the Acting Director of the FTC’s Bureau of Consumer Protection. Pahl is rejoining the FTC, having served in a number of different roles starting in 1990, including management stints in the FTC’s Bureau of Consumer Protection as Assistant Director in the Division of Advertising Practices and the Division of Financial Practices. He also advised top agency officials on consumer protection matters.

For three years, he advised Reagan appointee and FTC Commissioner Mary Azcuenaga. And he later served for four years as an attorney advisor for Republican FTC Commissioner Orson Swindle. Pahl previously served a detail to the United States Senate Judiciary Committee under the leadership of Chairman Orrin Hatch, focusing on antitrust and consumer privacy issues. Pahl also has worked as an adjunct professor of law at George Mason University’s Antonin Scalia Law School, and is a member of the Federalist Society. More recently, Pahl has worked on consumer financial protection issues (especially credit reporting and debt collection issues) as a partner at Arnall Golden Gregory LLP, and on debt collection issues at the Consumer Financial Protection Bureau.