July 2017

Trumping Academic Legitimacy in Push for Telecom Deregulation

Professors Jeff Pooley and Dwayne Winseck examine claims that the Obama-era Federal Communications Commission failed to ground its regulations in economic reasoning – and find the idea preposterous. What they unearth instead is AT&T-sponsored ‘research’ -- and Pooley and Winseck show how the FCC has been working in earnest to bolster, not sideline, economic analysis.

Information Laundering, Economists and Ajit Pai’s Race to Roll-Back the Obama-era FCC’s Net Neutrality Rules

[Commentary] The now-raging battle over the fate of landmark network neutrality rules adopted by the Obama-era Federal Communications Commission just two years ago is, at the same time, a war of ideas. On the front lines is a subterranean network of think tanks and hired-gun economists, lawyers, and others mobilizing their credentials to justify FCC Chairman Ajit Pai’s sprint to reverse not just the net neutrality rules, but also a raft of measures on concentration in the broadband, mobile wireless, cable TV and broadcasting markets, broadband privacy and pricing, and on and on. If the rollback is successful, Pai’s FCC will deliver a regulatory agenda beyond the biggest telecom-ISP and media companies’ wildest dreams. Each step of the way, industry-friendly think tanks and front groups have commissioned academics to flood the ‘marketplace of ideas’ with corroborating ideas and ‘white papers,’ often without disclosure. What they’re paying for is the veneer of academic legitimacy.
[Jeff Pooley is Associate Professor and Chair of Media & Communication, Muhlenberg College, Allentown. Dwayne Winseck is Professor at the School of Journalism and Communication, Carleton University, Ottawa, and Director of the Canadian Media Concentration Research (CMCR) Project.]

If FCC gets its way, we’ll lose a lot more than net neutrality

The Republican-led Federal Communications Commission is preparing to overturn the two-year-old decision that invoked the FCC's Title II authority in order to impose net neutrality rules. It's possible the FCC could replace today's net neutrality rules with a weaker version, or it could decide to scrap net neutrality rules altogether. Either way, what's almost certain is that the FCC will eliminate the Title II classification of Internet service providers. And that would have important effects on consumer protection that go beyond the core net neutrality rules that outlaw blocking, throttling, and paid prioritization.

Without Title II's common carrier regulation, the FCC would have less authority to oversee the practices of Internet providers like Comcast, Charter, AT&T, and Verizon. Customers and websites harmed by ISPs would also have fewer recourses, both in front of the FCC and in courts of law. Title II provisions related to broadband network construction, universal service, competition, network interconnection, and Internet access for disabled people would no longer apply. Rules requiring disclosure of hidden fees and data caps could be overturned, and the FCC would relinquish its role in evaluating whether ISPs can charge competitors for data cap exemptions.

Why We Need Title II And Strong Net Neutrality Rules; Or, Fool Me Twice, Shame On Me. Fool Me Ever Time — I’m the FCC!

[Commentary] As we slog away once again on Federal Communication Commission Chairman Ajit Pai’s summer blockbuster reboot “Net Neutrality: The Mummy Returns!,” it’s worth noting in passing the anniversary a previous Pai celebration of industry self-regulation, #DitchTheBox. I bring this up not merely as a fairly bitter bit of Cassandrafreude, but to remind everyone why only those who most desperately want to believe ever put any faith in “industry self-regulation” — especially when that industry is the cable industry.

[A]s an industry, the major broadband providers have recognized that they need some kind of fig leaf concession (preferably cemented into law by a compliant Congress). And so we have seen the cable companies falling all over themselves to swear their undying support for net neutrality and promises to do nothing to harm the open Internet. So a brief review of the history of cable industry self-regulatory promises, and Chairman Pai’s willingness to believe them, seems in order for the day.

[Harold Feld is senior vice president at Public Knowledge]

Ajit Pai: the man who could destroy the open internet

Ajit Pai, the chairman of the Federal Communications Commission, has a reputation as a nice guy who remembers co-workers’ birthdays and their children’s names. After he was targeted by trolls on Twitter, he took it in good humor, participating in a video where he read and responded to “mean tweets”. This is the man who could destroy the open internet.

Chairman Pai argues that if the US introduced strong net neutrality protections, authoritarian states would have an excuse to clamp down on online freedoms – in spite of the fact that authoritarian states don’t need an excuse to do so. He also says that legislation should only be applied if there’s a market failure. However, as Pai has said, “nothing is broken” and the rules were established on “hypothetical harms and hysterical prophecies of doom”.