Gigi Sohn

One of the most important privacy cases you’ve never heard of is being litigated right now in a federal district court in Maine. ACA v. Frey is a challenge by the nation’s largest broadband Internet access providers to a Maine law that protects the privacy of the state's broadband Internet users.

During Federal Communications Commission Chairman Ajit Pai’s tenure, the number of Lifeline recipients has decreased by 40 percent and the program’s budget has shrunk accordingly. Less than 20 percent of Americans who are eligible for Lifeline take advantage of it. While Chairman Pai cloaks his so-called Lifeline “reforms” as efforts to root out “waste, fraud, and abuse,” the majority of his actions have little to do with maintaining the integrity of the program and more to do with harming its recipients.

On April 7, 2020, Henry Geller passed away. Born in Springfield (MA) in 1924, he was raised in Detroit (MI). During a long career in communications policy, he worked at the Federal Communications Commission, the National Telecommunications and Information Administration, and Duke University’s Washington Center for Public Policy Research. His life's work had a profound effect on US telecommunications; his impact on so many advocates and policymakers is impossible to measure. 

As the COVID-19 pandemic has forced schools and workplaces to close all over the country, tens of millions of American children have started to attend classes online and tens of millions of American adults are now teleworking from home. This crisis has highlighted how many Americans lack high-speed wired broadband internet at home (approximately 141 million) and specifically how many school-age children are disconnected (as many as 12 million). This digital divide did not happen by accident.

Chairman Davis, Vice Chair Dumais, members of the Committee, my name is Gigi Sohn and I am a Distinguished Fellow at the Georgetown Law Institute for Technology Law and Policy and a Senior Fellow with the Benton Institute for Broadband and Society. I have been a public interest advocate for open, affordable and accessible communications networks for over 30 years. I was Counselor to FCC Chairman Tom Wheeler from 2013-2016, and during that time, I helped the FCC adopt the 2015 Open Internet Order, which included the strongest ever network neutrality rules.

Current research suggests that low-income people can only afford to pay about $10  monthly for broadband. Anything more competes with other utility bills and the cost of food. Meeting the goal of universal connectivity and providing fixed broadband at about $10 per month requires a multi-pronged strategy - what my Benton colleague Jonathan Sallet calls an “Affordability Agenda.” It includes:

For those of you unfamiliar with the merger, 17 months ago, in April 2018, T-Mobile and Sprint announced that they would merge in a deal valued at around $26 billion dollars and sought permission from the Justice Department to do so.

The US broadband and media industries are increasingly becoming consolidated, deregulated and freed of accountability, with little attention either from policymakers or the media. While Mexico is moving forward -- having recently developed new institutions and regulations intended to promote competition and accountability in telecommunications and media, the US is moving backwards. Competition in broadband and media in the US is vanishing as a result of decisions, big and small, by the Trump Administration. 

Last week, ten state attorneys general filed a lawsuit challenging the merger of T-Mobile and Sprint in a federal district court in New York. While it might not seem unusual for state officials tasked with enforcing antitrust and consumer protection laws to seek to halt the 4-to-3 horizontal merger of two of the nation’s mobile wireless companies, that the Antitrust Division of the Department of Justice did not join the lawsuit was extraordinary.

Federal Communications Commission Chairman Ajit Pai has now decided that a handful of promises, made just days ago by T-Mobile and Sprint, puts this $26 billion transaction in the public interest. But these promises are speculative, unsubstantiated, and entirely unenforceable.