Harold Feld

[Commentary] So for those of you first timers, and those of you who have gone so long without a contentious Federal Communications Commission meeting you’ve forgotten how it’s done, I’ve prepared this helpful guide on “what is an FCC meeting and what are the big items up for grabs.”

By law, the FCC must meet at least once each calendar month. Under the Government In The Sunshine Act, all Commission meetings are open to the public. If you plan to attend, you will need government-issued ID to get into the building. The meeting on network neutrality/open Internet starts at 10:30 a.m., but expect crowds, hopefully protesters as well. Sitting in front of the Commission is a table where sit the FCC staff charged with presenting the item.

The relevant staffer will read a summary of the item. The staffer will close with “staff request editorial privileges” which is a code word for “we may not actually have finished writing the item, especially if there was a bunch of last minute negotiation. We promise to get it written and circulated to all of you for sign off before we issue it to the public.”

Because of this, it may take some time for the actual item voted to appear on the FCC’s website or be publicly available. The Chair will then open the floor to each Commissioner in turn, by seniority, to make comments/read an official statement.

The batting Order is: Commissioners Mignon Clyburn, Jessica Rosenworcel, Ajit Pai, Michael O’Reilly. (It is coincidence that at the moment this is divided by party, with the Republicans all junior to the Democrats by seniority.) Then the Chairman will have the opportunity to make a statement. After that, the Chairman calls for a formal vote and each Commissioner votes.

The public does not get to speak. This is not an “open meeting” like a town hall where the FCC gathers evidence. This is like a floor vote in Congress. You get to watch the action but the outcome is usually determined in advance.

[Commentary] Federal Communications Commission Chairman Tom Wheeler caused quite a stir when he circulated a new Notice of Proposed Rulemaking on network neutrality.

The proposed rule moves away from generally prohibiting wireline broadband providers from offering “paid prioritization” (aka Internet “fast lanes”) to explicitly permitting wireline providers to offer paid prioritization subject to conditions designed to guard against anti-competitive and anti-consumer conduct. To employ a crude analogy, network neutrality supporters see Chairman Wheeler’s proposal as roughly the equivalent of teaching the rhythm method in sex ed, while opponents are outraged that Chairman Wheeler would teach anything other than pure abstinence.

But we as consumer advocates must reiterate to members of Congress in both parties, and to the White House, that because the DC Circuit has made it clear that the only way to have network neutrality is to classify broadband access as a Title II telecommunications service that is what they must do. We must show not merely the 3 Democrats on the FCC, but the rest of the political class in Washington, that Title II reclassification is not a “nuclear option” or “third rail” but a necessary and well supported prerequisite to a healthy Internet policy.

[Commentary] At the press conference following the Federal Communication Commission (FCC) March 31 Open Meeting, FCC Chairman Tom Wheeler made the following observation: “Interconnection is part of the Network Compact. ‘Peering’ is just a $3.50 word for interconnection.” Personally, I think most people are totally misreading this.

Chairman Wheeler’s statements make it look more likely to me that the FCC will start looking closely at the Internet peering market, not less likely, especially as part of the Comcast/Time Warner Cable deal.

l rant at considerable length that (a) Chairman Wheeler is right, this is not a “network neutrality” issue, but the same goddam interconnection issue that we have struggled with for more than a hundred years in every networked industry from railroads to electricity to broadband; (b) The FCC needs to actually look at this and study it and understand how the market works before it makes any decisions on what to do; and, (c) While Chairman Wheeler is not saying -- in any way, shape or form -- that he actually plans to do anything before he has real information on which to base a decision, he is signaling -- for anyone actually paying attention -- that he is, in fact, going to actually look at this as part of his overall transition of the agency around his “Fourth Network Revolution” and “Network Compact” ideas.

[Commentary] Wireless spectrum is such a central part of our daily lives that we forget how much we depend on it.

It's not just our smartphones and tablets that use it. Baby monitors, cordless phones, security systems, smart meters and thousands of other essential gadgets need shared, or unlicensed, spectrum to deliver their vital services at an affordable price. But we are in danger of losing these naturally shared airwaves to a select few corporations.

Over the next two months, the Federal Communications Commission will make critical decisions about the wireless auction in early 2015. The FCC faces enormous pressure from budget hawks and big wireless companies to auction off as much as possible, including spectrum already designated for shared use. This shortsighted and anti-competitive approach could close the open airwaves that are becoming the next frontier for innovation and economic growth.

A new report by Columbia Business School professor Raul Katz released by a new coalition called WifiForward found that shared spectrum contributed $222 billion to the US economy in 2013. That includes $36 billion in direct savings to consumers.

If you are the wireless industry big dogs, killing unlicensed spectrum makes sense. But if you're the rest of us -- consumers and small businesses who benefit from competition and affordability -- shared spectrum is a critical part of our future economy. This isn't about choosing between selling off public spectrum and sharing it. Even if we keep some spectrum for shared use, we will have plenty of public airwaves to auction in 2015. If the FCC strikes the right balance, we can have a hugely successful auction and enough shared spectrum to keep growing the competitive part of the wireless economy. [Feld is senior vice president of the nonprofit Public Knowledge]