Kim Hart

A new policy paper from the German Marshall Fund p

The Biden administration's push to increase competition in the technology industry could be on a collision course with a formidable obstacle: the courts. As president, Donald Trump appointed 226 federal judges, leaving a huge mark on the judicial system, particularly appellate courts.

Lisa Hone, a longtime Federal Communications Commission attorney with deep expertise in broadband policy, has joined the National Economic Council team to steer the Biden administration's broadband expansion efforts. Hone's primary focus is ensuring that money Congress allocated through the American Rescue Plan Act is spent appropriately. Hone, who officially started her job as senior adviser for broadband and technology policy the week of May 31, is now the White House's point person on broadband deployment efforts happening across the government.

While antitrust lawsuits and Capitol Hill hearings get headlines, Big Tech's biggest threat in Washington may come from the Federal Trade Commission. The FTC is gearing up to flex its muscle, by both enforcing current rules and trying to draft new ones.

Now that the pandemic has made it clear just how essential it is to be connected to high-speed internet, lawmakers are finally putting billions of dollars into funding government programs to expand access to it. Urgency has also increased at the state level: 34 states enacted legislation or resolutions related to broadband development in 2020, per the 

Adam Candeub, current acting deputy of the Commerce Department's National Telecommunications and Information Administration, is being elevated to the role of Acting Assistant Secretary. His elevation to a top position at NTIA is sure to be controversial because of ties to white nationalists.

School districts are taking it upon themselves to help families get connected to the internet as they face down a long future of virtual learning. Most schools don't even know which students are lacking internet service, and the neediest families are often the hardest to reach. Perhaps the most ambitious initiative is a $50 million, public-private partnership in Chicago, which aims to provide 100,000 public school students with home internet service for four years. The most successful districts have maximized their purchasing power by partnering with other nearby districts or municipalities

Internet service providers' pledges to waive fees and forgive missed payments end on June 30, likely cutting off service for some families who can't pay their bills due to the economic impact of the pandemic. Congress hasn't included funding to pay for broadband bills in its previous COVID-19 packages.

Legal battles between cities and states are expected to intensify in the coming months with dust-ups over municipal broadband networks and other issues. After some high-profile disputes with governors over pandemic-related restrictions, some mayors are emboldened in pushing back on state laws prohibiting city-level policies that, they say, will be important to recovering from the COVID-19 pandemic. 

Consumers are adopting stand-alone broadband services at a much higher rate than just two years ago, and analysts predict that the economic downturn prompted by the COVID-19 outbreak will accelerate the trend. With a recession looming, consumers may look to cut pay TV service in favor of more robust standalone internet packages once they're free to leave their homes. The broadband boom driven by the pandemic is likely to continue even after the virus dies down.