Michael Copps

The battle for network neutrality (aka the open internet) is back. It’s something that should have been instituted years ago. In fact, it actually was on the books—until then-President Donald Trump’s Federal Communications Commission Chairman, Ajit Pai, ditched the rules, largely at the behest of the big internet service providers like Verizon, AT&T and Comcast. Net neutrality rules were not only on the books, but were also court-approved. That should have been the end of the matter.

Charles Dickens opened A Tale of Two Cities writing that “It was the best of times, it was worst of times”. Therein may lie some helpful context for understanding where our country finds itself today. I don’t propose to cover the entire issues waterfront in this brief piece, but will instead focus on a few of the things I see dragging our country and our government down today. For the purposes of this essay, I will include telecommunications and media, Congress, and the courts. To start off on the positive, there’s some really good news at the Federal Communications Commission (FCC).

Congress is dysfunctional. The courts are a bad and dangerous joke. Independent government agencies are on the cusp of being dismantled. The Administration’s agenda is largely blocked. Companies large and small have pillaged the economy and jacked up prices that impose real pain on American consumers, long after economic circumstances can justify it. The media, which have a solemn obligation to give us real news and information, choose instead to blanket us with infotainment and trifle that divert our attention from the real problems that are undermining our democracy.

Sitting atop a backdrop of economic imbalance are Wall Street hedge funds and private equity firms that daily manage hundreds of billions of dollars, leveraging debt to acquire companies, then firing workers, and stripping the carcasses of American industry for asset sales. This destructive way of running our economy is bad news in many sectors. Nowhere is it more pernicious than in communications and the media. Two massive Wall Street funds, Standard General and Apollo Global Management have set out to purchase the second-largest local TV station group in the U.S.—Tegna.

I no longer believe, and haven’t for years, that our current commercialized and consolidated media is capable of curing its own ills. I applaud what remains of community and independent media. These folks struggle mightily to maintain sufficient resources needed to do their jobs, but it becomes more difficult each year as newspapers are bought up by huge non-community chains, local stations go off the air, newsrooms are shuttered, reporters are fired en masse, and local, regional, and statehouse coverage diminishes. It’s not working; something else is needed.

The most significant effect on political parties this year was the $16 billion estimated to have been spent on these elections, further entrenching the ability of big business and the special interests to have their way in Congress, the state houses, judgeship elections, and local community races. If we cannot find our way—very soon—to significantly reduce or eliminate the polluting and destructive power of money in our politics, democracy’s days are numbered. The US Senate is hardly poised to lead us to significant democratic reforms.

It’s time to look anew at individual rights and to broaden our discussion of them to include where we have sometimes gone wrong in safeguarding those rights. This demands more than just questioning court nominees about stare decisis, important as that may be. This is a discussion for we, the people to be involved in. As we ponder the inroads the current high court is making into areas where it really has little writ to intervene, let’s wake up to the fact that its actions are tossing real Constitutionalism out the door, on both policy and process. I say this not to disparage.

I arrived in Washington, DC fifty-two years ago full of vim and vigor to take part in the great pageant of American reform, convinced that in the years ahead the political arc would bend ever-upward toward a fuller democracy. Yet all change is not progress.  The arc hits speed bumps along the way. The awful damage we have inflicted, or let happen, to our democracy now threatens its very existence. Democracy’s discontents are many, and I will expand on a few of them below, but note first that every passing day of not confronting them makes democracy’s fulfillment ever less likely.

The internet has failed to nourish our news and information diet the way we hoped it would twenty years ago. The norm is major platforms poaching the news they distribute directly from newspaper and television newsrooms while failing to make any meaningful investments in journalism despite generating billions of dollars in advertising revenue that traditional media once depended upon. Solutions have been suggested; one option is vigorous anti-trust to break up monopolies.

Passage of the Infrastructure legislation on November 5 was truly historic—surely the biggest boost ever to bringing high-speed broadband to every American household. While we get about the job of building broadband, we need to take up other communications issues that have been of even longer gestation and which have just as much, maybe more, urgency for our country. High on my list is media reform.