Tom Wheeler

The drumbeat of artificial intelligence (AI) corporate chieftains calling for government regulation of their activities is mounting. As Senate Judiciary Committee Chairman Richard Durbin (D-IL) observed, it is “historic” to have “people representing large corporations… come before us and plead with us to regulate them.” There are three challenges for AI oversight: dealing with the velocity of AI developments, parsing the components of what to regulate, and determining

In a period of only nine days—April 25 to May 3, 2023—the the Federal Trade Commission (FTC) announced initiatives to look at unfair and deceptive acts involving AI and proposed banning Meta Platforms from targeting young users. These come on top of two years of antitrust aggressiveness and consumer protection assertiveness. But both actions beg the question, “Are the tools strong enough for the task?” Both the AI and Meta activities are indications of the limitations that FTC Chair Lina Khan and the agency face as a result of being tied to industrial-era statutes and procedures.

For platform companies, endorsing the concept of a new digital regulatory authority should be an act of enlightened self-interest. The idea that a handful of platforms can continue to make their own behavioral rules even when those decisions harm the public interest is no longer sustainable. The absence of a uniform federal policy is not only not in the interest of the public, but also it is creating problems for these companies. The ultimate uncertainty is a set of unknown decisions from multiple regulators.

Online issues such as personal privacy, marketplace competition, and misinformation only become greater challenges in the metaverse. Rather than being distracted by the shiny new bauble, policymakers need to focus on the underlying problems of the digital revolution, which won’t go away with new technological developments.

COVID-19 demonstrated the need for speed in digital broadband connections. As more and more members of a household were online simultaneously doing schoolwork or working from home, the need for bandwidth increased.

Jackson County Kentucky has one stop light in its 347 square miles—but also high-speed fiber optic internet service to rival any big city. In the coal country of eastern Kentucky, the 800-person town of McKee is the hub of a one-thousand-mile fiber-to-the-home network covering two of the nation’s poorest and most remote counties. The fiber link was built almost entirely with dollars from the federal government. It is a powerful example of the infrastructure of the 21st century and the importance of extending those connections to all Americans.

In this final installment of the "Build Back Better with Biden FCC", we look at the broad sweep of other—yet no less important—issues which the Federal Communications Commission must deal with as the deciding actor including:

As a Commissioner during the Trump administration, Federal Communications Commission Acting Chairwoman Jessica Rosenworcel called out the disarray resulting from the lack of a national spectrum policy. “We are heading into our wireless future with something less than a fully coordinated effort,” she warned. The Biden administration has not repeated the failure to prepare with transition planning.

The ongoing challenge of regulatory oversight in an era of rapid technological change is to maintain the flexibility to deal with unanticipated developments. What is essential for the future of meaningful net neutrality, therefore, is the agility to adjust to new technology and new marketplace behaviors.

The digital divide and internet equity is more about consumer adoption than it is about network deployment. This paper addresses the adoption problem, how it has been exacerbated by the Trump Federal Communications Commission, and how the Biden FCC will be called upon to think anew and reprioritize in order to connect more Americans. Trump FCC systematically and stealthily worked to weaken the Lifeline program. The Biden FCC’s Build Back Better opportunity for broadband access for low-income Americans has multiple opportunities to reverse that neglect.