Tom Wheeler

Sinclair Broadcasting has a right to establish that that they did not engage in “misrepresentations and/or lack of candor”—an assertion by the Federal Communications Commission—in matters related to its $3.9 billion acquisition of Tribune Media. The FCC has designated the matter for an administrative hearing before an administrative law judge. That hearing must go forward. The character of the licensee is an important component in determining whether the party is a fit trustee for the public’s airwaves.

It is heartening to see the Federal Communications Commission’s unanimous decision to designate the $3.9 billion Sinclair Broadcasting acquisition of Tribune Media for administrative review. Although unaccustomed to praising the Trump FCC, I believe this is an excellent decision. What happens next is worrisome, however, especially since President Donald Trump decided to tweet about the FCC’s decision. The tweet would seem to signal to Sinclair not to withdraw the transaction (a typical reaction to a designation for a hearing).

The Antitrust Division of the Justice Department appears to have put its thumb on the scale in the ongoing battle between the Walt Disney Company and Comcast over the assets of 21st Century Fox. On June 27, the division approved the transfer to Disney (with conditions) despite the fact Comcast was still bidding. Disney had previously argued to the Fox board of directors that their merger faced less regulatory risk than Comcast’s. The Disney-Fox combination would produce a larger horizontally-integrated company and one that would typically pose the greater risk.

Less than a month after the European Union instituted rules to protect the privacy of its citizens, the United States Supreme Court took an important step to protect Americans against unwarranted government intrusion in criminal investigations. Now it is time for another branch of government—the Congress—to act to protect our privacy the rest of the time. June’s decision in Carpenter v. U.S. (16 U.S. 402) focused on the government’s access to private information.

The Trump Federal Communications Commission has been working diligently since its first moments in office to help Sinclair expand its political messaging. By rewriting the rules governing local broadcasting, the Trump FCC is allowing Sinclair to turn supposedly “local” television operations into a coordinated national platform for the delivery of messages. Local television stations were licensed to multiple firms to promote a diversity of viewpoints. Using the public airwaves was supposed to deliver diverse editorial content and news coverage.

[Commentary] In a few days, the nations of the European Union take the first step to establish a New Digital World Order when the General Data Protection Regulation (GDPR) goes into effect on May 25. For the first time, government has stepped in on a comprehensive basis to oversee the unregulated collection of personal information through the internet. Unfortunately, it is not the United States of America that is leading the world in protecting personal rights. Instead, the Old World is leading the New World.

[Commentary] The proposed merger between Sprint and T-Mobile once again focuses the nation’s attention on next generation 5G wireless service. Burdened with the fact that the current vibrant competition among four wireless companies has benefited consumers greatly (decreasing prices by 13 percent in the last year alone), the companies assert that their merger will accelerate the deployment of 5G. The “China is winning on 5G” argument of Sprint and T-Mobile is creative, and probably  the only rationale they could concoct after the government twice before rejected their proposal to reduce nat

[Commentary] Network news is nationally scripted for a national audience. The New York-based networks such as ABC, CBS, Fox and NBC feed common fare to all their affiliates. That is precisely why broadcasting policy – until the Trump Federal Communications Commission – has expected those local affiliates to use the medium for local news and information. Sinclair’s broadcast licenses mandate the provision of local services, not a de facto new national network with pre-scripted national messages.

[Commentary] What matters is not whether internet companies “deserve” our private information but why we as consumers do not have meaningful ways to protect that data from being siphoned for sale in the first place. The American government has done little to help us in this regard. The Federal Trade Commission merely requires internet companies to have a privacy policy available for consumers to see. A company can change that policy whenever it wants as long as it says it is doing so.

[Commentary] With the Department of Justice (DOJ) litigation to stop the AT&T-Time Warner merger set to go to trial on March 19, it is revealing to compare different views about network power from the agency’s perch on the north side of the National Mall with those of the Federal Communications Commission (FCC) on the other side.