The FCC and Consumer Protection

[Commentary] Both the public and the Congress have expectations that the Federal Communications Commission will operate as a sort of consumer protection agency in the telecom space. I personally agree that it makes sense for the FCC to have such a role. But the agency’s underlying statutes are not designed for that. Instead, the laws are largely intended to police a now-vanished Bell System monopoly by protecting Company A against misconduct by Company B instead of simply protecting consumers against misconduct by any company. This creates a disconnect between the demands on the agency and the legal authority it has to meet those demands. This dilemma has occasionally caused the FCC to look for ways to do what Congress and the public clearly want despite a lack of clarity in the law. The proper answer is for Congress to reexamine the Telecom Act, including what the mission of the FCC should be in the 21st century, and then provide them with the legislative tools to perform that mission.