A Tale of Two Commissioners

[Commentary] What a difference six years makes. A crucial federal agency that once seemed powerless is now empowered. I am talking about the Federal Communications Commission, which has emerged from a period of vacillation into a body that makes decisions and backs them up. And though there are multiple factors that made this happen, ultimately, this is a tale of two commissioners. One seemed the perfect advocate for strong regulation of Internet access to the benefit of consumers, an entrepreneur and tech executive who had the President’s ear (they even played basketball together!). And the other was regarded with suspicion among the open-Internet crowd  --  because he was once the chief lobbyist for the cable industry. Guess which one stood up for the public.

What accounts for this difference between 2009 and 2015? Part of the answer is that President Barack Obama is in his second term and his administration is looking for executive actions that can move the needle for the country; the FCC, although an independent agency, can read the President’s speeches like everyone else, sense the change in the wind, and act accordingly. But a major reason for the transformation is the role being played by FCC Chairman Tom Wheeler. Because he knows these industries well from his decades of experience, Chairman Wheeler’s nomination in May 2013 was greeted with dismay by many people in the public interest community. But it turns out that knowing what’s going on can be a plus. And character makes a big difference: once he decides he’s ready to move, Chairman Wheeler is the happy warrior. He is strong, he speaks with conviction, he cheers on his staff, and he follows up his speeches with action. Most importantly, he genuinely cares  --  he can get pretty sappy on the subject  --  about the consequences of telecommunications policy decisions for the country.

[Susan Crawford is co-director of the Berkman Center for Internet & Society at Harvard University]