Three cheers for the chairman

[Commentary] It’s the time of year for giving thanks and spreading cheer. In this spirit, I would like to offer three cheers for FCC Chairman Wheeler.

It is still early in his term, but it is fast becoming clear that he is poised to do great things in his time at the commission’s helm. My first cheer: He understands competition, the need for regulatory humility, and the paramount importance of the consumer. My second cheer follows from the idea of regulatory humility: the chairman’s leadership in lifting the FCC’s ban of cellphone on airplanes -- and, in particular, his refusal to bend to concerns that consumers have expressed about the potential annoyance of being subjected to their fellow passengers’ conversations. My third cheer for Chairman Wheeler is for his refusal to get things wrong -- as seen by his decision to delay the incentive auction proceeding and withdraw former Chairman Genachowski’s proposed media ownership rules. Both of these are important proceedings which should be completed expeditiously. But, lamentably, both have been beset by serious problems -- and more important than getting them done is getting them done right.

[Hurwitz is an assistant professor at the University of Nebraska College of Law] [Dec 24]