Benton Foundation

The Federal Communications Commission’s 2018 Restoring Internet Freedom (RIF) Order reclassified mobile broadband Internet access service from a commercial mobile service to a private mobile service, largely by ignoring the integration of the Internet with the telephone network.  This reclassification gave the FCC the license to repeal the 2015 net neutrality rules for mobile broadband service. How did this FCC get to the conclusion that the most important public mobile service of our time is a private mobile service?

A legend is leaving the Federal Communications Commission as the new year begins. Her name is Karen Peltz Strauss. Some of you may not have heard of her, but to the nation’s disabilities communities, she is a hero. She achieved this status the old-fashioned way. She earned it. In over 40 years in Washington, I have been privileged to work with many brilliant public servants. Karen Peltz Strauss is in the top-most tier of these incredibly able people.  Her star shines brightly in the public service firmament. She came to the agency with a goal, she never wavered from that goal, and she achie

Benton Foundation Executive Director Adrianne B. Furniss announced that former Federal Communications Commissioner and Acting Chair Mignon L. Clyburn has joined the foundation’s Board of Directors effective January 1, 2019. 

Nominated by President Barack Obama, Clyburn served as an FCC Commissioner from August 2009 until June 2018, and as Acting FCC Chair from May 20, 2013 through November 4, 2013. While at the FCC, Clyburn was a champion of diversity in media ownership, an advocate for the reform of Inmate Calling Services, and a staunch defender of a free and open internet.

On Nov 27, the Senate Commerce Committee’s Subcommittee on Consumer Protection held an oversight hearing on the Federal Trade Commission. The hearing examined the FTC’s “priorities in promoting competition and consumer protection, the ongoing innovation hearings and how changes in technology impact the agency, and whether the FTC should have expanded authority with respect to privacy and data security.” In other words -- is the FTC doing a good enough job? And if not, what needs change?

On Nov 14, the New York Times detailed Facebook’s multi-pronged campaign to “delay, deny and deflect” efforts to hold the company accountable. This is far from the first time we’ve read disturbing accounts of Facebook’s unethical behavior, but this week the Times peeled back the curtain on the company’s crisis management techniques, public relations tactics, efforts to influence lawmakers, and aggressive lobbying. The peak at these practices helps explain why the social media giant has been so successful at avoiding meaningful regulation.

The purposes of antitrust law can be broad; the mechanism of antitrust is legal. This is the core of Brandeis’s approach—to find enforceable legal standards that identify harmful industrial conduct in a manner that vindicates social and democratic values through the careful delineation of institutional roles. That job was made easier because Louis Brandeis subscribed to the view that these social and democratic values were all threatened by monopoly; thus by focusing on the practicalities of competition, antitrust statutes could advance broader societal interests as well.

Rural broadband got an upgrade this week. The U.S. Department of Agriculture (USDA) is investing $91 million in broadband infrastructure. As Benton readers know, broadband access in rural areas is a huge challenge: according to the Federal Communications Commission, 80 percent of the 24 million American households who lack reliable, affordable, high-speed internet access are in rural areas. The USDA has been investing in rural telecommunications infrastructure for decades.

I believe that Louis Brandeis’ progressive framework can help us navigate the future of antitrust:

The midterms just completed (except for recounts) were historically important, and in this critical time for our democracy, we must try to make some sense of where we are.  The bad news is split government; the good news is split government.

Tuesday, Nov 6 was Election Day in the United States. At the national level, Republicans kept control of the US Senate, while Democrats won enough seats to win control of the US House of Representatives.  At Headlines, we keep a close eye on two key Congressional committees because of their jurisdiction over many telecommunications issues and oversight of the Federal Communications Commission: 1) the Senate Commerce Committee and 2) the House Commerce Committee's Communications and Technology Subcommittee. What did we learn about the new Congress?