Benton Foundation

On Dec 6, the US Census Bureau released the 2013-2017 American Community Survey (ACS) five-year estimate including data on internet subscription rates. The new data provide powerful insight into the inequity of US broadband adoption, especially among neighboring counties. But the research also re-emphasizes the necessity for more accurate broadband maps.  At Benton, our goal is to bring open, affordable, high-capacity broadband to all people in the U.S. to ensure a thriving democracy. Accurate broadband maps are one necessary step towards realizing this vision. 

Today we mark a trifecta of governmental malfeasance: last year, the FCC’s majority ignored bipartisan public support for the net neutrality protections the Commission adopted in 2015; it displayed a flawed and factually inaccurate understanding of Internet technology, and it misinterpreted U.S. communications law. Last year, Benton promised that net neutrality was not dead and predicted wins at both ballot boxes and in the courts. In November, the American public overwhelmingly backed candidates that support net neutrality.

The lack of affordable broadband access in the US has resulted in large-scale educational inequities especially in rural areas where 31 percent of Americans have no choice of broadband providers. For many years, Educational Broadband Service (EBS) licensees have been dedicated to helping solve these inequities, but a proceeding at the Federal Communications Commission is putting these services at risk. EBS licensees are accredited educational institutions (or nonprofits focused on serving the needs of accredited educational institutions).

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?

The FCC ruled that there are substantial and material questions as to whether Sinclair is qualified to be a broadcast licensee. There is only one way to resolve these questions in a transparent manner that allows public participation: a hearing on the renewal of Sinclair’s broadcast television licenses.

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.