Brookings

The logic between “regulatory risk” and antitrust review of media mergers

The Antitrust Division of the Justice Department appears to have put its thumb on the scale in the ongoing battle between the Walt Disney Company and Comcast over the assets of 21st Century Fox. On June 27, the division approved the transfer to Disney (with conditions) despite the fact Comcast was still bidding. Disney had previously argued to the Fox board of directors that their merger faced less regulatory risk than Comcast’s. The Disney-Fox combination would produce a larger horizontally-integrated company and one that would typically pose the greater risk.

Under the radar: The Supreme Court decision Brett Kavanaugh is most likely to overrule

Judge Brett Kavanaugh, President Trump’s nominee to replace retiring Supreme Court Justice Anthony Kennedy, is less likely to override Roe v. Wade than to rein in the agencies at the heart of the modern administrative state. Here’s why. In 1984, the Supreme Court decided in Chevron v. NRDC that unless Congress has spoken clearly on the subject of a regulation, the courts should defer to an agency’s decision as long as it is reasonable, even if the courts would have reached a different interpretation. Whenever a statute is ambiguous, the agency enjoys wide discretion.

Put the damn paper out: Why the newsroom is a bedrock of American democracy

[Commentary] The newsroom is the defining institution of journalism and a miracle of social organization.

How to build 5G networks in the US

The higher speeds of fifth-generation (5G) wireless networks will enable connected cars, telemedicine, and the broader internet of things. Preparing for next-generation networks and their many applications will require upgrading existing wired infrastructure and freeing up wireless spectrum.

A shameless effort to consolidate control of local broadcasters

The Trump Federal Communications Commission has been working diligently since its first moments in office to help Sinclair expand its political messaging. By rewriting the rules governing local broadcasting, the Trump FCC is allowing Sinclair to turn supposedly “local” television operations into a coordinated national platform for the delivery of messages. Local television stations were licensed to multiple firms to promote a diversity of viewpoints. Using the public airwaves was supposed to deliver diverse editorial content and news coverage.

The FCC and cities: The good, the bad, and the ugly

The Federal Communications Commission's Broadband Deployment Advisory Committee (BDAC) suffers from significant failures of design and execution. Due to these failures, I expect the BDAC and the FCC will adopt a framework in which industry gets all the benefits with no obligations, and municipalities will be forced to bear all the costs and receive no guaranteed benefits.

A case against the General Data Protection Regulation

The effects of the European Union's General Data Protection Regulation (GDPR) will spread beyond the EU. Since the requirements cover all data collected from EU citizens, American corporations that do business in the EU or with EU partners will have to comply with the GDPR. Changing data collection, sharing, and analysis processes places significant financial burdens on business. For example, businesses cannot transfer an individual’s data out of the EU unless they have obtained explicit consent and have put adequate safeguards in place to ensure the security of transfer.