Agenda

A favorable presidential tweet and a court win on a crucial Federal Communications Commission regulatory loophole may have buoyed Sinclair Broadcast Group as the conservative broadcaster faces the daunting prospect of a lengthy administrative hearing over its Tribune merger. But the “lack of candor” the FCC flagged when it sent the deal for review could dog the company beyond the transaction (Sinclair didn’t offer complete information about its ties to entities picking up stations it planned to spin off in connection with the deal, the agency contends).

The Senate Commerce Committee took a deep dive into various government and industry efforts to make more spectrum available for 5G. Helping focus the hearing were two bills currently working their way through Congress, the SPECTRUM NOW and AIRWAVES Act. "Identifying spectrum resources not just for the next three years, but for the next 10 years and beyond is essential if we are to retain American leadership," said Senate Commerce Committee Chairman John Thune (R-SD). Craig Cowden, SVP of wireless technology for Charter, put in a plug for its Wi-Fi mobile broadband play.

The House Communications Subcommittee held a long-delayed Federal Communications Commission oversight hearing July 25. Notably, FCC Chairman Ajit Pai stood by the FCC's decision to designate the Sinclair-Tribune deal for hearing. Full House Commerce Committee Ranking Member Frank Pallone (D-NJ) took the lead in pressing Chairman Pai on President Donald Trump's tweet criticizing the FCC for not approving the Sinclair-Tribune deal and his suggestion there was a need for a conservative voice like Sinclair's.

It is heartening to see the Federal Communications Commission’s unanimous decision to designate the $3.9 billion Sinclair Broadcasting acquisition of Tribune Media for administrative review. Although unaccustomed to praising the Trump FCC, I believe this is an excellent decision. What happens next is worrisome, however, especially since President Donald Trump decided to tweet about the FCC’s decision. The tweet would seem to signal to Sinclair not to withdraw the transaction (a typical reaction to a designation for a hearing).

In my previous post, I highlighted four reasons why the U.S needs a unified policy framework for an open Internet ecosystem: 1) lack of competition/incentive and the ability to discriminate; 2) collection of and control over personal data; 3) lack of transparency; and 4) inadequacy of current laws and enforcement. Many of these problems can be addressed with targeted legislative and regulatory interventions.