Competition/Antitrust

President Biden has yet to nominate anyone to fill a vacant seat at the Federal Communications Commission. What's more, the term of current Acting Chairwoman Jessica Rosenworcel is set to expire when Congress adjourns at the end of 2021. It adds up to a possible Republican majority on the FCC under a Democratic administration, which could stymie the party's efforts on a number of policies including net neutrality standards. Currently, the FCCis deadlocked with two Democratic commissioners, Rosenworcel and Geoffrey Starks, and two Republicans, Brendan Carr and Nathan Simington.

Federal Trade Commission Chair Lina Khan appointed Holly Vedova as Director of the agency’s Bureau of Competition and Samuel A.A. Levine as Director of the Bureau of Consumer Protection. Vedova and Levine have been serving in their roles in an acting capacity since June 2021. 

Ofcom, the media and telecommunications regulator for the United Kingdom, has introduced a new service to make it easier for customers to switch broadband supplier to get a better deal. Ofcom hopes that the new process, One Touch Switch, will encourage people to seek out better deals after research found that more than two-fifths of people were put off switching broadband suppliers because of the hassle.

Federal Trade Commission Chair Lina Khan laid out her strategic approach and vision in a memo to FTC staff. Khan's five principles stated the FTC needs to:

T-Mobile unveiled plans to expand into rural markets with 5G for mobile and home internet service. The company no longer comes from the position of being a scrappy upstart, or the fourth-largest national carrier. It’s now the second-largest operator in the US, and is leveraging its acquisition of Sprint to set its sights on smaller and rural markets as part of its expansion.

The Wireless Internet Service Providers Association (WISPA) has sent a letter to the governors of all 50 states asking them to ignore a prohibition against using American Rescue Plan Act (ARPA) broadband funding for fixed wireless deployments. The prohibition is included in the interim rules issued by the US Treasury for $350 billion in ARPA funding directed to state and local governments.

Comcast hasn’t been shy about touting its network investments on the road to DOCSIS 4.0, but CEO Brian Roberts argued its efforts to innovate around devices and services are also a key part of its plan to fend off broadband competition. Roberts observed that the way consumers use broadband today is “virtually unrecognizable” from ten years ago and said the pace of change is likely to accelerate.

Small wireless carriers expressed dissatisfaction and concern about several aspects of their business at the Competitive Carriers Association (CCA) Annual Convention. They’re concerned that digital-divide money will all go toward fiber, that Universal Service Funds (USF) are drying up, that their spectrum needs are being ignored, and that they’ve missed the boat on private wireless.

Although he’d be all for it, former Federal Communications Commission Chairman Tom Wheeler is doubtful that a new spectrum screen would be implemented anytime soon, including before upcoming 5G mid-band spectrum auctions. AT&T filed a petition in September 2021 asking the FCC to establish a mid-band spectrum screen, pointing to T-Mobile’s vast 2.5 GHz mid-band spectrum holdings thanks in large part to its merger with Sprint.