Competition/Antitrust

I was General Counsel of the Federal Communications Commission when it sought the preemption of state laws in Tennessee and North Carolina that limited the ability of municipalities to promote broadband. We failed in that effort, but the case laid out the key facts. The FCC found that the provision of municipal broadband in Chattanooga, Tennessee, led to lower rates, increased investment, and improved service from an incumbent broadband provider.

Historically, privacy was about protecting aspects of your life from being shared with people in your life you didn’t want to know that information. The use of data to manipulate me into purchasing something I don’t need is a very different kind of harm than the old privacy concerns about unwanted disclosure. In the context of corporate data collection, a continued focus on unwanted disclosure is only a small piece of the puzzle.

In 1999, Yakutat (AK) became home to one of Alaska’s first surf shops. Now, two decades later, the coastal community of 600 people is looking at another first for the community — high-speed Internet access. Cordova Telecom Cooperative (CTC) will be expanding its broadband network to Yakutat from the co-op’s headquarters 220 miles away in Cordova (AK). Already, CTC offers wireline and mobile connectivity in and around Cordova.

On Feb 28 the Federal Communications Commission voted to approve a new order paving the way for the expanded use of “white space broadband,” a promising technology that uses the spectrum freed from the shift to digital television to beam broadband into traditionally harder to reach rural areas. In 2017, Microsoft announced an ambitious plan to bring the technology to more than 2 million rural Americans across a dozen states by July 2022.

In the last quarter of every even numbered year, the Federal Communications Commission must publish a Communications Marketplace Report that, among other things, assesses the state of competition in the communications marketplace, including competition to deliver voice, video, audio, and data services among providers of telecommunications, providers of commercial mobile service, multichannel video programming distributors, broadcast stations, providers of satellite communications, Internet service providers, and other providers of communications services. In assessing the state of competiti

Less competition almost always means diminished service and higher prices. Telecom companies, seeing how the wind is blowing, are responding to the rise in streaming services by jacking up prices for broadband internet access. I get that pay-TV companies are sticking it to customers in part because their programming costs keep soaring. I also see how, from a purely business standpoint, if one part of your business is growing and another is declining, you increasingly rely on the growing part for profit.

The California Advanced Services Fund (CASF), a program launched in 2008 to connect all Californians to high-speed Internet, was an early success. It helped build middle mile open access fiber to hard-to-serve communities and delivered high-speed access to areas that never had Internet. It funded fiber-to-the-home to public housing, ensuring low income users had the same high-speed access that wealthy neighborhoods had. And it was rapidly closing the digital divide that low income urban and rural Californians faced, due to years of neglect from incumbent Internet Service Providers (ISPs).

North Dakota has fostered a tech sector thanks in part to being one of the most connected states in the country — a giant feat considering it’s also one of the most rural. “We realized that for us to be competitive, we had to have that connectivity,” says Doug Burgum, who was president of Great Plains Software when it was bought by Microsoft and is now governor of the state. 

The North Carolina Department of Information Technology (NCDIT) shared data indices that shine a light on the state of broadband access, adoption, and how the digital divide plays out across the state. The indices look at county-level data and reveal a variety of factors. Some results are a stark reality that the digital divide has widened as technology in some regions has advanced — such as indicators that show people have only DSL service and no Internet access at all juxtaposed against those communities where a majority of folks subscribe to available fiber optic connectivity. 

The Federal Communications Commission’s Office of Economics and Analytics (OEA) released updated data showing that from December 2016 to December 2018, the number of Americans without any options for at least 250/25 Mbps fixed terrestrial broadband service plummeted by 74%, from 181.7 million to 47 million. And during that same time period, the number of Americans with no options for at least 25/3 Mbps fixed terrestrial broadband service fell by 30%, from 26.1 million to 18.3 million.