Competition/Antitrust

In Washington, DC, today, policymakers, public interest advocates and nonprofits, researchers, and the business community are gathering for the 2020 State of the Net Conference. Hosted by the Internet Education Foundation, State of the Net explores important, emerging trends and their impact on internet policy.

In 2020 and beyond, my principal focus will be ensuring that our communications networks and technologies support security, privacy, and our democratic values. Internet inequality is a persistent problem that is only growing in urgency. Low-income people, people of color, and people in rural areas either aren’t getting online or are making great sacrifices to get connected. For example, according to a Pew Research study, only 45 percent of adults with incomes under $30,000 have broadband at home. Solving this problem is a moral imperative.

At least two rural service provider groups have voiced opposition to the Federal Communications Commission’s decision to add a new 50/5 Mbps speed tier to the bidding categories for the proposed Rural Digital Opportunity Fund (RDOF). Both NTCA – The Rural Broadband Association and the National Rural Electric Cooperative Association (NRECA) argue that adding the new speed tier creates two speed tiers that are below the average broadband speed already experienced in urban areas. The FCC is scheduled to vote Jan 30 on whether to adopt the RDOF order.

Municipal broadband networks can have a positive impact on their communities. Municipal networks, often managed and operated fully or partially by local governments, exhibit a high level of responsiveness to consumer needs and lower prices than larger internet service providers such as AT&T and Comcast.

Americans in low-income neighborhoods and rural areas get slower broadband speeds even though they generally pay similar monthly prices as their counterparts in wealthy and urban areas. The country’s biggest broadband provider charges more in markets without competition. Most people don’t have a choice. These are among the findings of an analysis of America’s internet bills.

Conventional wisdom says a town with less than 200 people wouldn’t have the resources to establish and maintain high-speed Internet for its residents. But Mount Washington, located in Berkshire County (MA) contradicted such wisdom in Nov 2017 when it activated its municipal fiber broadband service.  From one angle, the case of Mount Washington is a miracle.

Nearly half of Americans do not have an internet connection that meets minimum broadband speeds. Moreover, a staggering number of poor people of color do not have home internet access of any kind. And, across the board, Americans are charged some of the highest prices for internet service in the developed world. These are all symptoms of a much larger, structural problem: the corporate capture of the pipes, wires, and other infrastructure that powers the internet.

An email app developer says it has uncovered new data that suggests Apple has long been suppressing the rankings of apps in the App Store that compete with Apple’s own offerings, according to new court filings by the developer, which sued Apple in October for patent infringement and antitrust violations. Blix, which developed the BlueMail app, made the discovery only when Apple’s rankings suddenly changed in its favor.

The debate over what constitutes high-speed broadband has heated up as the Federal Communications Commission collects comments for its next report to Congress on the state of broadband availability. At stake is whether the FCC gets to regulate broadband to ensure it meets Congress’s goal of universal service.