Internet/Broadband

[Commentary] Scrapping the Federal Communication Commission’s (FCC’s) net neutrality rules will harm consumers and content creators, and the Federal Trade Commission (FTC) isn’t going to be able to stop it.  As a commissioner at the FTC, I can vouch for the fantastic competition and consumer protection work our small agency does with its dedicated and hardworking staff. There are many things it is equipped to do well. But protecting the open internet is not one of them. The FTC does not have specialized expertise in telecommunications.

The Federal Communications Commission docket for its repeal of network neutrality rules is missing something: more than 50,000 complaints that Internet customers have filed against their Internet service providers since the rules took effect in 2015. The National Hispanic Media Coalition (NHMC) was able to obtain the text of net neutrality complaints from the FCC via a public records request but says it has not been able to convince the FCC to include them in the repeal docket.

Diversity groups supporting Federal Communications Commission Chairman Ajit Pai's network neutrality rule rollback have been meeting with FCC officials to make sure that those diverse interests continue to be protected and advanced in a new net-neutrality enforcement regime. 

Thank you to the International Institute of Communications (IIC) for the opportunity to be here for the last Telecommunications and Media Forum of the year.

For the past year, we have been very active as we modernize our rules and remove burdensome regulations that deter innovation and investment. Our goal is simple: to extend what I call “digital opportunity” to every American. In my view, every American who wants high-speed Internet access should be able to get it. 

Following backlash over the agency’s plan to scrap rules ensuring that service providers treat all internet data the same, Federal Communications Commission Chair Ajit Pai unveiled a premium comment line to fast-track net neutrality complaints, which may be purchased for $49.99 per month.

While I fundamentally disagree with the merits of the Federal Communications Commission’s [net neutrality] proposal, what is equally concerning is the lack of integrity to the FCC’s process that has led to this point.

To review, the FCC has held zero public hearings. The FCC has knowingly maintained a system that has already been corrupted and is susceptible to abuse. This has led to the following problems:

While the Federal Communications Commission said it has 18,000 carrier responses to network neutrality complaints, the National Hispanic Media Coalition says it has only received 823 pages worth. 

"The FCC has not produced any additional documents since we filed an Application for Review [on November 14]," said NHMC Special Policy Advisor Gloria Tristani. Besides carrier responses, "we are missing other documents as well, such as attachments to consumer complaints, consumer rebuttals, etc." The FCC has not explained why it didn't provide those documents, according to the NHMC.

New York Attorney General Eric Schneiderman and Commissioner Jessica Rosenworcel of the Federal Communications Commission said that widespread irregularities tied to network neutrality feedback, including at least 1 million phony comments, have tainted the public commenting process. The allegations are buttressing a campaign by online activists and government officials who oppose the FCC's plan to dismantle net neutrality rules.

The Federal Communications Commission will move ahead with its vote to kill network neutrality rules Dec 14 despite an unresolved court case that could strip away even more consumer protections. FCC Chairman Ajit Pai says that net neutrality rules aren't needed because the Federal Trade Commission can protect consumers from broadband providers. But a pending court case involving AT&T could strip the FTC of its regulatory authority over AT&T and similar ISPs.

Summer 2017, the West Virginia state legislature decided to take some leftover funds for water and sewer projects and reinvest it in another essential public utility: the internet. These funds were evidently needed, because half of all counties in the state—27 of 55—have already applied for a piece of the pie.