Regulatory classification

AT&T is promising to spend an additional billion dollars in 2018 if Congress slashes its tax bill for the next 10 years or more, and the company isn’t making any promises beyond that. This extra billion in investment would cost the rest of us at least $50 billion over the next decade. That’s a literal steal for AT&T and its shareholders. Put another way: For the $50 billion this corporate tax break would cost us for AT&T alone, the government could pay to have fiber-to-the-home built to every single AT&T-covered household that doesn’t yet have it.

Barry Diller, chairman of edge provider IAC (ask.com, The Daily Beast, and Angie's List, among many others) told CNBC he doesn't care what the Federal Communications Commission does or doesn't do about network neutrality because he doesn't think that neutrality can now be violated. Tasked to weigh in on the issue given the Trump Administration pledge to roll back Title II -- FCC Chairman Ajit Pai is expected to proposed that rollback soon. "I think it is over," he said. "I don't care what they do about net neutrality. It is [the] practice of the world," he said.

The National Hispanic Media Coalition filed an Application for Review (AFR) to the Federal Communications Commission’s (FCC), Office of the General Counsel (OGC) seeking review of the letter dated September 14, 2017 stating that the FCC was producing its “final production of documents” in response to NHMC’s FOIA requests filed in early May 2017.

[Commentary] Congress doesn’t need to legislate on Net Neutrality. What it needs to do is rein in Federal Communications Commission Chairman Ajit Pai and the Trump FCC and get them to enforce the laws and rules already on the books. Of course, I’m not so naive to think that Pai isn’t going to go forward with a vote to take away Title II and probably erase the rules altogether as soon as December. But that won’t be the last word. Given the arbitrary and capricious way the agency has proceeded, I like our chances in court.

House Judiciary Committee Chairman Bob Goodlatte (R-VA) wants to repeal the current net neutrality rules — even if it takes amending antitrust law. But economist Hal Singer says that’s not the solution. While antitrust law has typically sought to address “concrete harms” like price increases, it hasn’t recognized what he calls “mild forms of discrimination.” That includes an ISP prioritizing one set of internet content over another to promote its own interests to the detriment of its competitors.

The Federal Communications Commission’s Restoring Internet Freedom Notice of Proposed Rulemaking has generated an unprecedented number of comments, reply comments, ex parte filings, and other filings in the official record of the proceeding. To facilitate a review of the record, WC Docket No. 17-108, the FCC is making all filings submitted as of November 3, 2017 available via download. Parties interested in exploring the docket are encouraged to use these downloads. These downloads contain a complete set of filings submitted as of November 3, 2017.

[Commentary] While news reports overflow with examples of the Trump Administration pulling back on oversight of business, they’re missing the story in one key area: the administration’s aggressive move to restore Federal Trade Commission power to police the internet. While the Federal Communications Commission is charged with protecting the public interest, it ultimately lacks the staff, resources, and statutory authority needed for a true on-the-ground, national consumer protection effort.

The Federal Communications Commission is intervening in a court case in order to help Charter Communications avoid utility-style consumer protections related to its phone service in Minnesota. The FCC and Charter both want to avoid a precedent that could lead other states to impose stricter consumer protection rules on VoIP (Voice over Internet Protocol) phone service offered by cable companies. The FCC has never definitively settled the regulatory status of VoIP.

Comcast and Verizon have both asked the Federal Communications Commission to make clear that the FCC's new policy on network neutrality — which could be put to a vote as early as Dec — will preempt state and local regulations that might read differently. The request marks the industry's latest step to weaken federal rules that regulate broadband companies like legacy telephone companies. The broadband industry fears that even if the FCC succeeds in deregulating, states could take steps “countermanding” the federal agency's decision, according to the Verizon white paper.

[Commentary] In a few weeks, it is widely expected that the Federal Communications Commission will release a draft order reversing the Obama Administration’s controversial 2015 decision to reclassify broadband internet access from a lightly-regulated “information” service under Title I of the Communications Act to a heavily-regulated common carrier “telecommunications” service under Title II of that same Act. As with the original 2015 decision, a court appeal of this policy change is a virtual certainty. Yet, even though the DC Circuit in USTelecom v.