Regulatory classification

More than three years ago, Jessica Rosenworcel could only react in horror as her Republican counterparts on the Federal Communications Commission voted to repeal the US government’s net neutrality rules. Now, Acting FCC Chairwoman Rosenworcel controls the very commission she once criticized for failing to heed the public’s outcry.

President-elect Joe Biden is set to have a very different relationship with the tech industry from when he served as vice president. Tech companies have grown more powerful over the past four years — and more perilous. They have continued to amass data and wealth. But they have been used as tools for election interference and disinformation, contributing to the divide in the nation.

I’d like to walk you through four of the most challenging calls I had to make over the past four years: The Restoring Internet Freedom Order, designating the Sinclair/Tribune transaction for a hearing to resolve the disputed issues, granting Ligado's wireless application with conditions, and organizing 5G/C-Band auctions. 

During the COVID-19 pandemic, the necessity of broadband became incontrovertible. Attending school, working from home, visiting a doctor, and accessing government services all relied on reliable broadband connections. For many, bridging the digital divide emerged as an even-more-urgent priority. We’ve tracked the stories that best explain the complexities of the digital divide and the crucial policy responses. Here’s our list. 

• Net Neutrality: A Democratic Federal Communications Commission will likely first move to reclassify broadband as a service under Title II of the Communications Act. That will allow it to restore rules requiring Internet service providers to treat all internet traffic equally, and take other actions to regulate broadband providers’ business practices amid the Covid-19 pandemic. 

 A new empirical study of net neutrality regulations in 32 Organisation for Economic Co-operation and Development (OECD) countries found that the regulations suppress broadband subscriptions and investment in fiber optics. What’s the bottom line? If the Joe Biden administration is serious about following science, it won’t try to resuscitate net neutrality. And hopefully Federal Communications Commission Chairman Ajit Pai’s investment in economics at the FCC will lead a Biden FCC to be more evidence-based in its decision-making than the last Obama FCC.

As Federal Communications Commission Chairman Ajit Pai prepares to step down on Jan. 20, there are more than a few lessons the incoming Biden administration could learn from his tenure at the agency.

Urged on by broadband giants such as Charter Communications, Senate Majority Leader Mitch McConnell (R-KY) is pushing to confirm a Republican to the Federal Communications Commission. However, Majority Leader McConnell’s goal seems to extend further: creating a deadlocked Biden FCC 2–2, then blocking confirmation of a third Democrat. What Majority Leader McConnell intends as a gift to his corporate patrons could turn into a nightmare for them.

Jeff McElfresh, CEO of AT&T Communications, described AT&T's broadband policy goals. He said Congress should act to directly fund the Universal Service Fund, changing the funding mechanism since the contribution factor — the percentage of voice revenues that goes toward USF — is on track to exceed 30% for the first time. Other AT&T broadband policy recommendations outlined:

An old battle over who governs the internet will likely reignite as Democrats take control of the Federal Communications Commission following the inauguration of Joe Biden. Reinstating Obama-era net neutrality rules thrown out under the Trump administration will likely be a top priority for the agency, experts say. At stake in this battle is who, if anyone, will police the internet to ensure that broadband companies aren't abusing their power as gatekeepers. Supporters of net neutrality say rules are necessary to ensure broadband companies aren't abusing their power as gatekeepers.