Upcoming policy issue

Network carriers are exploring nascent technology that would allow them to better and more quickly deliver certain apps and services on their network—but this technology, known as network slicing, could potentially run afoul of net-neutrality regulations. In the current model, all data traffic from phones is typically funneled through the same network. Carriers are able to prioritize the voice calls that they handle on that network, but they rarely have visibility into what else users are doing through other apps.

The Federal Trade Commission recently proposed rules that would stop businesses from charging hidden fees. The agency estimates that junk fees cost consumers tens of billions of dollars per year. The new rules would prohibit companies from jacking up bills with hidden and bogus fees and instead require that businesses clearly disclose their fees to customers.

In October 2023, the Biden Administration called on the Federal Communications Commission to implement provisions of the Infrastructure Investment and Jobs Act. The FCC will vote on Nov 15 on new rules; I oppose the plan for several reasons:

Charles Dickens opened A Tale of Two Cities writing that “It was the best of times, it was worst of times”. Therein may lie some helpful context for understanding where our country finds itself today. I don’t propose to cover the entire issues waterfront in this brief piece, but will instead focus on a few of the things I see dragging our country and our government down today. For the purposes of this essay, I will include telecommunications and media, Congress, and the courts. To start off on the positive, there’s some really good news at the Federal Communications Commission (FCC).

The NTIA Reauthorization Act of 2023 (H.R. 4510) would authorize the appropriation of $62 million for fiscal years 2024 and 2025 for the National Telecommunications and Information Administration (NTIA) to carry out its operations. The bill would codify some existing responsibilities and programs of the NTIA, such as the Office of Public Safety Communications and the Office of International Affairs. H.R. 4510 also would require the NTIA to carry out other responsibilities including a cybersecurity literacy campaign and studying the cybersecurity of mobile service networks.

Fans of Title II-based network neutrality rules are once again flooding the Federal Communications Commission’s net neutrality comment docket with identical calls for restoration of the rules, as the Democrat-controlled agency has proposed. The docket already has almost 20,000 comments and, as such, is the commission’s most active proceeding, far outstripping the second-place docket for rules on international communications and spectrum issues, which has less than 3,000.

There is still one more chance for local communities or broadband service providers to fix the maps that will be used to allocate Broadband Equity, Access, and Deployment (BEAD) Program grant funding. Under the National Telecommunications and Information Administration (NTIA) rules for the BEAD grant process, every State Broadband Office (SBO) must conduct one more challenge process to the broadband maps.

The Federal Communications Commission launched an inquiry to kick off the agency’s evaluation of the state of broadband across the country, as required by section 706 of the Telecommunications Act of 1996.

The Federal Communications Commission plans to adopt both a disparate treatment (intent) and disparate impact (effects) analysis to determine whether there is any discrimination of internet access.

I would wager that most of the supposed Affordable Connectivity Program fraud is coming from cellular carriers. My suggestion is that we stop using ACP to subsidize cellular service. The underlying concept of ACP is to get better broadband to folks, and I don’t care how you try to justify it—cell phone data is not a substitute for home broadband. Many people claim that they only use their cellphone as a broadband connection, but if they are more than a casual broadband user, they are probably getting most of their broadband through WiFi connections on somebody else’s broadband connection.