Interesting People mailing list archives

Network Neutrality and Beyond: The Long Road Ahead


From: "Dave Farber" <farber () gmail com>
Date: Thu, 19 Oct 2017 10:50:31 -0400




Begin forwarded message:

From: Dewayne Hendricks <dewayne () warpspeed com>
Date: October 19, 2017 at 9:31:05 AM EDT
To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] Network Neutrality and Beyond: The Long Road Ahead
Reply-To: dewayne-net () warpspeed com

Network Neutrality and Beyond: The Long Road Ahead
By Michael Copps
Oct 18 2017
<https://www.benton.org/blog/network-neutrality-and-beyond-long-road-ahead>

Remarks of Former-FCC Commissioner Michael Copps
Public Interest Advocacy Centre
Ottawa, Canada
October 18, 2017

Thank you for your kind welcome, and thank you to both the Public Interest Advocacy Centre for its invitation to be 
here this evening and to the University of Ottawa’s Centre for Law, Technology and Society for providing this very 
fine venue. It is great to be back in Ottawa, and a special honor to be delivering the inaugural Howard Pawley 
Memorial Lecture. I hope my remarks will be worthy of this distinguished gentleman and his life of public service. 

Several years ago, while still a member of the Federal Communications Commission, I came to Ottawa under considerably 
different circumstances. I was here to encourage an open internet and my strong belief that network neutrality was 
the sine qua non of an open internet. I was here to encourage a more robust approach to the issue in your country. 
History takes strange and not always wondrous turns, however, and here I am back in Ottawa as Canada moves smartly 
ahead while the current majority at our FCC is on the brink of wiping out all the net neutrality progress its 
predecessor FCC made just a couple of years ago. Maybe the past isn’t always prologue and the arc of history can move 
downward as well as upward.

For full disclosure, I will give you my conclusion first and then tell you how I got to it. My conclusion is that the 
future of successful self-government hangs importantly on this issue. If we cannot get net neutrality right, we can 
forget about the transformative democratic potential of the net. Network neutrality is the necessary, but not the 
sufficient, foundation of an open internet. And anything less than a truly open internet would be a tragic denial of 
the awesome potential of digital technology to transform our lives.

OK—back to the beginning. When I was appointed to the FCC in 2001, I thought I had landed the coolest job in 
Washington. I would be working to bring the wonders of modern communications to every corner of the land, working 
with mind-expanding technology innovators and meeting with edge-of-the-envelope entrepreneurs, as well as Americans 
around the country and from all walks of life, about what was needed to get us where we needed to go. After a week or 
so on the job, I learned that wasn’t going to be the bulk of my job. Immediately legions of media and telecom CEOs, 
lawyers, and lobbyists descended upon my office trying to convince me of the “wonders” of more and more industry 
consolidation. They talked about economies of scale and efficiencies of production that would, they claimed, wipe 
away the chaos of competition and the confusion of diversified ownership. They were talking to a Commission majority 
only too anxious to do their bidding—a Commission far too beholden to the special interests and one wedded to a 
discredited ideology of unconstrained free markets and the beauties of self-regulating monopolies and/or oligopolies. 
So as soon as the FCC approved the merger proposed by those first CEOs who walked through my doorway, along came the 
next company’s top brass, arguing that because we had approved the first merger, we had to approve this new merger 
too, just to keep things “fair.” 

The consolidation bazaar went on, usually over my objections and, to be fair, under the leadership of both parties, 
with a few exceptions, those exceptions being a bit more frequent under Democratic than Republican Administrations. 
But not frequent enough!

With the Trump Administration‘s arrival and the appointment of a new FCC Chairman fervently in love with free market 
ideology and closely aligned throughout his career with big telecom and media interests, the prospect is for 
more—many more—mergers and acquisitions. Instead of putting the public interest first, a duty imposed on the 
Commission by Congress in the controlling Communications Act of 1996, where the term “public interest” is mentioned 
more than 110 times, special interests are in the saddle, riding roughshod over the common good. So today we see a 
proposed Sinclair-Tribune broadcast deal on the cusp of being approved. It is a merger that will give Sinclair access 
to over 72 percent of U.S. households, end-running the current statutory limit of 39 percent. The Commission is 
already changing its rules in order to permit the proposal to pass, and apparently it is willing to ignore the 
Congressionally-mandated cap. Chairman Ajit Pai is busily seeking a way around this limitation. We can go into it in 
more detail later if you like, but Sinclair has a long history of stretching, bending, and evading FCC rules as it 
goes about building its empire. 

This merger is just plain awful for the public interest—or, as the Canadian coinage would have it, the “national 
identity”—not only because it would raise prices on consumers, but because it would significantly erode whatever is 
left of our democratic discourse. Sinclair comes replete with an ideology and without a reputation for balanced news 
and information. It actually writes editorial comments in its suburban Baltimore headquarters and then demands that 
its stations around the country read them on air. Sinclair’s acquisition of Tribune would hammer another nail into 
the coffin of independent journalism in communities around the country. In its place we would have Sinclair’s 
Trumpist take on current affairs. So much for accountability journalism.

[snip]

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