Harold Feld

My Insanely Long Field Guide To The C-Band Spectrum Fight, And Why This Won’t End In December.

The C-Band is a slice of spectrum that in the US that lies between 3.7 GHz and 4.2 GHz. When first authorized for commercial satellite use back in the day, these frequencies were considered far too high to have much value for terrestrial use.

Mozilla v. FCC Reaction, or Net Neutrality Telenovela Gets Renewed For At Least Two More Seasons.

The short version is that we lost the big prize (getting the Order overturned, or “vacated” as we lawyers say), but won enough to force this back to the Federal Communications Commission for further proceedings (which may yet result in the “Restoring Internet Freedom Order” or RIFO being reversed and/or vacated) and open up new fronts in the states.

A Tax on Silicon Valley Is A Dumb Way to Solve Digital Divide, But Might Be A Smart Way To Protect Privacy.

What sort of a tax on Silicon Valley (and others) might make sense from a social policy perspective? What about a tax on the sale of personal information, including the use of personal information for ad placement? To be clear, I’m not talking about a tax on collecting information or on using the information collected. I’m talking a tax on two-types of commercial transactions; selling information about individuals to third parties, or indirectly selling information to third parties via targeted advertising. It would be sort of a carbon tax for privacy pollution.

Making the Digital Transition an “Upgrade for All” Again

Copper networks still form the backbone of America’s communication system despite the rise of fiber -- and providers are either pulling the plug or letting them fall into disrepair.

Could the FCC Regulate Social Media Under Section 230? No.

Apparently, the White House is considering a potential Executive Order to address the ongoing-yet-unproven allegations of pro-liberal, anti-conservative bias by companies such as Facebook, Twitter, and Google.

Public Knowledge Cautions FCC Robocall Order Could Create New Service Fee

The Federal Communications Commission published a draft Order in the “Advanced Methods to Target and Eliminate Unlawful Robocalls” proceeding. On June 6, the FCC will vote on a Declaratory Ruling and Third Further Notice of Proposed Rulemaking from this proceeding to enable carriers to block robocalls.

The Case for the Digital Platform Act

To the challenges posed by the power of digital platforms, we need a “Digital Platform Act” to create an agency specifically charged to regulate digital platforms on an ongoing basis. An expert agency over digital platforms can analyze and study the market to determine when regulation or enforcement are needed, including if:

Public Knowledge Urges Congress to Question FCC’s 5G Plan

On April 12, the Federal Communications Commission announced a plan for promoting 5G which includes the nation’s largest spectrum auction in Dec 2019 and the promised future creation of a $20.4 billion rural broadband investment fund, “The Rural Digital Opportunity Fund,” to help close the digital divide. Harold Feld said, "April 12’s announcement raises many questions. Most importantly, where will this money come from and over how many years?

How Not To Train Your Agency, Or Why The FTC Is Toothless.

It was quite noteworthy to see Freshman Sen Josh Hawley (R-MO) tear the Federal Trade Commission a new one for its failure to do anything about how tech companies generally (and Google and Facebook specifically) vacuum up everyone’s personal information. I’m not going to argue with Sen Hawley, but since he is new in town I think it is important for him to understand why the FTC (and other federal agencies charged with consumer protection) have generally gone from fearsome watchdog to timorous toothless Chihuahua with laryngitis.

What Makes Sen Warren’s Platform Proposal So Potentially Important.

March 8, the Presidential campaign of Elizabeth Warren, not to be confused with the actual office of Sen Elizabeth Warren (D-MA), announced Warren’s plan for addressing the tech giants. What makes Warren’s contribution a potential game changer is that she goes well beyond the standard “break ’em up” rhetoric that has dominated most of the conversation to date, and focuses on sustainable sector specific regulation. What makes it so important and smart structurally is that the proposal: