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 [see above]. 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.

Majority Leader McConnell and his allies believe they can force the Biden FCC into a business-friendly “consensus agenda” that will move forward on 5G and corporate consolidation while blocking Democratic priorities such as net neutrality and broadband subsidies for the poor. And perhaps that is how the Democrats will respond. But in this new world of total war between Democrats and Republicans, this deadlock creates the incentive and ability for the Democratic FCC Chair to use her authority over the agency’s bureaus to push back and pressure anyone standing in the way of a full commission. Not everything at the FCC requires a vote of the Commission. The vast majority of day-to-day work happens through the FCC’s many offices and bureaus — all of which report to the Chair. These actions must be appealed to the full Commission before parties can go to the courts. Absent the usual rulemaking process, a Democratic FCC Chair can — and should — take large (and largely unreviewable) steps to advance a consumer protection agenda without a single Commission vote. Even more powerfully, the Chair can effectively shut down the agency until Republicans approve a third Democrat.

Public interest, government, civil rights, labor, higher education, and rural advocacy groups urged Congress to offer a federal broadband subsidy in forthcoming COVID-19 stimulus packages. They argue that tens of millions of Americans — particularly low-income families, rural residents, and people of color — lack broadband access, leaving our most vulnerable communities struggling to stay connected with school, work, healthcare, entertainment, and their loved ones during the pandemic. Additionally, many more people find themselves unable to afford broadband because of the financial impacts of COVID-19, with thirty percent of low-income Black, Hispanic and people of color claiming that they have missed an internet payment since the pandemic started. If Congress wants to help people stay connected and engaged from home, then lawmakers should make it possible for every American to do so.

Warner Bros. broke with tradition by announcing that it would release its entire lineup of 2021 films on HBO Max — its struggling streaming service — on the same day they were scheduled to appear in theaters. Hollywood agents and filmmakers were angered by the move — but they may have forgotten something crucial: Warner Bros. belongs to WarnerMedia, which is part of AT&T. And AT&T is a telecommunications company whose interests are sometimes at odds with those of the old entertainment business. Despite joining Hollywood in a big way, when it bought Time Warner for more than $80 billion, AT&T may not mind so much if it speeds the demise of the century-old moviegoing habit. For AT&T, HBO Max isn’t just a convenient way to get films and television shows to the public. Instead, the platform is a key part of its wireless business. HBO Max is included in packages for some high-end phone and internet subscribers, and it exists, in part, to create consumer loyalty to AT&T. The Warner Bros. films will also play in theaters — but seeing them that way would cost a family of four about $50 (excluding gas, parking and concessions). That makes the monthly $15 fee for HBO Max a steal. Or even a no-brainer. Especially at a time of dread caused by being part of a crowd during the coronavirus pandemic.

On spectrum, we’ve been the most aggressive and successful Federal Communications Commission in history. With three high-band auctions, we’ve made available more spectrum for commercial use than was previously used by all mobile broadband providers in the United States combined. We’ve already finished repurposing low-band spectrum in the 600 MHz band for mobile broadband, which is now being used to provide 5G service coverage to more than 250 million American. And over the past couple of years, we’ve been primarily focused on mid-band spectrum. These airwaves are particularly appealing for 5G because they combine good geographic coverage with good capacity.