Monday, September 24, 2018
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Regulating free speech on social media is dangerous and futile
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Conservatives who celebrate constitutional originalism should remember that the First Amendment protects against censorship by government. Social media companies are all private businesses with discretion over the content they wish to promote, and any effort by government to influence what social media platforms promote risks violating the First Amendment. If conservatives genuinely believe in the value of competition and free choice, and at the same time believes that a more conservative social media platform would be of value to consumers, they should start a new platform rather than demanding the existing private platforms to become more inclusive of conservative ideas. Furthermore, acting to increase ideological diversity would be impossible. A candidate would hesitate to disclose party affiliation to an employer who may use it to make hiring decisions. I believe that we should accept such bias as a fact and refrain from regulating social media platforms or mandating them to attain a politically diverse workforce.
[Niam Yaraghi is a Brookings Nonresident Fellow in Governance Studies, Center for Technology Innovation]

Federal Communications Commission Chairman Ajit Pai defended the recent repeal of network neutrality rules, saying that the move was necessary to increase competition among internet service providers. “The effects of these regulations were holding back investment and innovation,” Chairman Pai said. “The number one concern I hear consistently from consumers is that 'we don’t have internet access at all,' or 'we don’t have enough competition — we’re locked into one provider.' The solution to that is not heavily regulating something out of Washington, making it even harder for a company to build a business case for deployment.”
Ultimately, Chairman Pai said that the net neutrality rules were unfairly affecting small internet service providers, leading to a lack of potential to bridge the "digital divide." “Smaller companies that perhaps none of you have heard of, these are the companies that are critical to providing access and competition. These are the companies that bore the brunt of these regulations,” Pai said. “When it comes to something like the digital divide, all of us gain when Americans are connected.” But only so much can be done at the federal level to address the divide, so some of the responsibility falls on states, Pai said.
“I think the most important thing that state officials could do…is to create a consistent set of policies. If you are a company, big or small, it is difficult, if not prohibitive, to jump through the hoops of regulatory review on the federal level, on the state level, on the perhaps thousands of municipalities that are involved,” Pai said. “One of the things we’re trying to do is create a consistent set of rules that companies can work around.”

T-Mobile offered its clearest glimpse yet at exactly what it will offer in terms of in-home, fixed broadband internet services if the company is allowed to merge with Sprint—to become what it has called “New T-Mobile.” T-Mobile’s chief operating officer Mike Sievert told the Federal Communications Commission that New T-Mobile “has confirmed that there is a large market for New T-Mobile’s in-home broadband offering at the anticipated pricing and service levels.” He said the company expects to offer in-home internet services to 52% of the zip codes across the county by 2024, covering 64% of Charter’s territory and 68% of Comcast’s territory. “New T-Mobile expects to utilize caching and other network optimization techniques to increase the number of households that can be served,” he said.
Further, Sievert predicted New T-Mobile would gain 1.9 million in-home wireless broadband customers by 2021 and 9.5 million customers by 2024, making it the nation’s fourth largest in-home ISP by 2024.
But perhaps the most interesting item in Sievert’s comments is that New T-Mobile appears to be ready to allow customers to install their own equipment for the service. “Unlike other in-home broadband offerings, the wireless nature of the offering will also provide customers with the choice of avoiding installation appointments and related charges as they will be able to self-provision the necessary in-home equipment,” Sievert said. Thus, it appears that New T-Mobile believes it will succeed where Verizon appears to have failed. Verizon had developed a prototype aimed at allowing customers to install their own equipment for the carrier’s new 5G Home internet service, but that device was not part of Verizon’s commercial launch of the offering this month. Instead, the carrier said that its technicians would have to install the necessary equipment on the outside of customers’ homes or offices so that they would be able to receive Verizon’s 5G signal.

On September 26, at the Federal Communications Commission’s open meeting, commissioners will vote on an order that will limit the roles of local policymakers in the deployment of fifth generation (5G) wireless infrastructure. So one might ask, why doesn’t my community get a say in this? Under the guise of promising shiny new technology and closing the digital divide, the FCC is proposing a change in rules that is a blatant effort to strengthen the hand of wireless carriers in negotiations with local governments over small cell deployment and to limit the ability of local governments to negotiate in the public interest. This is a huge tradeoff -- and one happening without much public debate. The small ray of light here is that the FCC is leaving local governments with some power to enact reasonable regulations governing small cell deployments. With the right approach and partner, local governments may be able to address citizens' concerns. But that means local governments need to start planning yesterday on zoning, application processing cost recovery, antenna design, location and spacing, additional pole and equipment aesthetic requirements, and other issues.

Comcast triumphed over the Walt Disney in a hard-fought battle for Sky television, by offering $39 billion for the satellite-TV service that has 23 million customers in five European countries. Sky’s independent board members must approve the winning bid and shareholders must ratify the deal before the sale will be complete. Soon, Comcast will have a presence in some of the most prosperous countries in Europe — Britain, Ireland, Germany, Austria and Italy.

I am thrilled to return to TPRC to present the winners of the Charles Benton Early Career Scholar Award. Deeply embedded in the DNA of the Benton Foundation are three key values: access, equity, and diversity. Today we celebrate a paper that, we feel, makes an important contribution to communications and media policy literature. We know that communities of color face complex challenges achieving equitable outcomes. This paper delves into why. There are a couple of takeaways here that I’d like to highlight. First, communities of color – and the organizations who advocate on their behalf – are not a monolith. There are robust debates within and between groups as they plan their own digital futures. Secondly, the authors argue that critical race theorists and other social scientists are desperately needed to complement and deepen communications debates, in the interest of a more democratic communications ecology. I, for one, take this diversity of viewpoints to be a strength. What is motivating these groups to get involved in communications policy debates? What advocacy strategies work best for them? What are the implications for how we want policy decisions to be made?
[Adrianne B. Furniss is the Executive Director of the Benton Foundation]
Race, Ethnicity, and Communications Policy Debates: Making the Case for Critical Race Frameworks in Communications Policy

In our working paper, we discuss how civil rights and minority-focused advocacy groups have engaged – or circumvented – Internet policy issues to better serve the communication and technology needs of their underrepresented constituents. In addition, in accordance with critical race theorists (e.g. Kimberle Crenshaw and Cheryl Harris), we explore the complexity of the concerns and experiences of a variety of communities of color in order to promulgate inclusive communications policy and frameworks in current and future policymaking.As a result of our analyses of the aforementioned organizations and three distinct communications issues and debates, the co-authors concluded that the policy sphere needs to:
- Expand beyond a technical, market-centric definition of Internet issues and involve more non-corporate, non-state groups in policy discussions;
- Encourage increased exchanges between academics and policymakers, especially involving scholars with expertise in areas of critical race theory and issues of social inequality as their core foci; and
- Take care to foreground and map out the multiplicity of debates within and between communities of color, striving to unpack what causes these differences rather than assume that all underrepresented communities are part of the same monolith.
[The Charles Benton Junior Scholar Award recognizes significant achievement by a junior scholar in the areas of digital inclusion and/or broadband adoption, as evidenced by an empirically-based research paper, a policy proposal with justification, or an original essay. Matthew Bui and Rachel Moran are the 2018 recipients of the award.]
Benton (www.benton.org) provides the only free, reliable, and non-partisan daily digest that curates and distributes news related to universal broadband, while connecting communications, democracy, and public interest issues. Posted Monday through Friday, this service provides updates on important industry developments, policy issues, and other related news events. While the summaries are factually accurate, their sometimes informal tone may not always represent the tone of the original articles. Headlines are compiled by Kevin Taglang (headlines AT benton DOT org) and Robbie McBeath (rmcbeath AT benton DOT org) — we welcome your comments.
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