Competition/Antitrust

Competition Policy for an Open Internet Ecosystem

In my Georgetown Law Technology Review article, I propose a new policy framework to restore an open Internet ecosystem.

Setting the Bar for Public Funding: Aiming Higher with the Connect America Fund

[Commentary] How can we improve the biggest tool to closing the digital divide in the Federal Communications Commission’s toolbox: the Connect America Fund. Back in 2011, the FCC adopted a performance goal for the Connect America Fund of ensuring universal access to fixed broadband and concluded it would measure progress towards this outcome based on the number of newly served locations — but it did not articulate any concrete vision for when this universal service goal might be achieved.

Competition in Multi Dwelling Units

Federal Communications Commission Chairwoman Jessica Rosenworcel announced plans to introduce a Notice of Proposed Rulemaking (NPRM) that would expand customer choice in apartments, condos, public housing, and other multi-tenant buildings. The NPRM would allow tenants to opt out of bulk billing arrangements where landlords build broadband or cable TV into the price of rent.

Justice Department Sues Apple for Monopolizing Smartphone Markets

The Justice Department, joined by 16 other state and district attorneys general, filed a civil antitrust lawsuit against Apple for monopolization or attempted monopolization of smartphone markets in violation of Section 2 of the Sherman Act. The complaint, filed in the U.S. District Court for the District of New Jersey, alleges that Apple illegally maintains a monopoly over smartphones by selectively imposing contractual restrictions on, and withholding critical access points from, developers.

Lawmakers Introduce the Bipartisan Satellite and Telecommunications Streamlining Act

U.S. Senators Ted Cruz (R-TX) and Jacky Rosen (D-NV) introduced the Satellite and Telecommunications Streamlining Act. This legislation would: 

Shifting Signals Create Uncertainty for Rural Broadband Consolidation

CoBank's report reviews why the wireless and cable industries consolidated, and assess what could happen in the rural broadband market. Findings include:

Internet providers have left rural Americans behind. One county is fighting back

Congress is spending $65 billion to connect the rural United States to the world. Orangeburg (SC) knows the stakes better than anywhere. Like hundreds of rural counties across the US, Orangeburg is ignored by commercial broadband service providers who think it’s not profitable to lay fiber optic lines in the area. In the absence of service from companies like AT&T, Comcast, Verizon and Charter, counties and small towns in rural America could build broadband networks for their residents themselves, which can make the difference between prosperity and poverty.

Edison (NJ) gets $2 million grant to kick-start municipal broadband but feasibility questions remain

The township of Edison (NJ) has received a $2 million grant from the New Jersey Department of Community Affairs to expand municipal broadband services. The Township Council passed a resolution accepting the grant, and Edison now has a 24-month period to build a portion of the infrastructure, part of which is a server, as well as a business plan which is expected to be completed soon, officials said. Previously officials have said the business plan would look at the strengths and weaknesses of municipal broadband and determine market competition.

UScellular grapples with cable's rise in wireless

The good news is UScellular ended 2023 with 114,000 fixed wireless access (FWA) customers. The bad news? The company lost about 53,000 postpaid phone customers, exacerbating a string of previous losses. Besides competing with the Big 3 mobile carriers, UScellular, a regional wireless carrier, is grappling with the rise of cable companies in wireless.

Lumen to maintain fiber buildout pace in 2024—but is it fast enough?

Lumen Technologies expects to build fiber to an additional 500,000 locations in 2024, matching its pace for 2023. However, some industry watchers believe Lumen could open itself up to fiber overbuilders if it can't accelerate its pace. During Q4 2023, Lumen deployed fiber to another 126,000 new locations, down from 141,000 in the prior period, but ahead of the 113,000 that analysts were expecting.

Is T-Mobile facing static over its latest 5G spectrum purchase?

The Federal Communications Commission (FCC) said it's going to more carefully look at the "competitive effects" of T-Mobile's plan to purchase more 2.5GHz spectrum for its 5G network.

Judge rules against users suing Google and Apple over “annoying” search results

While the world awaits closing arguments later this year in the US government's antitrust case over Google's search dominance, a California judge has dismissed a lawsuit from 26 Google users who claimed that Google's default search agreement with Apple violates antitrust law and has ruined everyone's search results. Users had argued that Google struck a deal making its search engine the default on Apple's Safari web browser specifically to keep Apple from competi

Tech rivals hound Apple over EU App Store plans

There's one thing uniting big and small tech companies operating in Europe: they can't stand Apple's approach to complying with the European Union's new Digital Markets Act (DMA). The DMA designates six big tech companies as online gatekeepers—Alphabet, Amazon, Apple, ByteDance, Meta, and Microsoft—and obligates them to open their platforms to competition. Apple's DMA compliance plan allows developers to set up alternative app stores and avoid Apple's in-app payment system.

Is Comcast Experiencing a Goldilocks Moment in Broadband?

Comcast lost 34,000 broadband customers across consumer and business channels in the fourth quarter and bled 64,000 subscribers for the full 2023, results that might have tanked the cable company's stock in previous quarters. But the company’s shares are up nearly 4 percent. Sure, good news from theme parks and streaming platform Peacock have a lot to do with that.

Both of these agencies want a piece of Microsoft’s Open AI partnership

The Justice Department and the Federal Trade Commission are deep in discussions over which agency can probe OpenAI, including the ChatGPT creators’ involvement with Microsoft, on antitrust grounds. The FTC initiated talks with the DOJ months ago to figure out which one can review the matter, but neither agency is ready to relinquish jurisdiction, which must be resolved before the government can formally intervene in one of the most high-profile and controversial tech partnerships in recent years. Microsoft has put billions of dollars into OpenAI over the last several years.

T-Mobile chronicles 5G achievements since Sprint merger

There’s not much new in T-Mobile’s latest report to the Federal Communications Commission on the progress it’s made since its merger with Sprint. The report, submitted on January 2, centers on the network milestones that T-Mobile has accomplished with respect to its 3-year commitments for nationwide 5G deployment, which includes low-band and mid-band 5G coverage, 5G sites, download speeds and more.

Google Allows More App Payment Options in Antitrust Deal With States

Google will allow developers on its Play app store to offer direct payment options to users in the company’s latest move to navigate increased regulatory scrutiny of its power. Google will allow apps to charge consumers directly rather than having to charge through Google.

The Trajectory of the Broadband Industry

For well over a decade, it was fairly easy to understand the trajectory of the broadband industry. But the industry is now in total turmoil. Within a short time, cable companies have stopped growing. Currently, all of the industry growth among big internet service providers (ISPs) is coming from cellular fixed wireless access (FWA). Last-mile fiber networks are being built across the country. Wireless internet service providers (WISPs) finally have the radios and enough spectrum to be serious competitors. When I talk about trajectory, I’m not talking about predicting 2024.

Economists’ Comments on State BEAD Proposals

We write to provide economic insight to help states maximize the benefits of its Broadband Equity Access and Deployment (BEAD) and other funds for its residents. Several economic concepts are critical to maximizing the benefit of the BEAD money for state residents.  

An Open Letter to State Broadband Leaders on Digital Equity for Incarcerated People

The prison communication industry is dominated by two companies—Securus and ViaPath. Together, they serve the vast majority of jails and prisons. Bundling of services is standard practice: devices, communication services, payment services, and even ownership of the inmate networks.

Written Statement of NTIA Director Alan Davidson Before the House Commerce Committee's Subcommittee on Communications and Technology

Since my last appearance before the House Commerce Committee in May 2023, the National Telecommunications and Information Administration (NTIA) has made considerable progress toward the bipartisan initiatives that Congress tasked to NTIA. These include:

How Monopolies and Maps Are Killing ‘Internet for All’

The Biden administration’s $1.2 trillion bipartisan infrastructure law devotes $65 billion to a moon shot mission, involving all 50 states and U.S. territories, to bridge the digital divide once and for all.

In a New York State of Digital Equity

In November 2023, the Empire State Development’s ConnectALL Office released the draft New York State Digital Equity Plan and sought public comment on how New York will bridge the digital divide in the state.