Trump's Plan Is To Gut All FCC Consumer Protection Powers
from the utterly-Comcastic dept
Trump's telecom advisors have made it abundantly clear the incoming administration intends to gut net neutrality, roll back most consumer broadband protections, and defund and defang the FCC as a broadband consumer watchdog. While deregulation works in some sectors, history makes it abundantly clear that blindly deregulating the broken telecom market only makes the problem worse. Just ask Michael Powell, the former deregulatory-focused FCC boss turned top cable lobbyist, whose blanket deregulatory tenure at the agency helped forge the "Comcast experience" most modern consumers enjoy today.It shouldn't be all that surprising then that leaked details on the incoming FCC's transition plan confirms that gutting of the FCC as consumer watchdog is precisely what Trump's team has in mind. Of his advisory team can't just call this spade a spade, given consumers would realize an unchecked Comcast, AT&T, Charter and Verizon spells significant trouble for their wallets... and peace of mind. As such, Trump's advisors intend to dress up what they have planned as an act of ultra-efficiency and reform:
"That approach would be to restructure FCC bureaus to better reflect the convergence of the digital age as a first step, and, eventually, move functions deemed "duplicative," like, say, competition and consumer protection, to other agencies, particularly the Federal Trade Commission.It's worth noting that it's not "some" people that are saying the goal is to neuter the FCC -- that's what Trump's own advisors and most of the GOP are saying. And sure, the FCC will be more "efficient" in the way that a car stripped and sold off for parts needs less maintenance and fewer oil changes, but the pretense that this has anything to do with helping consumers should be utterly transparent to anybody familiar with America's pay-to-play legislature and the kind of "dollar per hollar" industry-tied think tankers that currently have Trump's ear.
While some have described the plan as one to eliminate the FCC, and certainly many if not most of its functions could be reapportioned, landing team members Jeff Eisenach and Rosyln Layton have argued that what remains would be "a more coherent and streamlined" agency that "would more effectively serve the goals of consumers, competitors, and Congress."
In telecom you'll very often see ISP lobbyists and executives urging that the FCC's consumer protection duties be offloaded entirely to the FTC. That's because they know full well the FTC is already under-staffed, under-funded, and ill-equipped to pick up this additional workload, and most consumer issues would be guaranteed to fall through the cracks. The goal isn't more efficient regulation and better, more streamlined regulators: the goal is no oversight whatsoever of some of the least competitive companies in America and one of the most loathed industries in America. All else is pretense.
Of course we could just ask real consumer advocates like Public Knowledge lawyer Harold Feld. Feld has spent the lion's share of his life defending consumers from companies like Comcast, and tells Ars Technica that Trump's plan is effectively an all out war on telecom consumer protections:
"Harold Feld, senior VP of consumer advocacy group Public Knowledge, called this plan "a declaration of war on the most basic principles of universal service, consumer protection, competition, and public safety that have been the bipartisan core of the Communications Act for the last 80+ years." Feld argued that this proposal would "poison the well for any serious effort to update the Communications Act." Feld also worries about the impact on rural areas, which are given special protections in the Communications Act, he told Ars today.But Congressional legislation is just what the GOP is planning. The GOP has made it repeatedly clear they intend to table a Communications Act rewrite this year that further erodes regulatory authority over the nation's largest cable TV and broadband providers. It's very likely this new bill will not only severely curtail the FCC, but will roll back the agency's Title II reclassification of ISPs -- as well as net neutrality and new broadband privacy rules. All under the pretense of jobs, broadband expansion, and protecting net neutrality.
Feld said that the FCC itself has "considerable latitude" to limit its own enforcement actions "and to use rulemakings and forbearances to strip itself of authority," but it still has to meet the requirements of the federal Administrative Procedures Act. Moreover, the proposal to shift FCC competition and consumer protection authority to agencies such as the FTC would require the writing of extremely complicated legislation in Congress, he said."
Of course the way things are going, dismantling the only government agency that has dared stand up to Comcast is going to be portrayed as some kind of "populist" reform, resulting in countless millions cheering against their own best interests as their rights burn down around them. But as consumer TV and broadband bills skyrocket, net neutrality is gutted, consumer privacy concerns get thrown in the toilet, and unchecked industry duopolists truly begin to run amok -- misdirection and bullshit will only go so far in preventing consumers from realizing precisely who'll be to blame.
Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.
While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.
–The Techdirt Team
Filed Under: consumer protection, donald trump, fcc, ftc, privacy
Reader Comments
Subscribe: RSS
View by: Time | Thread
T Minus 2 Days ...
[ link to this | view in chronology ]
Re: T Minus 2 Days ...
Everyone will be happy and healthy. ACA will be repealed, but replaced with some magical thing that will make everyone insured with similar benefits as the ACA but without whatever evil substance makes the ACA so bad.
America will be able to insult its way to success. And intimidate other countries into building factories in America and send us all their jobs -- as long as the workers have the necessary prescribed skin color.
Hillary will be in jail which will somehow magically improve everyone's life!
As for economic opportunities, just watch to see how well the president's businesses do after using the powers of office to negotiate favorable deals with other nations, even at the expense of the American people.
Life will be beautiful!
[ link to this | view in chronology ]
Re: Re: T Minus 2 Days ...
/s (shouldn't need it but after watching Kimmel...)
[ link to this | view in chronology ]
Re: Re: Re: T Minus 2 Days ...
nothing is being repealed...
The Deal is just being altered....
Pray it is not altered any further!
[ link to this | view in chronology ]
Re: Re: T Minus 2 Days ...
I do not think he understands the Presidency is not a 9 to 5, five days a week kind of job, it is 24-7
[ link to this | view in chronology ]
Libertarians rejoice! You now get to play more for the same service. Pay thousands more in bogus fees. ISPs will be able to legally spy on you and sell that information to any 3rd party. You'll be charged twice for the same service thanks to bandwidth caps and "reprioritization" of services like Netflix. Telecoms and their ilk will return to using underhanded tactics to push people off POTS and onto less regulated services that are proven unreliable in emergencies.
Yes, I say rejoice ye libertarians! For you're getting exactly what you asked for! OH... wait... you forgot that these companies had sweetheart deals with local and state governments that essentially makes them local monopolies and the FCC was the only thing keeping them from being total ass hats? I'm sorry.
[ link to this | view in chronology ]
Re:
They are empowering captive markets by removing a bandaid meant to stopgap the bleeding from captive markets robbing consumers. This bandaid isn't being accompanied with setting the broken bone of crony capitalist state laws that effectively bar competition to telecoms.
[ link to this | view in chronology ]
Re:
The same service, you are an optimist. Welcome to the Internet being converted cable V3.
[ link to this | view in chronology ]
Trump's Plan too timid
...libertarians want the FCC totally abolished (!!) -- not merely restricted a little bit in Broadband regulation.
You leftist-socialists have no clue about libertarian views.
[ link to this | view in chronology ]
Re: Trump's Plan too timid
[ link to this | view in chronology ]
Re: Re: Trump's Plan too timid
When called out simply claim it is the other guys fault for not using the same dictionary, clearly my definition is the correct one and you are mistaken.
[ link to this | view in chronology ]
Re: Re: Trump's Plan too timid
[ link to this | view in chronology ]
Be careful what you wish for
Be careful what you wish for.
Maybe you will get everything you dream of after the coronation in a few days.
Like all abusive monopolies, you will soon overreach. To the point that some future administration will do something tantamount to the AT&T breakup.
Choose wisely just how much you want to screw consumers.
Here's an idea! How about unbundling all content from connectivity. Make your connectivity be the biggest, fastest, bestest dumb pipes there ever was. Make America's internet service great again. At least get it up into the top 20 of the world. Set your prices to cover the cost of building out and maintaining your network and your profit. Be competitive. Just sell great service at great prices. No need for disgusting back room deals with content providers to favor certain content as "zero-rated".
As for content, make great content. Make that content available to everyone on all networks without discrimination.
As for building a wall, how about let's not build a wall. Walled gardens are really just prison camps.
[ link to this | view in chronology ]
Man bites dog
Wouldn't it be an interesting turn of events if the FTC actually did their job and went after the telecom industry for the lack of competition and their egregious manipulation to prevent competition? Not that I think it will happen, but it would be interesting.
[ link to this | view in chronology ]
Re: Man bites dog
I am way up here at the top of this tree!!! if the FTC does something right I will fall off, out of pure shock!!!
[ link to this | view in chronology ]
kinda funny...
Seems to work BOTH ways! The only regulation I have noticed happening has always been the blind version! Your weapons have now been turned against you! How does it feel?
Enjoy!
[ link to this | view in chronology ]
Re: kinda funny...
[ link to this | view in chronology ]
Monopoly
[ link to this | view in chronology ]
Re: Monopoly
So therefore there is not a snowballs chance in hell it will happen. Here is the definition of the Terms "Regulation" and "De-Regulation" when you see them being used in the politosphere.
"Regulation" - The process by where Government and Business collude to extort citizens, but writing the regulations in such a way as to make citizens think it is good.
"De-Regulation" - The process by where Government and Business collude to relax regulations that businesses regret having traded off for other "regulations".
When a citizen calls for regulation, the actually want genuine and decently written law, but when the politician hears those calls for regulation, they quickly use the fuss to fuck us citizens over every time, and the citizen usually does not see it coming. Next year, they vote back in the business whore because, sometimes, those politicians are kind enough to give a reach-a-round or knocks a few crumbs off the banquet table!
[ link to this | view in chronology ]
With the right spin, you could consider this part to be true.
Serve the goals of:
"Consumers"
Means ISPs, who are happy to consume customers' money without providing anything in return.
"Competitors"
Incumbent ISPs, who compete with each other to buy off politicians to their cause, which leads to
"Congress"
Who've shown that their sole concern is getting more payoffs from ISPs instead of protecting the citizens they swore a crossed-fingers oath to serve.
[ link to this | view in chronology ]
Trump's Plan Is To Gut All FCC Consumer Protection Powers
[ link to this | view in chronology ]
We can see whether TV really is responsible for moral/voter/educational decay etc.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Re:
The market is self regulating.
No need to remind industry leaders of their responsibility to the workers, industry has always treated their workers with the utmost respect and renumeration and therefore there is absolutely no reason for regulation.
[ link to this | view in chronology ]
"... more effectively serve the goals of consumers, competitors, and Congress."
Wow... able to simultaneously serve consumers and competitors! Bet one of those is going to get served better than the other.
And as for serving Congress... I assume this little envelope, as a token of our esteem, will suffice...
[ link to this | view in chronology ]
Solution to the AT&T and Comcasts
So, three or four months after as few as 20% do this, telecoms will be bankrupt. End of problem.
[ link to this | view in chronology ]
Re: Solution to the AT&T and Comcasts
AYFKM?
My options for broadband internet are "Cox" and "none". As a web developer, it's pretty fucking hard to make a living if I choose the latter.
Here are a few articles about broadband choice (or, more to the point, lack thereof) in the US:
http://arstechnica.com/business/2014/09/most-of-the-us-has-no-broadband-competition-at-25mbps-fc c-chair-says/ https://www.fcc.gov/reports-research/reports/broadband-progress-reports/2015-broadband -progress-report http://www.newyorker.com/news/daily-comment/we-need-real-competition-not-a-cable-in ternet-monopoly
These sources are a couple of years old, but I don't think you'll find that competition has improved much since they were written.
[ link to this | view in chronology ]
Re: Solution to the AT&T and Comcasts
[ link to this | view in chronology ]
Those who always think Government is the answer
[ link to this | view in chronology ]
Re: Those who always think Government is the answer
Well, the Government did create the Internet. And the roads. And it’s the Government’s job to ensure the air and water stay clean. And it was the Government that got rid of lead in gasoline. And it was the Government that had to legislate Obamacare, to try to raise the level of US healthcare to something approaching the rest of the developed world.
Which your Republicans seem very unhappy about, for some reason...
[ link to this | view in chronology ]
Re: Re: Those who always think Government is the answer
[ link to this | view in chronology ]
Re: Re: Re: Those who always think Government is the answer
[ link to this | view in chronology ]
Re: Those who always think Government is the answer
"and all the rest CANNOT make you buy their service"
Oh they can't? What if the option is either NO internet connection or the other duopolist that do exactly the same? Go without? Heck yeah, Middle Ages to the US! Or not.
Wither you are naive or you are a good comedian. I assumed the latter and gave you a funny vote!
[ link to this | view in chronology ]
Re: Re: Those who always think Government is the answer
I'd more say it has been the result of poor government. It has been the government itself that has protected the monopolists and duopolists from competition.
[ link to this | view in chronology ]
Re: Re: Re: Those who always think Government is the answer
[ link to this | view in chronology ]
But, will they ("consumers") wake up to the fact that they ("consumers") are the ones to blame from ... for being willfully blind and not stopping this when it was stoppable?
[ link to this | view in chronology ]
Re:
and it is the consumer who is responsible for all things that go bad everywhere because those in positions of power and influence are too busy doing good work elsewhere and they simply do not have the time to help people who lack the resources to adequately defend themselves.
[ link to this | view in chronology ]
But emails!
[ link to this | view in chronology ]
For more time than most care to remember, the FCC has had mission creep. The most recent group of commissioners have been perhaps the worst in this regard, taking it upon themselves to write the rules rather than just applying them. Changes such as Net Neutrality and Title II classification is something that really should have been done at the legislative level, and not at the administration level. Both of those steps, while perhaps good, are significant changes in both regulation and business models.
Thr FCC should have worked with congress to craft legislation that would have made this the law of the land, and not just a rule document from the commission. Without being codified in law, the entire thing can be reversed within minutes, or can easily be overridden by congress stating in law that it's not the FCC's position to make such a choice. This is what is likely to happen.
If the lack of net neutrality creates issues for consumers, then it's the FTC that should be looking into it and not the regulator of the airwaves. It's a business question and not a broadcasting issue.
[ link to this | view in chronology ]
AOL is coming back!
What is sad is that you would have to be blind or very ignorant to the current and sad state of broadband in this country to believe that this will do good and not just roll to serve the corporate interests of the most powerful telecom companies on the planet. But then again if you "only check email and it's good enough for me" then you probably have no idea of what a good connection works like or what you are missing because you don't use the network as a business tool or for gaming.
Just remember that they will kill everyone on your buddy list if you violate their TOS.
Get 1000 Free Hours!
Tell em sooooooorad@aol.com sent ya. ;)
[ link to this | view in chronology ]
[ link to this | view in chronology ]
>>>Of *course, his advisory team can't just call this spade a spade...
/grammar nazi
>>> "dollar per *holler"
/spelling nazi
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Seeing Trump's definition of a "blind trust", I think it's obvious he has trouble with the English language. Case in point here: "draining the swamp". Hint: this is not done by adding alligators and industrial waste in the water.
[ link to this | view in chronology ]
[ link to this | view in chronology ]
Keep up the good work
I'm sure they're scared now that you've blown the lid off their scheme.
[ link to this | view in chronology ]
Re: Keep up the good work
[ link to this | view in chronology ]
Re: Re: Keep up the good work
[ link to this | view in chronology ]
Right, "consumer protection" -- as if
What "consumer protections"? The FCC is worse than worthless, it's become a conduit for globalist elitists and free-speech opponents to push their agenda.
Another pretentious entity pushing excessive bureaucratic involvement.
"Consumer protections." Right. How friggin stupid can you get? How friggin stupid do you think your average workaday Joe is? He can add 9 and 5 and come up with the square root of 196.
[ link to this | view in chronology ]