Don’t expect a Trump-Democratic love fest over the AT&T-Time Warner merger

Last July, the U.S. Department of Justice filed an appeal of a U.S. District Court-District of the District of Columbia finding that AT&T’s acquisition of Time Warner Media would not hurt competition. The Justice Department, according to The Hill, believes the acquisition would harm competition where AT&T might not provide access to its newly acquired content by other competing content providers or video delivery networks.

Democrats today hinted that once they take-over the U.S. House, they would investigate the Trump administration’s opposition to the merger. Since the campaign for the presidency in 2016, Mr. Trump has verbalized his concern that a merger between the telecommunications giant and the media giant would be a bad thing because of the size of the new entity. In addition, Mr. Trump has expressed no love for CNN, the cable news network that would be one of the crown jewels on AT&T’s new portfolio.

As if any one needed a reminder of the no love lost between the Trump administration and the Atlanta-based news organization, one needed look no further than the spat between CNN’s Jim Acosta and President Trump during a press conference last week. Mr. Trump had no problem suspending Mr. Acosta’s access to the White House.

Congressional Democrats have attacked the merger from the net neutrality angle. Democrats such as Senator Ed Markey have come out against the merger in part due to antitrust and consumer protection reasons. According to Senator Markey, telecommunications policy should ensure that, ” … those with the best ideas, not simply the best access, can share their content with the world.”

But given that net neutrality was not at the top of voters’ holiday shopping list last week, I don’t expect Democrats to approach the Trump administration with anything that looks like a temporary truce. According to analysisanalysis by Gizmodo, a sweep of 1,180 campaign websites saw very few office seekers trumpeting the call for a free and open internet. Real household issues, such as healthcare and the economy, were on the top of family priorities.

I’ve read analysis where it is expected that outgoing Republicans licking their wounds from their 2018 defeat will vote to approve the resolution that passed last May in the U.S. Senate to repeal the Federal Communications Commission’s Restoring Internet Freedom order. This order, passed in 2017 by the Commission, repealed a 2015 Commission order that implemented net neutrality rules. The argument is that outgoing GOP congressmen who probably leaned toward the open internet philosophy would want to appease their former constituents by supporting net neutrality rules. I don’t see that happening.

I expect that outgoing Republicans will pay attention to whatever housekeeping matters are on the agenda, including tomorrow’s testimony by Federal Reserve chairman Jerome Powell before the House financial services committee. Besides, why would a GOP former congressman want to relieve themselves of their conservative bona fides so early after an election. You just don’t relieve yourself so quickly of political capital that you will need for any future political endeavors.

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Government’s role in regulating access to personal data

Yuval Noah Harari recent wrote an article for The Atlantic where he posed the question, “How do you regulate the ownership of data?” Professor Harari argues in the article that data is the most important asset today, moving ahead of land and machinery.  “Politics will be a struggle to control the data’s flow”, says Professor Harari.

Last spring saw the United States Congress’ struggle to at least map out a course through the turbulent waters of data privacy as members of the House of Representatives and Senate took the opportunity to grill Facebook CEO Mark Zuckerberg about his company’s handling of personal data obtained from the social media giant by a consultancy.

Part of this struggle may be due in part to the popularity of social media network platforms. Facebook has climbed from a digital bulletin board developed in the early 2000s in an Ivy League college dorm room to a global subscribership of over two billion people.  Former president Barack Obama’s Twitter following is in the millions while the current president, Donald Trump, is not shy or slow to taking to Twitter to either connect with and inform his base of supporters or attack the traditional media for what he perceives as unfair coverage of his administration.

Professor Harari notes that users of social media network platforms have not reached the point where they are ready to stop feeding the “attention merchants.”  Speaking on the difficulty subscribers may have in exchanging personal data for “free” services, Professor Harari points out that:

“But it, later on, ordinary people decide to block the flow of data, they are likely to have trouble doing so, especially as they may have come to rely on the network to help them make decisions, and even for their health and physical survival.”

Professor Harari offered up one solution, nationalization of data, to stem the abuses that corporations may impart on addicted social media and internet consumers, but admits that just because an asset is in the hands of government doesn’t mean things will necessarily go well.  Hence the question, how should the ownership of data be regulated?

The question will require public policymakers and politicians go through the exercise of defining “personal data.”  Would personal data be any characteristic about you? Would it be about any marker, no matter how temporary or permanent, that can be attached to you?  Must the “data” be something that the consumer actually produced?

Politically, attention merchants would want a narrow reading of the definition of personal data.  A narrower reading of personal data means being able to obtain more information pursuant to fewer restrictions. While this outcome would be ideal for corporate entities in the business of brokering data, I don’t see Republicans, even with their mantra of promoting business, enthusiastically endorsing less restrictive collection of personal data given the public’s concern for privacy.

State resources either Abrams or Kemp can use to drive rural broadband in Georgia.

At first blush, the stances of the two candidates for Georgia on the issue of broadband deployment are pretty much standard fare.  Citing her responses to a questionnaire by the Georgia Chamber of Commerce Democratic Party candidate Stacey Abrams describes broadband an essential business service.  To boost the economy of rural Georgia, Ms. Abrams mentions her support for the Georgia Department of Transportation’s efforts to expand broadband along the state’s rights-of-way.

Ms. Abrams is referring to the Georgia Department of Transportation’s Georgia Interstate and Wireless Broadband Deployment P3 Project.  The primary goal of GDOT’s broadband project is statewide expansion of GDOT’s NaviGAtor traffic management system.  GDOT considers NaviGAtor as a first step toward bringing broadband to more of the state’s citizens.  GDOT states that by recycling its assets i.e. state rights-of-way, GDOT can accomplish the mission without any additional tax revenues. Once private partners are on board, the project is slated to take 25 years to design construct, and deploy the fiber optic cable and small cell network along 1,300 miles of state rights-of-way.

Republican Party candidate Brian Kemp echoes Ms. Abrams sentiments about broadband being a game changer for rural Georgia.  While not citing GDOT’s NaviGAtor, Mr. Kemp cites similar benefits offered by the state’s program including eliminating fees for use of state rights-of-way; exploring tax incentives for tech companies and entrepreneurs  committed to expanding high-speed internet access in rural Georgia, and incentivizing public/private partnerships with the use of low interest loans.

Rural broadband deployment has moved further to the front of the national policy agenda line.  Federal Communications Commission chairman Ajit Pai, himself a native of rural Kansas, has been touting closing the rural digital divide since joining the FCC.

Georgia, according to the website BroadbandNow, is America’s 20th most connected state, but has some work to do when it comes to increasing the availability of alternatives for 1.4 million residents who have access to only one wired provider. Approximately 870,000 Georgia residents do not have access to a wired connection with at least 25 megabits per second download speeds.

Georgia has already taken steps to help bring more broadband networks to its citizens. In addition to GDOT’s NaviGAtor traffic management system, the state’s Department of Community Affairs is required to develop the Georgia Broadband Deployment Initiative,  a program that provides for funding for the purpose of delivering broadband to unserved areas.  Money is to be spent on capital expenses and expenses directly related to the purchase or lease of property or to communications services or facilities. Through the funding of qualified political subdivisions i.e. cities, counties, etc., Georgia hopes to promote trade, commerce, investment, and employment opportunities.

An additional state resource that Georgia can use to close its rural broadband divide is the OneGeorgia Authority.  OneGeorgia, with the use of two funds, provides financing for rural areas committed to developing their economies.  By law, Georgia’s governor serves as OneGeorgia’s chairman, putting either Ms. Abrams or Mr. Kemp in a power position to drive rural Georgia’s broadband deployment in particular and the state’s economic growth overall.

 

 

The likelihood of net neutrality being codified in statute looks dim…

Republicans in the U.S. House and U.S. Senate have been pushing for legislation that codifies net neutrality principles, making them a part of federal law.  Even with control of both chambers of the U.S. Congress, Republicans have not been able to convince enough Democratic members of Congress to get on board with passing a law that would avoid the back and forth pendulum between promulgating and repealing net neutrality rules on the agency level at the Federal Communications Commission.

Last spring, 52 U.S. Senators, including three Republicans, voted to reinstate net neutrality rules that were repealed in December 2017 by FCC chairman Ajit Pai’s Restoring Internet Freedom Order.  Mr. Pai’s treatment of net neutrality keeps the emphasis on one of the open internet’s four principles, transparency but leaves the other three principles; throttling, paid prioritization, and blocking, up to the “network effect”, where broadband access providers argue that discouraging use of the internet by blocking, throttling, or discriminating between carriers would lead to a devaluation of their networks, thus an illogical approach to take.

GOP control of the House is under threat this November.  If election sentiment carries over into the midterms, it is likely that the Democratic Party will capture the House.  Rasmussen Reports found that 47% of likely voters in the United States’ midterm elections are likely to vote for the Democratic Party while 42% of likely voters may cast their ballots for the Republican Party.

In the U.S. Senate, Republicans hold 51 seats while the Democrats hold 47 seats. Two independents, Angus King of Maine and Bernie Sanders of Vermont, caucus with the Democrats.  The Democrats need at least four seats to regain control of the Senate.

In the U.S. House, Republicans hold 236 seats to the Democrats 193.  Democrats need to pick up at least 25 seats to garner a House majority.

Will Democrats run on net neutrality as an issue? Based in polling from Pew Research, net neutrality is likely not an issue to grab the eardrums of voters.  For all voters, economic issues overall took first place, according Pew’s poll.  When broken down, the top six issues were:

  1. Immigration
  2. Health care
  3. Education
  4. Politicians/Government systems
  5. Guns/gun control/gun laws
  6. Economy/economic issues

For Democrats, while the top three overall issues for all voters were also a part of the Democrats of top three issues, gun control, politicians and government systems, and jobs rounded out the bottom three of their top six concerns.

House Democrats are aligning with their base’s apparent lack of priority for net neutrality.  Looking at a sample of 102 House Democrat websites, only four (3.9%) of those sites mentioned net neutrality, the open internet, or internet freedom as a key issue.

The low priority given to net neutrality this campaign season by voters and House Democrats tells me that Democrats will be in no hurry to join Republicans in drafting a bipartisan net neutrality bill.