On December 6th, Deputy Assistant Jon Sallet of the Department of Justice Antitrust Division spoke at the Capitol Forum Broadband Competition Conference in Washington, DC. Sallet spent several years at the FCC and in July 2016 announced that he would begin working for the Department of Justice (DOJ).

Sallet’s remarks emphasized the importance of competition for the health of the Internet ecosystem. He pointed out that, in order for residents, businesses, and other entities to get the most out of the possibilities of Internet access, policy, regulation, and enforcement must encourage the mosaic that comes with competition. The DOJ will have decide how it wishes to apply these considerations as it faces upcoming decisions about potential mergers, such as the proposed CenturyLink and Level 3 merger or the AT&T and Time Warner merger.

When shaping our approach, he argues, we must consider four powerful elements that require a delicate balance:

• First, competition is the best driver of innovation and consumer benefits in the Internet ecosystem; that ecosystem in which broadband connectivity is a critical component. Thus it is important to understand the state of competition, especially in those high speed connections that provide today the platform for so many complementary services provided by what we now call “the edge.”
• Second, both antitrust law and public policy must rest upon a sound understanding of the incentives and abilities of broadband providers to artificially shape competition not only in the markets for residential Internet access but also in complementary markets across the Internet ecosystem.  Here it is valuable to reflect upon the decades-long conclusion that telecommunications networks hold gatekeeper power that can be used to threaten competition.
• Third, government should protect competition from artificial constraint that injures consumers and, especially in dynamic markets, threatens the future of innovation. The shared, overlapping jurisdiction of the FCC and the division focuses on the review of telecommunications mergers.  Such reviews should be carried out always with a clear- eyed vision of the impact of market conditions on consumers today and innovation tomorrow.
• Finally, the FCC has determined that an Open Internet advances economic and social goals so important that they...

In a break from our traditional format of 20-30 minutes (or so), we have a special in-depth interview this week with Harold Depriest, the former CEO and President of Chattanooga's Electric Power Board. He recently retired after 20 incredibly transformative years for both Chattanooga and its municipal electric utility. 

We talk about the longer history behind Chattanooga's nation-leading fiber network and how the culture of the electric utility had to be changed long before it began offering services to the public. We also talk about the role of public power in building fiber networks.

Something we wanted to be clear about - we talk about the timeline of when Chattanooga started to build its network and how that changed later when the federal stimulus efforts decided to make Chattanooga's electric grid the smartest in the nation. This is an important discussion as few understand exactly what the grant was used for and how it impacted the telecommunications side of the utility. 

But we start with the most important point regarding Chattanooga's fiber network - how it has impacted the community and the pride it has helped residents and businesses to develop. For more information about Chattanooga's efforts, see our report, Broadband at the Speed of Light, and our Chattanooga tag. 

Read the transcript of the show here.

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Thanks to mojo monkeys for the music, licensed...

Consumers should be able to expect a certain amount of privacy and recent rules adopted by the FCC are a step in the right direction. That step has also revealed some key differences between profit-driven national Internet service providers, smaller ISPs, and municipal networks. The different attitudes correspond with the different cultures, proving once again that small ISPs and munis have more than just profit in mind.

On October 27th, the FCC adopted an Order to allow ISP customers to determine how their data will be collected and used. According to the FCC, they made the decision in response to public comments about the concern for personal data protection.

The New Rules

Over the past few years, consumers have become savvy to the fact that ISPs have access to personal data and that they often sell that data to other companies for marketing purposes. Under Section 222 of Title II of the Communications Act, telecommunications carriers are bound to protect their subscribers’ private information. Because those rule are designed to change as technology changes, says the FCC and Congress, this same authority applies to private data collected by ISPs. 

The FCC decided to divide the permission of use of personal information based on type, categorizing information into “sensitive” and “non-sensitive.”

Sensitive information will require ISPs to obtain “opt-in” consent from subscribers, which will allow them to use and and share this type of information:

• Precise geo-location 
• Children’s information
• Health information 
• Financial information
• Social Security numbers
• Web browsing history
• App usage history
• The content of communication 

Non-sensitive information would include all other information and customers would need to "opt-out" in order to prevent their ISPs from collecting such data. Examples of non-sensitive personal information include service tier information.

The new rules also require providers to follow “up-to-date and relevant industry best practices” in reference to managing security...

Much like the the bone-chilling flicks celebrating eerie entertainment that dwells in the depths of our dark imaginations, monster cable and DSL Internet service providers strike terror in the hearts of subscribers…if they survive. Mesmerizing fees, hair-raising customer service, and shockingly slow connections can drive one to the brink of madness.

In celebration of Halloween 2016, our writers each selected a national ISP and reimagined it as a classic horror character. The results are horrifying! Read them here…if you dare!

AT&T’s Frankenmerger

by Kate

This shocking film tells the horrific tale of a mad scientist in his quest to create the world’s largest telecommunications monopoly monster. The scientist’s abomination runs amok, gobbling up company after company, to create a horrifying monster conglomerate. Watch the monster terrorize towns across America as it imposes data caps, denies people access to low-cost programs, and refuses to upgrade infrastructure. What nightmare lies ahead? Will the townsfolk and their elected officials unite to stop the monster, before it acquires Time Warner? Watch and find out!

The Mummy From Last CenturyLink

by Scott 

Archaeologists unearth the Last CenturyLink Mummy from a rural field of copper wires. Townspeople put the Mummy on display in Hard Luck City Hall. Little do they know the Last CenturyLink Mummy was once Pharaoh of DSL (Dreadfully Slow Line) service. Long ago, he was cursed by subscribers and doomed to remain in the slumber of purgatory, much like the DSL Internet access they endured. He awakes when he...