The Surprising (to me) Narrowness of the D.C. Circuit’s Title II Decision

by Hank Hultquist

Vice President of Federal Regulatory

I have to confess that, at the time the D.C. Circuit upheld the FCC’s 2015 Title II order, I did not focus on the court’s analysis of the First Amendment claims raised by other parties. Only after reading the concurrence in the recent court decision declining to rehear the appeal, did I understand the panel…

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Failing to Pass the Straight-Face Test

by Hank Hultquist

Vice President of Federal Regulatory

Yesterday, AT&T filed comments with the Office of Management and Budget on the FCC’s woefully deficient analysis of the burdens associated with the so-called enhanced transparency requirements adopted in the 2015 Open Internet Order (OIO). The Commission’s analysis evinces a complete disregard for its responsibilities under the Paperwork Reduction Act. The FCC has not specifically…

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The FCC’s Misguided Quest

by Hank Hultquist

Vice President of Federal Regulatory

In comments filed on Friday in the FCC’s set-top box proceeding, we observe that, like an old general fighting the last war, this Commission seems to be making its stand for a technology that is rapidly being supplanted. As Tim Cook has said, and as almost everyone knows, the future of TV is apps. But…

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Title II Closing Arguments

by Hank Hultquist

Vice President of Federal Regulatory

Today, AT&T made a couple of filings at the FCC regarding its authority to reclassify Internet service providers (ISPs) as common carriers. Given that this decision seems driven by political considerations, I hold out little hope that the FCC will alter its course, but the letters nonetheless try to set out what we see as…

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Welcome to the World Of Title II Regulation

by Hank Hultquist

Vice President of Federal Regulatory

Occasionally a proponent of Title II regulation of Internet access will ask, in effect, what’s so bad about Title II? What follows is a cautionary tale about the absence of regulatory certainty in the world of Title II regulation; a world into which so many net neutrality proponents want to throw the Internet.  I think…

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Going All-IP in Alabama, Florida

by Hank Hultquist

Vice President of Federal Regulatory

The United States is in the midst of a historic network transition that FCC Chairman Wheeler has called “the fourth network revolution,” comparing it to the invention of the printing press, the birth of the railroad, and the advent of instantaneous communication made possible by the telegraph and the telephone.  The source of this revolution,…

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Critical of CAF in the 10th Circuit

by Hank Hultquist

Vice President of Federal Regulatory

Yesterday, more than two years after the FCC adopted transformational reforms of universal service and intercarrier compensation, critics of that order (which include AT&T on a single, discrete intercarrier compensation issue) finally had their day in court. And by all reports it was a long and exhausting day with more than two dozen lawyers arguing…

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So, Why is there No Rural Email Completion Problem?

by Hank Hultquist

Vice President of Federal Regulatory

Just over a week ago, the FCC released an order intended to try and improve the rate at which long distance calls to rural areas are completed. That led to a somewhat cryptic tweet on which I now expand. (In today’s blog “email” is playing the role of Internet traffic in general.) Have you heard…

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Anchor Institutions or a Digital Bridge to Nowhere?

by Hank Hultquist

Vice President of Federal Regulatory

One of the most important issues that the FCC should examine in considering a proposal to expand its E-rate programs, is the issue of “dark fiber.” Dark fiber refers to fiber optic cable that has not been activated, or “lit,” for use. Some people are saying that the FCC should expand E-rate by expending limited Universal…

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