2021's Top Tech Policy Stories in Review with Jonathan Make

Episode Summary

Executive Summary: The episode reviews major 2021 telecom and tech policy developments, centered on FCC and FTC leadership transitions, delayed nominations, net neutrality, transparency during the pandemic, and high-profile regulatory debates. Jonathan Make argues that the biggest story is the slow reconstitution of key agencies, which may unlock action on broadband, privacy, and antitrust in 2022.

Main Topics: FCC and FTC leadership vacancies and confirmations (Priority: 5/5): The conversation focuses on delayed or pending confirmations for FCC nominee Gigi Sohn, FTC nominee Alvaro Bedoya, and the appointment of NTIA head Alan Davidson, emphasizing how agency action has been constrained by incomplete leadership. Gigi Sohn controversy and recusal over Locast (Priority: 5/5): Jonathan explains that opposition to Sohn is partly about Locast and intellectual property, but also serves as a proxy for broader fights over net neutrality, broadband regulation, and FCC direction. Jessica Rosenworcel’s FCC tenure and agency transparency (Priority: 4/5): Rosenworcel is praised for managing the FCC effectively under a 2-2 split, but the agency is criticized for reduced transparency and fewer public-facing press interactions during the pandemic. Net neutrality and the California law (Priority: 5/5): The panel discusses the Ninth Circuit’s refusal to block California’s net neutrality law and the likelihood that the FCC will eventually revive net neutrality rulemaking once it has a full commission. FTC posture, privacy, and ghost voting (Priority: 4/5): The discussion turns to FTC Chair Lina Khan, Alvaro Bedoya’s privacy background, and the unusual 'ghost vote' controversy involving Commissioner Rohit Chopra after he left the commission. 2022 policy agenda: privacy, mergers, and local news (Priority: 3/5): Looking ahead, the episode highlights federal privacy legislation, possible telecom/media mergers, Amazon-MGM review, and Jonathan’s move into local journalism in Wyoming.

Key Arguments: The absence of a full complement of commissioners at the FCC, FTC, and NTIA has materially limited policy action and delayed major decisions. The Gigi Sohn controversy over Locast is likely less about the narrow copyright issue and more a proxy battle over broader FCC policy priorities such as net neutrality and broadcast ownership. Rosenworcel’s main achievement has been keeping the FCC functioning smoothly despite a 2-2 split, but the pandemic has weakened public transparency and regular press access. The FCC is likely to revisit net neutrality rulemaking once it has a full commission, potentially restoring rules similar to those in the Obama era. California’s net neutrality law may not become a true nationwide standard, but it increases pressure on federal regulators and could remain in force unless overturned on appeal. At the FTC, Bedoya’s privacy background aligns with the current Democratic agenda and may support more aggressive enforcement, though the agency’s structure and limited resources still constrain action. The ghost-vote issue is unusual and potentially problematic because stakeholders were not clearly informed what votes were being counted after Chopra departed. Federal privacy legislation remains a major possible 2022 development, but bipartisan agreement will be difficult and likely limited to a few narrower proposals.

Data Points: Podcast date: Monday, January 31st, 2022 - Opening introduction to the year-in-review episode FCC split: 2-2 - Rosenworcel was operating the FCC without a full commission majority FCC/FTC vacancies: 3 key nominee/leadership slots discussed - Gigi Sohn at FCC, Alvaro Bedoya at FTC, Alan Davidson at NTIA Locast docket: 1071 - Mentioned as the FCC proceeding tied to Sohn’s recusal letter Locast proceeding start: 2010 - Used to illustrate how long retransmission consent issues have lingered Vacancy at NTIA head: since approximately May 2019 - Alan Davidson was filling a long-vacant permanent leadership role Ghost vote timing: up to a month after departure - Description of how long Commissioner Chopra’s votes may have remained in force after leaving the FTC Transparence period: first year of the pandemic - FCC reportedly held none or very few news conferences during this time FCC chair news conferences: monthly - Rosenworcel is now holding monthly press conferences FTC meetings: virtual public meetings - Noted as a transparency improvement under Chair Lina Khan Local move timing: in about a week - Jonathan says he will soon move to Cheyenne, Wyoming Broadband subsidy program: ACP - Consumer broadband signup discussion mentions the FCC-subsidized program CenturyLink/Lumen legacy: baby bell - Referenced while comparing DSL and cable service options

Pivotal Quotes: "It’s definitely been three, maybe even four years, and we’ve had a shifting roster of personnel." — Jonathan Make: On the podcast’s recurring annual year-in-review and the repeated delays in filling agency leadership posts "The trend is generally once any institution stops doing something that has to do with the public or reporters or external communications, rarely does it start again." — Jonathan Make: On reduced FCC transparency and the difficulty of restoring pandemic-era communication practices "This one somewhat narrow issue may have become a proxy or litmus test for other issues." — Jonathan Make: On how the Locast controversy broadened into a larger political fight over Gigi Sohn

Implications: Expect more regulatory movement in 2022 if the FCC and FTC are fully staffed. Net neutrality, privacy, and antitrust could become more active, but transparency and bipartisan cooperation remain major obstacles.