Two Think Minimum
Two Think Minimum

The FCC and the New Telecom and Media Landscape: A Conversation with Jonathan Make and David Kaut

Hi and welcome back to TPI’s podcast, Two Think Minimum. It's Thursday, June 7th, 2018, and I'm TPI Research Fellow, Sarah Oh. Today we're excited to talk with two of the most knowledgeable journalists covering telecom policy, Jonathan Make and David Kaut, from Communications Daily. J

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Episode Summary

Executive Summary: The episode examines why net neutrality became unusually polarized, arguing it is a unique telecom issue amplified by partisan politics, media attention, and high-profile activism. The guests also discuss legislative prospects, the FTC’s role in broadband oversight, and how major telecom/media mergers could reshape policy and local journalism.

Main Topics: Net neutrality as a uniquely high-profile telecom issue (Priority: 5/5): The speakers argue that net neutrality is not representative of most telecom debates, which usually stay out of public view. Its prominence was boosted by John Oliver, FCC actions, and broader political polarization. Legislation and the search for a long-term framework (Priority: 5/5): They debate whether Congress can create bipartisan net neutrality legislation or a broader telecom rewrite, noting that many industry players want stability but political incentives complicate compromise. FTC authority and the AT&T throttling case (Priority: 4/5): The conversation explains the Ninth Circuit dispute over whether the FTC can police AT&T’s non-common-carrier conduct, especially data throttling and allegedly deceptive treatment of unlimited plans. Economic effects of net neutrality regulation (Priority: 4/5): They review whether Title II or lighter-touch regulation changes telecom investment, concluding that evidence is noisy, long-lagged, and often inconclusive. Major media and telecom mergers (Priority: 5/5): The panel assesses pending deals including AT&T-Time Warner, T-Mobile-Sprint, Disney-Fox, Comcast-Sky, and Sinclair-Tribune, focusing on regulatory risk, market structure, and timing. Local journalism and media concentration (Priority: 4/5): Sinclair-Tribune becomes a lens for discussing localism, broadcast ownership limits, and the decline of newspapers and local news competition. The changing journalism market (Priority: 3/5): The guests contrast healthy specialty reporting with struggling local newspapers, arguing that niche policy coverage remains viable while broad local news is under severe pressure.

Key Arguments: Net neutrality is unusually public and emotional because it has entered mainstream culture, unlike most telecom policy. Broad political polarization, not just telecom specifics, has intensified the debate and reduced room for centrist compromise. Industry support for legislation is partly genuine, but many actors favor it only when the policy outcome benefits them. A congressional resolution would likely be a temporary veto of FCC action rather than a durable new framework. The FTC case matters because broadband oversight may shift between agencies depending on classification and court rulings. Evidence on investment effects is weak; companies plan capital spending far in advance, and regulatory changes often show up only on the margins. Merger outcomes may turn as much on regulatory precedent, timing, and personalities as on pure economics. Local news decline makes broadcast ownership and consolidation politically salient beyond the size of the transactions themselves. Specialized journalism has a healthier business model than local general-interest newspapers because there is a concentrated audience with urgent information needs.

Data Points: Podcast date: Thursday, June 7, 2018 - Opening introduction sets the time frame for the discussion. Comments comparison year: 2010 vs. 2015 - Referenced in Scott Walston’s question about textual analysis of net neutrality comments. Blue dog Democrats who opposed Title II: About 70 - Jonathan notes roughly 70 House Democrats signed a letter opposing Chairman Genachowski’s Title II push in 2010. FCC/UHF ownership cap history: 35% to 45%, then back to 39% - Discussion of broadcast ownership limits and congressional/FCC action. Market value comparison: Facebook changes by multiples of what Sinclair-Tribune is worth - Used to illustrate that Sinclair-Tribune is financially small but politically significant. AT&T-Time Warner deal size: Over $100 billion - Compared with other pending media mergers. Other major merger size: Roughly $50 billion each - Referenced for some of the other large media transactions under discussion. Sinclair-Tribune deal size: A couple, several billion dollars - Characterized as much smaller in market value than other deals. Denver Post newsroom size: About 60 journalists - Used to show how much local newspapers have shrunk. Former Denver Post newsroom size: 300 to 400 journalists - Historical comparison illustrating decline in local news staffing. Stock market event-study finding: Nothing found - Bob Crandall’s paper reportedly found no clear stock-price reaction to net neutrality surprise announcements. AT&T throttling scope: 1% or possibly 10,000 to 20,000 customers - Discussed as a small but important subset of users affected by data throttling. Broadband planning horizon: Investment plans set far in advance - Used to explain why regulation may not immediately change capital spending.

Pivotal Quotes: "Net neutrality, it's gotten into the popular consciousness." — Jonathan Make: Explaining why the issue feels different from most telecom policy debates. "I think net neutrality is in its own world." — David Kaup: Arguing that the issue is unusually visible and partisan compared with routine telecom disputes. "It's more like, from a Democratic perspective, it would be: okay, this strengthens things for now." — David Kaup: Describing why a congressional action would be seen as a temporary fix rather than a final solution.

Implications: Net neutrality’s future depends less on technical policy consensus than on partisan control, court outcomes, and whether Congress can build a durable telecom framework. The same dynamics will shape mergers, FTC authority, and the survival of local journalism.

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