Rumors indicate that Federal Communications Commission Chairman Pai will soon announce a plan to roll back the agency’s landmark 2015 Open Internet Order. Public Knowledge urges President Trump to honor his campaign promises to put Americans before monopolies by preserving net neutrality rules as he nears the end of his first 100 days.
We remember the surrender of General Robert E. Lee
at the Battle of Appomattox Courthouse as the end of the Civil War, despite the
fact that Confederate forces remained in the field for several weeks thereafter.
The announcement by AT&T and Deutsche Telekom (DT) that they have told the Federal Communications Commission (FCC) to dismiss their
application to transfer T-Mo to AT&T “without prejudice” is rather similar.
Any tactician knows that battles can be won or
lost by defining the battlefield. Skirmishes like the fight over whether Sprint
and C. Spire (formerly Cell South) can go ahead with their private lawsuits
against AT&T’s acquisition of T-Mobile help define the terrain for the
bigger fights to come (order here). By ruling on what constitutes a recognizable injury
under the antitrust rules and making preliminary determinations about the
nature of the market, the Order sets the boundaries of what arguments DoJ can
make and what it will need to do to prove its case. Where AT&T manages to
have certain market definitions locked in and certain potential injuries
excluded as not cognizable under antitrust in these early rounds, it gains an