FCC Proposes Framework for Supplemental Coverage from Space

On March 16, the FCC adopted a Notice of Proposed Rulemaking in a proceeding that the agency calls "Single Network Future: Supplemental Coverage from Space." The Commission's proposal would establish a new regulatory framework for Supplemental Coverage from Space (SCS) that would facilitate the integration of satellite and terrestrial networks. As the Notice explains, the Commission's proposal would enable satellite operators collaborating with terrestrial service providers to operate space stations on currently licensed, flexible-use spectrum allocated to terrestrial services, thereby expanding wireless coverage to the terrestrial licensee's subscribers. In other words, the Commission's framework would make it easier for terrestrial wireless service coverage to be supplemented by service coverage delivered from space stations. This includes providing wireless connectivity from space stations directly to everyday wireless devices used by consumers and business enterprises. SCS has the potential to significantly expand or at least improve wireless services in unserved and underserved areas that are geographically difficult to connect. 

In a March 6 blog post, titled "Big Announcements on Deployments of Direct-to-Device (D2D) Satellite Services," I wrote about Ligado Networks' partnership plans to offer D2D mobile connectivity to enterprises and consumers in areas were terrestrial cellular wireless coverage is lacking. The Commission's Notice in its Single Network Future proceeding appears intended to promote similar types of innovative collaborative efforts by satellite and wireless providers. 

 

The Single Network Future proceeding is one of the most interesting and promising proceedings for American consumers on the FCC's docket. The Commission did a good thing in adopting its Notice on facilitating SCS. 

Senators Reintroduce Bill to Require FCC Report on USF Contribution Reforms

On March 16, U.S. Senators Ben Ray Lujan, Roger Wicker, Todd Young, and Mark Kelly announced the reintroduction of the Funding Affordable Internet and Reliable (FAIR) Contributions Act. The bill, if passed by Congress, would require the FCC to conduct a feasibility study on collecting Universal Service Fund (USF) contributions from Internet edge providers. 

In a July 22, 2021 blog post, "Bill Would Require FCC to Consider Big Tech Contributions to Universal Service Fund," Free State Foundation Senior Fellow Andrew Long wrote about the FAIR Contributions Act upon its introduction in the 117th Congress. As Mr. Long explained, the FAIR Contributions Act would require the FCC to study and report to Congress on the classes of services that potentially could be assessed, along with the relative merits for different proposals for selecting those services and ways of calculating the required USF contributions. The study and report also would address what sort of statutory authority the Commission would need in order to adopt such contribution reforms as well as the impact of such reforms on universal service programs. Additionally, the report would address the continued necessity of USF once broadband service capability has been deployed to all Americans. 

USF contribution reform is sorely needed, as I reiterated in my March 15 blog post, "Consumers Still Burdened as FCC Sets USF Surcharge Rate at 29%." Indeed, as Free State Foundation President Randolph May, Mr. Long, and I wrote in public comments filed in the FCC's Report on the Future of the Universal Service Fund proceeding in February 2022: 

As it now stands, the existing universal service system is fiscally unsustainable, and it most likely will collapse unless it is fixed. The USF contribution base is shrinking while program expenditures exceed $8 billion per year. Voice consumers are subject to a 25%-to-30% surcharge rate that has climbed exponentially over the last two decades. When Congress enacted Section 254 in 1996, it primarily had in mind voice services, not broadband services. Going forward, the universal service system needs a substantial make-over to comport with today's broadband- centric Internet ecosystem. 

The FAIR Contributions Act is a step is step in the right direction. There is plenty of upside in authorizing a careful study of the issue and no downside in doing so. The Senate should timely advance the bill and the 118th Congress should pass it. 

FSF's Annual Can't Miss Policy Conference on March 28! Space Is Limited!

REGISTER NOW HERE! Broadband Deployment and Adoption; Net Neutrality and Internet Freedom; Spectrum Policy and 5G; Privacy Regulation and Data Security; The FCC, NTIA, and FTC; Cancel Culture and Constitutional Culture...and more!  Keynote Speakers Include:   FCC Commissioner Brendan Carr

Scott Blake Harris Senior Spectrum Advisor, NTIA FCC Commissioner Nathan Simington

FTC Commissioner Christine Wilson

WHAT: FSF's Fifteenth Annual Policy Conference   WHERE: National Press Club, Washington, DC   WHEN: Tuesday, March 28, 2023 – 9:00 AM - 2:30 PM   The Free State Foundation will hold its Fifteenth Annual Policy Conference on Tuesday, March 28, 2023, at the National Press Club in Washington, DC. This annual conference is widely acknowledged to be one of the nation's premier law and policy events.   As in previous years, a truly outstanding lineup of senior officials and prominent experts from the FCC, FTC, other government agencies, industry, academia, and think tanks will discuss and debate the most important "hot button" communications and Internet policy issues of the day. These include regulations and policies relating to broadband deployment and adoption, spectrum, privacy protections, as well as competition policy, Cancel Culture, and other issues. Confirmed speakers include:   Enrique Armijo – Professor of Law, Elon University School of Law Brendan Carr – Commissioner, Federal Communications Commission Rick Chessen – Senior Vice President, Law & Regulatory Policy, NCTA - The Internet & Television Association Michelle Connolly – Professor of the Practice, Duke University Kathleen Grillo – Senior Vice President of Policy and Government Affairs, Verizon Scott Blake Harris – Senior Spectrum Advisor, National Telecommunications and Information Administration Chris Lewis – President and CEO, Public Knowledge Michael O'Rielly – Former Commissioner, Federal Communications Commission Nathan Simington – Commissioner, Federal Communications Commission  Christine Wilson – Commissioner, Federal Trade Commission  Christopher Yoo – Professor of Law, University of Pennsylvania Carey Law School REGISTRATION IS COMPLIMENTARY, INCLUDING CONTINENTAL BREAKFAST AND LUNCH.   BUT YOU MUST REGISTER TO ATTEND. REGISTER NOW HERE!   #FSFConf15

Consumers Still Burdened as FCC Sets USF Surcharge Rate at 29%

On March 14, the FCC's Office of Managing Director announced that the Universal Service Fund (USF) contribution factor for the second quarter of 2023 will be 29%. Barring any unlikely by the FCC's Commissioners, the proposed rate will soon kick in. Although that amounts to a slight decrease compared to the first quarter contribution factor of 32.6%, the figure is still unreasonably high and burdensome on voice consumers.  

The USF contribution factor is used to determine the line-item surcharge that is added to the monthly bills of voice consumers. The surcharges are functionally taxes imposed on voice consumers to pay for USF programs. As explained in my August 23, 2022 Perspectives from FSF Scholars, "Congress Should Consider Expanding Universal Service Contributions: FCC Poses a Potential Answer to USF's Financial Problems." In addition to pursuing contribution reforms, Free State Foundation President Randolph May recommended in his August 26, 2022 Perspectives from FSF Scholars,"The FCC's USF Report: Unprecedented Broadband Funding Requires Fundamental Universal Service Reforms," that Congress should re-evaluate the size of USF programs in light of the several billions that has recently been allocated to support broadband deployment and service on top of existing outlays for USF. Those additional subsidies include the $42.45 billion Broadband Equity, Access, and Deployment (BEAD) Program. And as FSF Senior Fellow Andrew Long explained in his August 30, 2022 blog post, "A True Assessment of the USF's Future Relevance Demands a Full Accounting of Broadband Subsidies."

Importantly, there also are serious questions regarding the constitutionality of how the USF quarterly contribution factor is determined. As explained in blog posts from April 2022 and October 2022, FSF President Randolph May and the Free State Foundation have joined amicus briefs in ongoing cases before federal circuit courts of appeal that raise challenges to the FCC's USF contribution regime based on the non-delegation doctrine and the major questions doctrine. 

Senate Action Still Needed to Preserve FCC's Spectrum Auction Authority

The FCC's statutory authority to conduct competitive bidding spectrum auctions and issue licenses to winning bidders is set to expire tonight, March 9. As of the writing of this blog post, the Senate has neither passed the S.650 – the temporary extension bill sponsored by Senator Mike Rounds, nor has it passed H.R. 1108 – which was passed by the House of Representatives last week. Hopefully, Congress can find a way to preserve the Commission's authority and thereby avoid any delays or disruptions in future spectrum auctioning and licensing.  

According to reports, there is disagreement between members of Congress over the length of the temporary extension to be granted to the Commission. Apparently, disagreement centers around the prospective reallocation of the 3.1-3.45 GHz band for commercial licensing by the Commission. It is reported that there is a Defense Department report on the 3.1-3.45 GHz band in the works, and that some members of the Senate prefer a lengthier extension so that Congress will have access to the forthcoming DoD report before making addressing future use of the lower 3 GHz band as part of a more long-term extension of the FCC's spectrum auction authority.

As explained in my February 2021 Perspective from FSF Scholars, "Fast Action on the Lower 3 GHz Band Will Secure America's 5G Future," reallocation and licensing of mid-band spectrum is particularly important for timely deployment of private commercial 5G wireless services. Repurposing 3.1-3.45 GHz band spectrum is rightly a top priority for Congress. And Free State Foundation Senior Fellow Andrew Long wrote in a Perspectives from FSF Scholars published on February 23 of this year, "Extending FCC Spectrum Auction Authority is Essential to the 5G Race." Thus, preserving the FCC's spectrum auction authority and the continuity of operations is undeniably necessary for making more mid-band spectrum available for commercial use. 

 

Right now, the onus is on the Senate to move matters forward on extending FCC spectrum authority. But one way or another, Congress needs to promptly work through the impasse and replenish the spectrum pipeline for next-generation wireless services. 

Big Announcements on Deployments of Direct-to-Device (D2D) Satellite Services

On March 2, ViaSat announced it had entered into a partnership with Ligado Networks and Skylo Technologies to offer direct-to-device (D2D) satellite services via Ligado's SkyTerra satellite network. This year, the partnership plans to use their respective satellite networks to enable smartphone messaging and Internet-of-things (IoT) services, including in areas where terrestrial wireless connectivity is weak or entirely lacking.

To date, satellite networks have provided connectivity and delivered communications to equipment designed specifically for satellite-delivered services. D2D services are an important breakthrough because they connect satellite networks to terrestrial cellular devices used by consumers and business enterprises.

Additionally, on February 23, Ligado Networks announced its partnership with Omnispace to combine their respective licensed mobile satellite service (MSS) spectrum in the L- and S-Bands for providing D2D capabilities including global voice, text messaging, and data connectivity. Together, Ligado and Omnispace intend to use their multi-orbit satellite networks to provide mobile connectivity to consumer and enterprise terrestrial cellular devices in areas where cellular coverage is lacking. 

 

Market freedom and flexible use spectrum licenses are essential to the success of innovative D2D offerings. And the FCC has an important role to play in encouraging future ventures involving interoperable satellite and terrestrial wireless networks. At its meeting on March 16, the FCC will be voting on its draft Notice of Proposed Rulemaking for a "Single Network Future."

 

According to the draft Notice, the rulemaking would "facilitate the integration of satellite and terrestrial networks by proposing a new regulatory framework for Supplemental Coverage from Space (SCS). The draft Notice is intended to provide a streamlined agency approval process for satellite operator collaborations with terrestrial wireless service providers involving operation of space stations on flexible-use spectrum that is allocated to terrestrial services.

 

The Commission appears to recognize the potential for satellite-terrestrial collaborations, such as those exemplified by Ligado's recent agreements with ViaSat and Omnispace, to reach unserved and underserved areas, enabling emergency communications and other beneficial uses for consumers and industries. This is a positive development. 

White Paper by IP Scholars Reject State-Level Regulation of Copyright Licensing

On February 13, the Federalist Society's Regulatory Transparency Project released a white paper titled "State Mandates for Digital Book Licenses to Libraries are Unconstitutional and Undermine the Free Market." The white paper's distinguished co-authors are Alden Abbott, Adam Mossoff, Kristen Osenga, and Zvi Rosen. Among Prof. Mossoff's many distinctions, he is a Member of the Free State Foundation's Board of Academic Advisors.

The white paper persuasively explains why legislation introduced in several states that would require authors and book distributors to license e-books to public libraries according to rates and other terms set by state law is preempted by U.S. copyright law. Moreover: "The proponents for these bills present a distorted view of the market for copyrighted works in order to rationalize unprecedented government intervention into the longstanding and fundamental rights of copyright owners to determine prices and other contractual terms in the market." And the white paper states that "these bills will undermine the very goal that their supporters seek—easy and affordable access to e-books."

 

Free State Foundation President Randolph May and I analyzed the legal defects of state compulsory licensing of ebooks to public libraries in our March 2022 Perspectives from FSF Scholars, "State Laws Forcing Publishers to License Ebooks to Libraries Are Unlawful." And in a May 2022 Perspectives from FSF Scholars, "State Restrictions on Ebook License Prices Are Preempted by Federal Law," I explained why state-level rate controls of ebook licensing also run afoul of federal copyright law. 

 

The Constitution and the Copyright Act establish a uniform nationwide system for copyright protection that ensures that creators have financial opportunity to seek returns on their creative labors. But any state laws that seek to regulate the exclusive rights of copyright owners in their creative works – whether movies, TV shows, sound recordings, or literary publications – would conflict with that system and undermine incentives for creative enterprise. States should be mindful of preemption principles and not seek to mandate the licensing or licensing rates for copyrighted works.

Stopgap Extension of FCC Spectrum Auction Authority Passes U.S. House

On February 27, the U.S. House of Representatives H.R. 1108, a bill that would extend until May 19 of this year the FCC's statutory authority to conduct competitive bidding auctions for spectrum licenses and to issue licenses. Currently, the Commission's authority is set to expire on March 9. H.R. 1108 passed the House on a voice vote.

Free State Foundation Senior Fellow Andrew Long wrote about the economic and national security importance for the U.S. to be global 5G leader in his February 23 Perspectives from FSF Scholars "Extending FCC Spectrum Auction Authority Is Essential to the 5G Race."

 

The House and bill sponsor Congresswoman Cathy McMorris Rodgers deserve credit for the passage of H.R. 1108. Hopefully, the Senate will do its part to advance H.R. 1108 or similar legislation and extend the Commission's spectrum auctioning and licensing authority. And Congress should use the intervening time to pass a long-term extension of that authority. 

Consumer Preferences Steadily Shift to Streaming Video

During the second half of 2022, the percentage of U.S. households with a pay TV subscription (think: "cable") fell below half for the first time. When presented with the choice between accessing a specific show on a linear channel or a subscription video-on-demand (SVOD) service, consumers increasingly opt for the latter – and not just to avoid ads: younger Americans, in particular, "emphasize that SVOD is the place where they already watch shows most of the time." And speaking of SVOD, one analyst expects SVOD services to add 40 million new subscriptions in 2023 – an impressive feat given current economic conditions.

Indeed, each passing week seemingly provides additional evidence that consumers prefer their video streamed – and that, as a result, in 2023 no justification exists for regulations that single out traditional providers of video content. Far from gatekeepers, cable operators and other facilities-based Multichannel Video Programming Distributors (MVPDs) find themselves uniquely stymied by legacy rules predicated upon marketplace conditions that simply do not exist today.

In Comments and Replies filed in the 2022 Communications Marketplace Report proceeding, Free State Foundation scholars (1) documented the rapid consumer migration from traditional MVPDs to Internet-based alternatives, and (2) and argued persuasively that, consistent with its statutory responsibility to identify "laws, regulations, [and] regulatory practices [that]... pose a barrier ... to the competitive expansion of existing providers of communications services," the FCC should take swift steps to eliminate outdated and one-sided carriage- and equipment-related rules that constrain competition, arbitrarily pick winners and losers, and, ultimately and consequently, harm consumers.

However, as I pointed out in "On Video, the FCC's Competition Report Falls Short," a January 2023 Perspectives from FSF Scholars, the ensuing Report failed to articulate an appropriate deregulatory agenda in response to the markedly transformed video programming landscape that it described. (Keep in mind, too, that that Report focused on the years 2020 and 2021 – a lifetime ago given the pace at which video distribution is evolving.)

Going forward, Free State Foundation scholars will continue to highlight data points compelling Commission deregulatory measures that afford every participant in the vibrantly competitive video programming marketplace an equal opportunity to compete.

Fiber Broadband Affordability Improved in 2022

A February 21 article in FierceTelecom by Masha Abarinova highlights survey findings by research firm Cowen that fiber broadband is more affordable and accessible to U.S. residential users. According to article, "Cowen found the average income of a FTTH [fiber-to-the-home] subscriber was around $83,000, compared to approximately $85,000 for those not subscribed to fiber." In other words, for the first time, "income for FTTH subscribers is lower than income for non-FTTH subscribers." Thus, it seems that fiber broadband is becoming more broadly affordable for Americans. And as the article observed, the Cowen survey found that fiber speeds continue to rise: "The survey showed FTTH subscribers received an average speed of 579 Mbps, whereas non-fiber customers are getting an average 419 Mbps. Notably, the 579 Mbps average fiber broadband download speed figure for the fourth quarter 2022 is up from 429 Mbps for fiber in the fourth quarter of 2022.

The Cowen survey constitutes another positive data point regarding broadband affordability in the U.S. In a series of blog posts from 2022, Free State Foundation scholars called attention to broadband affordability figures provided by different outlets:

• Seth L. Cooper, "New Study Touts the Affordability of Mobile Broadband In America," FSF Blog (November 30, 2022).
• Seth L. Cooper, "In the Face of Inflation, Prices Fall for Internet and Wireless Services," FSF Blog (October 14, 2022). 
• Andrew Long, "2022 USTelecom Broadband Pricing Report: Further Proof that Competition is Benefitting Consumers," FSF Blog (June 30, 2022)
• Andrew Magloughlin, "Dropping Consumer Broadband Prices Indicate Lack of Market Power," FSF Blog (May 13, 2022). 
• Seth L. Cooper, "Study Indicates Broadband Internet Service Prices Have Fallen the Last Five Years," FSF Blog (February 11, 2022). 

Acknowledging the significant difficulties posed to new investment and consumer buying power by reckless federal government-induced inflation, ongoing fiber deployments are likely to markedly improve the fiber access and affordability in 2023. A February 24 article FierceTelecom article by Diana Goovaerts provides a round-up of expected fiber deployments by broadband providers for this year, including FierceTelecom's admittedly underinclusive minimumprojection of 6.5 million to 7 million new fiber passings in the U.S. for 2023. 

More Speakers Announced! FSF's Fifteenth Annual Policy Conference on March 28!

REGISTER NOW HERE!     Keynote Speakers Include:   FCC Commissioner Brendan Carr

Scott Blake Harris Senior Spectrum Advisor, NTIA FCC Commissioner Nathan Simington

FTC Commissioner Christine Wilson

WHAT: FSF's Fifteenth Annual Policy Conference   WHERE: National Press Club, Washington, DC   WHEN: Tuesday, March 28, 2023 – 9:00 AM - 2:30 PM   The Free State Foundation will hold its Fifteenth Annual Policy Conference on Tuesday, March 28, 2023, at the National Press Club in Washington, DC. This annual conference is widely acknowledged to be one of the nation's premier law and policy events.   As in previous years, a truly outstanding lineup of senior officials and prominent experts from the FCC, FTC, other government agencies, industry, academia, and think tanks will discuss and debate the most important communications and Internet policy issues of the day, as well as competition policy and other issues.   Confirmed speakers include:   Enrique Armijo – Professor of Law, Elon University School of Law   Brendan Carr - Commissioner, Federal Communications Commission   Michelle Connolly – Professor of the Practice, Duke University   Kathleen Grillo – Senior Vice President of Policy and Government Affairs, Verizon   Scott Blake Harris – Senior Spectrum Advisor, National Telecommunications and Information Administration   Chris Lewis – President and CEO, Public Knowledge   Michael O'Rielly – Former Commissioner, Federal Communications Commission   Nathan Simington – Commissioner, Federal Communications Commission    Christine Wilson – Commissioner, Federal Trade Commission    Christopher Yoo – Professor of Law, University of Pennsylvania Carey Law School   REGISTRATION IS COMPLIMENTARY, INCLUDING CONTINENTAL BREAKFAST AND LUNCH.   BUT YOU MUST REGISTER TO ATTEND. REGISTER NOW HERE!   #FSFConf15

Senate Bill Would Require FCC Vetting Process in Awarding High-Cost Broadband Subsidies

On February, Sen. Shelley Moore Capito announced the reintroduction of the Rural Broadband Act. The bill is co-sponsored by Sen. Amy Klobuchar. The bill is intended to provide for an FCC vetting process for applicants seeking universal service dollars to deploy broadband, in order to ensure that the subsidy awards are given to entities that are capable of fulfilling their obligations. 

If passed by Congress, the Rural Broadband Act would require the FCC to conduct a rulemaking that would establish a vetting process for future applicants future high-cost universal program funding for deployment and supporting broadband Internet access services. Under the bill, the Commission would adopt rules requiring those applicants of "new covered funding awards" to include, in their initial applications, a proposal containing sufficient detail and documentation for the Commission to ascertain that the applicant possesses the technical capability, and has a reasonable plan, to deploy the proposed network and deliver services with the relevant characteristics defined by the Commission and as pledged by the applicant. The initial proposal must also include detail sufficient for the Commission to determine whether the applicant's technology would have the ability to perform as required. And the bill directs the Commission to evaluate the proposal using "well-established technical standards." 

The Rural Broadband Act was introduced in the last Congress but did not receive a committee hearing. On its face, the bill appears sensible. The 118th Congress ought to take up the Rural Broadband Act and seriously consider its merits. 

Of course, this legislation exists amidst the larger backdrop of questions surrounding the future of universal service, and whether or the extent to which Universal Service Fund programs should continue as they are presently constituted or be overhauled. Here are a handful of publications by Free State Foundation scholars on point:

• Andrew Long, "A True Assessment of the USF's Future Relevance Demands a Full Accounting of Broadband Subsidies," FSF Blog (August 30, 2022). 
• Randolph J. May, "The FCC's USF Report: Unprecedented Broadband Funding Requires Fundamental Universal Services Reforms," Perspectives from FSF Scholars, Vol. 17, No. 42 (August 26, 2022). 
• Seth L. Cooper, "Congress Should Consider Expanding Universal Service Contributions: FCC Poses a Potential Answer to USF's Financial Problems," Perspectives from FSF Scholars, Vol. 17, No. 41 (August 23, 2022). 
• Seth L. Cooper, "Congress Should Require Major Web Platforms to Support Universal Service," Perspectives from FSF Scholars, Vol. 17, No. 31 (June 14, 2022). 
• Justin (Gus) Hurwitz, "Congress May Invest Billions in Broadband: It Should Reform the Universal Service Fund Too," Perspectives from FSF Scholars, Vol. 16, No. 34 (July 9, 2021). 

House Bill Would Require FCC List of Foreign Adversary Ownership of Communications Infrastructure

On February 3, Reps. Elise Stefanik, Ro Khanna, and Mike Gallagher announced the reintroduction in the House of Representatives of the Foreign Adversary Communications Transparency (FACT) Act. The bipartisan FACT Act was originally introduced in the 117th Congress on October 25, 2022. The bill – which does not have a number as of this posting – is intended to provide greater transparency regarding foreign governmental influence and access to critical communications infrastructure in the U.S. According to Congresswoman Stefanik's press release:

[T]his bill would provide critical telecommunications transparency by requiring the Federal Communications Commission (FCC) to publish a list of companies who hold FCC authorizations, licenses, or other grants of authority an[d] ownership by foreign adversarial governments, including China, Russia, Iran, North Korea, Venezuela, and Cuba.

The FACT Act appears to be a common-sense measure that deserves full and fair consideration by Congress.  

PRESS RELEASE: FTC Commissioner Wilson's Resignation Unfortunate Sign of FTC Breakdown

  

Regarding FTC Commissioner Christine Wilson’s resignation from the Federal Trade Commission, the following statement may be attributed to Free State Foundation President Randolph May:

“As she put in in the Wall Street Journal op-ed explaining her resignation, Commissioner Christine Wilson’s reached the point where she believed that a ’noisy exit’ was preferable to remaining. She acknowledged that elections have consequences and that she understood her own policy preferences likely wouldn’t prevail. But it is clear that Commissioner Wilson, to her mind, considered the problem with remaining not to be primarily differences of policy, but of process —  differences of process that led to abuse of power and lawlessness at the agency.

Commissioner Wilson’s depiction of what’s transpired at the FTC is disturbing for what it portends for the agency’s intent to carry out its own mission within the confines of the law and judicial precedent. But, viewed through a wider lens, what has transpired at the FTC may have broader implications for the administrative state. Like the FTC, the FCC, SEC, CFTC, and other multi-member agencies are, by design,, bipartisan commissions (with the party of the president able to have a majority of seats), with commissioners serving fixed, and staggered terms. When they were established by Congress, one key rationale for the multi-member model was that collegiality among the commissioners from different parties, with their different expertises and experiences, would lead to better decisions.  Obviously, the preexisting long-standing norms of collegiality and bipartisan cooperation, have completely broken down under Lina Khan’s chairmanship to the long-term detriment of the agency, assuming it can right itself. This is worth emphasizing at a time when there is much talk, sometimes too loose and unserious, about norms being broken."