I’ve been asked many times in the last days and weeks about the likely differences in communications law and policy between a Harris FCC or a Trump FCC. As Yogi Berra declared, “It’s tough to make predictions, especially about the future!”
True enough, and a reason to be cautious.
Nevertheless, while I hope I'm wrong, I’m comfortable hazarding this prediction: A Harris FCC will likely move to regulate the rates charged by broadband Internet service providers, while a Trump FCC would not. And to my mind, this is a big deal, because rate regulation of ISPs almost certainly will stifle investment and innovation and lead to less consumer choice.
“Price controls” – explicitly favored by Vice President Kamala Harris in various market segments – is just another way of saying “rate regulation.” Remember, price controls always lead to a curtailment of supply. In the context of broadband, that means less network infrastructure deployment, less new services made available, and less variety of service offerings from which consumers may choose.
The rate regulation may be implemented in connection with innocuous-sounding programs, such as elimination of “data caps” and elimination of “free data” plans, or mandates for “affordable” service options.
Rate regulation, of course, all the same.
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