FCC should "show humility," allow market to work, says Pai

FCC commissioner Ajit Pai last week told an audience gathered in Washington, D.C., that his agency should step back and allow the market to resolve issues arising from Internet distribution of video rather than taking a more active role steering the industry.

Speaking Feb. 7 at the Media Institute Luncheon, Pai called on the agency to let the free market work. “So our general approach at the FCC should be to show humility and give the market the leeway to find its own equilibrium, instead of attempting to impose by regulatory fiat the outcome that we might like to see at any given point of time,” he said.

The FCC commissioner said agency rules should reflect today’s technological and competitive landscape to accommodate the transformational impact of the Internet. Even small statutory changes could have a positive effect.

One example, according to Pai, is if the commission’s forbearance authority could be extended to Multichannel Video Programming Distributors (MVPD) and cable services. Forbearance has allowed the agency to do away with outdated regulations impacting telecommunications carriers, which has “encouraged infrastructure investment and broadband deployment,” he said.

“Technology is turning voice and video into applications transmitted over the Internet,” said Pai. “So it seems to me that the FCC should have the same authority to relieve MVPDs from obsolete rules as we currently have for carriers.”

Pai also said the FCC should “relax or eliminate” many of its media ownership rules. Saying that the days when Americans had access to only a handful of broadcast outlets are past, Pai contended that regulations must “reflect that reality.”

“Yet, instead of discussing how best to relax the local television ownership rule, I find it amazing that we are debating whether to tighten it by making Joint Sales Agreements (JSAs) and Shared Services Agreements (SSAs) attributable,” he said. The shrinking share of the ad market being captured by broadcasters in the digital age necessitates allowing stations “to enter into innovative arrangements in order to operate efficiently,” he said.

Pai also used the speech to call for eliminating the commission’s newspaper-broadcast cross-ownership rule. The commissioner pointed to a 20 percent drop in the number of newspapers published in the country since 1975 and declining circulation numbers to underscore problems facing the newspaper industry. If the FCC had eliminated its prohibition on newspaper-broadcast cross ownership a decade ago, the future might be brighter for newspapers. “It might be too late for us to make a meaningful difference at this point,” he said. “But that doesn’t mean we shouldn’t try.”

In the speech, Pai, who became an FCC commissioner in May 2012, called the Internet transformation of media “a profound change” that is creating a revolution throughout the communications industry. Thanks to the Internet, consumers are taking control of what they watch, when and where, he said. As a result, there is an ongoing fundamental change in the business model of distributing video, he said.

Discuss this Article 3

steve4608 (not verified)
on Feb 14, 2013

it would be nice if a fair market was in play - however, we all know how the lobbyist have twisted rules and regulations to create a very unfair market - the old players get bigger and new players are not able to enter - thanks to the bought and paid for regulators and politicians

Infostack
on Feb 15, 2013

Unfortunately, the FCC has mostly altered and passed regulation over the past 15-20 years resulting in exactly the opposite of what was intended. This is in part because much of the development of the digital core/WAN, the digital internet and digital wireless in the 1980s and 1990s that resulted in our infomedia boom occurred away from FCC oversight and influence. Then, over the past 15 years, influenced by 100 year old archaic "vertically integrated" analog regulatory models of monopoly/competition, the FCC passed "de"regulatory measures that killed the golden goose of competition in communications. The same has been happening on the media/content side. What the FCC needs is a "horizontal" regulatory model that enables network theory/governance and business model analysis across geographic, service provisioning and application/market-segment perspectives and dispersions. Only then can they understand the rapidly shifting supply and demand parameters across converged networks and model future marginal cost a priori. Today's vertically integrated monopolies are inefficient because they can't scale at every layer, yet they are being sustained by this old-style regulation and perpetuated under Pai's suggested approaches.

Alton Drew (not verified)
on Feb 15, 2013

Unfortunately for Mr. Pai, he is surrounded by three commissioners with a David vs. Goliath mindset, mixed in with a patriarchal view that government must step in to protect consumers who, in this 21st century, have more choices and access to information than ever.

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