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Platforms Urge Regulatory Caution

Despite Differing Approaches, US, EU Face Similar Digital Connectivity Issues, Panelists Say

The U.S. and EU are dealing with similar digital connectivity issues, and have more common ground than reports would lead one to believe, FCC Commissioner Brendan Carr and others said Wednesday at a webcast Computer & Communications Industry Association trans-Atlantic digital economy dialogue in Brussels. The future of digital connectivity is "extremely bright" given interesting trends in technologies and governments' commitment to reforming regulations, said Carr. CCIA's event preceded Thursday's EU-U.S. information society dialogue.

Emerging tech will cut the cost of serving the last mile and providing backhaul, Carr said. Another trend is that administrations are revamping regulations to get those technologies across the finish line as soon as possible, he said. Reforms are needed to siting rules, the review process for small cells and spectrum availability for unlicensed uses, he said. Carr made similar comments Tuesday at a European Telecommunications Network Operators' Association-MLEX regulatory summit.

Connectivity is at the heart of Facebook's mission, said Public Policy Director Monica Desai. The company is pleased with the EU focus on efforts to remove barriers to digital markets because it sees Europe as a key market, she said. She urged policymakers to maintain a "careful approach" to formulating the proposed EU electronic communications code, saying businesses need stability and consistency to invest. Facebook understands there's no one-size-fits all for connectivity and is working on initiatives to meet local needs, she said.

Connectivity discussions should focus on governance and policy choices that will maintain the internet as a global, open platform, said Center for Democracy and Technology European Affairs Director Jens-Henrik Jeppesen. The challenge is to reconcile different regulatory frameworks, he said. The U.S. and EU should retain their multistakeholder approaches but also consider the extraterritorial impact of internet-related policies, he said. Several national court decisions in Europe, for example, required internet providers to remove content beyond the borders of those countries, which affects free-speech rights, he said.

The EU and U.S. diverge on digital policy and much of that is being "triangulated" with Brexit, said BT Group Public and Government Affairs President Larry Stone. BT is pushing several issues in Brexit talks, he said, including the free and open transport of data along with equivalence in data protection regimes, he said. The U.K. recently proposed creating a data ethics center, something that could possibly be addressed at a global level, he said.

Verizon outside the U.S. is mainly an enterprise provider and one common thread in its strategy is connectivity, said Head-International Public Policy Fiona Taylor. She agreed with Facebook's Desai that regulators must act cautiously to encourage innovation and investment, protect consumers and simplify regimes.

Net neutrality also arose. Asked whether the different trans-Atlantic approaches could damage U.S.-EU relations, Carr said they aren't that far apart. The FCC continues to believe in a free and open internet, and its net neutrality decision merely restored FTC jurisdiction over ISPs, he said. Laws on the books give the FTC authority over blocking, throttling and other activities, Carr said; the FCC has just "shifted the jurisdiction" but there's still a "cop on the beat" to protect consumers.

Desai said Facebook opposed commissioners' net neutrality vote because it believes companies that control access to the internet should be bound by rules that safeguard consumers. Jeppesen said CDT backed the European Commission's establishment of net neutrality principles but nevertheless doesn't believe the diverging approaches will create unmanageable tension between the EU and U.S.