LeBlanc Says FCC Focused on Regulating Telecom 'Pipes,' Not the Internet
FCC Enforcement Bureau Chief Travis LeBlanc said Thursday the commission would not regulate the Internet through its net neutrality rules and broadband reclassification but would oversee the telecom “pipes” through which Internet traffic flows. He also said that his bureau is focused on heading off harm to consumers and competition, and that he expects the FCC to continue to be active on privacy and data security issues. LeBlanc was questioned by Hogan Lovells attorneys during a webinar held by the law firm.
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Asked if the FCC could safeguard online privacy when it regulated only one set of providers -- telecom carriers, which now include broadband ISPs under Title II of the Communications Act -- LeBlanc said he wanted to be clear: The FCC “is not the regulator of the Internet.” But he noted the FCC’s “long history” of regulating communications transmissions, and said the net neutrality order applies that oversight to the broadband space. “So we focus on the pipes … and making sure information and communications go back and forth in an appropriate manner,” LeBlanc said. He said it was important for the FCC, as the primary regulator of the pipes, to partner with numerous federal, state and local authorities working on issues that “do reach” Internet content. “You can’t have too many cops on the beat here,” he said.
Discussing his overall vision, LeBlanc said he was focused on “smart enforcement” that aimed to prevent or at least deter unlawful activities while recognizing that business models were “rapidly evolving.” He said he wanted to be selective in choosing which cases to pursue with the agency’s limited prosecutorial resources, with a focus on tackling issues involving “egregious conduct” or patterns that affect large numbers of Americans and are FCC policy priorities. “We're an impact enforcement unit,” he said.
Although LeBlanc said he wanted to catch bad actors before complaints arise, he said consumer complaints were a big driver of FCC enforcement activity. He said his bureau gave much deference to issues referred by the FCC’s policymaking bureaus or other agencies. The bureau also monitors the press and receives input from individual FCC employees: “They too bring things to our awareness.”
LeBlanc said FCC enforcement of privacy and data security was increasing because “the risks have risen substantially.” He said the growing use of mobile devices was generating massive amounts of information about individuals through their voice calls, emails, text messages, photos, Internet browsing and application use. “We have to make sure that information is protected,” he said. Consumers subscribing to bundled services often have a primary communications provider, which draws “heightened” regulatory interest, he said. LeBlanc also said the risks were increasing because of the surge in personal information that is being collected and sought by private parties for marketing purposes. “I do expect the trends to continue with the FCC being engaged,” he said.
LeBlanc said there were three primary fact patterns at FCC-regulated companies that have privacy and data security breaches: an errant employee, a technological glitch, or insufficient oversight of outside contractors. “Vendor management, vendor management, vendor management -- I’m going to say it three times because it’s so important,” he said.