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Political Heat Needs to Fall Before Broadband Regulation Happens, Kimmelman Tells Polka

Some form of broadband regulation is inevitable but may wait awhile for political heat around what's become a politicized issue to die down, said Public Knowledge CEO Gene Kimmelman in an interview posted Friday of the American Cable Association podcast.…

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He told ACA CEO Matt Polka there's more agreement than disagreement over a "reasonable framework" of regulation. "We're in troubled times" due to a particularly polarized political process, even as a rapidly changing digital market requires an active Congress. He said advocates need to stick to substance and avoid hyperbole. Kimmelman is encouraged by interest on Capitol Hill for privacy legislation, which could be a galvanizing moment for Congress. He said any such legislation needs to lead to more transparency for and choice by consumers about what of their data is being handled and how, and perhaps nonnegotiable limits on how data can be used. Asked about the likelihood of a DOJ-led breakup of big tech companies, Kimmelman said there's "some logic" to that, but antitrust laws aren't "well equipped" for that and there needs instead to be a look at other government accountability tools to prevent discrimination and abuse. DOJ's intervening in vertical mergers like AT&T/Time Warner was "very refreshing," though the Justice loss in court was disappointing. He hopes that won't dissuade Justice in the future. Kimmelman said Nexstar/Tribune will surely face the same regulatory scrutiny about concentration in local markets and calls for some station divestiture, but they're likely more willing to work with the government than Sinclair was, so the deal is more likely to go ahead.