I spend a significant part of my professional life working
in telecommunications and broadband regulatory compliance. I also paint. On the
surface, those two parts of my life may not seem to have very much in common,
but I’ve come to realize that how I look at things as an artist is very similar
to the way I approach regulatory issues. Art teaches you to look at things
differently.
When I look at a building I want to paint, I’m not simply
looking at a building. I’m looking at the shapes that make it up, how the light
falls across it, where the shadows are, which details matter, and which ones
can be left out. I’m looking at how everything relates to everything else.
Sometimes I have to move closer to understand a detail, and sometimes I have to
step back to understand the entire composition. That ability to deliberately
change perspective has become particularly useful in the way I look at
regulation.
The Rule Is Only One Part of the Picture
At the federal level, telecommunications and broadband
policies are developed from a broad perspective. The FCC and other regulators
have to consider the big picture, including statutory requirements,
technological changes, competition, consumer interests, funding priorities, and
the needs of an industry made up of very different types of providers. We all
know that is a complicated picture.
Once a rule, with its various obligations, reaches an
individual carrier, however, the perspective changes. What appears to be one
regulatory requirement from Washington may have much more complicated effects
for a company once implementation begins.
A reporting requirement may depend on data that resides in
several systems. A new consumer disclosure obligation may require changes to
billing, websites, or marketing materials. A broadband funding requirement may
involve engineering, finance, mapping, construction schedules, reporting, and
ongoing compliance long after the initial funding decision has been made. The
regulation may be contained in one document, but the operational impact is
rarely that narrow. That is where being able to see both the detail and the
larger composition becomes important.
Perspective Changes What You See
Art teaches you that perspective matters. Move a few feet in
either direction and the same subject can look completely different. Regulatory
policy works much the same way.
A requirement viewed from the federal level may look very
different when viewed from the perspective of a small rural telephone company
or a broadband provider serving rural areas. The objective may be the same, but
the path to achieving it may not be.
A requirement that is relatively easy to implement in an
organization with large regulatory and engineering departments may require a
much smaller group of people at a rural carrier to implement those same
requirements. That doesn’t necessarily mean the requirement itself is
unreasonable. It means that understanding its true effect requires looking at
it from more than one point of view.
The same is true when considering broadband deployment. A
policy designed around national broadband objectives can look very different
when it reaches a provider dealing with difficult terrain, long construction
distances, limited contractors, permitting delays, supply constraints, or a
small customer base spread across a large geographic area. Changing perspective
helps expose those differences.
Good Policy Still Has to Work in the Real World
Federal telecommunications policy has to begin somewhere,
and broad standards are necessary. But there can be a significant distance
between creating a policy and implementing it. One of the most valuable
perspectives someone with carrier-level experience can bring to a regulatory
discussion is the ability to ask what happens next.
What information will a provider actually need to collect?
Where does that information come from? Does the data already exist, or will it
have to be created? Will an existing billing, mapping, or network system have
to be changed?
Those questions aren’t arguments against regulation. They
are part of understanding whether a regulatory objective can be translated
effectively into operations. A policy can make perfect sense at a high level
and still produce complications that aren’t immediately visible until you look
at how it will actually be carried out.
Seeing the Relationships Between the Pieces
Painting is rarely about one element in isolation. Change
the value of the sky and the building beneath it may suddenly look different.
Add too much detail in one area and the entire composition can become
unbalanced. Every decision affects something around it.
Telecommunications regulation has similar interdependencies.
Broadband policy touches infrastructure, universal service, competition,
affordability, mapping, consumer protection, cybersecurity, and network
reliability, among many other areas. A decision intended to influence one part
of the industry can create effects somewhere else and that makes it important
to look beyond the immediate regulatory question.
Does a proposed requirement duplicate information already
being collected elsewhere? Does one federal program define locations or service
levels differently from another? Could a policy intended to solve one problem
unintentionally make it more difficult for a provider to accomplish another
federal objective?
Looking for those relationships is a large part of
regulatory work. It is also very similar to the way I approach a painting. You
have to understand the individual elements, but you also have to recognize that
none of them exists entirely on its own.
Sometimes You Have to Step Back
One of the easiest mistakes to make when painting is to work
too close to the paper for too long. You become focused on an individual line,
shadow, or small imperfection until you stop seeing the painting itself. The
solution is simple. Step back.
Regulatory work sometimes requires the same thing. It is
easy to become consumed by the language of a particular rule or obligation.
Those details matter, and compliance depends on getting them right. But
occasionally it is useful to step back and ask what the regulation is
ultimately intended to accomplish.
That broader perspective can change the way you approach
implementation. It can also reveal when multiple regulatory requirements are
pushing toward the same objective from different directions—or when they may
unintentionally be working against one another. Understanding both the specific
requirement and the larger policy objective makes it easier to identify those
situations and, when appropriate, explain them to policymakers.
Not Everything Looks the Same From Washington
Federal policymakers face an extraordinarily difficult task
in developing rules for an industry that ranges from some of the largest
corporations in the country to very small providers serving remote rural
communities. No single perspective can fully represent that industry.
That is why participation from carriers, associations, state
organizations, and consumers matters. Each one sees a different part of the
picture. For rural and smaller broadband providers in particular, bringing an
operational perspective into federal regulatory discussions can help
demonstrate consequences that might not otherwise be obvious. A proposal may
look relatively simple until someone explains how the necessary data is
actually collected, how a rural network is engineered, how long infrastructure
construction takes, or how many systems have to be changed to implement what
appears to be a straightforward requirement.
That kind of information gives policymakers another angle
from which to evaluate the issue. And sometimes changing the angle changes what
you see. Part of our responsibility in representing small rural providers is to
ensure that their challenges are explained in a way regulators can understand
and apply to current and future rulemaking.
Creativity Has a Place in Regulatory Work
Regulatory compliance is built on rules, orders, deadlines,
and documentation. Creativity doesn’t change any of those things. But
creativity isn’t the same as ignoring structure.
It is the ability to recognize patterns, make connections,
consider different perspectives, and imagine how a decision made in one place
may affect something somewhere else. Being an artist hasn’t changed the
regulatory requirements I work with. It has influenced the way I look at them.
I tend to move back and forth between the detail and the
larger picture. I look for relationships between things that may initially
appear separate. I try to understand how the same issue looks from several
different positions. And when something doesn’t seem to fit, I’m inclined to
change my perspective and look at it again.
In an industry as complicated and rapidly changing as
telecommunications and broadband, I think there is value in that. Sometimes the
most important thing you can bring to a regulatory discussion isn’t another
answer. It is another way of seeing the problem.