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Tuesday, August 31, 2010

Google / Verizon Proposal May Be Important Compromise, But Regulatory Trajectory Concerns Many

Recently, the Washington Post opined that the best way for the FCC to "regulate the Internet" was through a moderate approach, one which places limited authority in the Commission to address behavior that violates long-standing Net Neutrality practices.

The paper notes that Net Neutrality has been "a rule tacitly understood by Internet users and providers alike" for more than a decade. It then mildly rebukes the FCC's proposal to reclassify broadband providers as common carriers - "a move [which] would be a serious step backwards," in their view.

Within this context, the Post sees important compromise in the Google / Verizon legislative proposal, "especially its designation of the FCC as an adjudicatory body such as the Federal Trade Commission rather than one with intrusive regulatory authority."

Continue reading Google / Verizon Proposal May Be Important Compromise, But Regulatory Trajectory Concerns Many . . .

posted by Mike Wendy @ 9:04 AM | Capitol Hill, Communications, Innovation, Internet, Net Neutrality, Regulation, The FCC

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Thursday, August 5, 2010

Pub Interest Groups Decry Sunlight - Say It's Corrupting FCC Net Neutrality Process


techdirt's hit kind of a new low in the divisive Net Neutrality debate. Mike Masnick writes that the telcos have got their Net Neutrality deal with the FCC because, well, they have some mighty deep pockets, and they're prepared to use them - either for-or-agin the Dems - come election season. Consequently, FCC Chairman Julius Genachowski had no choice but to back down from his Net Neutrality / Reclassification madness and give the big boys what they want.

C'mon, Mike! You make the National Enquirer blush.

The "reporting" follows the well worn meme espoused by the Left that when the going gets tough, and the deal looks like it ain't cutting their way - then blame the "monopolists" for corrupting the process. Good lord, get a new riff already.

Free Press, Public Knowledge, MAP and OIC lobbyists (among other "reformistas") have practically installed themselves at the FCC since day one (I think I saw their cots, bedrolls and toiletries there the other day). To claim that they've been left-out strains credulity (as this FCC blog reveals).

Let's see. They've gotten their lobbying dollar's worth out of the Open Internet / Net Neutrality NPRM; the National Broadband Plan; the Wireless Competition Report; the Third Way Statement; the Third Way NOI; the 706 Report; and have supped at the FCC table throughout the "closed-door" Net Neutrality meetings.

Compromise will happen. It should. This is a highly charged debate that has divided many. The FCC hasn't helped any by trying to avoid the will of Congress, end-running around key court decisions, and attempting to jam an innovation-killing rule down the throats of American broadband consumers.

Though I think the Commission is wrong to try to regulate the Internet through broadband Reclassification, I also recognize that some discussion - possibly one that reaches compromise - should occur.

What I do not think is helpful is the idea, seemingly shared by the public interest groups, that "it's our way or no way; and if you get in the way of that - then you're a corrupt SOB."

Mike, remember the elementary school admonition - "sticks and stones..."? I'll bet the network providers do, and it's helped them keep their eye on the ball to ensure that a reasoned ruling comes out of the FCC.

The opposite would be corrupt - a closed process decided by a small handful of elite, "consumer advocates," impervious to reason, debate or the sunlight of opposing viewpoints. Until this summer, it looked like it was going in this direction. Now, thankfully, the process appears to be more inclusive - one which may result in a more fair outcome for all involved.

posted by Mike Wendy @ 8:12 AM | Broadband, Capitol Hill, Communications, Free Speech, Innovation, Internet, Net Neutrality, Regulation, The FCC

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Thursday, July 22, 2010

FCC & Free Press - Send Lawyers, Guns and Money to Regulate the Internet

Praise the Lord and pass the ammunition.

So goes the FCC's stacked "706 Report" on broadband this week, which said that Americans aren't getting broadband in a "reasonable and timely basis," the first negative conclusion since the report's inception.

Using the standard developed in the National Broadband Plan (NBP) - which recommends "that every household in America have access to affordable broadband service offering actual download (i.e., to the customer) speeds of at least 4 Mbps and actual upload (i.e., from the customer) speeds of at least 1 Mbps" - the Commission determined that by this benchmark "broadband remains unavailable to approximately 14 to 24 million Americans." (Not that 14 - 24 million Americans don't have high-speed access, as has erroneously been reported.)

The FCC is building its war chest so that it can justify Lilliputian Internet regulation of network providers. Through a number of recent proceedings, statements and reports - e.g., the Open Internet NPRM, Cellular Competition Report, and "Third Way" NOI - the 706 Report traffics in the same meme: network providers just aren't doing their job, so they must be coerced or shamed into proper "compliance."

Not uncharacteristically, The Free Press heralded the new, rather dour (and now redundant) broadband assessment. Said the lugubrious, special interest lobbyists - "Now that the FCC has taken the first step of acknowledging America's broadband problem, we hope that it will advance policies to reverse this decline though the promotion of real competition and true consumer choice."

Continue reading FCC & Free Press - Send Lawyers, Guns and Money to Regulate the Internet . . .

posted by Mike Wendy @ 10:20 AM | Broadband, Capitalism, Capitol Hill, Communications, Innovation, Internet, Net Neutrality, Regulation, Software, The FCC, Universal Service, Wireless, Wireline

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Thursday, July 15, 2010

Today Marks the Beginning on the FCC's Internet Takeover

Today, the FCC began its final steps toward regulating the Internet. Of course, this does not need to occur. Over the past 5 years, network investment and its resulting innovation has exploded; technology has advanced well beyond the dreams of policymakers; and the majority of Americans have connected to an Internet that they enjoy and demand ever-more of, delivered where and when they want it, 24/7/365 days a year.

Private companies did this. And it happened because of something the FCC did not do - regulate.

By this fall, however, rules will be imposed on the very companies that deliver the Internet to our homes, businesses and handsets. The FCC says rules are needed because...well, we're not quite sure. Perhaps it's political, built on a promise during the '08 elections. Perhaps it's the special interests - such as the Free Press - that have hijacked the process with wild, anti-corporate conjecture. Perhaps, it satisfies the well-healed content and applications lobbies who want a free ride.

Continue reading Today Marks the Beginning on the FCC's Internet Takeover . . .

posted by Mike Wendy @ 9:39 AM |

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Friday, July 9, 2010

Keep the Internet Corporate-Free Says Anti-Business Free Press

I just have to chuckle at this sophomore opinion piece recently penned by the Free Press. Its main memes: Corporations are evil. Do not trust corporations, because they are evil. And, oh by the way, corporations want to control you and the FCC, because...they are evil.

Good golly, we get it.

Continue reading Keep the Internet Corporate-Free Says Anti-Business Free Press . . .

posted by Mike Wendy @ 8:52 AM | Broadband, Capitalism, Communications, Innovation, Internet, Net Neutrality, Regulation, The FCC

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Tuesday, July 6, 2010

Camel Puts Nose under Tent with FCC "Wireless Model" for Internet Regulation

Julius Genachowski claims his "Third Way" approach to taking over the Internet looks a lot like the benign "wireless model" of regulation.

If it were true, that would be a good thing.

According to Genachowski:

In its approach to wireless communications, Congress mandated that the FCC subject wireless communications to the same Title II provisions generally applicable to telecommunications services while also directing that the FCC consider forbearing from the application of many of these provisions to the wireless marketplace. The Commission did significantly forbear, and the telecommunications industry has repeatedly and resoundingly lauded this approach as well-suited to an emerging technology and welcoming to investment and innovation. In short, the proposed approach is already tried and true.
Presumably, the "wireless model," if applied to the Internet, would spur growth and innovation. But I have a question. In the FCC's NOI, how does the wireless model of "light regulation" apply to, er, the wireless model?

I haven't quite figured out the circularity of that one yet.

Oh, well. Maybe I shouldn't waste my time trying. It seems more apparent than ever that for wireless and wireline broadband service it's not really about regulating "downward" - i.e., deregulating, as is the hallmark of the "wireless model" - but instead, regulating "upward," thus adding regulation.

Continue reading Camel Puts Nose under Tent with FCC "Wireless Model" for Internet Regulation . . .

posted by Mike Wendy @ 3:08 PM | Broadband, Capitol Hill, Communications, Innovation, Internet, Net Neutrality, Regulation, Spectrum, The FCC, Wireless, Wireline

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Thursday, June 24, 2010

The FCC Gets Real Schlick

Said FCC Chairman Julius Genachowski on May 6th, "The [Comcast] opinion therefore creates a serious problem that must be solved so that the Commission can implement important, commonsense broadband policies..."

I'll say. It's a problem, alright. Yet the chutzpah of the ensuing NOI process - in particular, the FCC asking whether its Net Neutrality workaround to reclassify the transmission element of broadband as a Title II service is worth doing / can be done - doesn't make it any better.

Continue reading The FCC Gets Real Schlick . . .

posted by Mike Wendy @ 3:03 PM | Antitrust & Competition Policy, Broadband, Capitol Hill, Communications, Internet, Net Neutrality, PFF, The FCC

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Thursday, June 17, 2010

FCC Seeks to Regulate the Internet...Because It Can

As I touched on last night, I can't say as I was surprised by today's announcement by the FCC to move toward full-blown Internet regulation. Voting along party lines, the three Democratic FCC Commissioners expressed their wholehearted belief that their regulation of the Internet - not de facto marketplace regulation - was the only way to protect consumers and Americans.

The Comcast v. FCC decision should have rebooted the Commission's discredited Net Neutrality ambitions. Yet instead, the FCC appears moving closer toward questionable new rules, using specious authority to get there. Such an exercise in regulatory hubris is truly confounding, especially in light of the facts and a clear consensus that the Internet must remain free from stultifying regulation.

Make no bones about it, the FCC's NOI today will work to regulate the Internet, and poorly at that. It takes a yellowed, dog-eared page from a 19th Century industrial policy playbook, and seeks to graft that on to the rapidly evolving Internet. Ultimately, it will prove offensive to American consumers, as well as those innovating at the core and edge of America's broadband networks.

Continue reading FCC Seeks to Regulate the Internet...Because It Can . . .

posted by Mike Wendy @ 4:54 PM | Broadband, Communications, DACA, Innovation, Internet, Net Neutrality, PFF, The FCC

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Wednesday, June 16, 2010

No Such Thing As Regulatory Predictability When It's Built on an Illusion of Authority

Tomorrow at the FCC's open meeting, it is expected that the Commission will release an NOI that will seek to implement Chairman Genachowski's controversial "Third Way." Ostensibly, his plan will try to chart a reasonable balance to promote an open Internet, while at the same time keeping it free from regulation. To arrive there, the Commission will likely propose to shear away the underlying transmission component of broadband telecommunications services from ISP / information services, and impose only a "handful" (like a dash of salt, I guess) of common carrier regulations on the former to keep the Internet open for applications, services, content and devices (as if it is not now already).

We do not know what's in the NOI, nor the process toward a rule or ruling. That said, it probably doesn't matter. Call me skeptical, but you don't need to be a mind reader or have a well connected lobbyist to understand that the fix is in. Not letting the facts get in the way of the situation, the Internet, through this NOI, is going to be regulated.

Continue reading No Such Thing As Regulatory Predictability When It's Built on an Illusion of Authority . . .

posted by Mike Wendy @ 9:48 PM | Broadband, Capitol Hill, Communications, DACA, Innovation, Internet, Net Neutrality, PFF, Regulation, The FCC, Wireline

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Friday, June 11, 2010

TechCast #6: OSTWG Report "Youth Safety on a Living Internet"

In PFF TechCast #6, Adam Thierer provides an excellent overview of an important new report from NTIA's Online Safety & Technology Working Group, entitled "Youth Safety on a Living Internet."

(By the way, an additional resource to both the TechCast and the OSTWG report is PFF's 4th edition of Parental Control & Online Child Protection.)

posted by Mike Wendy @ 3:41 PM | Capitol Hill, Education, PFF, Privacy

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Saturday, June 5, 2010

AT&T's New Wireless Pricing Plan - Does It Help in the Net Neutrality Debate?

posted by Mike Wendy @ 12:57 AM | Broadband, Capitalism, Capitol Hill, Communications, Innovation, Internet, Net Neutrality, Regulation, The FCC, Wireline

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Friday, June 4, 2010

Chill Speech, Serve Cold

posted by Mike Wendy @ 10:19 AM | Communications, Free Speech, Mass Media, Media Regulation, State Policy, The FCC

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Saturday, May 29, 2010

Mr. Scott Goes to the State Department

posted by Mike Wendy @ 3:09 PM | Broadband, Capitalism, Capitol Hill, Copyright, IP, Innovation, Internet, Net Neutrality, Open Source, Regulation, The FCC

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Wednesday, May 26, 2010

Abolishing the FCC and Other Fun Thoughts

posted by Mike Wendy @ 2:11 PM | Antitrust & Competition Policy, Broadband, Cable, Communications, DACA, Innovation, Internet, Local Franchising, Mass Media, Media Regulation, Net Neutrality, PFF, Regulation, Spectrum, State Policy, The FCC, The FTC, Universal Service, Wireless

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Thursday, May 20, 2010

FCC Wireless Report Punts - Effective Competition Actually Prevails

posted by Mike Wendy @ 10:25 PM | Antitrust & Competition Policy, Broadband, Communications, Innovation, Internet, Net Neutrality, Spectrum, The FCC, Wireless

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Wednesday, May 19, 2010

FCC Wireless Report Should Conclude Market Competitive, But Will It?

posted by Mike Wendy @ 3:58 PM | Broadband, Communications, Innovation, Net Neutrality, The FCC, Wireless, Wireline

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Tuesday, May 18, 2010

First Amendment Meddling Is Against the Public Interest

posted by Mike Wendy @ 9:38 AM | Capitol Hill, Free Speech, Mass Media, Media Regulation, Privacy, Regulation, The FCC, The FTC

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Thursday, May 6, 2010

NPR Interview on FCC's Third Way

posted by Mike Wendy @ 3:31 PM | Antitrust & Competition Policy, Broadband, Capitol Hill, Communications, Cyber-Security, DACA, Internet, Net Neutrality, Neutrality, Privacy, Security, The FCC

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Monday, April 26, 2010

PFF LTE in NY Times - Let's Not Regulate the Internet

posted by Mike Wendy @ 1:00 PM | Broadband, Cable, Capitol Hill, Communications, Internet, Net Neutrality, PFF, Regulation, The FCC, Wireless, Wireline

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Friday, April 23, 2010

K Street Misinformation Pours into Gutter - FCC Must Know Limits of Its Magic

posted by Mike Wendy @ 2:28 PM | Antitrust & Competition Policy, Broadband, Cable, Capitol Hill, Communications, Internet, Net Neutrality, Regulation, The FCC

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Friday, April 16, 2010

Longing for Tax Day Simplicity

posted by Mike Wendy @ 4:51 PM | Capitol Hill, E-commerce, Generic Rant, Privacy, State Policy, Taxes

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Monday, April 5, 2010

PFF TechCast #2: "Saving the Media" through Broadcast Spectrum Taxes

posted by Mike Wendy @ 2:44 PM | PFF Podcasts

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Wednesday, March 31, 2010

Step Away from the IT

posted by Mike Wendy @ 3:03 PM | Capitol Hill, Communications, Copyright, Generic Rant, Human Capital, IP

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Friday, March 19, 2010

States - Leave No Taxable Opportunity Behind

posted by Mike Wendy @ 4:24 PM | Broadband, E-commerce, Generic Rant, Internet, State Policy, Supreme Court, Taxes, The FCC

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  Google / Verizon Proposal May Be Important Compromise, But Regulatory Trajectory Concerns Many
Pub Interest Groups Decry Sunlight - Say It's Corrupting FCC Net Neutrality Process
FCC & Free Press - Send Lawyers, Guns and Money to Regulate the Internet
Today Marks the Beginning on the FCC's Internet Takeover
Keep the Internet Corporate-Free Says Anti-Business Free Press
Camel Puts Nose under Tent with FCC "Wireless Model" for Internet Regulation
The FCC Gets Real Schlick
FCC Seeks to Regulate the Internet...Because It Can
No Such Thing As Regulatory Predictability When It's Built on an Illusion of Authority
TechCast #6: OSTWG Report "Youth Safety on a Living Internet"
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