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Friday, June 4, 2010

Chill Speech, Serve Cold

I recently stumbled across a Future of Media filing with the FCC that has aroused the attention of many on the Right. It was filed by the National Hispanic Media Coalition (NHMC), and has numerous "usual suspects" as co-signers (such as the Free Press, Benton Foundation, Common Cause, Rainbow Push Coalition, etc.). The bent of the filing is - there's a lot of "hate" speech out there, and the FCC should study it, exploring "non-regulatory ways to counteract its negative impacts."

According to the NHMC:

...[T]he current media landscape is a safe-haven for hate and extremism. Many communities and individuals do not have the information they want and need to intelligently engage in our democracy. This shortage of information is exacerbated by the vast media consolidation that has unfolded over the past two decades.

One statement in particular stood out:
...[H]ate, extremism and misinformation have been on the rise, and even more so in the past week as the media has focused on Arizona's passage of one of the harshest pieces of anti-Latino legislation in this country's history, SB 1070.

Without getting into all the conspiratorial stuff we see on the Internet - i.e., that groups like those represented within the filing seek mainly to shut down conservative talk radio - a couple things struck me when reading what NHMC had to say.

Continue reading 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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Wednesday, May 26, 2010

Abolishing the FCC and Other Fun Thoughts

Just the other day, leaders from the House and Senate said they planned on updating the Communications Act. Maybe they've finally started listening to us - we proposed doing this back in 2005, with PFF's Digital Age Communications Act (DACA). Or, perhaps the FCC's so-called "Third Way" doesn't look like the "no-brainer" that the agency spun in its press releases. Well, whatever their intentions may be, it certainly couldn't arrive at a better time.

The framing is all important, of course. Art Brodsky of Public Knowledge (ostensibly one of the groups "writing" the next Act) says Americans shouldn't worry about the FCC's "Third Way." In his view - "The government is not taking over the Internet. What the government is doing is engaging in traditional consumer protection, traditional regulation of a telecommunications service that will get people to the Internet." PK seems happy with this model - whether done at the FCC, or at Congress' hands.

Hmmm...Getting people to the Internet? Traditional, simple stuff. Sort of like strolling to the store, or peddling to the park. Or, like in childhood, making a call from tin cans and string - which is what'll result if PK and their ilk have their way.

Continue reading 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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Friday, April 16, 2010

Longing for Tax Day Simplicity

With another income tax day behind us, this year's penance may be the last "simple," "unfettered" return we file in a while.

The CBO projects that with current policies in place, addled by a wave of retiring Americans, our tax burden as a nation (in terms of revenues received through income, payroll and excise taxes) will rise 1.5%, to nearly 20% in 2020. That growth aside, revenues will still fall nearly 5% less than Uncle Sam will be spending at that time.

Thus, according to a growing coterie of pundits and officials, more taxes are on the way (spending cuts would be nice, but I digress).

Continue reading 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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Friday, March 19, 2010

States - Leave No Taxable Opportunity Behind

The recession has been many things to many people. For most of us, these are trying times, to say the least. But like a newscaster or mortician who profits from some of life's worst experiences, the states see the recession somewhat more optimistically than the rest of us.

Sure, in the next fiscal year states face nearly $180 billion in budget deficits, with many in dire straits (as this somewhat hyperbolic article touches upon). Yet, letting no crisis go to waste, this has honed where many of those cash-strapped states are looking for their next meal.

The Wall Street Journal recently noted that the slump has brought back to life an idea that many of us thought had died - requiring e-retailers to collect sales tax from out-of-state customers. The state's new tool of choice? The so-called "Amazon.com tax."

It works like this.

Remote / online merchants that have "local marketing affiliates" (i.e., entities essentially operating website pointers to remote merchants) in a given state, must collect state sales taxes for customer purchases of their products - all because the "local affiliate" in that given state pointed any sale (not even the specific sale) to the out-of-state retailer. This controversial tool (now being contemplated by 6 states, and in effect in 3 others) allows states to get around constitutional requirements of physical presence in a state to collect sales taxes. It also gets around the inconvenient fact that in most states with sales taxes, customers largely ignore their obligations to pay that tax (e.g., use tax) if it isn't collected by the Internet / remote merchant.

Continue reading 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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Friday, October 30, 2009

Financing Wireless Broadband

Barbara Esbin recently spoke at the Wireless U. Communications Policy Seminar on a panel on financing wireless broadband. Barbara's remarks specifically addressed the National Broadband Plan and the role of state governments.

In addition to presenting sensible suggestions for policymakers, including creating incentives to spur deployment and redirecting universal service funds, Barbara offered a bit of perspective on the issue of broadband deployment:

As important access to broadband Internet service is, if the choice comes down to clean water, Medicaid benefits, or bandwidth, I submit that limited government financial resources might be best directed first to clean water and health care.

This is particularly true of state or local efforts to finance a second, third or fourth provider of high speed Internet service, or to go into the bandwidth business itself. Government spending on broadband infrastructure should be directed primarily to those areas where market forces are unlikely, due to high costs and low prospect for returns, to extend network infrastructure without government assistance.

Her prepared remarks can be found here.

posted by Amy Smorodin @ 12:15 PM | Broadband, State Policy, Universal Service, Wireless

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Monday, September 28, 2009

Why Won't NASA Buy Commercial Launches?

Former NASA Administrator Mike Griffin used to refer to commercial alternatives to NASA's Ares rockets as "Paper Rockets," but commercial vehicles like Atlas V, Delta IV and Falcon 1 are quite real and available today, while Ares 1 and 5 are grossly over-budget and way behind-schedule:

NASA should buy commercial space services whenever possible from NewSpace companies like SpaceX, Virgin Galactic and Bigelow Aerospace. The Commercial Spaceflight Revolution is happening now!

posted by Berin Szoka @ 8:34 PM | Space, State Policy

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Tuesday, July 14, 2009

In Favor of Burdensome Regulations

My colleague, Berin Szoka, worries about 195 independent countries each regulating the Internet:

[I]t's likely to cause, at the very least, many companies to limit access to their sites or services by persons from countries with burdensome regulatory approaches. Even if those foreign laws are well-intentioned and laudable... the result could be to balkanize Internet services.

Szoka argues that Americans are better off because Congress or the federal courts can override burdensome regulation by the States. Others are worried too, and not just about the Internet. Financial regulators have long sought to harmonize regulations across borders, with the European Union leading the way. Szoka would prefer less regulation to harmonization, but if local regulators will not stay their hands voluntarily, a single set of regulations seems preferable to many overlapping, and often contradictory, regulatory regimes.

Yet the question remains of what these regulations should be. The Nobel Laureate Friedrich von Hayek argued that the perfect laws cannot be designed but must evolve over time through a process of trial and error. Americans are better off, not because the federal government can override regulation but because the States are, as Justice Louis Brandeis put it, "laboratories of democracy." Americans have the benefit of trying 50 different regulatory approaches and allowing the market to decide which approach works best.

One could easily look at the Internet today and see that the many different standards and protocols in use are wasteful and burdensome. Yet the many competing standards, and the continuous innovation that drives them, are the engine of growth in the Net economy. Picking a single standard and enforcing that standard would cause innovation to stagnate. Likewise, the burden imposed by competing regulatory regimes is outweighed by the benefits of innovation in the market for law.

Rather than creating a need for standardization in the law, globalization makes regulatory competition more effective. Some companies will choose not to offer content or services in countries with burdensome regulations but this will send a strong signal to those countries to change their regulations. Countries with effective regulations will be able to attract businesses more easily thanks to the web and other countries will have more incentive to replicate the most successful rules.

Competition is likely to lead to less burdensome regulation, so much so that many advocates for harmonization are concerned about a "race to the bottom." Competition can override the preferences of governments - websites around the world are hosted on American servers because the U.S. has stronger Free Speech protections - but not of consumers. Evidence from financial markets (subscription) has found that consumers are attracted to jurisdictions that offer strong protection of property rights: both from fraud and deceptive business practices, and from special interests who can corrupt the law to their own ends.

The Internet has, and will continue to, create new challenges for lawmakers which even the brightest economists and legal scholars will not be able to answer. As tempting as it is to assume we have all the answers, be it less regulation or better regulation, only trial and error can tell us for sure which approach is best.

posted by Mark Adams @ 11:06 AM | E-commerce, Economics, Free Speech, Global Innovation, Innovation, Internet, Internet Governance, Regulation, State Policy, Supreme Court, Trade

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Wednesday, June 4, 2008

Google, California's Privacy Policy Law & Our Sci-Fi Future

Google stands accused of violating a California law that requires a website operator to "conspicuously post" a link to its privacy policy on its "home page or first significant page after entering the Web site" with the word "Privacy" in a larger font than the rest of the page's text.

Are we not fortunate to have state laws that make it possible for customers to actually find website privacy policies? With all the billions of documents floating out there in the dark and mysterious pipes and tubes of the so-called “Internet,” how on earth would any simple user ever find the Google privacy policy if Google were not required by law to include an obvious link to that policy on its homepage? Some modern-day da Vinci would have to invent a technology that could magically index every single webpage in existence and let users find—or “search,” to use a classic science-fiction term—for that particular webpage by typing the words “Google privacy policy” and clicking a button.

Until such fantastic Jules Verne-style technologies are developed in some distant century, it is obviously vital that each and every state government develop its own requirement as to how website operators—especially those that purport to offer fantastic-but-as-yet-clearly-impossible “search” services—must clutter their websites' homepages with links to information that no user could ever possibly find on his or her own with today’s crude technology.

Continue reading Google, California's Privacy Policy Law & Our Sci-Fi Future . . .

posted by Berin Szoka @ 5:01 PM | Internet, State Policy

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Monday, February 26, 2007

Net Neutrality in the States

My former PFF colleague Randy May, now president of the Maryland-based Free State Foundation, had an editorial in The Washington Times over the weekend about the ominous new trend of state governments pushing Net Neutrality mandates. He notes that Maryland has just introduced such a measure, joining California, Maine and Michigan as states who have tried to go at it alone on this front.

This is a dangerous development for reasons made clear in another Free State Foundation report, this one by James Speta of the Northwestern University School of Law. Speta points out that:

Although some issues in telecommunications have salience at more than one jurisdictional level, network neutrality is the quintessential federal issue. First, applications and content on the Internet are distributed nationally -- and internationally. Almost never will a user access only in-state websites. Network neutrality regulation addresses the relationship between Internet access providers on the one hand and applications and content providers on the other. As a matter of telecommunications doctrine, therefore, network neutrality is a federal issue. Indeed, the FCC has already defined what it considers to be the best network neutrality regime: a general statement of policies to be applied, if necessary, on a case-by-case basis. State attempts to regulate in this area are therefore preempted.

Second, Internet access providers themselves have national footprints, design their networks based on national business practices, and advertise in national media. As a matter of policy, any fragmentation caused by different state network neutrality rules would introduce inefficiencies at a time when expanding the availability of broadband is a high national priority.

I would hope that even supporters of federal Net neutrality regulation would understand the dangers associated with giving state government more authority over the day-to-day workings of the Net. It could be a disaster in the making if a patchwork of parochial policies was applied to this global medium, especially if states use NN rules as a way to embark on other forms of Net regulation.

posted by Adam Thierer @ 11:23 AM | Net Neutrality, State Policy

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Monday, July 10, 2006

Friedman Interview in LA Times

Education is a hot topic for tech companies, thus I link to this commentary by Milton Friedman in the LA Times.

posted by Solveig Singleton @ 11:51 AM | Innovation, State Policy

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Friday, July 7, 2006

Maryland Electricity Update

posted by Ray Gifford @ 2:18 AM | Electricity, State Policy

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Monday, June 26, 2006

A Damnable Shame in Maryland

posted by Ray Gifford @ 4:01 PM | Electricity, State Policy

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Friday, June 9, 2006

Coping with COPE

posted by Ray Gifford @ 2:09 AM | Cable, Capitol Hill, Communications, Net Neutrality, State Policy, The FCC

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Thursday, April 13, 2006

Progress in the Debate on Local Telecom Reform?

posted by Kyle Dixon @ 2:24 PM | Broadband, Capitol Hill, Communications, DACA, General, Internet, Municipal Ownership, State Policy, Wireless, Wireline

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Tuesday, February 21, 2006

Did Senators Hear Randy's Call for Reform?

posted by @ 8:43 AM | Broadband, Cable, Capitol Hill, State Policy, The FCC, Think Tanks, Wireline

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Wednesday, January 4, 2006

VZ Video To Go Into Howard County

posted by @ 11:43 AM | Cable, Communications, State Policy

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Friday, December 23, 2005

OCC to Ohio Consumers: We'll Protect You From Greedy, Profiteering Firms

posted by @ 1:51 PM | State Policy

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Friday, December 16, 2005

IURC Takes a Beating from Discovery

posted by @ 4:17 PM | State Policy, Think Tanks, Wireline

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Wednesday, November 30, 2005

California: Land of Surprises

posted by @ 9:59 AM | State Policy

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Competition Dividend?

posted by @ 6:32 AM | Cable, State Policy, Think Tanks, Wireline

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Monday, November 7, 2005

Auctioneering Update -- Breathing Room for North Dakota eBay Sellers

posted by @ 5:16 PM | E-commerce, Internet, State Policy

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Thursday, November 3, 2005

State and Localities Put on Notice

posted by @ 6:37 PM | Broadband, Cable, State Policy, The FCC

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Tuesday, November 1, 2005

eBay - Welcome to the World of a Class B Misdemeanor

posted by @ 1:12 PM | E-commerce, Economics, State Policy

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Thursday, October 20, 2005

Preemption, Preemption, Preemption

posted by @ 2:33 PM | State Policy

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Friday, October 7, 2005

Outside the Beltway -- An Informal PFF Tour

posted by @ 12:14 PM | Economics, Events, General, State Policy

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Tuesday, October 4, 2005

Competition Policy Begets Tax Policy

posted by @ 9:57 AM | Economics, Internet, State Policy, Wireless

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Wednesday, September 7, 2005

Fundamental Reform - Perry Signs Communications Law in Austin

posted by @ 3:18 PM | State Policy

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Tuesday, August 23, 2005

Answering the Call?

posted by @ 3:01 PM | Cable, Capitol Hill, State Policy, The FCC

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Is Section 621(a)(1) Unreasonable?

posted by @ 2:51 PM | Cable, State Policy, The FCC

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Live Blogging from Aspen...End of State Regulation?

posted by @ 11:47 AM | Economics, General, Innovation, State Policy

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Monday, August 22, 2005

Non-Aspen Post of the Day

posted by @ 11:44 AM | Capitol Hill, State Policy, The FCC

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Wednesday, August 3, 2005

Aspen Attendee in Headlines

posted by @ 11:47 AM | State Policy

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Friday, July 29, 2005

A Bouquet for the Commission

posted by @ 2:11 PM | Capitol Hill, State Policy, The FCC

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Thursday, July 21, 2005

Bumper Crop for Texas Lobbyists

posted by @ 11:15 AM | State Policy

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Thursday, July 14, 2005

Texas Franchising

posted by @ 11:52 AM | State Policy

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Thursday, July 7, 2005

Governor's Call

posted by @ 2:14 PM | Cable, State Policy, Think Tanks

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Thursday, June 30, 2005

The Franchising Debate in Texas

posted by Patrick Ross @ 3:16 PM | State Policy

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Friday, June 24, 2005

The Politics of Kelo

posted by Ray Gifford @ 10:45 AM | State Policy

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Tuesday, June 14, 2005

Assessing Liability? Trespass on (Municipal) Wi-Fi Networks

posted by @ 11:09 AM | Municipal Ownership, State Policy, Wireless

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Friday, June 3, 2005

Nebraska Broadband

posted by @ 3:40 PM | Broadband, Municipal Ownership, State Policy

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Problems with the consumer-left

posted by Ray Gifford @ 1:29 AM | State Policy

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Tuesday, May 31, 2005

Texas Tussle: Consumers Lose

posted by Ray Gifford @ 2:16 AM | Broadband, Cable, State Policy

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Thursday, May 26, 2005

The Ho-Hum on Communications Taxes

posted by Kyle Dixon @ 3:31 PM | Capitol Hill, Communications, General, State Policy, Universal Service

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Is Judge Dillon in the Texas House?

posted by @ 11:27 AM | Cable, Communications, State Policy

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Wednesday, May 11, 2005

Mobile Phone Service is Getting Hit with Heavy Taxes

posted by @ 1:23 PM | State Policy, Wireless

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Wednesday, April 27, 2005

Whither the State Utility Commission?

posted by @ 10:10 AM | State Policy

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Monday, April 11, 2005

Taxes are Too Easy?

posted by @ 2:00 PM | State Policy

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Friday, April 8, 2005

Arkansas-VON-VoIP

posted by @ 9:47 AM | Broadband, State Policy, VoIP

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Friday, April 1, 2005

Will Colorado Limit Taxation by Regulation?

posted by @ 11:40 AM | Broadband, State Policy, VoIP

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Tuesday, March 22, 2005

Welch to Step Down

posted by Ray Gifford @ 1:48 PM | State Policy

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Wednesday, March 16, 2005

Telecom Reform in Illinois

posted by Ray Gifford @ 10:39 PM | State Policy, Wireline

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Thursday, March 3, 2005

Something Funny Afoot in Florida

posted by @ 4:37 PM | Broadband, Municipal Ownership, State Policy

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Thursday, February 24, 2005

Cable-Telco Video Competition: Beyond Level Playing Fields

posted by Kyle Dixon @ 3:37 PM | Broadband, Cable, Communications, General, State Policy

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Another Legislative Lap in Indiana

posted by @ 9:30 AM | Communications, State Policy

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Wednesday, February 23, 2005

A Connecticut Yankee? No, Not Quite

posted by @ 11:14 AM | State Policy

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Thursday, February 10, 2005

Iowa Movement

posted by @ 5:17 PM | Communications, State Policy

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Thursday, February 3, 2005

The 79th Texas Legislature

posted by @ 11:48 AM | State Policy

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Wednesday, February 2, 2005

Pole Position

posted by @ 2:28 PM | State Policy

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Thursday, January 13, 2005

Municipal Broadband, Public Goods and Public Choice

posted by Ray Gifford @ 11:30 AM | Broadband, Municipal Ownership, State Policy

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Thursday, January 6, 2005

Power Struggle...

posted by @ 4:54 PM | State Policy, Wireless

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Wednesday, January 5, 2005

More post-holiday shopping -- sigh

posted by Kyle Dixon @ 2:57 PM | Communications, State Policy

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Tuesday, January 4, 2005

Dodging another appellate bullet

posted by Kyle Dixon @ 11:09 AM | Broadband, State Policy, The FCC

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Tuesday, December 28, 2004

From their Cold Dead Hands....

posted by @ 6:20 PM | State Policy, The FCC, VoIP

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Mess with Texas

posted by @ 2:14 PM | Communications, State Policy

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Wednesday, December 8, 2004

The Path of Least Resistance

posted by @ 3:59 PM | Communications, State Policy, VoIP

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Friday, December 3, 2004

Free Speech, Inquiry and Association

posted by Ray Gifford @ 11:40 AM | State Policy

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Wednesday, December 1, 2004

Minnesota Pulls Back on Vonage...For Now

posted by @ 5:01 PM | State Policy, VoIP

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Thursday, November 18, 2004

A Word on the NARUC Resolutions...Milquetoast

posted by @ 4:02 PM | Communications, State Policy

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Tuesday, November 16, 2004

MCI Induces a Moment of Zen

posted by @ 7:44 PM | Communications, State Policy

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Wednesday, November 10, 2004

Cause to complain??

posted by Kyle Dixon @ 11:43 AM | State Policy, VoIP

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Abolishing the FCC and Other Fun Thoughts
Longing for Tax Day Simplicity
States - Leave No Taxable Opportunity Behind
Financing Wireless Broadband
Why Won't NASA Buy Commercial Launches?
In Favor of Burdensome Regulations
Google, California's Privacy Policy Law & Our Sci-Fi Future
Net Neutrality in the States
Friedman Interview in LA Times
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