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Debunking Edge Competition Myth Predicate in FCC Title II Broadband Order – FCC Comments

SUMMARY:

In 2015, the FCC’s Title II Open Internet broadband order was predicated on a demonstrably false central competitive premise: that the Internet’s edge was competitive while the broadband Internet core was not competitive. The facts prove the opposite.

The 2015 FCC’s competition premise is myth.

While there is plenty of information in the record, and in the July 17 comments, that broadband is  competitive, until now there has been little data and research on the overall competitiveness of the Internet edge providers, save for NetCompetition’s July 17th comments that showed how concentrated the Internet edge is using the Internet Association as a proxy.

To further rebut comments that were predicated on the demonstrably false central premise that the Internet’s edge is competitive, NetCompetition submits additional Internet competition research below.

Debunking Edge Competition Premises in FCC 2015 Title II Broadband Order – FCC Comments

 

July 17, 2017

FCC Restoring Internet Freedom WC No. 17-108

Submission by Scott Cleland, Chairman, NetCompetition (An e-forum supported by broadband interests.)

 

 

Debunking Edge Competition Premises in FCC 2015 Title II Broadband Order – FCC Comments

In 2015, the FCC’s Title II Open Internet broadband order implicitly was based on three core competitive premises about “edge” competition and competitors, that are demonstrably false, which undermines the factual legitimacy and legal justification of the FCC’s 2015 Open Internet order, and which supports the current FCC’s Restoring Internet Freedom NPRM to overturn it.

Summary: The 2015 FCC’s three demonstrably false core competitive premises are:

 

Why Aren’t Google Amazon & Facebook’s Winner-Take-All Networks Neutral?

 

Ironically, the world’s leading winner-take-all Internet platforms -- Google, Amazon, and Facebook -- are the leading voices of the July 12th “Internet-wide Day of Action to Save Net Neutrality.” They want to pressure the U.S. FCC to maximally regulate ISPs as Title II telephone utilities, even though they don’t believe in operating neutral networks themselves.

Even more ironic, is this 1 min. Google-YouTube video -- by the Internet Association, “the unified voice of the Internet economy.” It defines net neutrality and what it wants the FCC to ban ISPs from doing. However, those banned behaviors closely describe how Google, Facebook and Amazon often operate. Awkward.

In yet another video supporting this Day of Action, three U.S. Senators video message said: “We believe the Internet is the extraordinary opportunity that gives everybody in America the chance to get ahead. We have to make sure it is not controlled by a handful of powerful corporations.”

This piece has two tasks.

Which Internet Gatekeeper Discriminates the Most? Alphabet-Google

If proponents of network neutrality, an Internet non-discrimination principle, truly care about preventing discrimination on the Internet, why do they turn a blind eye to the worst offender of gatekeeper discrimination on the Internet – Alphabet-Google?

Recently, the Internet Association, which Google co-founded and funds, criticized the Federal Communications Commission for its proposal on network neutrality and utility regulation of Internet Service Providers (ISPs). Internet Association President Michael Beckerman stated: “ISPs should not be able to use their position as gatekeepers to prioritize their own content over others.”

Apparently, the net neutrality movement has a hypocritical double standard on gatekeeper discrimination. It has one for their chosen opponents – ISPs, and another for their allies and patrons like Google.

They maximally regulate competitive ISPs as monopolies engaged in anti-competitive discrimination, when they are not on both counts. They stay silent and do nothing when a real monopoly anti-competitively discriminates.

How can net neutrality proponents be so incensed about an imagined ISP net neutrality problem and so indifferent to a real anti-competitive and discriminatory gatekeeper problem on the Internet – Google?

They must ignore the facts.

NetCompetition: Broadband Utility Regulation Proponents’ Hypocritical Focus

FOR IMMEDIATE RELEASE, May 18, 2017, Contact:  Scott Cleland 703-217-2407

 

What’s Wrong with This Picture? Pressure Groups and their Netopolies-Funders: Google, Facebook and Amazon, Hypocritically Demand Utility Regulation of Competitive Broadband ISPs to Prevent Commercial Discrimination or Blocking When the Netopolies are the Actual De Facto Utilities that Discriminate and Block as a Key Part their Business Models  

 

WASHINGTON D.C. – The following may be attributed to Scott Cleland, Chairman of NetCompetition:  

 

“Title II broadband regulation proponents sacrifice their credibility when they claim competitive companies are monopolies that require the strongest possible utility regulation, while simultaneously claiming Internet monopolies like Google, Facebook and Amazon, are competitive companies that should have no regulation at all.”

 

 

HBO’s John Oliver needs a 'net neutrality' reality check – The Hill Op-ed

 

Please don’t miss my latest The Hill Op-ed: “HBO’s John Oliver needs a 'net neutrality' reality check.”

 

Internet giants, not broadband providers, are the top threat to consumers – The Hill Op-ed

Please don’t miss my latest The Hill Op-ed: “Internet giants, not broadband providers, are the top threat to consumers”.

 

 

FCC Chairman Pai’s Brilliant Title II Net Neutrality Checkmate Strategy

Net neutrality proponents who summarily dismiss any potential for Congress to resolve net neutrality with a legislative compromise, might want to rethink that heroic assumption after closely reading the Pai-FCC’s Title II NPRM.

Apparently, Chairman Pai has figured out a way that could overturn the FCC’s 2015 Open Internet order, and in addition, practically neuter the going-forward precedential value of the D.C. Circuit Court of Appeals’ USTelecom v. FCC decision that upheld the legality of the 2015 FCC order.

Importantly, it is the continuation of the legal validation and legitimacy of the USTelecom v. FCC decision that gives net neutrality proponents their long-term hope that they could restore a Title II net neutrality regime in the U.S. with just a simple FCC majority vote in 2021 or 2025, just like they did in 2015.

Six definitions that are preventing consensus on net neutrality -- The Hill Op-ed

Please don’t miss my latest The Hill op-ed: “Six definitions that are preventing consensus on net neutrality.”

 

NetCompetition: FCC Promoting Private Over Public Infrastructure Investment

FOR IMMEDIATE RELEASE, April 20, 2017, Contact:  Scott Cleland 703-217-2407

Pai FCC is wisely spurring private broadband infrastructure investment and facilities-based competition, which is what makes America’s Internet infrastructure unique in the world, and which is the opposite of the Wheeler FCC’s broadband infrastructure policy of Title II public utility regulation and promotion of taxpayer-funded municipal broadband networks

WASHINGTON D.C. – The following may be attributed to Scott Cleland, Chairman of NetCompetition:

“In a series of consistent digital infrastructure decisions today by the Pai FCC, the important policy takeaway is a Pai-FCC laser focus on encouraging private sector infrastructure investment and facilities-based competition, a complete reversal of the Wheeler-FCC’s opposite laser focus of discouraging private broadband infrastructure investment via aggressive promotion of taxpayer-funded, municipal broadband infrastructure investment, and maximal Title II public utility regulation of competitive broadband facility providers.”

“These Pai-FCC infrastructure decisions today represent a clear return to the bipartisan 1996 Telecom Act purpose of “promoting competition and reducing regulation,” and the consistent bipartisan broadband policies of the 1997-2013 FCC’s of Senate-confirmed FCC Chairmen Kennard, Powell, Martin, and Genachowski, that all promoted facilities-based broadband competition and investment, and consistently rejected Title II utility regulation of broadband Internet access.”

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Q&A One Pager Debunking Net Neutrality Myths