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Regulation

Little Impact on FCC Open Internet Order Appeal from SCOTUS Chevron Decision -- Part 28 FCC Open Internet Order Series

What’s the impact on the Verizon appeal of the Open Internet Order of the Supreme Court’s strong reaffirmation of its Chevron deference standard, in Arlington v. FCC?

I believe Verizon is still more likely than not to prevail on the merits of its appeal, because the FCC’s Open Internet Order is so unambiguously far outside the bounds of the FCC’s statutory authority, that Chevron deference is unlikely to apply.

If the SCOTUS had not strongly reaffirmed Chevron deference, the FCC would have faced an even steeper fight in the Open Internet Order. Despite the SCOTUS decision not being particularly helpful in the specific FCC Open Internet case, it undeniably was very FCC-friendly overall. That’s because it affords the FCC more latitude to exploit the many legally-ambiguous seams of communications law to advance its various regulatory agendas in highly-targeted ways.

What Do Dish-Sprint, Google Fiber, & T-Mobile’s No Contracts, All Mean?

Competition is alive and well in the U.S. communications market.

Market forces have produced a barrage of big competitive developments in just a few weeks. Dish’s disruptive $25b bid for Sprint could offer consumers a new choice of a lower-price, faster-speed, all-wireless platform for the first time. Google’s disruptive ongoing expansion of Google Fiber from Kansas City to Austin Texas and Provo Utah signals more and new consumers could increasingly enjoy the choice of a new, much-faster, near-comprehensively-integrated broadband offering. And T-Mobile is disrupting in yet another major way with a new maverick wireless pricing model that offers no contract plans and relatively more a la carte pricing.  

These developments are proof positive why competition is so far superior to regulation. Survival is a powerful motivator to disrupt, differentiate and innovate, just as the opportunity for large profit and market leadership are powerful motivators as well.

While regulators slowly fret over how they can solve yesterday’s problems by fiat or opaque subsidy, competition is automatically devising alternative solutions to today’s problems, and inevitably is working on different solutions to tomorrow’s problems.  

I.    Dish-Sprint

DOJ Joins FCC in Picking Wireless Winners and Losers – My Daily Caller Op-ed

Please see my latest Daily Caller op-ed: "DOJ Joins FCC in Picking Wireless Winners & Losers" -- here.

  • It is Part 7 of my Government Spectrum Waste, Fraud & Abuse Research Series. 

 

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Government Spectrum Waste Fraud and Abuse Research Series

Part 1: U.S. Government's Obsolete and Wasteful Spectrum Hoarding and Rationing

Will the New FCC Chair be a Modernist or a Nostalgist? -- My Daily Caller Op-ed -- Part 4 of Modernization Consensus Series

Please read my latest Daily Caller Op-ed: "Will the New FCC Chair Be a Modernist or Nostalgist?" -- here.

  • It's Part 4 of my Modernization Consensus Research Series. 

 

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Modernization Consensus Series

(Note: This research series previews strategic developments that could encourage consensus to modernize obsolete communications law.)

FCC's Obsolete Wireless Competition Mindset -- my Daily Caller op-ed -- Part 6 Government Spectrum Waste Fraud & Abuse series

Please see my new Daily Caller op-ed "FCC’s Obsolete Wireless Competition Mindset" -- here.

  • It puts the FCC’s 16th Mobile Competition Report into perspective and it is Part 6 of my ongoing Government Spectrum Waste, Fraud & Abuse research series.

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 Government Spectrum Waste Fraud and Abuse Research Series

Why IP Interconnection Would Break the Internet -- My Daily Caller Op-ed -- Part 18 Obsolete Communications Law Series

Please don't miss my new Daily Caller op-ed: "Why IP Interconnection Would Break the Internet" -- here.

  • It is a must read for anyone interested in the IP transition and the FCC.

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Obsolete Communications Law Research Series:

 

Don't miss Litan-Singer book: The Need for Speed

Kudos to Robert Litan and Hal Singer for the clarity-of-thought and free market policy wisdom in their new book: “The Need for Speed: A New Framework for Telecommunications Policy for the 21st Century.” Here is the link to the book at Amazon.

Oops! Professor Crawford’s Model Broadband Nation, Korea, Doesn’t Support Net Neutrality & Favors Market Concentration

As Professor Crawford continues her book tour advocating for a broadband utopia of an ultra-fast, government-subsidized, public-utility-regulated, broadband network with net neutrality, the supposed-facts undergirding her proposal, are crumbling away.

Big Internet’s Most Special Interests – Part 7: Internet as Oz Series

If the Internet Association is presumptuous enough to unilaterally deem itselfthe unified voice of the Internet economy,” I guess we should not be surprised that on the same day that our duly-elected President delivered the State of the Union, the unelected President of the Internet Association would be presumptuous enough to deliver the “State of the Internet.” 

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Q&A One Pager Debunking Net Neutrality Myths