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Submitted by Scott Cleland on Fri, 2016-11-18 09:50
Google’s unprecedented Obama Administration influence and its self-serving anti-employment, anti-property, and pro-regulatory policy agenda, are on a collision course with the job-creating, pro-property, deregulatory Trump Administration growth agenda.
Keep watch to see who adapts to whom and how.
I. Google’s Unprecedented Lobbying Influence
Current Alphabet-Google Chairman Eric Schmidt enjoys the privilege of being the only corporate leader of a publicly-traded company on the President’s nineteen member Council of Advisors on Science and Technology.
Submitted by Scott Cleland on Mon, 2016-11-14 13:12
In the wake of a generally-unexpected election outcome, most everyone in the Internet space is grasping to understand the implications of an all Republican-led government and a Trump FCC, on their key issues.
The purpose of this analysis is to spotlight and explain the most predictable changes to expect. By design, it is not comprehensive, because some issues are naturally less predictable than others.
To be most accurate, this analysis will be high-level and strategic, not detailed and tactical, because the “what” and the “why” here are more predictable at this early stage than the specific “how,” “when,” and “who” -- for obvious practical reasons.
I. Why are some issues very predictable at this early stage?
First, the simple, hiding-in-plain-sight, premise here, is the process/values clarity and predictability that naturally flow from unified one-party control of the levers of government.
This is the fourth time in eighteen years there will be unified one-party control of government: the Democrats had it 1993-94 and 2009-10; and Republicans had it 2003-06 and now in 2017-18. History confirms the high-level strategic predictability of one-party control of the levers of government.
Submitted by Scott Cleland on Wed, 2016-11-09 14:49
FOR IMMEDIATE RELEASE, November 9, 2016, Contact: Scott Cleland 703-217-2407
Election Provides Opportunity to Modernize Communications and Privacy Laws; And to Ensure a Pro-competition FCC that Fully Respects the Rule of Law, Facts, Due Process, Property Rights and Contracts
Submitted by Scott Cleland on Mon, 2016-10-31 11:33
Don’t miss Google’s enduring big wireless ISP ambitions in the midst of all the noise and confusion about the future of Google Fiber.
And also don’t miss Google’s grand ambitions to organize and dominate America’s spectrum-related information via its certification as a key FCC Spectrum Access System Administrator, given how little public attention it has gotten to date.
Google continues to pivot its Internet access ambitions away from deploying capital-expensive fiber technology deployment to deploying much-less-capital-expensive unlicensed wireless access technology, which does not require digging and burying fiber, and which may only use free unlicensed spectrum.
Submitted by Scott Cleland on Thu, 2016-10-27 13:52
FOR IMMEDIATE RELEASE, October 27, 2016, Contact: Scott Cleland 703-217-2407
The FCC’s Broadband Privacy Rules Confuse Consumers with Partial, Inconsistent and Misleading Privacy Protection Because Their Personal Data Remains Unprotected from Every Entity but ISPs, and the FCC’s Privacy Rules Are Effectively at War with the FTC’s Consumer Protection Mission
WASHINGTON D.C. – The following may be attributed to Scott Cleland, Chairman of NetCompetition:
Submitted by Scott Cleland on Wed, 2016-10-26 19:57
To prove to the public once and for all that the FCC’s proposed broadband privacy rules are designed to benefit consumers and not special interests, the FCC has agreed to answer some reel questions from reel people about their reel privacy concerns just before they vote on the rules October 27.
These reel consumer questions were chosen by the FCC’s new artificial intelligence algorithm to determine which of the four million questions submitted in the FCC comments for this proceeding were the most open, neutral, competitive, non-discriminatory, unbiased, and FCC-supportive.
So that these reel consumer questions can be immediately re-tweeted, liked on Facebook, ranked on Google, and echoed by Amazon, the FCC’s algorithm will only chose consumer questioners who are willing to make their name and all personally identifiable information fully available to edge providers to monetize however they want, but not available at all to any ISP.
Top Questions for the FCC Commissioners on Broadband Privacy Rules
Submitted by Scott Cleland on Tue, 2016-10-25 22:59
This analysis of the competitive facts underlying AT&T’s acquisition of Time Warner is an outgrowth of my discussion of the acquisition on NPR’s Diane Rehm Show this morning with Cecilia Kang of the New York Times and John Bergmeyer of Public Knowledge. The show can be heard here.
My main point was that the competitive facts are the best friend of this transaction.
I elaborate on that conclusion below.
The key facts lead me to believe the transaction should and will be approved, most likely by the DOJ, because of: the antitrust-benign competitive share facts in all the relevant markets; the antitrust precedents that constrain the DOJ’s ability to successfully challenge in court a vertical merger with these benign shares; and the companies have signaled they understand that if any legitimate competitive concerns arise they can be mitigated successfully with conditions and DOJ oversight of the transaction.
If officials examine the competitive facts of this acquisition with an open mind and with due process, they’ll discover first impressions can be very misleading.
Submitted by Scott Cleland on Wed, 2016-10-19 14:12
The FCC’s proposed broadband privacy rules are haphazard and have more random and conflicting “gaps” than Swiss cheese has holes.
That’s because the FCC’s approach to privacy is obviously jurisdiction and technology driven, not consumer-driven.
When will the FCC put consumer privacy protection first, and join with the FTC to work with Congress to comprehensively update privacy legislation for the 21st century?
Consumers deserve so much better than this.
Let’s count the arbitrary and haphazard privacy gaps in the FCC’s proposed privacy rules.
Submitted by Scott Cleland on Mon, 2016-09-26 15:50
When a PR tactic masquerades as principle or sound policy a mess inevitably ensues.
Google and Public Knowledge, the two leading corporate and interest group entities respectively that are opposed to copyright in America, plotted that they could disguise their real intent to “unlock copyright licensing” and devalue the valuable “information flows” of the $200b a year U.S. pay TV industry, with a clever #UnlockTheBox consumer “gift”/sneak attack… just like Greeks did in the Trojan War using the purported “gift” of a huge wooden “Trojan Horse” as a trick to secretly enable soldiers hidden inside the horse to gain entry to the securely protected city of Troy.
We now know that this FCC AllVid/Set-Top-Box (STB) rulemaking was not really about unlocking set-top-boxes for consumer benefit, but predominantly about unlocking copyright licenses for the nation’s most valuable video programming – to de facto, open-force more proprietary information to be free on the Open Internet.
Submitted by Scott Cleland on Wed, 2016-09-07 13:57
Multiple sources indicate the FCC is on path to include in its final proposed AllVid set-top box order a de facto FCC office of copyright licensing to try and politically paper over obvious policy and enforcement gaps in FCC authority.
It is further evidence that the “Unlock the Box” proponents pushing AllVid are really bent on “unlocking the copyrights, licenses, and contracts” that collectively protect $200b worth of annual video programming business, not the purported $20b set-top box business.
That’s because AllVid proponents continue to demand their initial outrageous and unlawful claim that the FCC should force the pay TV and video programmer industries to give Big Internet companies their $200b of video programming flows for free -- because the Internet wants information to be free.
The FCC’s big legitimacy problem here is that the FCC is not operating in a legal area where they can argue they are due broad court deference, because in this instance the law is very clear.
The FCC does not have the authority to force property owners to give away their copyrighted property for free or to forfeit their legal licensing or contract rights.