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Google Fiber's Avoidance of Phone Service Makes Case for Obsolete Law -- Part 15 Obsolete Communications Law SeriesSubmitted by Scott Cleland on Fri, 2012-12-07 15:34
This week Google's actions made the case that U.S. communications law and regulation is obsolete.
The Head of Google Fiber disclosed that Google considered offering phone services in Kansas City as part of its bundle of Gigabit "ultra high-speed" Internet service and TV offering, but declined to do so when they became familiar with the prohibitive morass of legacy analog federal and state telephone regulations with which Google would have had to comply. While acknowledging that the incremental cost of offering voice services would have been "almost nothing," Mr. Medin lamented that Google would have had to build a more complex billing system to comply with the various state calculations in Kansas and Missouri.
It is telling that with all the special tax breaks and large business subsidies that Google was offered to choose Kansas City as the pilot Google Fiber city, they were still not enough to offset the high operational, management, and regulatory costs to comply with legacy telephone regulations.
Why Conservatives Should Be Skeptical of Copyright Reform -- Part 4 Defending First Principles SeriesSubmitted by Scott Cleland on Wed, 2012-12-05 15:44
There are many strong reasons for conservatives to be skeptical of proposed copyright reform and new entreaties for conservatives to actually lead a copyright reform effort.
While Mr. Brito's reasoned intro shows why there is a legitimate debate to be had concerning the Constitutional definition of "limited times" to authors for "their respective writings" and provides some context to justify his position, Mr. Brito does not provide the full context necessary for conservatives to make an informed decision of whether or not they should support copyright reform let alone lead the charge for it.
Let's examine the strong reasons conservatives should be skeptical here.
Submitted by Scott Cleland on Tue, 2012-12-04 18:10
While the D.C. Circuit Court of Appeals gave the FCC a significant win in upholding the FCC's Data Roaming Order, the incremental, serpentine, and limiting way the court did it suggests that this same Court will likely not uphold the FCC's sweeping assertion of legislative-like Internet regulation authority in its Open Internet Order.
In upholding the Data Roaming Order, the Court was faced with a set of facts where the FCC already had clear authority to require mobile voice roaming and the question was whether the FCC had enough authority to extend it to data roaming. In excruciating legal detail, the Court explained why the FCC had the Title III radio authority for this limited action and why the FCC "warrants deference" in this "gray area" of determining when a service is or isn't common carrier. Nevertheless, the court warned the FCC to not try and overreach beyond the narrow boundaries that the court allowed.
Simply, the court gave the FCC more leash in this set of circumstances, but still warned they remained on the court's leash.
Submitted by Scott Cleland on Wed, 2012-11-28 13:27
I can't remember reading a more misinformed op-ed than today's NYT's "Bad Connections" by David Cay Johnston.
His stated premise that telecommunications competition hasn't fulfilled its promise of lowered prices, more innovation or improved quality since 1974 is apparently blind to obvious commonly-known facts.
In 1974, most all Americans used black rotary-dialed phones, suffered from prohibitively-expensive long distance rates, and phone technology that hadn't changed much for forty years.
Now thanks to competition Americans can:
Submitted by Scott Cleland on Tue, 2012-11-20 13:29
Mr. Derek Khanna, a new Republican Study Committee (RSC) staffer, distributed a policy brief on copyright "myths" last Friday that the Committee very quickly disavowed and pulled down because it had not been vetted to ensure that it fairly represented the Republican Study Committee's views. Don't expect this policy brief to ever get the official support of RSC because Mr. Khanna has obviously and grossly mischaracterized Constitutional first principles, property rights, and free markets beyond recognition.
There are at least five fundamental flaws in Mr. Khanna's characterizations.
1. Congresses and Supreme Courts have not totally misread the Constitution for over 200 years.
Mr. Khanna's effective assertion that two centuries of Congressional and Supreme Court interpretation of the U.S. Constitution's treatment of property rights, and copyrights in particular, are really "myths" that misinterpret what he posits the Founding Fathers really meant to do in promoting "progress of science and the useful arts," puts his opinion squarely at odds with America's two centuries of experience with Constitutional rule of law.
Submitted by Scott Cleland on Mon, 2012-11-19 20:42
The genuine U.S. Constitutional principle of "Freedom of Speech" in the First Amendment -- that protects us from the real and time-tested threat of governmental tyranny -- continues to get debased, devalued and misrepresented by the free-of-cost tech movement of Free-Culture, the Free-Software Foundation, Public Knowledge, and their corporate online-advertising allies who commercially-depend on free content and the no-cost sharing of others' private property. They justify their means of debasing, devaluing and misrepresenting Constitutionally-protected freedom speech because it advances their ends of an Internet information commons.
Ironically these freedom-from-cost interests just argued against a Constitutional interpretation of protecting freedom of speech in a brief before a Federal Appeals Court in opposing Verizon's challenge to the FCC's Open Internet Order, because Verizon had the temerity to assert its Constitutional right to freedom of speech, in addition to other legal and Constitutional defenses.
Submitted by Scott Cleland on Fri, 2012-11-16 10:26
Please see my new power point presentation here entitled: "Modern Beats Obsolete in Spurring Economic Growth and Innovation -- Modernize Obsolete Communications Law and Spectrum Management." It is the culmination of a year of research and presents very powerful evidence of how woefully obsolete and absurdly dysfunctional America's communications policy has become.
This neglected problem has been bipartisan in the making over sixteen administrations and dozens of Congresses. It also will take a long-term bipartisan effort to correct. It will only become increasingly imperative to do so as more and more of our economy and society depends on a fully modern mobile Internet.
After reading this presentation you won't be able to look at current American communications policy in the same way again. America's got a lot of work to do to ensure our leadership in the Internet and high tech continues and is not slowed by the nonsensical and unnecessary drag on investment, innovation and growth of obsolete law and spectrum resource management.
Please don't miss the charts. An outline of the presentation follows:
The Real Motive behind Opposition to Broadband Usage Pricing -- Part 13 Broadband Internet Pricing Freedom SeriesSubmitted by Scott Cleland on Wed, 2012-11-14 20:49
Now we know the real reason why there has been such strong opposition by FreePress and other net neutrality proponents to the common sense economic notion of broadband usage pricing. The newly launched Open Wireless Movement now wants to turn everyone's home WiFi routers into interconnected, free, public-community, "open WiFi" hotspots.
A Welcome Catalyst for Modernizing Obsolete Communications Law and Regulation -- My Daily Caller Op-edSubmitted by Scott Cleland on Fri, 2012-11-09 13:23
Please see my new Daily Caller Op-ed: "A Welcome Catalyst for Modernizing Obsolete Communications Law & Regulation" -- here.
Obsolete Communications Law research series:
Part 1: "Obsolete communications law stifles innovation, harms consumers"
Google News-ster, Books-ster, YouTube-ster, Android-ster -- Google's Disrespect for Property Part 13Submitted by Scott Cleland on Fri, 2012-11-02 12:03
Newspaper and magazine interests in Germany, France, and Brazil are fighting back against Google News' monetization of their headlines and property without compensation by urging lawmakers to pass laws requiring royalties or revenue sharing for ancillary copyright use of their core product news, per AP and NYT reports.
This piece supports three conclusions.