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Submitted by Scott Cleland on Wed, 2011-09-28 19:00
Submitted by Scott Cleland on Fri, 2011-09-16 12:01
Submitted by Scott Cleland on Tue, 2011-09-06 11:58
Netflix' continues to exhibit serious difficulties grasping basic economics, competition and value.
First, Netflix is lowering its value to customers.
Second, Netflix is shifting its costs to its customers.
Third, Netflix is chasing away the premium content its subscribers demand.
Submitted by Scott Cleland on Mon, 2011-08-22 15:54
An easy way for the FCC to show respect for the President's Executive Order to eliminate "outmoded" and "excessively burdensome" regulations would be to grant the NCTA's petition for a declaratory ruling, that Section 652 of the 1996 Telecom Act, (intended to encourage incumbent local telcos and cable companies to compete in telephony and video) was not meant to prohibit pro-competitive mergers between cable companies and new entrant CLECs that didn't exist in 1996 and thus have no market power.
The FCC Sect. 652 status quo is counterproductive in perversely thwarting a central competition policy goal of the 1996 Telecom Act: i.e. promotion of cable-telco competition.
Specifically, the NCTA's petition exposes a dysfunctional local franchising authority review process that has no standards or time limits, which makes the overall regulatory review process for cable-CLEC mergers uncertain, arbitrary, and "excessively burdensome."
Submitted by Scott Cleland on Wed, 2011-08-03 12:40
FreePress with its "all complaints all the time" approach to advocacy has been caught once again "crying wolf" when there was no real problem or threat.
FreePress also continues to cry wolf about its spurious tethering" complaint against Verizon because users are prevented from unauthorized tethering of additional devices trying to bypass users' terms of service agreement.
Submitted by Scott Cleland on Tue, 2011-07-19 14:00
The latest strategic demonization of private enterprise by the radical information commons movement to promote net neutrality comes from Ms. Rebecca Mackinnon of the New America Foundation, who recently charged that private corporations have too much power over the Internet and effectively should be regulated as common carriers, when she previewed her upcoming book "The Consent of the Governed" at the TEDGlobal conference in Edinburgh, which was covered by the New York Times.
Ms. MacKinnon in her talk, employed a ridiculously bad and outrageous analogy that Internet users should fight against Internet companies' Internet tyranny like the barons in England fought King John's tyranny in 1215 by writing the Magna Carta.
Consider how the 1215 Magna Carta baseline could not be less analogous with today's Internet baseline.
Submitted by Scott Cleland on Tue, 2011-07-12 15:05
The fundamental rationale undergirding the FCC's net neutrality regulations in the December Open Internet Order appears to be crumbling before our eyes in both the U.S. and the EU -- enough so to raise the question -- could they be "dead regs walking?"
In the U.S., a new White House Executive Order calls on independent agencies like the FCC to revisit "regulations already on the books to reduce outdated, unjustified regulations that stifle job creation and make our economy less competitive."
Submitted by Scott Cleland on Fri, 2011-07-08 18:29
Netflix's General Counsel, David Hyman, hypocritically and deceptively blasted the broadband industry for its natural migration to usage-based bandwidth pricing in his fact-challenged WSJ op-ed: "Why Bandwidth Pricing is Anti-competitive."
First, it is both ironic and hypocritical that the largest subscription video provider in the United States by subscribers, Netflix, criticizes the normal economic practice of usage-based pricing as anti-competitive when other companies do it, when Netflix has long priced and capped its business offering based on consumer usage.
Mr. Hyman must have known Netflix would look self-serving and hypocritical if people knew:
Submitted by Scott Cleland on Wed, 2011-07-06 18:32
In a Washington Post op-ed entitled "A smarter approach to cutting red tape," Cass Sunstein, the White House's Regulatory czar, laid out a laudatory plan for Federal executive agencies "to eliminate burdensome requirements that hinder economic growth and job creation," with a big loophole problem -- the plan does not apply to "independent" agencies like the FCC and its burdensome net neutrality regulations in the Open Internet order.
It makes no sense that the FCC's net neutrality regulations, the veritable poster child of "unjustified burdens and pointless red tape," have escaped:
More problematic is that independent agencies, like the FCC, supposedly are "creatures of Congress," but this FCC ignored a majority of Congress last year that asked the FCC to defer to Congress on net neutrality.
Submitted by Scott Cleland on Thu, 2011-06-30 14:08
Four recent developments signal that net neutrality proponents of the FCC's December Open Internet Order are hearing footsteps and looking over their shoulder, increasingly concerned about the ultimate legal and political survivability of the net neutrality regulations/order.
First, professor Susan Crawford, one of the most ardent proponents of net neutrality rules and Title II reclassification, penned a telling and surprisingly candid analysis of how the Supreme Court's recent decision to overturn a California ban on the sale/rental of violent video games to minors, on First Amendment free speech grounds, very likely helps broadband providers' free speech argument to overturn the FCC's net neutrality rules.
The irony here is that a net neutrality proponent thought leader is implicitly acknowledging that the main slogan of FreePress/Save The Internet and others -- that "net neutrality is the First Amendment of the Internet" -- is a totally bogus.