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Submitted by Scott Cleland on Mon, 2013-10-14 19:41
Just like the wisdom that one cannot make a silk purse from a sow’s ear; one cannot make “modern” FCC policy from obsolete communications law.
Apparently that is not stopping Former FCC Chairman Reed Hundt and Greg Rosston from trying in their new white paper: “Articulating a Modern Approach to FCC Competition Policy.”
Their paper contrives: “three different competition policy approaches: the classicrole of regulating terms and conditions of sale, the modernrole of using various tools to create largely deregulated, multi-firm, competitive markets, and the laissez-faire approach of believing that unregulated markets, even if monopolized, will produce the best outcome.”
5 BIG Implications from Court Signals on Net Neutrality – A Special Report -- Part 34 FCC Open Internet Order SeriesSubmitted by Scott Cleland on Fri, 2013-09-13 12:54
Economic rationality, competition, and broadband pricing freedom are the big winners, and common carrier-like net neutrality was the big loser, if the Appeals Court panel decides Verizon v. FCC as expected.
Monday’s intense tag-team grilling of the FCC’s lawyer by Judges Tatel and Silberman left most observers thinking the Court will decide it is illegal for the FCC to impose common-carrier-like regulation on broadband providers -- regardless of what else they decide.
Submitted by Scott Cleland on Mon, 2013-09-02 21:18
September 9th looks to be a challenging day for the FCC.
For many good reasons, the FCC will face a skeptical D.C. Circuit Court of Appeals panel Monday in oral arguments for Verizon vs. FCC. The FCC will be defending its Open Internet order which mandated neutrality.
Overall the court will be skeptical because the FCC largely ignored the law, Congress, the facts, and the Constitution. Essentially, the FCC made up an industry problem that does not exist in order to repurpose itself for the Internet age. Simply, the FCC is not asking for slack from the court (i.e. Chevron Deference), it’s basically asking for carte blanche to grant itself unbounded authority going forward.
Verizon enjoys the advantage in this case because it need prevail in only one of its several strong challenges to the FCC’s order, while the FCC must convince the court to completely reject all of Verizon’s arguments.
Specifically, why will this court be skeptical here?
Submitted by Scott Cleland on Tue, 2013-08-20 17:30
Information may want to be free, but physical networks are costly.
Few proponents of net neutrality appreciate the trillions of dollars of investment it has taken to build and upgrade the Internet’s vast and varied infrastructure that we all enjoy today. Simply, the Internet is not free of cost.
Economical policies have made the Internet universal and have enabled users to access the content, apps, and devices of their choice – what net neutrality is supposedly all about. On the other hand, uneconomical policies that discourage economic growth, return-on-investment, or respect for property can have unintended consequences and can threaten the proverbial goose that lays the golden eggs.
Arbitrary Spectrum Policy – My Daily Caller Op-ed & Part 11—Government Spectrum Waste Fraud & Abuse SeriesSubmitted by Scott Cleland on Fri, 2013-06-28 16:16
Please see my latest Daily Caller op-ed: "Arbitrary Spectrum Policy” -- here.
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Government Spectrum Waste Fraud and Abuse Research Series
Submitted by Scott Cleland on Tue, 2013-06-25 18:06
Just when the pending 600 MHz “incentive” FCC auction looks like it could not get more unworkably complex than a reverse, “incentive,” auction with looming FCC bidder limits, T-Mobile proposes to add a “dynamic” twist where the rules would then change as the auction goes along depending on how much bidders bid relative to a government-estimate that may or may not have any basis in economic reality.
To use a diving metaphor, this is like a synchronized diving event with unknown dozens of divers that first must do a “reverse” back flip to “incentivize” another set of divers right behind them to then do a front flip, but only if the particular diver before them does a reverse back flip that individually gets a good enough score to make a follow-on dive possible, and then if that happens for some of the diver teams, any follow-on dives would then be scored “dynamically” depending on a random target score of the previous dive, which would then determine if said diver can dive again or not.
That’s essentially the latest T-Mobile “dynamic spectrum rules” proposal for the 600 MHz auction that T-Mobile just proposed and released to reporters.
It can and does get worse.
The economist behind the T-Mobile proposal was Deputy FCC Economist when the FCC was nano-implementing the 1996 Telecom Act and came up with TELRIC pricing and UNE-P. UNE-P was an elaborate FCC ruse to get around the plain language of the Telecom Act and get a 50-60% resale discount for all telecom services (a platform) for CLECs, rather than the ~20% platform resale discount methodology in law.
Submitted by Scott Cleland on Fri, 2013-06-21 15:27
They were so wrong. To justify FCC market intervention, U.S. proponents of EU-style, heavy-handed broadband regulation trumpeted the narrative that the U.S. was falling behind the world in broadband.
The pro-regulation chorus of Free Press, Save the Internet, Public Knowledge, Susan Crawford, the Harvard Berkman Center, et al, sung from the same made-up song sheet that American business was failing and Government needed to take control of broadband networks to restore American leadership and prevent private enterprise from discriminating and censoring Americans free speech.
Now we know how tall a tale these pro-regulation pressure groups were willing to spin to advance their interventionist net neutrality agenda.
Facts are pesky things and the facts show that the U.S. is strongly leading the EU in the broadband race. It is so obvious even top EU officials admit the EU “needs to catch up.”
Let’s review the latest facts.
The New U.S. Spectrum Policy Has Big Problems – Part 9 -- Government Spectrum Waste Fraud & Abuse SeriesSubmitted by Scott Cleland on Wed, 2013-06-19 16:01
Please see my latest Daily Caller op-ed: "The New U.S. Spectrum Policy Has Big Problems” -- here.
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The FCC/DOJ’s One Gigahertz Spectrum Charade – My Daily Caller Op-ed & Part 8 of Government Spectrum Waste, Fraud & Abuse SeriesSubmitted by Scott Cleland on Fri, 2013-06-07 15:01
Please see my latest Daily Caller op-ed: "FCC/DOJ’s One Gigahertz Spectrum Charade" -- here.
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Government Spectrum Waste Fraud and Abuse Research Series
More Legal Trouble for FCC’s Open Internet Order & Net Neutrality -- Part 29 FCC Open Internet Order SeriesSubmitted by Scott Cleland on Sun, 2013-06-02 18:32
The D.C. Circuit Court of Appeals 3-0 decision to overturn the FCC in Comcast v. FCC/Tennis Channel spells more trouble for the ultimate legality of the FCC’s Open Internet Order. That decision spotlights that three additional D.C. Circuit Appeals Court’s judges do not agree with the FCC’s reading of the law and the facts concerning lawful network discrimination.
On the margin, this new decision should make Verizon more confident and the FCC less confident in the outcome of Verizon v. FCC.
Overall, I believe Verizon remains more likely than not to prevail in its challenge of the FCC net neutrality regulations in the FCC’s Open Internet Order, because Verizon only needs to prevail with one of its many strong arguments while the FCC must win on all of them.
How is this latest D.C. Circuit decision relevant to the FCC Open Internet order case?