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Silicon Valley’s Biggest Internet Mistake – My Daily Caller Op-ed

 

Please don’t miss my Daily Caller op-ed here: “Silicon Valley’s Biggest Internet Mistake,” to learn the disastrous international repercussions for the Internet of the FCC regulating the American Internet as a “telecommunications” utility.

This is Part 67 of my FCC Open Internet Order Series.

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FCC Open Internet Order Series

Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]

Why Waxman’s FCC Internet Utility Regulation Plan Would Be Unlawful

 

Rep. Henry Waxman, Ranking Member of the House Energy and Commerce Committee, wrote the FCC to propose that the FCC, in its pending Open Internet order remand, “reclassif[y] broadband providers as telecommunications services and then using the modern [Title I] authority of section 706 to set bright-line rules to prevent blocking, throttling, and paid prioritization.”

Evaluating the Title II Rainbow of Proposals for the FCC to Go Nuclear

 

While proposing to follow the D.C. Circuit Court’s roadmap in Verizon v. FCC to create a legal FCC regulatory framework for the Internet Age under the FCC’s 706 authorities, the FCC also invited proposals to potentially subject broadband to Title II common carrier utility regulation.

The FCC’s invitation has prompted a “rainbow of policy and legal proposals” that would explore “new ideas for protecting and promoting the open Internet” by imposing Title II telecommunications regulation on America’s Internet infrastructure.

FTC Implicitly Urges FCC to Not Reclassify Broadband as a Utility

 

The FTC implicitly laid down an important jurisdictional, political, and public marker against FCC reclassification of broadband as a utility, in its recent FCC filing in the FCC’s Section 706 inquiry proceeding.

Respectfully outside of the Open Internet proceeding considering whether to reclassify broadband information services as a Title II common carrier (utility) telecommunication service, the FTC officially and deftly introduced key legal facts into the overall FCC record – that deftly have the practical and legal effect of opposing FCC reclassification of broadband Internet access service as a Title II common carrier – on the record.

De-competition De-competition De-competition – My Daily Caller Op-ed

 

Please read my Daily Caller op-ed: “De-competition De-competition De-competition” here.

  • De-competition is regulation that undermines competition in order to justify more regulation.

As one can see from the “de-competition” series below, this isn’t the first time the FCC has turned to de-competition policy.

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FCC De-Competition Series

Part 1:Harms of a Potential New FCC De-Competition Policy – Reply Comments to FCC Open Internet NPRM [4-5-10]

NetCompetition Comments to FCC Opposing Title II Utility Regulation of Broadband

 

FCC Open Internet Order Remand Request for Comments (GN Docket No. 14-28) Submitted by: Scott Cleland, Chairman of NetCompetition, September 9, 2014

The case against the FCC regulating broadband as a telephone utility is overwhelming. Please see eight strong arguments against FCC Title II reclassification of broadband below.

The Summary Case against FCC Title II Reclassification of Broadband

 

  1. The FCC rejected Title II reclassification in 2010 for many good reasons.

  2. Broadband info services classification is consistent with law, national policy, and FCC precedent.

The FCC’s Redefinition of Broadband Competition

 

What is the FCC’s definition of “competition?” That is the defining question and take-away from FCC Chairman Wheeler’s latest broadband speech, “The Facts and Future of Broadband Competition.”  

Tellingly the Chairman said: “Since my first day as Chairman of the FCC my mantra has been consistent and concise: Competition, Competition, Competition.” Well then, it seems especially important to understand exactly what the FCC Chairman means when he says the FCC is singularly focused on “Competition.”  

Debunking Consumerist Bogus Claim Mobile Data Does Not Compete with Cable

 

Pro-regulation interests often resort to highly misleading arguments to advance their cause. Fortunately that kind of deception ultimately exposes the weakness of their underlying argument and public policy position.

To promote Netflix’ “strong” version of net neutrality regulation and to oppose the Comcast-TWC acquisition, Consumerist just framed a very deceptive whopper competition argument: “Comcast says mobile data is competitive, but it costs $2k to stream Breaking Bad over LTE.”

Internet Peering Doesn’t Need Fixing – NetComp CommActUpdate Submission

 

The old adage is true here; “if it ain’t broke don’t fix it.”

The Internet peering marketplace works exceptionally well and it has for its entire twenty year history. The unparalleled success, growth, and resiliency of the unregulated model for the Internet backbone peering marketplace has been nothing short of phenomenal in enabling and ensuring everyone reasonable access to the Internet.

Inter-networked computer networks are effectively the opposite of railroad, electricity, and telephone networks; trying to impose telephone interconnection rules on IP inter-networking is akin to forcing a square peg into a round hole. It predictably breaks both the peg and the hole.

Please see NetCompetition’s House CommActUpdate submission on interconnection -- here. (3 pages)

Silicon Valley’s 6 Biggest Net Neutrality Fantasies – Special Report

If Silicon Valley folks are indeed the smartest of the smart, how could they be so easily fooled on net neutrality?

Normally smarts distinguish between what’s testable and real versus what is the pixie-dust of dreams.  

So where’s the real data and sound scientific thinking behind Silicon Valley’s grandiose net neutrality presumptions?

Why isn’t Silicon Valley adhering to its own data-driven, scientific decision-making principles?

 

 

Summary of Silicon Valley’s 6 Biggest Net Neutrality Fantasies:

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Q&A One Pager Debunking Net Neutrality Myths