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Little Impact on FCC Open Internet Order Appeal from SCOTUS Chevron Decision -- Part 28 FCC Open Internet Order Series

What’s the impact on the Verizon appeal of the Open Internet Order of the Supreme Court’s strong reaffirmation of its Chevron deference standard, in Arlington v. FCC?

I believe Verizon is still more likely than not to prevail on the merits of its appeal, because the FCC’s Open Internet Order is so unambiguously far outside the bounds of the FCC’s statutory authority, that Chevron deference is unlikely to apply.

If the SCOTUS had not strongly reaffirmed Chevron deference, the FCC would have faced an even steeper fight in the Open Internet Order. Despite the SCOTUS decision not being particularly helpful in the specific FCC Open Internet case, it undeniably was very FCC-friendly overall. That’s because it affords the FCC more latitude to exploit the many legally-ambiguous seams of communications law to advance its various regulatory agendas in highly-targeted ways.

America's private video market success -- My Daily Caller Op-ed

Please see my latest Daily Caller op-ed: "America's private video market success" here.

  • It debunks Free Press' diatribe against cable to try and promote net neutrality regulation and a ban on usage-based broadband pricing.
  • It is Part 16 of my broadband Internet pricing freedom research series.  

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Broadband Internet Pricing Freedom Research Series

Part 1:    Netflix' Glass House Temper Tantrum Over Broadband Usage Fees

Wireless Plan Innovation Benefits Consumers & Competition -- Part 15 Broadband Internet Pricing Freedom Series

Please see my latest Daily Caller Op-ed "Wireless Plan Innovation Benefits Consumers & Competition -- here.

  • It debunks net neutrality criticism of a reported potential ESPN-wireless pricing experiment.
  • It is also Part 15 of my Broadband Internet Pricing Freedom research series.

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Broadband Internet Pricing Freedom Research Series

Part 1:    Netflix' Glass House Temper Tantrum Over Broadband Usage Fees

Don't miss Litan-Singer book: The Need for Speed

Kudos to Robert Litan and Hal Singer for the clarity-of-thought and free market policy wisdom in their new book: “The Need for Speed: A New Framework for Telecommunications Policy for the 21st Century.” Here is the link to the book at Amazon.

Oops! Professor Crawford’s Model Broadband Nation, Korea, Doesn’t Support Net Neutrality & Favors Market Concentration

As Professor Crawford continues her book tour advocating for a broadband utopia of an ultra-fast, government-subsidized, public-utility-regulated, broadband network with net neutrality, the supposed-facts undergirding her proposal, are crumbling away.

Why Europe is Falling Behind America in Broadband -- Daily Caller Op-ed -- Part 3 Modernization Consensus Series

Please see my Daily Caller op-ed "Why Europe is Falling Behind America in Broadband" -- here.

  • It's Part 3 of Modernization Consensus Series.

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Modernization Consensus Series

(Note: This research series previews strategic developments that could encourage consensus to modernize obsolete communications law.)

Debated free super-WiFi with Professor Crawford on NPR's Diane Rehm Show Today -- Hear podcast

Today National Public Radio's Diane Rehm Show featured a lively and informative discussion of "The FCC's Proposal for a Free Nationwide Wireless Network" -- based on the Washington Post's top story Monday on the topic of the FCC's "super WiFi" plans.

  • The podcast is -- here.

Diane Rehm's guests were:

  • Professor Susan Crawford;
  • Bloomberg's Todd Shields; and
  • Me.

I believe it was a very helpful and informative discussion because it corrected much of the confusion prompted by the Washington Post's cryptic and inaccurate article on the FCC's plans for "Super-WiFi."

It also provided an excellent and appropriate forum to systematically challenge and counter Professor Crawford's selective use of facts in her advocacy that broadband should be regulated like a public utility.

 

Developing Fundamental Consensus for the IP Transition -- Part 2 Modernization Consensus Series

Please read my latest Daily Caller Op-ed: "Developing Fundamental Consensus for the IP Transition" -- here." Importantly, it builds upon Public Knowledge's "Five Fundamentals" framework in its PSTN comments to the FCC.

    • It's part 2 of the Modernization Consensus Research Series.

 

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Modernization Consensus Series

Implications of Google's Broadband Plans for Competition and Regulation -- Part 1 Modernization Consensus Series

Google's latest broadband pilot, experimenting with micro-cell (mesh) wireless broadband in its Mountain View headquarters, comes on top of Google Fiber's high-profile, commercial broadband pilot in Kansas City, that Google's CFO recently told investors was not a "hobby" but a real business opportunity.

These broadband pilots put a spotlight on Google's overall broadband plans and beg an analysis of the potential implications of Google's broadband plans for competition and regulation.

Summary of Conclusions:

  1. Securing much-faster broadband access for its users is a strategic imperative for Google.
  2. Google can offer much-faster broadband access, more widely, less expensively, and potentially more profitably, than conventional wisdom believes.
  3. Competitively Google is counting on favorable industrial policy to accelerate rollout of its broadband offering in the U.S.
  4. The more Google offers broadband access the more it will need modernization of obsolete communications laws.
  5. Potential FCC Title II regulation of broadband could be the single biggest threat to Google's ultra-fast broadband plans.

 

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Q&A One Pager Debunking Net Neutrality Myths