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Net Neutrality

Spotlighting Threat of UN Regulation of Internet at CPAC Today

I will  be on the CPAC Digital Liberty panel today with FCC Commissioner Robert McDowell, Kelly Cobb of ATR and Ryan Radia of CEI.

The very important sleeper issue I expect we will spotlight for the CPAC audience is the imminent threat to the Internet from a China/Russia-led effort to get the United Nations' International Telecommunications Union to regulate the Internet similar to the way they regulate telephony and postal service, via a renegotiation of the treaty that affects telecommunications in Dubai in December 2012.

UN regulation of the Internet would kill the proverbial goose that laid the golden egg, by locking in the past and making innovation difficult in the future.

This is a not so subtle effort to undermine and slow America's high tech innovation leadership in the world by miring U.S. Internet companies in the ITU regulatory swamp.

UN regulation of the Internet is a big, under-appreciated, looming threat to freedom and economic growth.

Spectrum: To Auction or Not to Auction?

The FCC's recent call for unbounded spectrum auction authority spotlights an important debate over whether some of this scarce and extremely valuable wireless spectrum should be auctioned or not.

  • Ironically the FCC is asking Congress to give it spectrum auction authority to not auction spectrum.
  • In other words, the FCC is asking to be unilaterally empowered to decide not to auction some spectrum so it can deem it "unlicensed spectrum," like that used for WiFi and garage door openers.

There are huge fiscal problems with the FCC's position, given our nation's severe fiscal situation: a trillion dollar Federal budget deficit and a ballooning multi-trillion dollar public debt.

First, the real world effect of the FCC's gambit here is to try and get revenue-raising legislation to not raise many billions of dollars.

FCC Seeks Unbounded Spectrum Auction Authority

At CES, the FCC signaled that it opposed any effort by Congress to give the FCC policy direction or to establish any checks and balances on the FCC in authorizing incentive auctions of prime TV broadcast spectrum.

See my Forbes Tech Capitalist post "FCC Seeks Unbounded Spectrum Auction Authority" to see why the the FCC's lack of regulatory humility here is so stunning.

Seven Ways the World is Changing the Internet

Since most people focus on how the Internet is changing the world, few focus on the reverse -- how much the world is changing the Internet.

See My Forbes Tech Capitalist blog post to learn the "Seven Ways the World is Changing the Internet."

 

Does FCC Want to Become The Federal Video Programming Commission?

This week an FCC Administrative Law Judge (ALJ) ordered Comcast to carry The Tennis Channel in the same tier and channel neighborhood as The Golf Channel and Versus, another sports channel.  

  • Given the deep flaws in the ALJ's highly-intrusive, and micro-managing decision, there are several good reasons the FCC should overturn the ALJ's decision upon appeal.

1.  Implements Obsolete Law: The section of law at issue here, Section 616 of the 1992 Cable Act, is predicated on early 1990s market conditions of cable being a monopoly video distributor with large ownership interests in cable channels. Two decades later, that market assessment predicate is obsolete as cable now has only 60% of the video distribution market and dramatically less ownership interests in cable channels. At core the FCC has to decide if it is fair, sound or legitimate competition policy to completely ignore current competition facts.

Emily Litella Meets Google Wallet

To see how the call for the FCC to investigate the allegation that Verizon is blocking Google Wallet is a misinformed Emily Litella rant, please see my Forbes Tech Capitalist Blog post here.

In Defense of Rule of Law & "Cyber-Conservatism"

Many thanks to Adam Thierer of the Technology Liberation Front, for selecting my book, Search & Destroy, as a top twenty most Important Cyber-Law & Info-Tech Policy books of 2011 because “it represented the beginning of an articulation of a philosophy of “cyber-conservatism.”  I also thank Adam for his critical and insightful review of Search & Destroy, which clearly delineates his principled cyber-libertarian differences with my principled “cyber-conservative” views.

Android’s Pickpocket behind Google Wallet

The kerfuffle painting the Google Wallet App as an innocent victim of Verizon blocking -- in violation of an "open" Internet and net neutrality regulations -- completely misses the forest for the trees. This conflict revolves around two ongoing industry battles.

To see what this kerfuffle is really all about read my Forbes Tech Capitalist blog post here: Android's Pickpocket behind Google Wallet.

 

Verizon-Cable Spectrum: Is FCC Open to Competition?

The out-of-the-box thinking that led to Comcast, Time Warner Cable and Bright House to sell $3.6b of AWS spectrum to competitor Verizon is a watershed competitive development which ultimately will flush out the real FCC.

 

 

Top Ten Flaws in FCC’s AT&T/T-Mobile Competition Analysis

The unprecedented release of a FCC draft staff analysis opposing the the proposed AT&T/T-Mobile transaction could backfire legally, undermining its intent to backstop the DOJ's pending lawsuit against the merger.

See my Forbes Tech Capitalist post here on the "Top Ten Flaws in the FCC's AT&T/T-Mobile Competition Analysis."

 

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Q&A One Pager Debunking Net Neutrality Myths