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Submitted by Scott Cleland on Fri, 2012-02-10 10:22
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.
Submitted by Scott Cleland on Tue, 2012-02-07 10:22
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.
Submitted by Scott Cleland on Tue, 2012-01-17 10:23
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.
Submitted by Scott Cleland on Wed, 2012-01-11 16:25
Submitted by Scott Cleland on Wed, 2011-12-21 19:00
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.
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 Two decades later, that market assessment predicate is obsolete as cable now has only 60% of the video distribution market and dramatically less ownership interests in cable channels.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.
Submitted by Scott Cleland on Wed, 2011-12-21 08:04
Submitted by Scott Cleland on Mon, 2011-12-12 13:59
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.
Submitted by Scott Cleland on Fri, 2011-12-09 10:15
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.
Submitted by Scott Cleland on Tue, 2011-12-06 15:16
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.
Submitted by Scott Cleland on Mon, 2011-12-05 18:24
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."