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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 Two decades later, that market assessment predicate is obsolete as cable now has only 60% of the video distribution market and dramatically less ownership interests in cable channels.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."
Submitted by Scott Cleland on Thu, 2011-12-01 12:45
In comparing SOPA anti-piracy legislation to the FCC's Open Internet net neutrality regulations in lobbying material for Senate Republicans, Google continues to shamelessly say one thing and do another and not practice what they preach.
The company that led, orchestrated, and bankrolled much of the net neutrality movement over Senate Republicans strong objections is now misrepresenting
In Google supports Title II regulation
Submitted by Scott Cleland on Mon, 2011-11-28 12:06
The only thing proponents of Net neutrality regulation and opponents of online piracy legislation appear to have in common is the boy-crying-wolf "censorship" rhetoric of FreePress' Save The Internet activists.
See my Forbes Tech Capitalist post here, "SOPA Opponents' Bogus Net Neutrality Comparisons."