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Will Google Become SoftBank-Sprint's Silent Partner?

Like most analysts, I am not persuaded by the stated rationale and synergies SoftBank has put forth to justify its acquisition of Sprint. At bottom the deal is financial engineering: balance sheet and exchange rate arbitrage; and market timing. It appears to be a financial partnership, not the stated strategic partnership.

SoftBank hopes its shareholders will imagine that the 2013 and beyond U.S. experience of a maturing wireless smart-phone market and Sprint's late-iPhone-entrant role will somehow be analogous to SoftBank's iPhone first-mover experience in 2008 Japan. That's like asserting rock-climbing uphill is analogous with sliding downhill because they both involve hills.

Supreme Court likely to leash FCC to the law

In an ominous development for the FCC, the Supreme Court agreed Friday to hear the legal question of whether a Federal Court must give "Chevron deference" to an administrative agency (FCC) when an agency interprets a law in a way which could determine its own jurisdiction. I believe this presages that the Supreme Court will decide next year that regulatory agencies cannot be the effective final arbiter of their own power and jurisdiction under the law, because that constitutional power rests with Congress and the courts.

"Chevron deference" is a 1984 Supreme Court administrative law precedent that directs courts to defer to a regulatory agency's expertise in interpreting statutes directing regulatory action unless their interpretation is unreasonable.

FCC Creates "Abundant" Uncertainty -- Part 12: Broadband Internet Pricing Freedom Series

Unfortunately, the FCC Chairman's remarks to a Silicon Valley audience last week -- trumpeting his new concern for "anything that depresses broadband usage" -- are creating abundant uncertainty for broadband businesses and investors.

Specifically, Gigaom reported: "When asked about the impact of data caps on broadband innovation by my colleague Janko Roettgers and how his thinking had evolved on the topic, the chairman said he was concerned about data caps. He added, “Anything that depresses broadband usage is something that we need to be really concerned about.” And he further said, “We should all be concerned with anything that is incompatible with the psychology of abundance.”

This appears to signal a stupefying 180-degree reversal of the FCC Chairman's well-established policy position on broadband usage pricing.

U.S. Government's Obsolete and Wasteful Spectrum Hoarding and Rationing -- My Daily Caller Op-ed

Please don't miss my latest Daily Caller op-ed: "U.S. Government's Obsolete and Wasteful Spectrum Hoarding and Rationing" here.

This is part 11 of my Obsolete Communications Law research series.

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Obsolete Communications Law Op-ed Series:

The FCC's 1887 Railroad Regulation Mindset -- My Daily Caller Op-ed

Please see my latest Daily Caller op-ed: "The FCC's 1887 Railroad Regulation Mindset" here. This piece is part 10 of my Obsolete Communications Law research series.

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Obsolete Communications Law Op-ed Series:

Part 1: "Obsolete communications law stifles innovation, harms consumers"

FCC Showcases Its Growing Obsolescence -- My Daily Caller Op-ed

Please see my latest Daily Caller op-ed: "The FCC Showcases its Growing Obsolescence" here. This piece is part 9 of my Obsolete Communications Law research series.

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Obsolete Communications Law Op-ed Series:

Part 1: "Obsolete communications law stifles innovation, harms consumers"

Part 2: "The FCC's Public Interest Test Problem"

Google Fiber: Modern Technology, but Obsolete Policy Thinking

Please see my latest Daily Caller Op-ed: "Google Fiber: Modern Technology, but Obsolete Policy Thinking" here.

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Obsolete Communications Law Op-ed Series:

Part 1: "Obsolete communications law stifles innovation, harms consumers"

FCC's Over-Reliance on Obsolete Law - My Daily Caller Op-ed

Please see my latest Daily Caller Op-ed: "FCC's Over-Reliance on Obsolete Law" here. It spotlights the FCC's clear pattern of relying on obsolete law and non-existing statutory authority.

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Obsolete Communications Law Op-ed Series:

Part 1: "Obsolete communications law stifles innovation, harms consumers"

FreePress Reboots! Internet Freedom is SaveTheInternet.com 2.0 and it has a twin!

Pay attention when FreePress is quiet about something it was ear-splitting loud about before. Without fanfare, FreePress apparently has mothballed its old SaveTheInternet.com agitprop campaign apparatus by redirecting www.SaveTheInternet.com to a refreshed FreePress.net site that reboots under a variety of "Internet freedom" agitprop sub-campaigns. Mandated net neutrality government regulation has now transmogrified into an "Internet freedom."

And FreePress/Public Knowledge have cloned a SaveTheInternet twin, the comic-book-inspired, "Internet Defense League," which apparently will be the new front group responsible for much of the online community organizing and stunt-staging that FreePress/SaveTheInternet became infamous for. Think of the FreePress 1.0 email list of ~500,000 activists pinging around in a social media 2.0 echo chamber, in order to defend the Internet from capitalism, profit and private property.

FreePress' "Internet freedom" reboot apparently is in the process of getting the people and organizations which signed the original oath of allegiance to SaveTheInternet, to sign the new FreePress 2.0's Declaration of Internet freedom.

Questions to Ask at Google-Fiber Announcement

Listed below are pertinent questions to ask Google at its Google Fiber announcement July 26th, given Google's "launch-first, fix-later" philosophy, and its PR practice of omitting material facts and information. (See the Google-Kansas City Agreement here.)

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Q&A One Pager Debunking Net Neutrality Myths