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SCOTUS Indecency Ruling's Effect on Net Neutrality

The Supreme Court's 8-0 decision on FCC vs. Fox, vacated the FCC's indecency penalties against Fox and ABC for "fleeting expletives and momentary nudity" because the FCC violated constitutional "due process protection against vague regulations" for failing to provide fair notice of what would be "actionably indecent."

How is this decision relevant to net neutrality?

First, "net neutrality" is like "obscenity" or "indecency", in that it's often in the eye of the beholder, and is devilishly difficult to define definitively. The tweet-length provision of law in question (Section 1464) is: "Whoever utters any obscene, indecent, or profane language by means of radio communications shall be fined…"

The term "net neutrality" -- that proponents have gone so far as to hype as "the first amendment of the Internet" -- can be found nowhere in law. The concept is wholly organic to the FCC, in that it started as a concept in a speech that called for no regulation for it, became an unenforceable FCC policy statement, was then used as the basis for an enforcement action, and then became an FCC order that has been challenged in court for being unconstitutional, arbitrary and capricious, and without statutory authority.

Video: Why Netflix' Net Neutrality Complaint to DOJ is Specious

Thanks to Mike Wendy of Media Freedom for capturing my 3 minute explanation of why Netflix' net neutrality complaint to the DOJ against cable broadband usage pricing is specious.

You can view it here.

 

Obsolete Analysis Will Doom DOJ's Antitrust Probe of Cable -- My Daily Caller Op-ed

Please read my latest Daily Caller Op-ed: "Obsolete Analysis Will Doom DOJ's Antitrust Probe of Cable" here.

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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"

Part 3: "FCC Special Access: Communications Obsolete-ism vs. Modernism"

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Broadband Usage Pricing Research Series:

Part 7: "Broadband Pricing is Naturally Evolving to Usage Tiers"

Part 6: "Leaf Vision & Broadband Usage Caps"

Part 5: "Consumer Group's Advocacy Hypocrisy"

FCC Special Access: Communications Obsolete-ism vs Modernism -- My Daily Caller Op-ed (Part 3 in Series)

Please read my latest Daily Caller Op-ed: "FCC Special Access: Communications Obsolete-ism vs. Modernism" here.

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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"

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Precursor Special Access Research Series:

Part 5: "FCC: Forced Access Economics & Selective Math"

Part 4: "Special Access Facts Show More Not Less Competition"

Part 3: "What's the Broadband Plan Implementation Vision? Affirming Competition Policy? Or the Retro-genda?

Part 2: "Special Access Nostalgia for Telecom's Bronze Age is No Path to 21st Century Broadband Leadership"

Verizon-Cable: The Foundation of a Fifth National Wireless Competitor (Part 10 of a series)

Are the FCC and DOJ paying attention? They say they want more wireless competition. Well the foundations of an economically-viable fifth national wireless broadband network are staring them in the face in the pending Verizon-Cable spectrum transaction, if only they would get on with approving it.

Critics and skeptics of the transaction have an obsolete and myopic view that competition must develop in the way that Congress first envisioned it seventeen years ago in the 1996 Telecom Act -- before the commercial Internet, residential WiFi, broadband wireless, smart phones or tablet computers ever existed. Critics are blind to the technology innovations, competitive developments and hybrid-business models that now are enabling the cable industry to transform into a potentially disruptive fifth national wireless broadband competitor long term.

FreePress' and Public Knowledge's desperate campaign to: discredit competition policy, twist any competitive development into anti-competitive behavior, and block the Verizon-Cable transaction -- can't overcome the obvious facts that this Verizon-Cable transaction is exceptionally pro-competitive.

NetCompetition Release: Verizon-Cable's Market-based Spectrum Transaction Promotes Competition

FOR IMMEDIATE RELEASE May 24, 2012

Contact: Scott Cleland 703-217-2407

Verizon-Cable's Market-based Spectrum Transaction Promotes Competition

Promoting secondary market for spectrum & new forms of competition is in the public interest

WASHINGTON D.C. – In response to Senate Antitrust Subcommittee Chairman Kohl's letter to the DOJ and the FCC on the Verizon-Cable transaction, the following quotes may be attributed to Scott Cleland, Chairman of NetCompetition.org:

The FCC's Public Interest Test Problem - My Daily Caller Op-ed (Part 2 in a series)

Please read my latest Daily Caller Op-ed: "The FCC's Public Interest Test Problem" here.

Part 1 of my Obsolete Communications Law series: "Obsolete communications law stifles innovation, hurts consumers" -- is here.

Broadband pricing is naturally evolving to usage tiers (Part 7 in a series)

 

Exploding overall broadband usage, combined with increasingly varied usage between average users and heaviest users, is naturally evolving the broadband market towards the flexibility of tiered usage-pricing over time.

Yesterday, Verizon Wireless indicated that it will begin to move its wireless data users away from unlimited data plans for single users that upgrade to its 4G LTE wireless broadband network, towards more-shared, tiered usage-pricing data plans, where with the potential added-price comes the added-flexibility of combining the usage of multiple devices of a family or a small business.

Today Comcast announced a transition from its current very-high, but static 250G monthly data usage cap, to a more flexible and expandable 300G monthly usage threshold, where a user would then have the option of buying additional usage above 300G -- at the likely cost of about an additional $10 per additional 50G used in a month. So in addition to choice of broadband speeds, the heaviest-use Comcast consumers will now also be able to choose how much more capacity they want to use/buy as well.

Both companies, which invest billions of dollars in their broadband infrastructures, are naturally evolving their pricing and competitive business offerings over time to address the exploding high-bandwidth usage of smart phones and tablets, market segments that did not even exist five years ago.

NetCompetition Release: Alliance for Broadband Competition Really Seeks Broadband Regulation

 

FOR IMMEDIATE RELEASE

May 14, 2012

Contact: Scott Cleland 703-217-2407

Alliance for Broadband Competition Really Seeks Broadband Regulation

Verizon-Cable spectrum transaction promotes competition & the public interest

WASHINGTON D.C. – In response to the new "Alliance for Broadband Competition" opposition to the Verizon-Cable spectrum transaction, the following quotes may be attributed to Scott Cleland, Chairman of NetCompetition.org:

Netflix' Net Neutrality Corporate Welfare Plan (Part 10 of a Series)

Apparently Netflix is angling to become Silicon Valley's king of corporate welfare. We learn from a New York Times economics column advocating for an Internet industrial policy that "Netflix is trying to build a coalition of businesses to make the case for… net neutrality." And that the "online video powerhouse Netflix started a political action committee to complement a budding lobbying effort in support of the idea that all content must be allowed to travel through the Internet on equal terms" -- translation: always at no cost to Netflix.

But Netflix isn't in need of public assistance; it is America's video subscription leader with 23 million subscribers. Netflix has $3.3b in annual revenues, $1.2b in gross profits, $800m in cash, a 34% return on equity, and a market valuation multiple over twice the market's. And Netflix flexed its exceptional pricing power last year in raising its prices 60% without losing many subscribers.

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Q&A One Pager Debunking Net Neutrality Myths