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5 BIG Implications from Court Signals on Net Neutrality – A Special Report -- Part 34 FCC Open Internet Order Series

Economic rationality, competition, and broadband pricing freedom are the big winners, and common carrier-like net neutrality was the big loser, if the Appeals Court panel decides Verizon v. FCC as expected.

Monday’s intense tag-team grilling of the FCC’s lawyer by Judges Tatel and Silberman left most observers thinking the Court will decide it is illegal for the FCC to impose common-carrier-like regulation on broadband providers -- regardless of what else they decide.  

FYI – New Online Research Library of Precursor’s Top Research Series

Please find the new Precursor online Research Library -- here -- which will be kept up-to-date going forward.

  • It presently catalogues links to ~270 pieces of Precursor research in ~20 ongoing research series.

This should make it much easier to scan and find particular research of interest by subject and theme.

  • An outline of subjects and themes are below.

Thank you.

Scott Cleland

Precursor LLCProven Thought Leadership

 

The Evidence Google Violated DOJ's Criminal Non-Prosecution Agreement -- Part 27 Google Unaccountability series

Please click -- here for the powerpoint presentation: "The public evidence Google violated the DOJ-Google criminal non-prosecution agreement."

Summary

In August of 2011, Google admitted criminal liability for knowingly advertising for rogue pharmacies dispensing drugs without a prescription for seven years despite repeated Government warnings to stop doing so.

To settle this criminal matter in advance of a Grand Jury proceeding, Google agreed in the DOJ-Google Criminal Non-Prosecution Agreement (NPA ) to disgorge $500m in ill-gotten revenues and to obey a two-year remediation requirement designed to deter more Google criminal activity. 

1G Government in 4G World – My Daily Caller op-ed

Please see my latest Daily Caller op-ed: “1G Government in a 4G World” – here.

  • It is Part 21 of my Obsolete Communications Law  Research Series.

 

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Obsolete Communications Law Research Series:

Google-Spy

Google is the spy tool of choice, the one stop-shop for spying, and the spymaster’s dream.

Google Chairman Eric Schmidt’s famously quipped: “if you have something you don’t want anyone to know, maybe you shouldn’t be doing it.” Given recent spying revelations, what Mr. Schmidt apparently means is: “if you don’t want to be spied upon, don’t use Google’s products and services.”

Why is that true? Let’s examine the top ten reasons.  

Summary

Arbitrary Spectrum Policy – My Daily Caller Op-ed & Part 11—Government Spectrum Waste Fraud & Abuse Series

Please see my latest Daily Caller op-ed: "Arbitrary Spectrum Policy” -- here.

  • It spotlights the FCC’s arbitrary treatment of its spectrum screen policy in approving Softbank-Sprint.
  • It is also Part 11 of my Government Spectrum Waste, Fraud & Abuse Research Series.

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Government Spectrum Waste Fraud and Abuse Research Series

U.S. Competition Beats EU Regulation in Broadband Race – Part 30 – FCC Open Internet Order Series

They were so wrong. To justify FCC market intervention, U.S. proponents of EU-style, heavy-handed broadband regulation trumpeted the narrative that the U.S. was falling behind the world in broadband.

The pro-regulation chorus of Free Press, Save the Internet, Public Knowledge, Susan Crawford, the Harvard Berkman Center, et al, sung from the same made-up song sheet that American business was failing and Government needed to take control of broadband networks to restore American leadership and prevent private enterprise from discriminating and censoring Americans free speech.

Now we know how tall a tale these pro-regulation pressure groups were willing to spin to advance their interventionist net neutrality agenda.

Facts are pesky things and the facts show that the U.S. is strongly leading the EU in the broadband race. It is so obvious even top EU officials admit the EU “needs to catch up.”

Let’s review the latest facts.

The New U.S. Spectrum Policy Has Big Problems – Part 9 -- Government Spectrum Waste Fraud & Abuse Series

Please see my latest Daily Caller op-ed: "The New U.S. Spectrum Policy Has Big Problems” -- here.

  • It critiques the new Presidential Memorandum: “Expanding America’s Leadership in Wireless Innovation.”
  • It is also Part 9 of my Government Spectrum Waste, Fraud & Abuse Research Series.

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Little Impact on FCC Open Internet Order Appeal from SCOTUS Chevron Decision -- Part 28 FCC Open Internet Order Series

What’s the impact on the Verizon appeal of the Open Internet Order of the Supreme Court’s strong reaffirmation of its Chevron deference standard, in Arlington v. FCC?

I believe Verizon is still more likely than not to prevail on the merits of its appeal, because the FCC’s Open Internet Order is so unambiguously far outside the bounds of the FCC’s statutory authority, that Chevron deference is unlikely to apply.

If the SCOTUS had not strongly reaffirmed Chevron deference, the FCC would have faced an even steeper fight in the Open Internet Order. Despite the SCOTUS decision not being particularly helpful in the specific FCC Open Internet case, it undeniably was very FCC-friendly overall. That’s because it affords the FCC more latitude to exploit the many legally-ambiguous seams of communications law to advance its various regulatory agendas in highly-targeted ways.

Wireless Plan Innovation Benefits Consumers & Competition -- Part 15 Broadband Internet Pricing Freedom Series

Please see my latest Daily Caller Op-ed "Wireless Plan Innovation Benefits Consumers & Competition -- here.

  • It debunks net neutrality criticism of a reported potential ESPN-wireless pricing experiment.
  • It is also Part 15 of my Broadband Internet Pricing Freedom research series.

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Broadband Internet Pricing Freedom Research Series

Part 1:    Netflix' Glass House Temper Tantrum Over Broadband Usage Fees

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Q&A One Pager Debunking Net Neutrality Myths