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The New U.S. Spectrum Policy Has Big Problems – Part 9 -- Government Spectrum Waste Fraud & Abuse SeriesSubmitted by Scott Cleland on Wed, 2013-06-19 16:01
Please see my latest Daily Caller op-ed: "The New U.S. Spectrum Policy Has Big Problems” -- here.
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Little Impact on FCC Open Internet Order Appeal from SCOTUS Chevron Decision -- Part 28 FCC Open Internet Order SeriesSubmitted by Scott Cleland on Tue, 2013-05-21 18:23
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 SeriesSubmitted by Scott Cleland on Mon, 2013-05-13 09:05
Please see my latest Daily Caller Op-ed "Wireless Plan Innovation Benefits Consumers & Competition -- here.
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Broadband Internet Pricing Freedom Research Series
Part 1: Netflix' Glass House Temper Tantrum Over Broadband Usage Fees
Submitted by Scott Cleland on Tue, 2013-05-07 13:07
Submitted by Scott Cleland on Mon, 2013-04-22 04:34
Competition is alive and well in the U.S. communications market.
Market forces have produced a barrage of big competitive developments in just a few weeks. Dish’s disruptive $25b bid for Sprint could offer consumers a new choice of a lower-price, faster-speed, all-wireless platform for the first time. Google’s disruptive ongoing expansion of Google Fiber from Kansas City to Austin Texas and Provo Utah signals more and new consumers could increasingly enjoy the choice of a new, much-faster, near-comprehensively-integrated broadband offering. And T-Mobile is disrupting in yet another major way with a new maverick wireless pricing model that offers no contract plans and relatively more a la carte pricing.
These developments are proof positive why competition is so far superior to regulation. Survival is a powerful motivator to disrupt, differentiate and innovate, just as the opportunity for large profit and market leadership are powerful motivators as well.
While regulators slowly fret over how they can solve yesterday’s problems by fiat or opaque subsidy, competition is automatically devising alternative solutions to today’s problems, and inevitably is working on different solutions to tomorrow’s problems.
The Evidence that Google Bamboozled the EU Competition Authorities – Part 21 Google Unaccountability Research SeriesSubmitted by Scott Cleland on Fri, 2013-04-19 12:28
Look at the evidence to judge for yourself if Google bamboozled the EU Competition authorities.
Simply, compare the long list of major EU concessions to Google to the short-list of minor Google concessions to the EU – made in the EU-Google settlement negotiations to resolve the investigated problem of Google’s anti-competitive search bias.
The evidence shows Google dominated these negotiations. Given that most everyone would agree that the sovereign European Union is vastly more powerful than corporate Google, and given that the EU’s competition law and enforcement process is well-known to be very tough, a logical conclusion from the upside-down outcome of these negotiations is that Google successfully bamboozled the EU competition authorities.
Submitted by Scott Cleland on Mon, 2013-04-15 14:07
Please see my latest Daily Caller op-ed: "DOJ Joins FCC in Picking Wireless Winners & Losers" -- here.
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Government Spectrum Waste Fraud and Abuse Research Series
Part 1: U.S. Government's Obsolete and Wasteful Spectrum Hoarding and Rationing
Submitted by Scott Cleland on Fri, 2013-04-12 15:17
In advance of the Senate Antitrust oversight hearing for the DOJ and FTC Tuesday, please see my Daily Caller op-ed "DOJ & FTC Antitrust Report Cards" -- here -- to learn two of the big oversight questions for the hearing.
This is Part 20 in the Google Unaccountability Research Series.
Google Unaccountability Research Series:
Part 0: Google's Poor and Defiant Settlement Record
Part 1: Why Google Thinks It Is Above the Law
Part 2: Top Ten Untrue Google Stories
Part 3: Google's Growing Record of Obstruction of Justice
Submitted by Scott Cleland on Tue, 2013-04-09 11:48
Will the New FCC Chair be a Modernist or a Nostalgist? -- My Daily Caller Op-ed -- Part 4 of Modernization Consensus SeriesSubmitted by Scott Cleland on Tue, 2013-04-02 15:08
Please read my latest Daily Caller Op-ed: "Will the New FCC Chair Be a Modernist or Nostalgist?" -- here.
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Modernization Consensus Series
(Note: This research series previews strategic developments that could encourage consensus to modernize obsolete communications law.)