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Real vs. Contrived “Modern” FCC Policy Thinking – Part 20 Obsolete Communications Law Series

Just like the wisdom that one cannot make a silk purse from a sow’s ear; one cannot make “modern” FCC policy from obsolete communications law.

Apparently that is not stopping Former FCC Chairman Reed Hundt and Greg Rosston from trying in their new white paper: “Articulating a Modern Approach to FCC Competition Policy.”   

Their paper contrives:  three different competition policy approaches: the classicrole of regulating terms and conditions of sale, the modernrole of using various tools to create largely deregulated, multi-firm, competitive markets, and the laissez-faire approach of believing that unregulated markets, even if monopolized, will produce the best outcome.”

Video: Why FCC Title II Reclassification of Broadband is a Legal Non-Starter – Part 6 of Title II Reclassification Series

Expect net neutrality proponents to pressure the FCC to reclassify broadband as a Title II common carrier telephone service, if as many expect, the D.C. Appeals Court overturns much, or possibly all, of the FCC’s Open Internet Order in the coming months.

Observers of the September 9th oral argument heard Judges Tatel and Silberman strongly question the legality of applying common carrier-like regulation to an unregulated information service.

If you want to know why it would be a legal non-starter for the FCC to then completely reverse course and try to reclassify broadband as Title II common carrier service, please listen to my video explanation, starting at 7:52. (The written version of my argument is part 5 of this post.)

Congress: Restore Our Rightful Privacy Ownership – My Daily Caller Op-ed – Part 2 of Privacy Theft Series

Please don’t miss my latest op-ed: “Congress: Restore Our Rightful Privacy Ownership” – here.

It makes the case that privacy is a form of property under the Constitution and that Congress must step up and legislate in order to restore Americans’ reasonable expectation of privacy online -- regardless of what technology is involved.

Own your privacy.

 

Privacy Theft Series

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.

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Q&A One Pager Debunking Net Neutrality Myths