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The FCC/DOJ’s One Gigahertz Spectrum Charade – My Daily Caller Op-ed & Part 8 of Government Spectrum Waste, Fraud & Abuse Series

Please see my latest Daily Caller op-ed: "FCC/DOJ’s One Gigahertz Spectrum Charade" -- here.

  • It is Part 8 of my Government Spectrum Waste, Fraud & Abuse Research Series.

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Government Spectrum Waste Fraud and Abuse Research Series

More Legal Trouble for FCC’s Open Internet Order & Net Neutrality -- Part 29 FCC Open Internet Order Series

The D.C. Circuit Court of Appeals 3-0 decision to overturn the FCC in Comcast v. FCC/Tennis Channel spells more trouble for the ultimate legality of the FCC’s Open Internet Order. That decision spotlights that three additional D.C. Circuit Appeals Court’s judges do not agree with the FCC’s reading of the law and the facts concerning lawful network discrimination.

On the margin, this new decision should make Verizon more confident and the FCC less confident in the outcome of Verizon v. FCC.

Overall, I believe Verizon remains more likely than not to prevail in its challenge of the FCC net neutrality regulations in the FCC’s Open Internet Order, because Verizon only needs to prevail with one of its many strong arguments while the FCC must win on all of them.

How is this latest D.C. Circuit decision relevant to the FCC Open Internet order case?

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

Wireless competition: What’s the data say?

The CTIA just released its semi-annual statistics on the wireless industry’s performance, and its bad news for all those supposed data-driven, pro-regulation proponents who are in search of evidence or data to justify regulating wireless or wireless spectrum holdings.

The data are more powerful evidence of a competitive wireless industry. Hopefully, this data will nudge the FCC to begrudgingly conclude that the industry is indeed competitive, despite their blinders to the data.

Briefly, the U.S. wireless industry:

What Do Dish-Sprint, Google Fiber, & T-Mobile’s No Contracts, All Mean?

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.  

I.    Dish-Sprint

DOJ Joins FCC in Picking Wireless Winners and Losers – My Daily Caller Op-ed

Please see my latest Daily Caller op-ed: "DOJ Joins FCC in Picking Wireless Winners & Losers" -- here.

  • It is Part 7 of my Government Spectrum Waste, Fraud & Abuse Research Series. 

 

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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

Will the New FCC Chair be a Modernist or a Nostalgist? -- My Daily Caller Op-ed -- Part 4 of Modernization Consensus Series

Please read my latest Daily Caller Op-ed: "Will the New FCC Chair Be a Modernist or Nostalgist?" -- here.

  • It's Part 4 of my Modernization Consensus Research Series. 

 

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Modernization Consensus Series

(Note: This research series previews strategic developments that could encourage consensus to modernize obsolete communications law.)

FCC's Obsolete Wireless Competition Mindset -- my Daily Caller op-ed -- Part 6 Government Spectrum Waste Fraud & Abuse series

Please see my new Daily Caller op-ed "FCC’s Obsolete Wireless Competition Mindset" -- here.

  • It puts the FCC’s 16th Mobile Competition Report into perspective and it is Part 6 of my ongoing Government Spectrum Waste, Fraud & Abuse research series.

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 Government Spectrum Waste Fraud and Abuse Research Series

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Q&A One Pager Debunking Net Neutrality Myths