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Submitted by Scott Cleland on Wed, 2011-08-03 12:40
FreePress with its "all complaints all the time" approach to advocacy has been caught once again "crying wolf" when there was no real problem or threat.
FreePress also continues to cry wolf about its spurious tethering" complaint against Verizon because users are prevented from unauthorized tethering of additional devices trying to bypass users' terms of service agreement.
Submitted by Scott Cleland on Tue, 2011-08-02 13:20
There's more powerful evidence from Capitol Hill that the FCC's beleaguered Open Internet/net neutrality regulations are in serious trouble.
First, on July 27th, eleven GOP Senators on the Senate Commerce Committee requested in a letter, that the FCC conduct a cost-benefit analysis of the FCC's Open Internet Order, given the President's recent Executive Order directing independent agencies to reduce burdensome regulations.
Submitted by Scott Cleland on Mon, 2011-08-01 15:25
In the end, the U.S. Government is highly-likely to approve the AT&T/T-Mobile merger, despite the significant opposition, because of three over-riding realities: 1) market/financial realities, 2)DOJ legal/precedent realities, and 3) FCC public-interest realities.
I. Market Reality:
T-Mobile's leadership and owners have decided that they are unable and unwilling to invest what is necessary in order to compete going forward in the American 4G wireless market, and given that fundamental premise, the AT&T/T-Mobile merger is the optimal market outcome for T-Mobile's customers and for competition.
So the key baseline fact grounding the DOJ/FCC's decision processes here, is that T-Mobile's leaders/funders are effectively exiting this business one way or another long term via merger, sale or benign neglect.
Submitted by Scott Cleland on Tue, 2011-07-26 17:44
Netflix continues to throw stones at the common economic practice of usage-based pricing, to which broadband carriers are naturally migrating, all while Netflix stands inside a glass house filled with mis-managed usage pricing practices.
Netflix as Stone Thrower:
In a concerted campaign for net neutrality regulation that would ban broadband usage caps or pricing, Netflix has generated a:
Netflix as Glass House:
Submitted by Scott Cleland on Tue, 2011-07-26 11:07
Those interested in the ultimate legal fate of the FCC's beleaguered Open Internet order, should not miss Randy May's outstanding analysis of the D.C. Appeals Court's latest thinking on the FreeStateBlog.
Simply, Randy keenly spotlights a very relevant recent D.C. Court of Appeals decision overturning an SEC rule as a precursor/analogous decision of how that court will likely view the FCC's controversial Open Internet Order.
Randy is dead on that this Court is very likely to show very little tolerance for the FCC's scant and lame justification for net neutrality regulation -- a justification that can be encapsulated in the well-known phrase of those who can't defend their position on the merits: "because we say so."
Submitted by Scott Cleland on Tue, 2011-07-19 14:00
The latest strategic demonization of private enterprise by the radical information commons movement to promote net neutrality comes from Ms. Rebecca Mackinnon of the New America Foundation, who recently charged that private corporations have too much power over the Internet and effectively should be regulated as common carriers, when she previewed her upcoming book "The Consent of the Governed" at the TEDGlobal conference in Edinburgh, which was covered by the New York Times.
Ms. MacKinnon in her talk, employed a ridiculously bad and outrageous analogy that Internet users should fight against Internet companies' Internet tyranny like the barons in England fought King John's tyranny in 1215 by writing the Magna Carta.
Consider how the 1215 Magna Carta baseline could not be less analogous with today's Internet baseline.
Submitted by Scott Cleland on Fri, 2011-07-15 16:46
Media reports apparently missed the subtle, but important and telling political weakening since April of the Administration's official position in defense of the FCC's beleaguered Open Internet Order.
Bottom-line the Administration officially signaled, albeit cryptically, that it would not veto the House appropriation bill that funds the FCC, among other agencies, specifically over the Congressional prohibition of the FCC spending money on implementing the FCC Open Internet Order.
Submitted by Scott Cleland on Thu, 2011-07-14 13:13
Kudos to Ev Erhlich for an outstanding Huffington Post op-ed: entitled: "Why Liberals Should Think Twice About Net Neutrality."
Submitted by Scott Cleland on Tue, 2011-07-12 15:05
The fundamental rationale undergirding the FCC's net neutrality regulations in the December Open Internet Order appears to be crumbling before our eyes in both the U.S. and the EU -- enough so to raise the question -- could they be "dead regs walking?"
In the U.S., a new White House Executive Order calls on independent agencies like the FCC to revisit "regulations already on the books to reduce outdated, unjustified regulations that stifle job creation and make our economy less competitive."
Submitted by Scott Cleland on Fri, 2011-07-08 18:29
Netflix's General Counsel, David Hyman, hypocritically and deceptively blasted the broadband industry for its natural migration to usage-based bandwidth pricing in his fact-challenged WSJ op-ed: "Why Bandwidth Pricing is Anti-competitive."
First, it is both ironic and hypocritical that the largest subscription video provider in the United States by subscribers, Netflix, criticizes the normal economic practice of usage-based pricing as anti-competitive when other companies do it, when Netflix has long priced and capped its business offering based on consumer usage.
Mr. Hyman must have known Netflix would look self-serving and hypocritical if people knew: