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Submitted by Scott Cleland on Wed, 2011-09-28 19:00
Submitted by Scott Cleland on Mon, 2011-09-19 17:47
See my Forbes post "Google 21st Century Robber Baron" which briefly tells the story of Google's Robber Baron rap sheet, in advance of Google's Wednesday Senate antitrust hearing.
The post also explains why Google's Board of Directors have been AWOL while all this scofflaw behavior has been going on.
Submitted by Scott Cleland on Fri, 2011-09-16 12:01
Submitted by Scott Cleland on Tue, 2011-09-13 18:58
Mr. Chairman and Ranking Member, it is a real pleasure to be here today, and thank you again for not issuing that formal subpoena you had to threaten in order to compel us to testify.
Let me begin my testimony by taking this opportunity to divert the media’s attention from this hearing by making a series of Google public announcements that our news algorithms predict will bury news of today’s hearing on the second page of most search results.
Submitted by Scott Cleland on Tue, 2011-09-06 11:58
Netflix' continues to exhibit serious difficulties grasping basic economics, competition and value.
First, Netflix is lowering its value to customers.
Second, Netflix is shifting its costs to its customers.
Third, Netflix is chasing away the premium content its subscribers demand.
Submitted by Scott Cleland on Mon, 2011-09-05 13:59
The broader evidence of competitive price pressure in the U.S. mobile marketplace that the DOJ has ignored and excluded in its gerrymandered market definition -- is the DOJ case's Achilles Heel.
While layman may not understand that the DOJ's HHI concentration indices are not determinative, this experienced Judge certainly does.
Submitted by Scott Cleland on Thu, 2011-09-01 15:00
The DOJ lawsuit against the AT&T/TMobile merger has many serious flaws that will make it difficult for the DOJ to meet its burden of proof in court that this merger is anti-competitive.
Importantly, if the DOJ ultimately cannot prove this merger is anti-competitive in a court of law, that official legal decision would make it legally difficult for the FCC to block the merger on competition grounds under the FCC's public interest standard, especially given that the merger would bring more broadband speed more quickly to more Americans, and create jobs, which the FCC's claims are their top public interest priorities.
I. Summary of Top Ten Flaws in DOJ's Case
Submitted by Scott Cleland on Mon, 2011-08-22 15:54
An easy way for the FCC to show respect for the President's Executive Order to eliminate "outmoded" and "excessively burdensome" regulations would be to grant the NCTA's petition for a declaratory ruling, that Section 652 of the 1996 Telecom Act, (intended to encourage incumbent local telcos and cable companies to compete in telephony and video) was not meant to prohibit pro-competitive mergers between cable companies and new entrant CLECs that didn't exist in 1996 and thus have no market power.
The FCC Sect. 652 status quo is counterproductive in perversely thwarting a central competition policy goal of the 1996 Telecom Act: i.e. promotion of cable-telco competition.
Specifically, the NCTA's petition exposes a dysfunctional local franchising authority review process that has no standards or time limits, which makes the overall regulatory review process for cable-CLEC mergers uncertain, arbitrary, and "excessively burdensome."
Submitted by Scott Cleland on Thu, 2011-08-11 13:35
FreePress and its allies continue to harass the FCC for not supporting its radical Luddite vision of rolling back the Internet to its pre-1994 days when it was Government-owned and operated, and used only by a small elite, before it was privatized by the Clinton-Gore Administration an became a worldwide phenomenon enjoyed by most everyone most everywhere.
FreePress, Public Knowledge and their allies continue to fantasize about turning the Internet into an information commons and a "dumb pipe" network.
FreePress criticized the FCC Chairman in TR Daily for his common sense mainstream view that broadband providers can and should emply usage-based pricing.
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.