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Submitted by Scott Cleland on Mon, 2014-05-05 10:06
The FCC seems bent on overreaching their legal authority – yet again.
At the NCTA convention, Chairman Wheeler said: “I believe the FCC has the power – and I intend to exercise that power – to preempt state laws that ban competition from community broadband.” And in an FCC blog post, Chairman Wheeler also said this preemption of states on muni-broadband “is an issue that remains high on my agenda, and we will be announcing more on this topic shortly.”
FCC lawyers appear to think this is the time for more overreach of FCC authority because the legal outcome may be different than in the past.
Submitted by Scott Cleland on Fri, 2014-05-02 14:14
The net neutrality movement is positioning to influence the FCC, Congress, and candidates in the mid-term election cycle, to support their version of net neutrality -- i.e. FCC reclassification of broadband Internet service as a telephone common carrier service.
It is instructive to look back at what happened in the last mid-term election cycle -- in both the 2010 election, and in 2009-2010 Congress -- when the net neutrality movement last tried this.
The 2010 Election:
Submitted by Scott Cleland on Mon, 2014-04-28 09:01
The Internet has long had multiple speeds. And it constantly gets faster speeds via technological and commercial innovation, competition, and investment.
The Internet also has long met people’s diverse needs, wants and means for speed, with different technologies, pricing, and content delivery methods, and it will continue to do so.
Net neutrality activists’ latest rhetoric that opposes the FCC’s court-required update of its Open Internet rules, by implying that there haven’t been “slow and fast lanes” on the Internet before, is obviously factually wrong and misleading, both for consumers receiving content and for entities sending content.
Many in the media have fallen for this mass “fast lane” deception without thinking or questioning it.
First, isn’t it odd that those who routinely complain that the Internet is not fast enough oppose genuine FCC efforts to make the Internet faster?
Moreover, isn’t it ironic that the net neutrality activists -- who have long criticized the FCC for the U.S. falling behind in the world in broadband speeds, and long advocated for municipalities to create giga-bit fast lanes for some communities -- vehemently oppose FCC efforts to create “faster lane” Internet for those entities that need it and are willing to pay for it?
Submitted by Scott Cleland on Fri, 2014-04-25 10:43
Submitted by Scott Cleland on Tue, 2014-04-22 23:09
Please don’t miss my new Daily Caller op-ed: “The FCC Disincentive Auction.”
It’s Part 13 of my Spectrum Waste Fraud & Abuse Series.
Spectrum Waste Fraud & Abuse Series
Submitted by Scott Cleland on Tue, 2014-04-15 18:27
It appears the FCC may be betting again that it is smarter than everyone else in the marketplace. Time will tell.
From the various reports of briefings about the FCC’s planned rules for the 600 MHz incentive auction, two things appear clear. First, the FCC doesn’t trust market forces. And second, the FCC doesn’t want the highest bidders to win the spectrum.
Apparently, the FCC is trying to produce something for everyone in this now circus-like auction process – a proverbial, dazzling three-ring-circus of political compromises that catch and keep different people’s attention.
At core, the FCC reportedly is adding a third ring to the already-complex, unprecedented, two-ring circus of the incentive auction. The first ring is the incentive reverse auction of broadcasters bidding for what they must earn in order to sell their spectrum, and the second ring is what wireless companies will then pay to own the broadcasters’ spectrum.
The FCC wants to add a third ring to this growing auction spectacle. Reportedly the FCC is going to effectively create yet a third auction process that would commence when certain, not-yet-known auction revenue targets are met in the auction. Below those FCC-determined-revenue-targets anyone can bid. Above those targets, the largest potential bidders’ opportunities to bid further would be dramatically restricted.
Submitted by Scott Cleland on Tue, 2014-04-08 17:14
Please don’t miss my new Daily Caller op-ed: “Online Video Competition’s Tipping Point Has Tipped.”
It pulls together how regulatory developments, much faster wireless networks, and several new entrants with deep pockets are converging to create a tipping point for over-the-top, online video competition.
It is Part 25 of my Broadband Internet Pricing Freedom series.
Broadband Internet Pricing Freedom Series
Part 1: Netflix' Glass House Temper Tantrum Over Broadband Usage Fees [7-26-11]
Submitted by Scott Cleland on Mon, 2014-04-07 15:43
Please don’t miss my latest Daily Caller op-ed: “Diverging US-EU Internet Trade Visions.”
It spotlights that starkly diverging US-EU net neutrality and data protection policies complicate negotiations for the nascent and pending Transatlantic Trade and Investment Partnership (T-TIP) trade agreement.
This is Part 6 of my “World Changing the Internet” research series.
World Changing Internet Series
Submitted by Scott Cleland on Thu, 2014-04-03 16:01
Please don’t miss my new white paper that I will present Friday at a NetCompetition Capitol Hill event with the following well-known experts responding: Gene Kimmelman of Public Knowledge; Jeff Eisenach of the American Enterprise Institute; Mark Cooper of the Consumer Federation of America; and Hal Singer of the Progressive Policy Institute. (Event details are below for anyone who wishes to attend.)
The white paper -- “Thinking and Starting Anew: Modernizing Communications Law for American Consumers” -- has a simple but critically important premise: that consumers and not technology should be the organizing principle of any update of the Communications Act.
I believe you will find the two contrasting graphics particularly helpful:
Submitted by Scott Cleland on Fri, 2014-03-21 12:25
Billionaire Netflix CEO Reed Hastings objects to Netflix having to pay anything at all for Netflix’ gorging on 30% of the Internet’s North American bandwidth. In a Netflix corporate blogpost billionaire Reed Hastings rails against the perceived injustice of Netflix paying Internet usage-based pricing like consumers do.
At core, Mr. Hastings now derides traditional consumer-defined net neutrality, which ensures consumers the freedom to access the legal content of their choice – as “weak” net neutrality.
Meanwhile, he is attempting to rebrand his new self-serving, corporate-defined net neutrality, which ensures the largest corporate users of the Internet pay nothing for their largest usage of interconnection bandwidth -- as “strong” net neutrality.
Mr. Hastings’ position clearly prioritizes corporate welfare above consumer welfare.