You are here


The FCC’s Abjectly Illegitimate Premise for More Cable Regulation

There are troubling signals that the FCC is gearing up to further increase regulation of cable -- on top of the extra-legal new utility regulation the FCC already did in its 2015 Open Internet Order. 

What is profoundly troubling is the abject illegitimacy of their premise for more regulation of cable, i.e. the FCC’s new arbitrary and capricious definition of broadband that illegitimately redefined long-recognized, strong broadband competition -- out of existence with the stroke of a pen.

So what are the signals of more cable regulation? Two speeches from the FCC Chairman, one from the FCC General Counsel, another from the DOJ Antitrust Chief, a variety of Hill and edge-industry entreaties to regulate cable more via new MVPD or ALLVID regulatory proceedings, (but of course without regulating favored edge providers), and an explosion of new opposition to the proposed Charter-Time-Warner merger (by the exact same cast of characters whose opposition doomed the Comcast-Time-Warner merger).

This broad simultaneous level of focused regulatory chatter and organized activity is not coincidental, but highly-orchestrated and abjectly illegitimate.

Why is more cable regulation abjectly illegitimate?   

Why the FCC Approach to Special Access Regulation Is All Wrong

The FCC’s approach to special access is all wrong because they should be doing the exact opposite of what they are doing. The FCC should be price de-regulating special access, not signaling increased micro-regulation of special access rate terms and conditions.

Like an ostrich, the FCC has its head hidden in the sand on its approach to special access regulation, hoping that no one notices that the rest of its body is fully exposed.   

If the FCC can convince everyone to join them and put their heads in the sand too, and to look at special access regulation in the dark of self-defined isolation, and ignore the broader context of the competitive U.S. communications sector visible all around them, the FCC has a reasonable chance of sounding reasonable.

However, if anyone has their head out of the FCC’s regulatory sandpit and looks around for a moment at special access regulation in the broader context of the real world, more special access regulation looks ridiculous, just like the exposed back-end of an ostrich does when it hides its head in the sand.  

Will Government Spectrum Permissions Throttle 4G Evolution to 5G Wireless?

To try to justify mandating Title II utility regulation of broadband and the blocking of the Comcast-Time Warner acquisition, the Administration and FCC had to gerrymander broadband definitions to reach their political goal that wireless broadband service not be considered an official competitor to wireline broadband service.

Never mind the obvious: that the nearly three quarters of Americans who use a smartphone know  that one can functionally do most everything one wants on a mobile smartphone/tablet/laptop that one can do on a wireline connection. Also never mind: tens of millions of Americans who use only wireless broadband for all their Internet needs.   

To try to justify preempting State limitations of gigabit muni-broadband build-outs and its cheerleading for Government Owned Networks (GON) to politically and economically devalue commercial broadband competition, the government had to ensure that the wireless industry could not create four more very-high-speed competitors to wireline cable and telco broadband providers.

It did so by unilaterally changing Federal spectrum policy to starve and limit the amount of licensed and unlicensed spectrum available to wireless users long-term, because for smartphone users -- spectrum is speed. Limit spectrum, limit speed, to maintain the charade that wireless broadband does not compete with wireline broadband.

Top Ten Questions about FTC-Google-Android Antitrust Probe

The U.S. FTC has opened an antitrust probe of Google’s Android mobile operating system per Bloomberg reporting to investigate allegations that Google has anti-competitively limited competitive services on the Google-Android platform and extended its market power by favoring Google services over competitors’.

Top Ten Questions Raised by FTC’s Google-Android Probe     

Municipalities: Broadband Is Not a ‘Core Utility’

It is timely to fact check the Federal Government’s storyline that broadband is a ‘core utility,’ given a new White House report that directs municipalities that broadband is a “core utility… like water, sewer and electricity;” and given that a senior FCC official recently encouraged local municipalities at the NATOA conference to build their own local broadband infrastructure with the FCC’s backing now that the FCC has claimed the legal authority to preempt State laws limiting municipal broadband.    

Unlicensed Spectrum Needs No New FCC Regulation

Everyone should have the freedom to innovate and compete in America, the land of opportunity.

There should be no innovation or competition double standard where government politically picks winners and losers by rigging competition via denying some companies the freedom to innovate and compete spectrally while granting it to their competitors.

With radio spectrum, America has created different but symbiotic spectrum models. One is licensed spectrum where spectrum for exclusive use is auctioned to the highest bidder. The other is unlicensed spectrum where anyone is free to share the same spectrum if they play nice and do not interfere with other spectrum sharers’ use. These models have never been either/or; they have always been free and open to use separately or together to maximize innovative, commercial, and competitive opportunity.    

For Smartphone Users, Spectrum Is Speed -- My Daily Caller Op-ed

Please don't miss my latest Daily Caller op-ed -- "For Smartphone Users, Spectrum is Speed."

  • It spotlights how the Administration/FCC strong bias for wireline Internet over wireless Internet conflicts with what consumers want.


Three Big FCC Title II Privacy Questions – My Multichannel News Op-ed

Below is my op-ed “Privacy’s Big Three” on the FCC’s pending interpretation of its newly asserted Title II section 222 privacy authority. It is a side-bar in this week’s Multichannel News cover story “Who’s Watching Whom?” Click here for the full Multichannel article.

This succinct op-ed spotlights the three biggest privacy questions the FCC must grapple with here:

  1. Any privacy protection predictability?
  2. Any competitive privacy policy parity?
  3. An FCC Do Not Track List?    


Privacy’s Big Three

Google’s Antitrust Hardball Plans for the EU?

Apparently Google is preparing to play political hardball in opposing: the EU’s antitrust Statement of Objections against Google for abusing its 90% dominance of search by anti-competitively favoring Google Shopping over competitive shopping services; and its new antitrust investigation of Google’s Android operating system for anti-competitive tying and bundling of Google services.   

ObamaNet vs EuroNet -- “Competing” Protectionist Industrial Policies

The US-EU “competition” of protectionist digital industrial policies -- U.S. Title II net neutrality vs. the EU’s emerging “platform neutrality” plans -- creates an ironic backdrop to negotiations for the US-EU Transatlantic Trade and Investment Partnership (TTIP) “free” trade agreement. Heightening the irony, the Obama Administration, not the European Commission, has been the protectionist digital industrial policy leader, trailblazing the political path for the EU’s Single Digital Market to follow.  

At least on the digital markets front, TTIP will be much less a commercial “free” trade negotiation and much more a political “fair” trade negotiation.    

The U.S. has long set the tone and trajectory for this digital “fair” trade dynamic in championing net neutrality to protect its Silicon Valley national champions, Google, Facebook, Amazon, Apple, Netflix, etc., and by skewing antitrust enforcement to benefit Google and Silicon Valley.


Q&A One Pager Debunking Net Neutrality Myths