About Scott Cleland
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You are hereRegulationWhy FCC faces such skepticism on Title II assurancesSubmitted by Scott Cleland on Fri, 2010-05-14 13:55There are many valid reasons why industry is highly skeptical of the FCC's many rhetorical assurances that nothing bad will happen from the FCC's planned regulation of broadband for the first time as a Title II common carrier service. First, in response to the Comcast court decision, the FCC is hastily gambling away the benefits of broadband's proven "solid business foundation," in its longshot bet to win back an unproven "solid legal foundation" for the FCC.
Second, the assertion that there has never been an instance of FCC "un-forbearance," is no assurance, because the FCC has never before reversed an entire sector's regulatory status before either. FCC's Achilles Heel on Broadband Third Way ApproachSubmitted by Scott Cleland on Tue, 2010-05-11 15:28The Achilles heel of the FCC's announced "Third Way Legal Approach" for regulating the Internet is that it is simply not credible. Incredible claim #1: The third way "does not involve regulating the Internet." FCC Understating Systemic Risks of "Third Way" -- Why It's a Disaster Waiting to HappenSubmitted by Scott Cleland on Fri, 2010-05-07 12:13The FCC is vastly understating the systemic risk involved in the FCC's radical "third way" regulatory surgery to the Internet, the communications sector and the economy.
I. Why this "third way" is a disaster waiting to happen: The best way to understand what is going on here is to think of the Internet as a brain and the FCC's "third way" proposal as brain surgery to fundamentally rewire how the Internet brain operates at its most basic level. Title II is no "solid legal foundation" for broadbandSubmitted by Scott Cleland on Wed, 2010-04-28 19:08A common tactic of net neutrality proponents is to assert their desired outcome repeatedly in hopes that it becomes conventional wisdom. Now the Open Internet Coalition asserts that Title II for broadband would be a "solid legal foundation" for the FCC, while FreePress asserts broadband Title II would provide the FCC a "sounder legal basis" for its broadband agenda.
Surely the FCC understands that the courts ultimately will decide if any legal analysis defending Title II broadband is solid/sound, especially given:
In the Open Internet reply comments, there are many substantive legal analyses strongly indicating that any FCC decision deeming broadband to be Title II would not be on a solid/sound legal foundation. For just three of the most notable analyses see: Top Economists tell FCC economic evidence shows no market failure or need for net neutrality regsSubmitted by Scott Cleland on Mon, 2010-04-12 13:19A wide swath of top communications economists have written to the FCC that they do not believe the economic evidence warrants the FCC's proposed preemptive Open Internet regulations, and that the best approach to address the FCC's potential concerns is a case by case approach.
FCC deeming broadband to be regulated opens a Pandora's BoxSubmitted by Scott Cleland on Fri, 2010-04-09 11:38Proponents of the FCC asserting new "deeming authority," to "deem" broadband to be a regulated phone service and thus subject to the FCC's existing Title II telephone authority, have not even begun to answer the most fundamental questions of what such a foundational change would mean.
Impact of court vacating Comcast net neutrality order -- NetCompetition.org's press releaseSubmitted by Scott Cleland on Tue, 2010-04-06 14:48
FOR IMMEDIATE RELEASE April 6, 2010 Contact: Scott Cleland 703-217-2407
NetCompetition Comments on Impact of D.C. Circuit Vacating FCC Comcast Order Press Release on new FCC "de-competition policy" -- NetCompetition's FCC NPRM Reply CommentsSubmitted by Scott Cleland on Mon, 2010-04-05 16:29FOR IMMEDIATE RELEASE April 5, 2010 Contact: Scott Cleland 703-217-2407
NetCompetition.org Submits Reply Comments on FCC Open Internet NPRM
“A new FCC de-competition policy could take away competition’s benefits from Internet users”
WASHINGTON – NetCompetition.org Chairman Scott Cleland submitted reply comments to the FCC’s proposed Open Internet NPRM.
Harms of a Potential New FCC De-Competition Policy -- Reply comments to FCC Open Internet NPRMSubmitted by Scott Cleland on Mon, 2010-04-05 10:58The FCC's proposed Open Internet Regulations and/or the oft-rumored potential re-classification of broadband as a Title II telephone service effectively would create a new FCC "de-competition policy." (For the one-page PDF submitted to the FCC click here)
A new FCC "de-competition policy" would: Why is New America's wireless research so terrible?Submitted by Scott Cleland on Wed, 2010-03-31 19:43The New America Foundation and Slate Magazine is presenting a forum on Friday April 2nd in D.C. entitled: "Why your cell phone is so terrible" featuring: Pages |