Netflix

The unprecedented release of a FCC draft staff analysis opposing the the proposed AT&T/T-Mobile transaction could backfire legally, undermining its intent to backstop the DOJ's pending lawsuit against the merger.

See my Forbes Tech Capitalist post here on the "Top Ten Flaws in the FCC's AT&T/T-Mobile Competition Analysis."

As the Senate prepares to vote on the fate of the FCC's net neutrality regulations this week, it's instructive to look more closely at the politics of regulating the Internet.

Read my Forbes Tech Capitalist post here.

Netflix has self-torpedoed themselves a third time in just the last three months.

See my Forbes Tech Capitalist post here to learn how.

For those seeking to better understand how communications competition has evolved, expanded, and accelerated to cloud communications competition, don't miss my new six-chart powerpoint presentation: "The Metamorphosis of Communications Competition," here.

My bottom line conclusion: The transformation of communications competition requires a transformation in communications law.

• Specifically, the world has changed with technology, but obsolete technology-specific laws have not.
• Communications policy obsolescence undermines infrastructure's utility and value and renders property less attractive and competitive.

I presented this new easy-to-understand framework for understanding exploding communications competition at a NetCompetition event today on Capitol Hill, which also featured excellent presentations by Jeff Eisenach, Managing Director of Navigant Economics, and Ev Ehrlich, President of ESC Company.

Netflix own actions have established the company as "Netflix the Unpredictable."

• See my Forbes Tech Capitalist post "Netflix the Unpredictable" here.

Since the D.C. Circuit Court of Appeals was selected to hear appeals of the FCC's Open Internet Order -- it is now even more likely that the FCC's net neutrality regulations will be overturned in court as unlawful and/or unconstitutional.

• Regardless of which Appeals Court heard this case, Verizon was highly likely to win in its appeal against the FCC rules on the merits.
• Now Verizon's chances increase further given that the most knowledgeable, expert, and experienced Circuit Court of Appeals is hearing this case.
  • (See analysis here for why the FCC is highly likely to lose this case.)

The D.C. Circuit is the Appeals Court that traditionally hears cases involving independent regulatory agencies like the FCC, so the D.C. Circuit Judges are very familiar with both the limits of the FCC's statutory authority and the FCC's proven penchant for trying to overreach their statutory authority.

In a nutshell, the FCC's legal case stands on two very slippery assumptions.

See my Forbes Tech Capitalist post here "Why Verizon Wins Appeal of FCC's Net Regs."

• It analyzes why the FCC's net neutrality regulations will offend the Court of Appeals and why they are highly likely to be overturned.
• This is one of the most poorly defended FCC decisions I have reviewed in my twenty years following the FCC.

See my Forbes Tech Capitalist post on net neutrality here, entitled: Why FCC Net Neutrality Regs Are so Vulnerable.

See my Forbes post: "Netflix Crushes Its Own Momentum" here.

• "...Netflix has crushed its own growth stock momentum -- and it won’t be coming back – that pixie dust is gone forever. Netflix will never be the same...."

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.

A new FCC study that shows ISPs are effectively delivering on the broadband speeds they advertise, exposes FreePress for crying wolf -- yet again.

• FreePress has to acknowledge Verizon's FIOs far exceeds advertised speeds, Comcast and Charter exceed advertised speeds, and other ISPs are more than close enough to advertised speeds to show that there is not a problem here for the FCC to be concerned about.

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.