Questions for NYT Editorialist on "Access and the Internet"

The latest of four New York Times editorials reiterating its support of net neutrality legislation or FCC rules, "Access and the Internet," raises some simple questions.

First, are the examples in the editorial the best the New York Times can come up with to justify a major legislative overhaul to solve a potential problem that can't even be defined or documented?

Google Book Settlement "absolutely silent on user privacy" -- Part XIV -- Privacy vs Publicacy Series

"The settlement as it exists now is absolutely silent on user privacy" said Angela Maycock of the American Library Association at a Google Book Settlement panel per the San Francisco Chronicle.

  • This should not be surprising because privacy is simply the flip side of the anti-competitive concerns surrounding the Book Settlement.

I posit that privacy protections were not included in the Book Settlement for two big reasons -- the first reason is more privacy related and the second reason is more competition related. 

First, Google is a big adherent of the Web 2.0 movement that believes that transparency is a more important value than privacy.

Top Ten Pitfalls of Wireless Innovation Regulation

Analysis of the potential pitfalls of wireless innovation regulation is a necessary complement to the FCC's upcoming Notice of Inquiries into wireless competition/innovation and the DOJ's review of wireless competition, in order to ensure policymakers get a balanced view of the big picture.  

What are the Top 10 Pitfalls of Wireless Innovation Regulation? 

#1 Pitfall: Losing focus on universal broadband access.

"Wireless innovation" appears to be the latest rebranding iteration of "net neutrality" and "open Internet" as the net neutrality movement searches for more mainstream support of their views. 

Ou has a must read post on usage caps 101

I love to learn and I learned a lot of new information and insights from George Ou's great new post on understanding how usage caps really affect broadband throughput.

  • It is a must read for anyone that considers themselves knowledgeable about broadband.
  • Some of it is counter-intuitive, but all of it is illuminating if you are interested in how broadband speeds and their relative usage limits affect international broadband comparisons. 

I certainly hope fellow broadband experts at the FCC, NTIA, RUS, OSTP and on the Hill are reading George, and this post in particular, because George's insightful and illuminating analysis can help take the National Broadband Plan analysis to another more substantive level of understanding.  

 

 

 

Is Google's Book Search the Chicken or the Egg?

Google's latest defense of its Book Settlement in Europe has provided an illuminating window into Google's own cultural-self-awareness of Google's dominant market power over books/content.

In August 23 New York Times:

  • We believe that we are helping the industry tremendously by creating a way for authors and publishers to be found,” said Santiago de la Mora, Google’s head of printing partnerships in London.

  • Search is critical. If you are not found, the rest cannot follow."

The strong implication from Google here is that authors were in proverbial "nowheres-ville" before Google "discovered," copied and indexed them -- proving that Google is the real value creator here... not the author of the content/book.

  • Google is candidly acknowledging its unique and dominant market power over books because Google is the only entity in the world with the resources, the business model, the low opinion of the value of content on the Internet (it should be "free"), and the legal strategy to illegally copy literally millions of copyrighted books without permission.

What is more valuable the content or the search?

Why Broadband is Not a Public Utility

The data and evidence show that broadband is not a public utility warranting economic regulation of prices, terms and conditions; this is contrary to the assertions of net neutrality proponents: the Markey-Eshoo Bill, FreePress, the Open Internet Coalition, and Google's Internet Evangelist Vint Cerf, among others.

Why is broadband not a public utility? 

First, it is a competitive service, not a natural monopoly service.

A public utility presumes "natural monopoly" economics where economies of scale and scope preclude the possibility of competitive facilities/services. 

  • The roughly $200b in private risk capital invested in financially-successful U.S. competitive broadband facilities over the last several years is incontrovertible evidence that broadband does not enjoy natural monopoly economics.

Second, users have choice of access providers.

Some Questions for FreePress on "Astro-Turfing"

FreePress launched another effort to discredit my views and those of others in a new "Unmasking Astroturf" campaign where they called me the "Astro-turfer-in-chief."

I have some questions for FreePress on "astro-turfing." 

1.  How is it "Astro-turfing" when I am fully disclosed and routinely communicate NetCompetition.org is a pro-competition e-forum funded by broadband interests

It is not news that I work for company interests or that I philosophically believe, like broadband companies do, that competition is better for consumers and the economy than government regulation.

FreePress' Blame-Shifting on the Broadband Stimulus

Apparently FreePress is concerned that they may have over-reached and may have contributed to a less-than-helpful lose-lose dynamic in pushing so hard for counter-productive net neutrality regulations to be part of the guidelines for the $7.2b broadband economic stimulus grants.

FreePress is pushing their friends in media, to characterize the competitive broadband providers as bad guys for not volunteering to be subject to the new regulations/restrictions pushed by FreePress et al.

Broadband carriers have been very supportive and responsible participants in the congressional and executive processes to try and promote universal broadband access to all Americans soonest.

  • Unlike the FreePress line, broadband providers did not proactively say they would not participate in this round of the broadband stimulus grants, they simply answered questions from some in the media that were pushed by FreePress to ask.

It seems the leading goal of promoting universal access for all Americans would benefit from FreePress expending more effort to promote universal broadband access and less on pushing their unnecessary and counter-productive net neutrality agenda that naturally undermines the financial and operational efforts to bring broadband to all Americans soonest.  

 

 

 

 

Mr. Kessler's Datatopian Assumptions

I was surprised that the Wall Street Journal editorial page printed Andy Kessler's datatopian rant today, which essentially calls for the Federal Government to economically regulate the competitive broadband Internet as a monopoly and move away from a market-driven property rights model for mobile Internet infrastructure.

After one reads Mr. Kessler's compilation of datatopian platitutudes and selective analysis, please consider the litany of datatopian assumptions (below), which undergird Mr. Kessler's regulatory recommendations. 

  • Mr. Kessler's: "Why AT&T Killed Google Voice: Telecom operators are yesterday's business. It's time for a national data policy that encourages innovation."

Mr. Kessler's Datatopian Assumptions:

First, assume a broadband pipe(s).

Second, assume broadband/Internet works, always.

Third, assume all the billions of daily Internet transmissions just happen -- perfectly.

Fourth, assume everyone can always use as much bandwidth as they want.

Fifth, assume its all free.

Sixth, assume broadband doesn't need return on investment.

Kudos to an Insightful Post on Innovation/Internet's Evolution

Kudos to Link Hoewing's insightful post on "The Internet's Evolution and Network Management" on Verizon's Policy Blog.  

  • Its an important analysis and perspective for anyone wanting to understand how FCC regulation of the Internet and network management could negatively and seriously harm innovation and the Internet's natural evolution.