Tag: "fcc"

Posted September 29, 2010 by christopher

On August 19, 2010, I was one of hundreds of people telling the Federal Communications Commission to do its job and regulate in the public interest. My comments focused on the benefits of publicly owned broadband networks and the need for the FCC to ensure states cannot preempt local governments from building networks.

My comments:

I’ll start with the obvious.

Private companies are self-interested. They act on behalf of their shareholders and they have a responsibility to put profits ahead of the public interest.

A recent post from the Economist magazine’s technology blog picks up from there:

WHY, exactly, does America have regulators? … Regulators, in theory, are more expert than politicians, and less passionate. …They are imperfect; but that we have any regulators at all is a testament … to the idea that companies left to their own devices don't always act in the best interests of the market.

They go on to say

If companies always agreed with regulators' rules, there would be no need for regulators. The very point of a regulator is to do things that companies don't like, out of concern for the welfare of the market or the consumer.

When we talk about broadband, there is a definite gap between what is best for communities and what is best for private companies. Next generation networks are expensive investments that take many years to break even.

With that preface, I challenge the FCC to start regulating in the public interest.

The FCC does not need a consensus from big companies on network neutrality. It needs to respect the consensus of Americans that do not want our access to the Internet to look like our access to cable television.

But while Network Neutrality is necessary, it is not sufficient. The entire issue of Network Neutrality arises out of the failed de-regulation approach of the past decade. Such policies have allowed a few private companies to dominate broadband access, giving communities neither a true choice in...

Read more
Posted September 8, 2010 by christopher

Confused about the inability of the Federal Communications Commission to regulate the massive telecom and broadband carriers? You are not alone. This article explains some of it quite well, but the ultimate lesson is that we would greatly prefer local ownership of networks that are accountable to our needs.

The FCC proves time and time again it cannot be trusted to regulate in the public interest. We need to ensure this infrastructure is operated for us, not distant corporate shareholders.

Posted August 18, 2010 by christopher

Update: You can watch a recording of the event here.

In anticipation of the FCC discussion on Thursday night in Minneapolis (details here), I have a short post up over at Tech.mn.

Although network neutrality can be easily distracted by partisanship, perhaps it is better viewed through the context of scale and long-term impact. Economically, for example, massive media conglomerates like Fox News, ABC and Disney (who can afford to pay ISPs to favor their content channels) could obtain crucial advantages over new and innovative startup ventures that lack both the cash and clout necessary to strike deals with ISPs.

Be sure to attend the FCC Hearing if you are able.

Photo used under Creative Commons license from AdamWillis.

Posted August 11, 2010 by christopher

If you can, come on out to influence public policy. The future of the Internet is indeed at stake - with massive corporations spending millions in a power grab for the future of the Internet. Take a few hours to show up and tell the FCC we want the Internet to be open to everyone. We'll be there to tell the FCC to ensure all communities have the right to build the network they need. Thursday, August 19 from 6-9PM at South High School. South High School 3131 19th Avenue South Minneapolis, MN 55407 More Information here

Posted August 10, 2010 by christopher

If companies always agreed with regulators' rules, there would be no need for regulators. The very point of a regulator is to do things that companies don't like, out of concern for the welfare of the market or the consumer.

Posted August 9, 2010 by christopher

A few thoughts on the Google-Verizon talks and behind closed doors FCC stakeholder meetings with industry...

First, neither the FCC nor Google is likely to defend the interests of the vast majority of us and the communities in which we live. Companies like Verizon don't dump millions in lobbyists and lawyers on a lark - they do it because that level of spending gets them access and action. Google, its don't-be-evil mantra notwithstanding, remains a company that looks out for its interests first.

And Google's interests may well be ensuring that its content is always in the "fast lane" despite their historic approach of pushing for an open internet where no business can simply pay to get get a higher level of service from an ISP.

This is not an "abandon all hope" post about network neutrality. The FCC has substantially changed course on this issue many times (largely due to massive public pressure - thank you to Free Press for organizing so many folks), so I still have hopes that it will enact regulations to preserve the open internet.

However, these regulations are certainly not the best approach. It is a messy approach to solving a problem that fundamentally comes down to the fact that network owners operate essential infrastructure in the private interest rather than the public interest.

We don't have to worry that national bakeries are going to be prioritized over local bakeries in access to the roads they need to make their deliveries. UPS, FedEx, and the US Post Office do not have to engage in separate agreements in every community over who gets to use the roads and what speeds they can travel on them. When it comes to roads, the rules apply to all like vehicles equally (which is to say that all big trucks are treated like big trucks and passenger cars are treated like passenger cars).

If I lived in Chattanooga, Monticello, Lafayette, Brigham City, Bristol (TN or VA), Wilson, perhaps soon Opelika, or dozens of other communities with publicly owned broadband networks, I would be watching this ongoing network neutrality fight with a rather bemused expression because my network is democratically accountable to the community and that offers far greater accountability than anything that will...

Read more
Posted June 21, 2010 by christopher

Though we certainly support the FCC's reclassification of broadband to ensure companies like Comcast do not interfere with the open Internet, we focus on policy at the community level. We fully support the efforts of organizations and people in DC to work at the federal level.

But for those who are utterly baffled at the questions being raised the the last 15 years of Internet policy, I strongly recommend a recent op-ed by Wally Bowen: "FCC needs to rethink broadband regulation."

The stakes are high. The Internet's explosive growth – and the spectacular innovation it spawned – were enabled by common-carrier rules that still govern the nation's dial-up telephone networks.

Before 2002, online users were at the center of the Internet and World Wide Web, free to choose among competing ISPs, and free to roam and innovate. With the removal of common-carrier rules, the cable and telephone companies occupied the center of a broadband-driven Web, free to pick winners and losers among innovators (e.g. AT&T's exclusive iPhone deal with Apple) – and free to dictate when and where broadband access will be deployed.

In short, the definitive battle for the future of the Internet is underway.

Posted April 29, 2010 by christopher

I was briefly checking out the Open Internet Workshop when I got into a short tweet-argument with someone I did not know. Bear with me as I recount the discussion then explain why I think it worth delving into for a post. This person caught my attention by tweeting, "Which means the Net is already open, right?"

I responded, "Yes Internet is open. Trying to keep it that way. Idea that net neutrality is 'new' is absurd."

Shortly thereafter, I got a response that fits a standard script: "Then how about proving actual harm first? Burden of proof to hand Net to govt is on you guys."

I responded, "Comcast, RCN, Cox block applications ... why must we wait for you to break the Net further to fix it?"

The final response was that the market forces will solve the problem and my "examples are outdated."

I later discovered that I was wasting time responding to someone from an astroturf think tank. Odds are that this person was simultaneously tweeting that cigarette smoking is not correlated with cancer and that burning coal actually cleans the air.

But this is a common argument from those who want to allow companies like Comcast and AT&T to tell users what sites they can visit and what applications they can use. Some "free market" advocate (who is actually defending firms with serious market power, the antithesis of a free market) says that no private network owner would violate network neutrality. Then, when presented with companies that have violated network neutrality, the response is invariably that those are "old" examples" or somehow not relevant.

To sum up:

Person A: No company would violate network neutrality.

Person B: What about Comcast, Cox, RCN, and the famous Madison River Communication?

Person A: Those don't count.

Aside from the absurdity, the larger problem is that we do not always know when companies are violating network neutrality. Comcast was violating network neutrality for at least a year before tech journalists successfully outed the practice. Over the course of that year, many subscribers called Comcast and asked why they were having problems with certain applications. Comcast lied to them and said the company was not interfering with them. When finally backed into a corner with incontrovertible evidence, it...

Read more
Posted April 28, 2010 by christopher

Thanks to Catharine Rice, who tipped me off to FCC Commissioner Mignon Clyburn's presentation at the SEATOA Conference yesterday. SEATOA is a regional group of states from the southeast of the US that are part of NATOA. Commissioner Clyburn noted that the FCC and the National Broadband Plan oppose state preemption of local broadband networks.

Thus, the Plan recommends that Congress clarify that State and local governments should not be restricted from building their own broadband networks. I firmly believe that we need to leverage every resource at our disposal to deploy broadband to all Americans. If local officials have decided that a publicly-owned broadband network is the best way to meet their citizens’ needs, then my view is to help make that happen.

One example of a town that took control of its own digital destiny – Bristol, Virginia saw additional jobs created in that area. And last month I heard Lafayette, Louisiana’s City-Parish President, describe the development of economic opportunities in his city, that were a direct result of the fiber network built by the community. Right here in North Carolina, I understand that Wilson and Salisbury are trying to invest in fiber optic systems, that they hope will transform their local economies.

When cities and local governments are prohibited from investing directly in their own broadband networks, citizens may be denied the opportunity to connect with their nation and improve their lives. As a result, local economies likely will suffer. But broadband is not simply about dollars and cents, it is about the educational, health, and social welfare of our communities. Preventing governments from investing in broadband, is counter –productive, and may impede the nation from accomplishing the Plan’s goal of providing broadband access to every American and every community anchor institution.

I can only hope that North Carolina's Legislature listen to this speech before they vote on preempting communities from building broadband networks. However, as documented at Stop the Cap, Time Warner and other telcos are able to talk pretty loudly with their campaign contributions.

...

Read more
Posted April 13, 2010 by christopher

A quick reaction to the court decision that the FCC cannot currently prevent Comcast from telling subscribers where they can and cannot go on the Internet: This is what happens when private companies own infrastructure.

Comcast owns the pipes so it makes the rules. The FCC, authorized to regulate "all interstate and foreign communication by wire or radio" by Congress, most assuredly is supposed to have the authority to ensure Internet Service Providers cannot arbitrarily block some websites to subscribers. Whether it really has the power or not is determined by courts - and the courts are massively swayed by the arguments of Comcast, related trade associations, and powerful organizations like the US Chamber of Commerce. So long as Comcast and other massive corporations own the infrastructure, they will make the rules. We can attempt to fiddle at the edges by responding via the FCC, or we can build public infrastructure (over which they can provide services without making the rules) and avoid this entire problem.

On this particular issue, though, I found the following bits helpful in understanding the decision and how it changes federal policy.

Cecilia Kang of the Washington Post posted a video interview with Ben Scott of Free Press that is well worth watching to understand what is at stake and what is not. For instance, the FCC is not proposing to regulate the Internet so much as the wires and transmissions that allow the Internet to run. As long as Comcast can decide what bits it wants to transport (as in, it will transport bits from CNN but not Fox News, for instance), the open Internet is at risk. Ben Scott also appeared on the excellent Diane Rehm show that asked Who Controls the Internet?

If you really want to get into the nuts and bolts of what the Court said, you never go wrong by starting with an analysis by Harold Feld, who notes (with more authority than I when yelling back at my radio at misinformed tech reporters) that lots of folks are talking about this decision (including a certain FCC Commissioner) without understanding what the ruling actually said.

The FCC does not require an additional grant of power from Congress to enforce network neutrality, as...

Read more

Pages

Subscribe to fcc