Tag: "regulation"

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...

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Posted July 31, 2009 by christopher

The American Recovery and Reinvestment Act of 2009 directed the Federal Communications Commission (FCC) to develop a national broadband strategy. FCC invited comments and then invited replies to those comments in summer 2009. The Free Press Reply Comments deserve to be singled out for revealing some of the lies of large telecommunications companies like Verizon, AT&T, Comcast, Qwest, and others. It also describes many of the ways that these companies harm the communities that are dependent on them for essential services. I've highlighted some passages below that show the ways in which these companies put profit above all else. These companies claim that regulation discourages investment and deregulation (allowing a higher degree of concentration or larger monopolies) encourages increased investment in better networks - an incredibly self-serving claim that Free Press shows to be false on pages 13-29.

Competition -- meaningful and real competition -- and not regulation is the primary driver behind investment decisions. Where meaningful competition exists, incumbents are compelled to innovate and invest in order to maintain marketshare and future growth. Where competition is lacking -- such as it is in our broadband duopoly -- incumbents will delay investment, knowing full well they can pad their profits on the backs of captured customers who have no viable alternatives. (Page 14)

Regulations like open access and non-discrimination encourage competition and should be strengthened. Free Press offers an in-depth explanation of how Verizon has dumped millions of customers on other companies that clearly could not handle the burden.

Verizon began the purging of less lucrative areas with the sale of Verizon Hawaii to the Carlyle Group in 2005, a company that had no previous experience in operating telecommunications services. By Dec. 2008, the company, now called Hawaii Telecom, had lost 21% of customers and filed for bankruptcy. (Page 26)

Verizon then sold most of their New England lines to Fairpoint, which is currently heading for bankruptcy. Fairpoint's customers are not the only ones suffering - the independent companies that resell services over that infrastructure are also suffering because Fairpoint is utterly unable to meet its obligations.

Most recently, Verizon announced that it intends to sell-off mostly rural areas in...

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Posted May 1, 2009 by christopher

The propaganda says Network Neutrality is about treating every packet exactly the same, but the Internet has never done that. The propaganda says that Network Neutrality is about regulating the Internet, but we know that the Internet exists thanks to the government's ArpaNet, and subsequent wise government regulation.

Look who's calling for regulation anyway! The only reason telcos and cablecos exist is that there's a whole body of franchises and tariffs and licenses and FCCs and PUCs keeping them in business.

Posted April 29, 2009 by christopher

Local governments do not favor themselves on taxes or right of ways or otherwise compete unfairly with incumbent telecommunications and incumbent cable companies. To the contrary, private incumbents enjoy a wealth of state and federal subsidies, guaranteed rates of return, regulated rates for pole attachments, etc. In addition, local telephone companies enjoyed years of regulated monopoly status to build positions of dominance they continue to enjoy. To pretend that these local incumbents, with their subsidies and regulated access, need to “level the playing field” to protect a “free market” against local government systems flies in the face of reality.

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