Category Archives: Communication

Google v. Verizon v. FCC + Lobbyists

lock.png Verizon is suing the FCC about the watered down rules the FCC passed recently. Now Google has filed a complaint with the FCC about that. And apparently Verizon has been having private meetings with FCC Chairman Kevin Martin. Could this be one source of the illegal leaks the GAO finds the FCC providing to lobbyists?
While Verizon’s court case proceeds through the legal system, the company’s competitors have grown unhappy with the way that Verizon has handled its FCC lobbying. Frontline Wireless has gone so far as to ask the FCC to bar Verizon from the auction because Verizon has allegedly not disclosed some of its lobbying contacts with the agency quickly enough or in enough detail.

Despite Verizon’s reticence to spell out exactly what it has been talking about with FCC Chairman Kevin Martin in private meetings, Google believes that it has pieced the conversation together. Google’s understanding is that Verizon wants the FCC to impose the open access requirements only on the network, not on the devices. That is, Verizon could still sell handsets that are locked and controlled by the company, but its network would have to be open to unlocked handsets from any operator.

According to Google’s new public statement on the issue, “From our perspective, this view ignores the realities of the U.S. wireless market, where some 95 percent of handsets are sold in retail stores run by the large carriers. More to the point, it is simply contrary to what the FCC’s new rules actually say.” Those rules focus on customer freedom to access content and applications from any device.

In a filing with the FCC, Google asks the agency to stick to its original plan. The company points out that while the open access rules might make the spectrum less attractive to Verizon (and thus might bring in less money at auction), the rules actually make it “more attractive, not less” to Google.

— Google attacks Verizon’s attempt to water down 700MHz “open access” rules, By Nate Anderson, ars technica, October 04, 2007 – 11:11AM CT

Silly Google! Verizon is part of the incumbent duopoly, and you’re not!

-jsq

FCC: Media Consolidation in November

coppshi_1.jpg Last year the FCC rushed through approval of the AT&T-Bellsouth merger at the last minute in December before the new Congress was convened in January. This year the rush is on reducing ownership of the majority of media in the U.S. from 50 owners to 5 in the past two decades wasn’t enough already.
The Federal Communications Commission is responding to critics’ complaints that the agency isn’t giving them enough time to examine the scientific studies prepared for the agency’s media ownership review.

The FCC’s Media Bureau today extended the deadline for comment by three weeks, citing the request of Free Press, Consumers Union and the Consumer Federation of America.

Nearing the end of its examination of media ownership rules, the FCC on July 31 released 10 studies of various issues of media consolidation and indicated they could help form the basis of any rule changes. The studies included examinations of the impact of consolidation on news content, opinion, advertising and programming and also looked at minority ownership trends.

FCC Extends Deadline for Comments on Media Ownership Studies, By Ira Teinowitz, TV Week, September 28, 2007

Various groups complained, so the FCC made an extension:
The FCC said comments that were to have been filed by Oct. 1 now may be filed through Oct. 22, with responses now due by Nov. 1.
That’s right: three more weeks to study an issue that will affect news, politics, government, and, well, basically everything for the indefinite future. Or, to be more specific, to study studies picked by the FCC.

Some observers are relatively confident of concessions, apparently not taking into account that some previous concessions have already fallen by the wayside: Continue reading →

Net Neutrality Won’t be Fixed by Anti-Trust: B. Cherry

CherryTPRC2007p13.gif At TPRC Sunday, Barbara Cherry walked through the evolution of bodies of law in the U.S., and made some fascinating observations, including:
  • Net neutrality is a manifestation of moving from a Title II industry-specific business legal regime under the Communications Act of 1934 to a Title II-based regime and greater reliance on a general business regime of antitrust and consumer protection laws, as the FCC did in August 2005 for wireline broadband access service to the Internet and in 2002 for cable modem access service.
  • Simply mMoving among traditional and deregulatory legal regimes for transportation carriers does did not strip common carriage status; it merely changesd the legal overlay that enforcesd it.
  • FCC stripping broadband of common carriage was a radical departure: nothing classified as common carrier has ever been declassified before.
  • Anti-trust doesn’t automatically cover problems from previously addressed in the Title II industry-specific regime when a business is moved to the Title II general business regime. Anti-trust needs modification to do this.
  • Liability is also different between regimes. Without tariffs some legal protections for limited liability constraints are gone, and common carriers are now potentially fully liable for damages. The final filed rate doctrine should have no applicability to a detariffed world.
The above is, I think, a reasonably close paraphrase of some of her points.

I infer from this that the economists and politicians and telco and cableco executives who say that we shouldn’t regulate because we don’t know what will happen and anti-trust will catch problems if they occur are not taking into account that anti-trust doesn’t automatically apply to or address problems in the new legal regime into which broadband has been thrust.

In other words, people see things in the context of what they know, and economists don’t usually know about legal evolution.

Telco and cableco executives, on the other hand, may well have business and political reasons for claiming there’s no need for regulation, whether or not they know that existing anti-trust law is inadequate. doesn’t apply.

You can’t have markets without some form of property rights of contract law. There is also basic legal infrastructure you need for communication infrastructure.

I see little or no understanding of these points in FCC, FTC, or Congress.

Prof. Cherry’s whole paper is well worth reading: Consumer Sovereignty: Redrawing the Boundaries Between Industry-Specific and General Business Legal Regimes for Telecommunications and Broadband Access Services, by Barbara A. Cherry, TPRC, 30 Sep 2007

-jsq

PS: Markup for increased accuracy kindly supplied by Prof. Cherry.

Benton, Universal Service, TPRC, Social Contract

bentonfoundation.png Many good papers on aspects of universal service at the Benton Universal Service Project:
As Congress and the FCC put universal service reform at the top of its telecom policy agenda, the Benton Foundation is supporting a series of papers advancing a new vision for Universal Service — for making broadband as universal as telephone service is today and a pathway for retaking the lead as a broadband leader. This project outlines the policy rationale, the pathway forward, and the 12 key steps for advancing universal broadband and modernizing the universal service program for the information age.
Many of the authors of the papers are on a panel this afternoon at TPRC, including topicssuch as
The social contract implicit in telephony universal service versus the social contract implicit in broadband universal service.
Hm, maybe Verizon could learn from that one?

-jsq

The Amazon Channel

packages.gif It’s all very well to talk about net neutrality or Internet freedom and how it affects 700Mhz spectrum sales or freedom of the press. But what does all this have to do with the average Internet user?

Suppose the telcos and cablecos get everything they want.

To buy a BBQ grill on eBay, you’ll have to pay for the eBay channel. This is above whatever you pay the seller for the grill or eBay for your membership. You’ll have to pay your local Internet access company just to let you get to eBay to participate in the auction. Oh, maybe you’ll be able to get there anyway, but your access may be so slow that you’ll pay for the eBay channel out of frustration.

If you want to buy a book from Amazon, you’ll have to pay for the Amazon channel. For search you’ll need the Yahoo channel or the ask.com channel or the google channel. Assuming your favorite search engine is even offered as a channel. Many smaller services probably won’t be.

Maybe it won’t be quite this bad. Continue reading →

Facebook as PicturePhone

Phone1.jpg Jeff Pulver has an interesting point that orty years later it’s an Internet company that delivers what a telco long ago promised:
During the past couple of weeks I have come to appreciate just how simple and easy it has become to send Video Messages to friends on Facebook. While the concept of a video phone dates back to the work of AT&T and their demonstrations at the 1964 World’s Fair, it has taken the advent of the Video application on Facebook and it’s general ease of use to get me to take the time and use it as part of my daily (Internet) life. While I have discovered how the Facebook video application can be used in various ways, my favorite is to send a personal video message to a friend.

— My Favorite Facebook Application: Video, Jeff Pulver, Jeff Pulver blog, August 27, 2007

While a telco did invent or at least publicize the videophone, forty years later it’s an Internet application that delivers something like it on a mass scale. And maybe one reason the Facebook version of it is popular is that it isn’t quite like what AT&T predicted: it isn’t interactive television. Experience indicates people don’t necessarily want to be seen live any old time regardless of their state of dress or coffee.

And more obviously, there’s no fancy equipment to buy, so the worldwide clientele is already there on the Internet. It’s the difference between distributed participation and being sold a centralized service.

-jsq

Duopoly Spies

Mike_McConnell.jpg Well, I had been waiting to post something about the telcos and domestic wiretapping until more news came out, since much of it was still hearsay. But now National Intelligence Director and former National Security Agency Director Mike McConnell has confirmed it:
Now the second part of the issue was under the president’s program, the terrorist surveillance program, the private sector had assisted us. Because if you’re going to get access you’ve got to have a partner and they were being sued. Now if you play out the suits at the value they’re claimed, it would bankrupt these companies. So my position was we have to provide liability protection to these private sector entities.

— Transcript: Debate on the foreign intelligence surveillance act, By Chris Roberts, ©El Paso Times, Article Launched: 08/22/2007 01:05:57 AM MDT

Ryan Singel points out in Wired’s Threat Level blog that this is even though the same McConnell signed a sworn declaration in April saying to reveal that NSA and Verizon had such a relationship “would cause exceptionally grave harm to the national security.” Continue reading →

Achille’s Dark Heel

raymond_kelly.jpg
Raymond Kelly

JohnArquilla2.jpg
John Arquilla

“The Internet is the new Afghanistan,” [New York police commissioner Raymond] Kelly said, as he released a New York Police Department (NYPD) report on the home-grown threat of attacks by Islamist extremists. “It is the de facto training ground. It’s an area of concern.”

The report found that the challenge for Western authorities was to identify, pre-empt and prevent home-grown threats, which was difficult because many of those who might undertake an attack often commit no crimes along the path to extremism.

The report identified the four stages to radicalization as pre-radicalization, self-identification, indoctrination, and jihadization, and said the Internet drove and enabled the process.

— Internet is “the new Afghanistan”: NY police commissioner, By Michelle Nichols and Edith Honan, Reuters, Wed Aug 15, 3:51 PM ET

Nevermind that this makes about as much sense as saying “the telephone is the new Afghanistan” or “talking is the new Afghanistan”. Of course the Internet enables that process! The Internet enables every communication process.

Let’s look beyond communication and information to what people think they know because of those things:

As the information age deepens, a globe–circling realm of the mind is being created — the “noosphere” that Pierre Teilhard de Chardin identified 80 years ago. This will increasingly affect the nature of grand strategy and diplomacy. Traditional realpolitik, which ultimately relies on hard (principally military) power, will give way to the rise of noöpolitik (or noöspolitik), which relies on soft (principally ideational) power. This paper reiterates the authors’ views as initially stated in 1999, then adds an update for inclusion in a forthcoming handbook on public diplomacy. One key finding is that non–state actors — unfortunately, especially Al Qaeda and its affiliates — are using the Internet and other new media to practice noöpolitik more effectively than are state actors, such as the U.S. government. Whose story wins — the essence of noöpolitik — is at stake in the worldwide war of ideas.

— The promise of noöpolitik, by David Ronfeldt and John Arquilla, First Monday, volume 12, number 8 (August 2007)

This sounds almost like what the NYPD is saying. Continue reading →

Malamud Court Gadfly

gadfly.jpg Carl Malamud is at it again. After getting patents and SEC filings and Congressional subcommittee hearings available online, now he’s going for court case law.
Last week, Mr. Malamud began using advanced computer scanning technology to copy decisions, which have been available only in law libraries or via subscription from the Thomson West unit of the Canadian publishing conglomerate Thomson, and LexisNexis, a division of Reed Elsevier, based in London.

The two companies control the bulk of the nearly $5 billion legal publishing market. (A third, but niche, player is the Commerce Clearing House division of Wolters Kluwer).

He has placed the first batch of 1,000 pages of court decisions from the 1880s online at the public.resource.org site. He obtained the documents from a used Thomson microfiche, he said.

— A Quest to Get More Court Rulings Online, and Free, By JOHN MARKOFF, New York Times, Published: August 20, 2007

Markoff refers to Malamud as a gadfly. Hey, Socrates was a gadfly, too. Not bad company.

Now what happens if the Internet first mile access duopoly decides to give Thomson and LexisNexis and Wolters Kluwer high-speed high-quality transit and deprioritizes the Internet Archive?

-jsq

Heck of a Job, Stickler

Story.jpg
Richard Sticker ((ABC 4 News))
What practical difference does it make when a president appoints political commissars as heads of departments and agencies, enforcing ideologicallines instead of doing their job?
Also coming to light, is the fact that Stickler’s nomination to head the mine administration was twice rejected by congress and rejected when republicans were still in charge. Rejected reportedly by senators who were concerned about Stickler’s safety record when he operated mines. After his nomination was twice rejected by the Senate, President Bush gave Richard Stickler the mine safety job with a recess appointment. That’s a presidential appointment made when congress is not in session.

Finally, congressional investigations and hearings are now expected to look at a key provision of federal mining law, one which requires the U.S. Government to be the main communicator when an accident occurs. ABC News now notes it took the mine safety administration two days to take public control of the Crandall Canyon Mine. ABC also adds, “Others were irate that [mine owner Bob] Murray was allowed to publicly predict success and contradict MSHA itself while agency officials quietly looked on.”

— Federal mine safety official’s credentials questioned, Chris Vanocur, ABC 4 News, Last Update: 8/20 2007 8:00 pm

Dead people in mines. Dead people in Hurricane Katrina. Postal rate hikes for small publications. Wireless spectrum handed over to a few big companies. And of course massive consolidation of first mile Internet ISPs in the hands of companies that aren’t delivering on their promises and that indulge in repeated political censorship while cooperating with the government in wiretapping.

The stakes going forward are even higher, including economic competitiveness, control of information, and political discourse and with it the survival of a political system.

At least the traditional media finally noticed the problem with the appointment of the Mine and Health Safety Administrator. Imagine if we had more proactive investigative media that might have actually noticed his appointment when it happened. And imagine if we had none, which is a very real possibility with continuing media consolidation and increasing control over the Internet by a very small number of companies.

-jsq