An insider’s view of the media hegemony

Web dead? Some Reactions To Chris Anderson’s Wired Piece

A lot of folks have reacted to Chris Anderson’s deliberately provocative piece in Wired: “The Web Is Dead, Long Live the Internet.” I have two chief reactions. One is a methodological one — Anderson gives no justification for reliance on percentage of total Internet traffic as being a measure of anything in particular from which we might draw conclusions. I am hardly the first to note, for example, that according to Anderson’s chart, DNS traffic ceased to matter by the mid-1990s, a conclusion dramatically contradicted by actual reality.

But my chief criticism is substantive. Anderson — perhaps unintentionally — does an excellent job recapitulating Karl Marx’s original Socialist critique of capitalism, i.e., that it will invariably reduce to a monopoly or cartel structure exacting monopoly rents (although he leaves off the part about it eventually collapsing under its own inefficiency, the workers seizing the means of production, yadda yadda yadda). But his conclusion is that such is human nature and we ought to just suck it up as long as we keep getting cool stuff. (Aps are the opiates of the technorati masses, apparently).

But there is a reason I am not a socialist (despite claims of some critics to the contrary) and instead brand myself as a member of the Congregation of the Progressive Capitalists.  Anderson notes that “Monopolies are actually even more likely in highly networked markets like the online world. The dark side of network effects is that rich nodes get richer.” But he overlooks the ability of public policy to prevent that from happening. Anderson appears ignorant of the role of such things as the FCC’s Carterfone decision and subsequent rulemaking, or the role of the Computer Inquiries in creating the conditions for the growth and development of the Internet and the applications that ride on it, including the Web.

Accordingly, if we ignore the methodological problems and accept the underlying economic argument, the solution is not to develop ill-suited analogies based on the happenstance that we can somehow define “the Internet” as “post-adolescent” to somehow rationalize our loss of freedom. To the contrary, if we are really seeing the decline of the Web and the rise of the App, we have a policy choice to make. We can do nothing, and follow Anderson’s inevitable slide from the open world of the Web to the closed world of the Ap. Or we can do what we did to the wireline world 40 years ago in the FCC’s Carterfone and Computer proceedings and wedge the system open.

Put another way, we can still save the vibrant free market on the web through a little proactive regulation, rather than accept Anderson’s “inevitable” collapse.

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Also posted in Series of Tubes | Leave a comment

What Dems Have To Lose If Genachowski Embraces The Latest “Net Neutrality Consensus.”

I occasionally suspect my colleagues in the Public Interest community lack a sense of humor — although perhaps it is simply that I am in a more relaxed frame of mind after my annual vacation from the 21st Century. I am neither surprised nor outraged at the recent news that members of the Information Technology Industry Council (ITIC) are picking up where the FCC “secret meetings” left off and trying to come up with a net neutrality consensus framework. To me, it seems rather sad and funny. My only surprise is that even in Washington, the notion of an industry trade association working with its members is anything unusual or significant. I mean, that’s what industry trade associations do after all.

The sad thing is that, given the utter genius the Obama Administration has shown for pissing off the Democratic base through constant waivering, there is every reason to believe that the FCC might be tempted to view what comes out of this “industry consensus process” as something it can embrace to its bosom. This would be a disaster not merely for Genachowski and what remains of his reputation, but for Congressional Democrats as well. If there is one unequivocal lesson that came out of the Goog-VZ debacle last week, it is that the Netroots care deeply about this issue. While I get that the DC establishment considers the Netroots something of an embarrassment (or, as Rahm Emmanuel famously opined, “bleeping retarded”), Congressional Democrats understand that unless the Netroots (a) keep giving money, and (b) turn out and vote, they are toast — as evidenced by Alan Grayson’s abrupt about face from his previous “let Congress handle it in our own sweet time” to “Congress and the FCC must step up now.

More below . . . .
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Some Quick Updates Goog-VZ Reaction Craters Industry Talks, BTOP Recision of $300 Million Back Again.

Well this was a fun week.

First, it turns out that the public — when actually confronted with the prospect of two giant companies dividing the internet between them — is less than thrilled with the prospect of watching the market work its magic. Bet Alan Grayson is sorry he sold out now.

If Mr. Grayson would like to show his support for real Net Neutrality, how about his co-sponsoring the Markey-Eshoo Bill? He (and all the other Dems who profess their undying love of Net Neutrality) could show they really mean it by actually co-sponsoring a bill with strong, enforceable, net neutrality conditions.

On the downside, the Senate stripped out $300 million from BTOP again. This time, it does not look like there can be an over-ride. Because when you are Democrats, if you have a stimulus program that’s actually working to create jobs and infrastructure for the future, the thing to do is gradually dismantle it to appease Republicans. _sigh_

Stay tuned . . .

Posted in Tales of the Sausage Factory | 1 Comment

Genachowski’s Fast Fading Star — And How He Can Still Salvage His Term As Chairman.

There’s a phrase I hear a lot these days. Sometimes I hear it from angry folks, muttering under their breath. Some say it sheepishly, with a trace of embarrassment to find themselves saying it. Some pass it off as a joke. The phrase?

I never thought I’d miss Kevin Martin, but . . . .

No one can doubt that Julius Genachowski has emerged as the absolute opposite of Kevin Martin. Unfortunately, this includes a stunning inability to make decisions, combined with an ability to generate his own political opposition by dithering. This does not simply apply to the current fight over FCC broadband authority. It applies to everything, including what was supposed to be his big signature issue from the National Broadband Plan — getting 500 MHz of spectrum available for broadband.  A perusal of the last year of FCC orders and Commission meetings shows a non-stop stream of reports, studies, and proposed rulemakings. The only actual orders involve things so non-controversial and trivial that they hardly constitute tweaks. It does not help that Genachowski manages to give every impression that while he enjoys jetting about to industry conferences and rubbing elbows with the media elite, he does not appear very interested in actually doing the work of Chairman.

As if to underscore this point, the Agenda for the FCC’s August 5 meeting has only two items: Amendments to the FCC’s hearing aid rules and a proposed rulemaking and NOI on wireless backhaul. While certainly useful items, the FCC could easily have handled these on circulation. Meanwhile, critical elements of the Chairman’s agenda, such as auction of the D Block, final rules for the broadcast white spaces, incentive auctions for broadcast television licenses, special access reform — in short, anything that matters enough to get anyone mad if they lose — languishes. David Hatch portrayed this in a recent National Journal article (sorry, sub required), David Hatch described Genachowski as under attack from Congress. But the sad truth is that Genachowski creates his own opposition by his stunning refusal to actually make decisions and lead. This gives opponents time to organize, frustrates and exhausts supporters, and undermines support for Genachowski’s initiatives. (Why put yourself out for someone who isn’t ever going to actually take action?)

As I said at SuperNova 10, I don’t say this to be mean or simply to vent. To the contrary, I believe Genachowski can still act quickly and decisively to achieve important things and rescue his reputation and legacy.  Below, I outline three recent examples — broadcast white spaces, D Block, and general broadband authority — where Genachowsi’s failure to seize initiative and show leadership has resulted in generating his own opposition and diluting his support. I then recommend some general steps Genachowski can take to restore his fading star and rescue his agenda. In the end, however, it is up to Genachowski.  He can keep trying to be liked, avoiding anything that might piss someone off, and live the rest of his term in a Chairman-bubble carefully insulated from criticism. Or he can grit his teeth, decide on what fights — win or lose — are worth doing, and start doing the hard work of making real decisions.

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Also posted in Life In The Sausage Factory | 17 Comments

Update: House Drops Broadband Stimulus Cuts

A quick update on my post at the beginning of the month on the effort to rescind $600 million in broadband funding.  The House voted to preserve the current broadband stimulus funding levels.

Stay tuned.

Also posted in The Stimulus Package (ARRA) | Leave a comment

Why We Care About Broadband Policy, Not Competititon.

I’m back from my week of travels, where lousy broadband connectivity prevented me from blogging my trip to the NARUC Summer Conference and trip to Netroots Nation. Hopefully, I will get to fill in some of the blanks. NARUC (the National Association of Regulatory Utility Commissioners) passed some good Telecom resolutions supporting the FCC’s reclassification of broadband back into the Title II telecom box (although reminding the FCC that states have an important role to play and therefore to use preemption sparingly), and urging the FCC to address early termination fees for cell phone services.

So to get the ball rolling, here is a reprint of my opening remarks in the “framing debate” between myself and Ray Gifford from our Wed. morning NARUC Telecom session. As regular readers know, I’ve argued that things like Network Neutrality are right as a matter of economics (that is, they promote a better economic outcome for everyone: see economists make this argument here and here), that it is critical as a matter of First Amendment freedom and to prevent “virtual redlining.” Below I add an additional argument, what Ray characterized (and I agree) is a “progressive era” argument for why we care about broadband policy.

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My Travel Schedule For The Next Two Weeks

I haven’t had a lot of time to post a lot lately, which actually bums me out a great deal. It’s been an insane time here in telecom land, for all that we seem to be running in place. Eventually, I will get to blog about things like the Comments we filed in the FCC’s Third Way Proceeding, and the 40–gajillion things going on in spectrum (NONE of which are the White Spaces Proceeding. Damn! When is unlicensed gonna actually see a little love?) Meantime, however, I am doing a bunch of travel an speaking appearances in the next two weeks, and would love to see anyone whose schedule coincides with mine.

On Monday, I am flying out to Sacramento for two-days at the Summer Committee Meetings of the National Association of Regulatory Utility Commissioners.  I will be speaking on a panel about the National Broadband Plan at 3:30 p.m. Tuesday, July 20 The next morning, I’m going head-to-head with Ray Gifford of PFF about the virtues (or lack thereof) of the FCC’s “Third Way” Proceeding. While summer in Sacramento with a hotel full of regulators and policy wonks is probably not most people’s idea of a fun time, I hope that those who do come and who read this blog will look me up and say “hi,” as well as show up to cheer me on at the panels (or cheer Ray on, if you you are so inclined).

After NARUC, I am proceeding on to Netroots Nation, where I will be preaching the Progressive Telecom gospel (and why other progressives should care when there are sooooo many other issues demanding attention.) I’m not on any panels, but I am definitely planning to attend the one on Protecting Rights In The Digital Realm on Thursday, July 22, at 10:30 a.m.  A bunch of folks are also organizing an informal social event around Net Neutrality and Title II, details as soon as I have them.

Again, I’d love to hear from anyone who reads this blog who will be there. I’ll be there from Wed. night to Friday morning, so hopefully I’ll see some of you there.

Finally, July 29 I will be going to SuperNova — Kevin Werbach’s amazing conference on future trends. I’ll be speaking with Rick Whitt and Rebecca Arbogast on “The Broadband Challenge,” at 1 p.m. July 29. That one is in Philly, so at least it does not require changes of time zone.

I expect to be tweeting these events (assuming my phone holds out). You can follow me on Twitter at haroldfeld. Or on Facebook . Hopefully, I will also be able to get some decent substantive postings here, on the PK Policy Blog, on HuffPo, and on TMCNet (for someone with no time to blog, I have a lot of places I’m not blogging).

Stay tuned . . . .

Also posted in General, I Fear These Things, Tales of the Sausage Factory | Leave a comment

What Do WiMax, WiFi, Bluetooth and VOIP All Have In Common? A Very Active “Afterlife.”

With the rise of LTE, we find great woe and tearing of hair among the supporters of WiMax. Intel, long a WiMAX booster, closed it’s Taiwan WiMax office and it seems you can’t swing a dead iPad these days without hitting another story about WiMax’s woes and its upcoming demise in the face of LTE.

Mind you, I can remember back in 2004 when the WiMax posse (as I liked to call them) swore that WiMAX had slain wifi and all those folks investing in wide-area mesh networks using sad little unlicensed wifi had wasted their money because WiFi was dead! dead! dead! This, of course, will come as news to both Cablevision and AT&T, both of whom announced major wifi network builds in the last few months.  And, of course, Wifi itself previously “killed” bluetooth, which is why it is so hard to find bluetooth enabled devices anymore.

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Also posted in Spectrum | 2 Comments

Deficit Cutting Fever Threatens Broadband Stimulus Payouts

Politicians, news reporters, and now voters have become obsessed with deficit reduction. Not surprisingly, I find myself in agreement with Paul Krugman and other economists who have argued that we failed to spend enough to restart the financial engines of our economy and now appear ready to compound the error by repeating the error of 1937 when Roosevelt cut back on deficit spending and sent the nation back into the Depression. Unfortunately, this “deficit cutting fever” now threatens the money previously allocated for the broadband stimulus programs.

A proposal by Senator Baucus would cut approx $300 million from BTOP and $300 million from RUS to help fund extensions of unemployment benefits and other more popular stimulus measures such as — surprise! — extensions of various tax credits. (Rep. Obey would cut the same amount, but as part of the and supplemental funding for the Afghanistan and Iraq Wars.) While I certainly don’t begrudge extending unemployment benefits (I do think tax credits are rather worthless for motivating corporate behavior in light of how few corporations end up paying corporate income tax), I absolutely question the wisdom of pulling funding from stimulus programs that are not only creating jobs now, but helping to transform our future.

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Posted in Tales of the Sausage Factory | 3 Comments

Action Alert on ACTA and My Latest Video Explaining How To get ACTA Passed.

The Senate Judiciary Committee is holding an oversight hearing today on the Office of the Intellectual Property Enforcement Coordinator (IPEC, aka the “IP Czar”). Yesterday, IPEC issued its first ever Report on U.S. intellectual property enforcement.  Despite much trepidation that it would come out as the usual one-sided “we must do whatever Hollywood says, treat our customers as potential criminals, and generally act like clumsy arrogant idiots,” it turned out pretty reasonable (even given our standards started abysmally low). You can see my employer PK’s press release here. Critically, the report contained language reflecting the need for balance between mechanisms that ensure that creators get paid while ensuring that people can keep building on previous work (that whole ‘seeing further by standing on the shoulders of giants‘ thing). Here’s the money quote from the report:

One of the reasons that the U S is a global leader in innovation and creativity is our early establishment of strong legal mechanisms to provide necessary economic incentives required to innovate.  By the same token, fair use of intellectual property can support innovation and artistry Strong intellectual property enforcement efforts should be focused on stopping those stealing the work of others, not those who are appropriately building upon it.

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