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Regulation

Top Ten Flaws in FCC’s AT&T/T-Mobile Competition Analysis

The unprecedented release of a FCC draft staff analysis opposing the the proposed AT&T/T-Mobile transaction could backfire legally, undermining its intent to backstop the DOJ's pending lawsuit against the merger.

See my Forbes Tech Capitalist post here on the "Top Ten Flaws in the FCC's AT&T/T-Mobile Competition Analysis."

 

A Problem in Search of a Problem

Professor Susan Crawford's attempt to manufacture a new net neutrality bogeyman, "The Looming Cable Monopoly," fails to persuade.

See my Forbes Tech Capitalist post which deconstructs and debunks Professor Crawford's unsupported theory.

The Politics of Regulating the Internet

As the Senate prepares to vote on the fate of the FCC's net neutrality regulations this week, it's instructive to look more closely at the politics of regulating the Internet.

Read my Forbes Tech Capitalist post here.

NYT's Uninformed War on Competition Policy

The New York Times editorial "How to Fix the Wireless Market," is embarrassingly uninformed and totally ignores massive obvious evidence of vibrant American wireless competition.

The NYT's conclusion, that more wireless regulation is needed because of "insufficient competition," results from cherry picking a few isolated facts that superficially support their case, while totally ignoring the overwhelming relevant evidence to the contrary.

The NYT completely ignores widely-available evidence of vibrant wireless competition and substitution:

The Metamorphosis of Communications Competition -- A New Framework

For those seeking to better understand how communications competition has evolved, expanded, and accelerated to cloud communications competition, don't miss my new six-chart powerpoint presentation: "The Metamorphosis of Communications Competition," here.

My bottom line conclusion: The transformation of communications competition requires a transformation in communications law.

  • Specifically, the world has changed with technology, but obsolete technology-specific laws have not.
  • Communications policy obsolescence undermines infrastructure's utility and value and renders property less attractive and competitive.

I presented this new easy-to-understand framework for understanding exploding communications competition at a NetCompetition event today on Capitol Hill, which also featured excellent presentations by Jeff Eisenach, Managing Director of Navigant Economics, and Ev Ehrlich, President of ESC Company.

Don't Miss Phil Kerpen's Net Neutrality Op-ed

Phil Kerpen, of Americans for Prosperity, has a new must-read op-ed in the Washington Examiner entitled: "Will Congress Stop FCC's Internet Takeover?"

  • It is an excerpt of his very important new book, "Democracy Denied," which exposes how the radical fringe systematically abuses the regulatory process to bypass Congress and subvert democracy, because they know their elitist-oriented policy ideas like net neutrality can not withstand the scrutiny of a true "free and open" democracy based on America's Constitution and separation of powers.

You can find out more about Phil's very important book at DemocracyDenied.org and you can buy it on Amazon here.

Implications of DC Circuit Hearing Net Neutrality Appeal

Since the D.C. Circuit Court of Appeals was selected to hear appeals of the FCC's Open Internet Order -- it is now even more likely that the FCC's net neutrality regulations will be overturned in court as unlawful and/or unconstitutional.

 

  • Regardless of which Appeals Court heard this case, Verizon was highly likely to win in its appeal against the FCC rules on the merits.
  • Now Verizon's chances increase further given that the most knowledgeable, expert, and experienced Circuit Court of Appeals is hearing this case.
    • (See analysis here for why the FCC is highly likely to lose this case.)

 

The D.C. Circuit is the Appeals Court that traditionally hears cases involving independent regulatory agencies like the FCC, so the D.C. Circuit Judges are very familiar with both the limits of the FCC's statutory authority and the FCC's proven penchant for trying to overreach their statutory authority.

In a nutshell, the FCC's legal case stands on two very slippery assumptions.

 

Why Europe is Falling Behind U.S. in Broadband

The EU's penchant for price regulation is a big reason why the EU is falling behind the US in broadband.

See my Forbes Tech Capitalist post here: "Why the EU is Falling Behind the US in Broadband."

Why FCC Net Neutrality Regs Are So Vulnerable

See my Forbes Tech Capitalist post on net neutrality here, entitled: Why FCC Net Neutrality Regs Are so Vulnerable.

Opposing "The Verge" of Socialism -- My latest Forbes Tech Capitalist post

Please see my Forbes Tech Capitalist blog "Opposing "The Verge" of Socialism" here, which rebuts Joshua Topolsky's Washington Post column: "Want better wireless service in America? Socialize it."

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Q&A One Pager Debunking Net Neutrality Myths