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America’s Indefensible Media Concentration Double Standard

Apparently America does not have “equal justice under law” when it comes to media concentration limits.

Seldom can one find a starker commercial example of unequal legal, law enforcement, and regulatory treatment of very similar commercial activities than that between old media and Internet/new media companies concerning media concentration and antitrust enforcement.

Both legacy old media companies and Internet/new media companies are in the communications business, own and/or produce media of some type, and distribute media in different physical ways, consumption formats, and time/situation dimensions.

Please see this one-page graphic that illustrates how America’s media concentration double standard treats similar old and new media companies completely dissimilarly, and how it results in a predictable stark market share dichotomy.  

Ultimately old media concentration has been limited by the traditional antitrust limits that apply to all industries and companies over the years.

That’s no longer true for Big-Internet companies like Google and Facebook.

How Internet Commons Policies Lessen Growth Jobs & Security – Daily Caller

Please don’t miss my latest Daily Caller op-ed: “How U.S. Internet Commons Policies Lessen Growth Jobs & Security.

It spotlights how U.S. Internet commons policies – where “free” means a price of zero and “open” means no property -- create winner-take all economic outcomes for the Netstablishment at the expense of everyone else.

 

What to Expect from a Trump FCC

In the wake of a generally-unexpected election outcome, most everyone in the Internet space is grasping to understand the implications of an all Republican-led government and a Trump FCC, on their key issues. 

The purpose of this analysis is to spotlight and explain the most predictable changes to expect. By design, it is not comprehensive, because some issues are naturally less predictable than others.

To be most accurate, this analysis will be high-level and strategic, not detailed and tactical, because the “what” and the “why” here are more predictable at this early stage than the specific “how,” “when,” and “who” -- for obvious practical reasons.

I. Why are some issues very predictable at this early stage?

First, the simple, hiding-in-plain-sight, premise here, is the process/values clarity and predictability that naturally flow from unified one-party control of the levers of government.

This is the fourth time in eighteen years there will be unified one-party control of government: the Democrats had it 1993-94 and 2009-10; and Republicans had it 2003-06 and now in 2017-18. History confirms the high-level strategic predictability of one-party control of the levers of government.

NetCompetition Statement on Election, Communications Law/Policy & FCC

FOR IMMEDIATE RELEASE, November 9, 2016, Contact:  Scott Cleland 703-217-2407

 

Election Provides Opportunity to Modernize Communications and Privacy Laws; And to Ensure a Pro-competition FCC that Fully Respects the Rule of Law, Facts, Due Process, Property Rights and Contracts

 

Top 5 Worst Antitrust Enforcement Decisions in the 21st Century

Google is in the process of submitting its defenses to the EU antitrust charges that Google abuses its >90% dominance in search, mobile, and advertising. At the same time a new U.S. Administration soon will take a fresh look at U.S. antitrust enforcement, much like the EU did for Europe in late 2014.

So how did EU v. Google become the most consequential antitrust case of the young 21st century? 

The Key Competitive Facts behind the AT&T-Time-Warner Acquisition

This analysis of the competitive facts underlying AT&T’s acquisition of Time Warner is an outgrowth of my discussion of the acquisition on NPR’s Diane Rehm Show this morning with Cecilia Kang of the New York Times and John Bergmeyer of Public Knowledge. The show can be heard here.

My main point was that the competitive facts are the best friend of this transaction.

I elaborate on that conclusion below.

The key facts lead me to believe the transaction should and will be approved, most likely by the DOJ, because of: the antitrust-benign competitive share facts in all the relevant markets; the antitrust precedents that constrain the DOJ’s ability to successfully challenge in court a vertical merger with these benign shares; and the companies have signaled they understand that if any legitimate competitive concerns arise they can be mitigated successfully with conditions and DOJ oversight of the transaction.    

If officials examine the competitive facts of this acquisition with an open mind and with due process, they’ll discover first impressions can be very misleading.

FCC’s Haphazard Privacy Policy Gaps Disserve Consumers

The FCC’s proposed broadband privacy rules are haphazard and have more random and conflicting “gaps” than Swiss cheese has holes. 

That’s because the FCC’s approach to privacy is obviously jurisdiction and technology driven, not consumer-driven.

When will the FCC put consumer privacy protection first, and join with the FTC to work with Congress to comprehensively update privacy legislation for the 21st century?

Consumers deserve so much better than this.  

Let’s count the arbitrary and haphazard privacy gaps in the FCC’s proposed privacy rules.

FCC’s STB “Unlock-the-Box” Is a Trojan Horse to Unlock Copyright Licensing

When a PR tactic masquerades as principle or sound policy a mess inevitably ensues.

Google and Public Knowledge, the two leading corporate and interest group entities respectively that are opposed to copyright in America, plotted that they could disguise their real intent to “unlock copyright licensing” and devalue the valuable “information flows” of the $200b a year U.S. pay TV industry, with a clever #UnlockTheBox consumer “gift”/sneak attack… just like Greeks did in the Trojan War using the purported “gift” of a huge wooden “Trojan Horse” as a trick to secretly enable soldiers hidden inside the horse to gain entry to the securely protected city of Troy.  

We now know that this FCC AllVid/Set-Top-Box (STB) rulemaking was not really about unlocking set-top-boxes for consumer benefit, but predominantly about unlocking copyright licenses for the nation’s most valuable video programming – to de facto, open-force more proprietary information to be free on the Open Internet.

Will the Federal Communications Congress Try to Unlock Copyright Licensing?

Multiple sources indicate the FCC is on path to include in its final proposed AllVid set-top box order a de facto FCC office of copyright licensing to try and politically paper over obvious policy and enforcement gaps in FCC authority.

It is further evidence that the “Unlock the Box” proponents pushing AllVid are really bent on “unlocking the copyrights, licenses, and contracts” that collectively protect $200b worth of annual video programming business, not the purported $20b set-top box business.

That’s because AllVid proponents continue to demand their initial outrageous and unlawful claim that the FCC should force the pay TV and video programmer industries to give Big Internet companies their $200b of video programming flows for free -- because the Internet wants information to be free.

The FCC’s big legitimacy problem here is that the FCC is not operating in a legal area where they can argue they are due broad court deference, because in this instance the law is very clear.

The FCC does not have the authority to force property owners to give away their copyrighted property for free or to forfeit their legal licensing or contract rights.

Will FCC Allow Competition to Google’s & Facebook’s Advertising Monopolies?

Why is the FCC protecting and facilitating online advertising monopolies?

How can the FCC square its “competition, competition, competition” PR mantra with its regulatory plans for applying new anticompetitive privacy rules only on ISPs and not the “edge” online advertising monopolies -- Google and Facebook?

Simply as it relates to online advertising, the FCC’s new proposed Title II privacy rules would require ISPs with existing advertising businesses, or those planning to enter, compete, and grow in the online advertising market, to be subject to a new and special, privacy opt-in, consumer-consent framework where they alone in the marketplace would have to secure users’ advanced permission to use a majority of their data for advertising purposes.  

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Q&A One Pager Debunking Net Neutrality Myths