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Net Neutrality

Why Title II Net Neutrality Defenders Fear a Pro-Consumer Ajit Pai FCC

Defenders of the previous FCC’s Title II Open Internet Order appear afraid to have a free and open discussion about how Title II net neutrality affects Americanconsumers.

Like a poker player’s “tell,” leading Title II net neutrality defenders tellingly resort first to ad hominem attacks in challenging the financial motives of most everyone that is making the pro-consumer case for overturning the previous FCC’s Open Internet order. 

Why are they leading with ad hominem attacks?

As most understand, ad hominem attacks are the refuge of those who know the facts are not on their side of the argument.

Ajit Pai will return pro-consumer focus at FCC – The Hill Op-ed

Please see my new The Hill op-ed: “Ajit Pai will return pro-consumer focus at FCC.”

 

  • It factually rebuts the New York Times’ editorial assessment: “Anti-Consumer Agenda at the FCC.

 

Outdated Telecom Law Poses a Challenge for Agit Pai’s FCC – The Hill Op-ed

Here is my latest The Hill op-ed on How “Outdated Telecom Law Poses a Challenge for Agit Pai’s FCC.”

  • It explains what is NOT a modern FCC.
  • It’s also part 26 of my Modernize Obsolete Communications Law Series. (See below.)

 

 

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Modernize Obsolete Communications Law Series

Rating the FCC’s Net Neutrality Enforcement Policy a Zero -- The Hill Op-ed

Please don’t miss my latest The Hill op-ed entitled “Rating the FCC’s Net Neutrality Enforcement Policy a Zero

  • It explains how net neutrality ceased being pro-consumer.  

 

How Did Net Neutrality Become So Unreasonable? The Hill Op-ed

Please don't miss my latest op-ed in The Hill: How Did Net Neutrality Become So Unreasonable?

 

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.

Google Fiber Pivots to Be Wireless ISP & FCC Spectrum Access Administrator

Don’t miss Google’s enduring big wireless ISP ambitions in the midst of all the noise and confusion about the future of Google Fiber.

And also don’t miss Google’s grand ambitions to organize and dominate America’s spectrum-related information via its certification as a key FCC Spectrum Access System Administrator, given how little public attention it has gotten to date.

Google continues to pivot its Internet access ambitions away from deploying capital-expensive fiber technology deployment to deploying much-less-capital-expensive unlicensed wireless access technology, which does not require digging and burying fiber, and which may only use free unlicensed spectrum.

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.

Appeals Court Blasts Big Deregulatory Hole between FCC & FTC Jurisdictions

FCC and FTC meet the law of unintended consequences.

A Ninth Circuit Court decision overturned an FTC enforcement action against AT&T for “throttling” broadband data speeds by definitively ruling that the FTC did not have any legal jurisdiction over AT&T (and other common carriers) because of the explicit common carrier exemption in the FTC’s core Section 5 legal authority.

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Q&A One Pager Debunking Net Neutrality Myths