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Submitted by Scott Cleland on Mon, 2011-08-01 15:25
In the end, the U.S. Government is highly-likely to approve the AT&T/T-Mobile merger, despite the significant opposition, because of three over-riding realities: 1) market/financial realities, 2)DOJ legal/precedent realities, and 3) FCC public-interest realities.
I. Market Reality:
T-Mobile's leadership and owners have decided that they are unable and unwilling to invest what is necessary in order to compete going forward in the American 4G wireless market, and given that fundamental premise, the AT&T/T-Mobile merger is the optimal market outcome for T-Mobile's customers and for competition.
So the key baseline fact grounding the DOJ/FCC's decision processes here, is that T-Mobile's leaders/funders are effectively exiting this business one way or another long term via merger, sale or benign neglect.
Submitted by Scott Cleland on Tue, 2011-08-02 13:20
There's more powerful evidence from Capitol Hill that the FCC's beleaguered Open Internet/net neutrality regulations are in serious trouble.
First, on July 27th, eleven GOP Senators on the Senate Commerce Committee requested in a letter, that the FCC conduct a cost-benefit analysis of the FCC's Open Internet Order, given the President's recent Executive Order directing independent agencies to reduce burdensome regulations.
Submitted by Scott Cleland on Wed, 2011-08-03 12:40
FreePress with its "all complaints all the time" approach to advocacy has been caught once again "crying wolf" when there was no real problem or threat.
FreePress also continues to cry wolf about its spurious tethering" complaint against Verizon because users are prevented from unauthorized tethering of additional devices trying to bypass users' terms of service agreement.
Submitted by Scott Cleland on Fri, 2011-08-12 17:39
To understand how Google is deceptively misdirecting attention away from their own ignominious record of serial property infringement by loudly accusing its competitors of being anti-competitive for enforcing their patent rights, see my new Forbes op-ed: "Google Asserts Property Rights Are Anti-Competitive."
This is important because:
Few have connected the dots of how Google's serial mass infringement of competitors' property has been integral to Google's rapid monopolization of the search business and its strategy to rapidly extend that search business market power in most every direction.
Simply, no one can compete with unabashed property infringers.
Find the op-ed here.
Submitted by Scott Cleland on Fri, 2011-08-12 18:21
On hiatus for vacation.
Submitted by Scott Cleland on Mon, 2011-08-22 15:54
An easy way for the FCC to show respect for the President's Executive Order to eliminate "outmoded" and "excessively burdensome" regulations would be to grant the NCTA's petition for a declaratory ruling, that Section 652 of the 1996 Telecom Act, (intended to encourage incumbent local telcos and cable companies to compete in telephony and video) was not meant to prohibit pro-competitive mergers between cable companies and new entrant CLECs that didn't exist in 1996 and thus have no market power.
The FCC Sect. 652 status quo is counterproductive in perversely thwarting a central competition policy goal of the 1996 Telecom Act: i.e. promotion of cable-telco competition.
Specifically, the NCTA's petition exposes a dysfunctional local franchising authority review process that has no standards or time limits, which makes the overall regulatory review process for cable-CLEC mergers uncertain, arbitrary, and "excessively burdensome."
Submitted by Scott Cleland on Thu, 2011-08-25 11:22
The DOJ's very tough enforcement agreement to not criminally prosecute Google for knowingly promoting illegal prescription drug trafficking for six years has many under-appreciated implications for Google's business and brand going forward.(See the DOJ-Google Agreement here and the DOJ's release here.)