Month: May 2008

And People Ask Me Why I Don't “Trust the Market . . . .”

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From recent headlines:
Now that the FCC hearing in Standford is over, Comcast had dumped the idea of a consumer “bill of rights” for consumers. Instead, apparently picking up on Commissioner McDowell’s confusion over ICANN and how it works, Comcast has announced it is joing the Distributed Computing Industry Association (DCIA). While purportedly eager to include us regular folks in the dialog, consumer interests will not be represented in the initial discussions.

Comcast also is looking at bandiwdth caps, but that’s in addition to “managing” p2p, not instead of managing p2p.

Meanwhile, Earthlink is apparently walking away from Wireless Philly, and may simply shut the system off unless the city buys it out.

And folks ask me why I don’t “trust the market” when I am skeptical that big companies will stick by their commitments….

Stay tuned . . . .

Reserving Judgment on Sprint/Clearwire/Google/Intel/ForcesofDarkness Deal

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“Whoever fights monsters should see to it that in the process he does not become a monster. And if you gaze long enough into an abyss, the abyss will gaze back into you.”

—Obligatory Cliche Neitsche Quote

When last we left Sprint, the wily temptress of the airwaves, she was languorously sighing while apparently choosing between her old suitors (refugees from Spectrum Co. Comcast, Time Warner, and Brighthouse) and her new suitors (Google and Intel). Now, according to this announcement, the ever outre and winsome Sprint has decided it is too much trouble to choose and that — like some French comedy — they will live happily ever after in some carefree, open spectrum menage a cinq. Google, as has become its want, explains on its blog how this signals a new era in which all Americans will enjoy a third wireless pipe, open applications, and — no doubt — greater independence from foreign oil.

Well I hope so. But after seeing Google break my poor little heart in the 700 MHz auction after I was so utterly convinced they would bid to win, I am very definitely reserving judgment here. Because while I keep hoping that this is all part of Google acting to alter the wireless world by making it more open, I cannot overlook the possibility that this is the world of giant corporate incumbents altering Google to be less of a threat. So even though Google is saying all the right things, I’m going to wait to see the FCC applications before I start jumping up and down for joy and declaring this a huge victory. Because electronic press releases mean squat compared to whether the applications for the new “Clearwire” entity contain provisions that provide the same level of openness as the C Block Conditions or the Skype Petition.

More below . . . .

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Worsht Ex Parte Ever: I Gloat Over Latest D.C. Cir. Case on a Procedural Point

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One of the constant irritants for me and others trying to follow what happens at the FCC is the problem of “the too brief ex parte.” Under the Commission’s rules (47 C.F.R. 1.1200, et seq), when a party meets with FCC staff on an open proceeding, the party is supposed to submit into the record a written statement providing a summary of the conversation. This is called a “notice of oral ex parte presentation” in FCC-speak, but we usually shorten this to just ex parte. By rule, the ex parte should provide a reasonable explanation of what took place so that a reader can get a sense of the argument made (although you can refer back to a previous filing to avoid repetition). In practice, however, you usually get nonsense like this piece of garbage from Alltel which wins the Comic Book Guy Award for “Worsht Ex Parte Ever.”

So it was with a considerable amount of schadenfreude that I saw the D.C. Circuit whomp Sprint/Nextel for producing crappy ex parte‘s that failed to provide a record of their no doubt numerous detailed conversations with Commission staff. This failure to leave a record resulted in dismissal of Sprint’s case and may cost it many billions of dollars.

More gloating below . . . .

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MAP Brings DC To The Valley

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Time for a shameless plug for my employer, the Media Access Project (MAP).

As long-time readers know, one of my frequent complaints is why don’t folks whose lives depend on the rules made in DC bestir themselves and get active on the policy front. All it takes is a web browser and a docket number, after all. Why don’t we see more Silicon Valley folks, VCs, and others show up at FCC proceedings.

Answer, they live as much in their own isolated bubbles as the DC folks do. If you are out in Silicon Valley, odds are good you rarely think of DC as having any relevance to your life and there is not going to be anyone or anything around you to tell you otherwise.

Well rejoice, lucky Silicon Valley people (and whoever else wants to make the trip out)! Media Access Project is sponsoring a series of policy forums (fora?) in Silicon Valley, wherein we will bring the D.C. policy world to you. And, lest you think this is some sort of socialist cult-like retreat wherein we will brainwash you with our public interest ways, we are working with big corporate partners like AT&T and eBay to assemble panels that present a wide variety of views. The primary purpose here is to get folks actually thinking about policy and why it is important for everyone to participate in the process. Think of it as a kind of “Rock the Vote” for Silicon Valley.

In any event, details below.

Stay tuned . . . .

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What Does Cablevision Want With Newsday? And Should I Care?

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For a business supposedly on the edge of extinction, newspapers attract an odd assortment of newcomers eager to get in on the game. Real Estate billionaire Sam Zell bought Tribune last year, marking fresh blood coming into the newspaper and broadcasting biz. Now, as Zell sells off some chunks of Tribune to to pay down debt, it would appear another new player is poised to enter the game.

According to this story, NYC based Cablevision has beat out Rupert Murdoch for the Daily News. Unlike the Murdoch deal, this would not implicate any FCC rules and should not raise too many hackles on the antitrust side. Arguably it has an impact on the local advertising market, but hardly enough to make a difference. Besides, I’m not sure if there is any evidence that the newspaper advertising market and the cable advertising market are related.

What is more interesting is “why does Cablevision want Newsday at all? And should I care?” Cablevision has in the past tried to break out of its main business as a cable operator and dabbler in cable programming and owner of various sports venues and franchises. At various points, it has tried to launch a satellite service and was a bidder in the last two major FCC spectrum auctions (coming away empty handed both times). Is this a toe in the water to go into the newspaper business or a more limited foray?

It is interesting to note that a few years ago, Cablevision was sued by the Jets over an alleged effort to block the Jets from building a sports stadium that would compete with those owned by Cablevision. Among the charges, the Jets claimed that Cablevision routinely gave its own front group free advertising time on its cable systems to drum up support against the Jets’ stadium effort, while refusing to sell advertising time to the Jets for pro-stadium advertising. Owning Newsday will certainly give Cablevision a bit more political clout in its backyard should it find itself wanting to lobby local government again. While I don’t think that’s the primary reason for Cablevision buying Newsday, it does make for an attractive bonus from Cablevision’s perspective.

Unfortunately, I think only DOJ or the FTC will examine the acquisition. It doesn’t trigger either FCC rules or local franchise review. But this sort of impact on the diversity of news sources and the ability to leverage ownership of different media assets for political gain falls outside antitrust review — even in an administration that cares about antitrust. So for better or for worse, barring some new bidder emerging, I expect the deal to sail through easily.

Stay tuned . . . .

Atrios dogbark blogging

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In March, I went to a gathering of people who read Eschaton, a blog by “Atrios”. This guy Atrios has a pithy blogging style that I like a lot. Basically he puts out short observations about this and that (or thus and such)–much as my late dog Rosa used to just bark at random times. People then leave hundreds of comments on Eschaton in response to the Atrios dog-barks.

Among other things, Atrios likes to bark at his readers. From time to time he barks at readers who want him to give them or their blogs publicity. He barks that it is not his job to give people publicity. When he blogs on this topic he gets riled up like a proper chihuahua.

One time Atrios put up on his blog a photo taken inside his apartment. I saw on his bookshelf books by Douglas Hofstadter. So I sent him a note asking if he would like a copy of my Hofstadterian book, “Cheap Complex Devices”. Atrios did not write back.

At Eschacon, I spoke with him for a little bit. He was drinking red wine & think he was a little tipsy. I gave him a copy of my book, which he graciously accepted, and I saw him carrying it around hours later, so I know that, at the least, he did not immediately throw it in the garbage.

However, he still has not replied to my email or given me free publicity on his blog. Also, hardly anybody ever leaves comments here on Wetmachine. Finally, although Doug Hofstadter and I are now friends, he had not read my homage a Hofstadter yet either. And none of you people leave comments!

Also, this entry is much too long for an Atrios-style blog entry. Maybe that’s why I’m a minor blogger and he’s a superstar. It’s harder than it looks.

McBush McSame, mcJohn McCain!

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Those meanines on the internets keep showing this little video of W’s very-own Mini-me, McSame McBush McCain, saying how staying in Iraq for a hundred years would be “fine with him”.

But everybody knows that it’s unfair to show Straight-Talking Maverick St. John McCain saying anything politically unpopular! St. John got mad. St. John got sad. St. John went to his jillionaire-millionaire wife looking for a little love, but she was too busy plagiarizing a cookbook to notice him. He wound up back in the arms of the Hugger-in-Chief!

Now that’s what I call “straight” talk!