Year: 2010

Sorry AT&T, Title II Would Not Require The FCC To Allow Paid Prioritization.

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AT&T has raised a bit of buzz recently with claims from their policy folks that under Title II, AT&T could still do paid prioritization (aka “fast lanes,” “toll lanes,” or, as I like to call it in honor of the man who so clearly laid out the concept “Whitacre Tiering” — but that one sadly never caught on). The implication of these recent statements apparently being that (a) Title II is therefore sooooooo not worth it; and, (b) the demand by whacky-crazy-socialist-radicals to prohibit paid prioritization is just more whacky-crazy-radical-socialist stuff, so pay it no mind. One might ask, if so, why AT&T has invested so much money in demonizing Title II when it supposedly would require the FCC to allow paid prioritization, but I digress.

Instead, let’s play stupid fun lawyer games and try some legal analysis. Ooooooohhhh!!! I love that game! It makes me all nostalgic for a time when we actually filed pleading at the FCC and debated these issues before agencies in a public record rather then in blogs (which tells you how pathetically old I am). Besides, all kidding aside, debating actual law and precedent with with some of the other lawyer types willing to play law games is one of the few intellectual pleasures remaining to me in Policyland these days, given the way this usually degrades to blah blah Socialist blah blah. Heck, I may even see some substantive reply.

My short answer is that while Title II would allow the FCC to permit paid prioritization, in a non-discriminatory manner, it does not compel the FCC to permit paid prioritization. Further, while Title II would not require the FCC to prohibit paid prioritization, it would give the FCC authority to prohibit paid prioritization. Indeed, I first addressed this back when Genachowski announced his “3rd Way” proposal. At this point, the more results oriented can skip directly to the comments to tell me how socialist stupid I am, or describe how evil AT&T is (depending on your preference). Those interested in a little law and policy, see below . . .
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Self-Publisher Sells Out! How and Why I sold the Rights to my Self-published Novel “Acts of the Apostles” to Underland Press

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I recently signed deal with Underland Press, a new, indie publisher founded and led by  Victoria Blake, to give Underland the worldwide rights, electronic and print, to publish my novel Acts of the Apostles in any and all languages in basically any format (printed book, ebook, audiobook, etc).

I’ve been the publisher of this book for eleven years. It has sold pretty well as far as first novels (self- or traditionally published) go, and I have gotten a fair amount of attention for being an innovative self-publishing novelist.

I’ve written that as a self-publisher I get to keep the publisher’s cut as well as the writer’s cut, which means that any publisher would have to offer me a pretty sweet deal before I would consider giving my publisher’s cut to them. And I’ve noted (as have many other people) that in an age when more and more book sales are digital (that is, internet downloads of ebooks), the role of the publisher is less and less relevant.

In fact, over the last six weeks, sales of digital versions of my books have outnumbered sales of printed copies by about 60-1.

So why have I sold my rights to Underland?

Because I want Acts of the Apostles to become a worldwide bestseller. I want sales numbers in the millions. Failing that, it would be at least nice to make some money. I’m gambling that Underland offers the best opportunity for that to happen. Continue reading

Without Television

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It is categorically impossible to discuss the subject of television consumption without sounding like a dick.

Let’s have that understood from the start.

Even the gentlest of opinions can come off sounding like arrogant pronouncements.  Even the most sensitive framing can strike some people as if it were the foaming screed from a self-righteous vegetarian or fitness enthusiast or Biblical literalist: holier than thou.

So let’s you and I be understood on this and related points now, at the outset, and spare ourselves confusion or accusations later on.  1) I’m really not as much of a dick as talking about television might make me seem; and 2) it is not my contention that I am particularly holier than anyone.  Not even you.  Thou.  Whatever.

With that said, our subject today is the ongoing consumption of television as a lifestyle choice.  That is, weighing the value of frequent and regular television watching rather than the value of any particular piece of specific programming.  This is about flow, not show.

Our exploration of such will be somewhat meandering but roughly sectioned as follows: history and definitions of the medium, my rationale for rejecting the medium, and finally the personal and social consequences of that rejection.

If that sounds too dry and academic for your reading tastes, please consider that I promise to throw in a few fart jokes here and there to keep things lively.

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Broadcasters Try To Embed Denial of Service Trojan Horse In White Spaces Rules

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The official agenda for the FCC’s September Open Meeting on Thursday lists the broadcast white spaces as one of the items. This Order will resolve the details left hanging from the 2008 Order (although it now appears that it will not select the database operator), finally allowing development of this technology and forming the foundation for the next generation of unlicensed wireless technology.

Or maybe not. Even more than usual, this Order relies on getting all the details right. The limitations and interference mitigation mechanisms have left very little in the way of usable spectrum in the largest urban markets most attractive to manufacturers. Lose what’s left and you lose national markets necessary to interest developers and achieve economies of scale. Do anything further to drive up cost of manufacture or add a new layer of uncertainty and would-be developers – who have already been at this for [8 years] and poured millions of dollars into prototypes and pilot projects -– will likely pull the plug and walk away. Anyone who remembers such promising technologies as ultrawideband should recognize the death by a thousand cuts approach favored by incumbents.

[We’re having some technical issues here at Wetmachine, so I can’t link back to my previous posts on White Spaces. Sorry about that. Hopefully it will get resolved soon.]

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SNAFU

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Hi Folks. Well, the site’s a mess, due to a recent WordPress update breaking a plugin. At the moment, all of the sub-sites will show you all of the Wetmachine posts, not just ones from a single author. I’m working on a permanent fix that will mean we won’t be relying on a plugin for something so basic in the sit, but that will require a lot of work behind the scenes, and there will likely be a lot of problems to fix with that approach. Please stay tuned…