Harold – Page 90 – Wetmachine

Adelphia Decided

Harold July 14, 2006 August 23, 2012Cable, General, Tales of the Sausage Factory

I was off at my cardiologist getting a stress test, so I missed this. Happily, I had crammed the night before and passed with flying colors! Because today’s FCC meeting was, from all descriptions, totally surreal � including a shout out to yr hmbl obdnt blogger!

Short substance review: The FCC did not adopt a network neutrality condition, they did not adopt a condition on PBS Sprout, allowing Comcast to get by with a voluntary commitment to make the programming available on a non-exclusive basis for the next three years. They acted on the Washington Nationals, and gave a nod to leased access.

More details, and further implications, below . . .

The Adelphia Day of Judgment Comes

Harold July 12, 2006 February 24, 2013Tales of the Sausage Factory

For over a year now, I’ve intermitently tracked the transaction between Comcast and Time Warner for the bankrupt Adelphia systems. At tomorrow’s open meeting (assuming no last minute delays for further negotiations), the FCC will issue its decision.

How we got here, what happens, and why you should care below.

Susan Crawford's Five Good Question

Harold July 11, 2006 February 24, 2013Tales of the Sausage Factory

Susan Crawford, a law Professor at Cardozo and a Board Member of ICANN supportive of Net Neutrality, asks and answers five good questions about Network Neutrality. Chris Yoo, a law professor at Vanderbilt and opposed to Net Neutrality, gives his answers (along with Susan’s) here. Harold Feld, not a law professor anywhere, gives his answers below.

Stevens Mark Up — Results

Harold July 4, 2006 February 24, 2013Tales of the Sausage Factory

A tie on NN, which translates as a procedural loss (Stevens, as chair, got to break the tie and reject the NN amendment) but a political win. A surprise win on Low Power FM. A surprise minor win on media ownership. No changes on Section 1004, broadcast flag, munibroadband, or white spaces.

Despite the telcos advancing the ball forward, the 11-11 vote has made it very uncertain the bill the will advance to a full floor vote. You can bet the telcos will mount a full court press during the July 4 recess, so intensifying public input remains critical to killing the bill.

Details below.

Meanwhile….Back at the FCC….

Harold July 3, 2006 February 24, 2013Tales of the Sausage Factory

The forces of media consolidation continue to make headway now that the FCC has a full contingent of 3 Republicans and 2 Democrats. At the June 21, 2006 meeting, the FCC, by 3-2 vote, began the process of reexamining the rules on broadcast media ownership. Last week, the proposed order approving the Adelphia transaction began circulating. It has a very narrow outlook and very meager conditions (so far). Procedural moves by Martin could cut off any further public debate or input as early as this Thursday (July 6).

But all is not yet lost. Chairman Kevin Martin had also intended to adopt a rule requiring cable operators to carry the additional digital streams of broadcasters after the DTV transition, the so-called multicast must-carry. The Dems have long refused to go along unless the Commission also resolved the long-pending proceeding to define new public interest obligations for digital broadcasters. Martin had long made it clear that he did not intend to impose any new obligations on broadcasters, and that as soon as he had a third Republican, he would ram through multicast without public interest obligations.

But it didn’t happen. Robert McDowell, the new Republican Commissioner, refused to go along. Either because he didn’t like the idea, or because he didn’t like getting pushed so hard so quickly on a controversial matter, McDowell refused to vote “yes” on the multicast item. As a result, Martin pulled the item from the June meeting.

What will McDowell do on Adelphia? With the Dems dead set against approval without firmer conditions, Martin needs both Rs to toe the line.

More analysis and speculation below . . . .

My stint as featured blogger at Public Knowledge

Harold June 29, 2006 February 24, 2013Tales of the Sausage Factory

For the next week, I’ll be doing a stint as the “featured blogger” on Public Knowledge’s policy blog. As regular readers will know, I’ve often applauded PK as one of the key organizations fighting against expansion of intellectual property rights at the expense of the public, and critical in working to expand the intellectual commons. I’ll still try to post here as well. But I may just point people to PK.

For example, click here to see my update on the Adelphia transaction.

Stay tuned . . . .

The Joker in the Stevens Deck — Section 1004

Harold June 26, 2006 February 24, 2013Tales of the Sausage Factory

In the dead of night, just before the latest draft of the Stevens bill came out, a helpful Telco lobbyist inserted a little provision to stack the deck in the case of judicial review. Section 1004 of the Stevens draft now places exclusive jurisdiction for all decisions by the FCC in the D.C. Circuit. This includes not just network neutrality, but media ownership, CALEA, wireless issues, anything.

Why would anyone do that you ask? Because the D.C. Cir. is, without doubt, the most activist court in the land when it comes to pressing its vision of media and telecom policy. More than any other court, the D.C. Cir. can be credited with destroying hope of telecom competition in the United States by perpetually reversing and remanding the FCC’s efforts at rulemaking and enforcement until the FCC finally gave up and effectively deregulated. The D.C. Cir. is also responsible for vacating (eliminating by judicial fiat) the rule preventing cable companies from owning television stations where they have cable systems, and overturning much of the FCC’s cable and broadcast ownership limits. Finally, through the legal doctrine known as “standing”, the D.C. Crcuit has done its best to make it impossible for regular people to challenge FCC decisions or bring individual cases on antitrust grounds.

As a practical matter, the move privileges large companies that can afford to litigate in DC. If you are a small company somewhere else, upset about how FCC action impacts your life, you must now get a lawyer familiar with DC practice ad Petition for review here. Of course, the best (and most expensive) firms most likely have deals with your larger rivals, precluding them from taking the case.

So no wonder why the telco lobbyists want this provision. But why on Earth would anyone else? However, because it comes in at the end, while most of the action takes place elsewhere, it may slip by.

So certainly go to Save the Internet and follow the directions on how to call the Senate Commerce Committee and tell them you want real network neutrality. But don’t forget to tell them at the top of your lungs STRIP OUT SECTION 1004! DO NOT GIVE THE DC CIRCUIT EXCLUSIVE JURISDICTION OVER FCC RULES. You’ll be glad you did.

Stay tuned . . . .

Stevens Bill Score Card Pre-Mark Up

Harold June 26, 2006 February 24, 2013Tales of the Sausage Factory

And what a mark up it will be! Senators have proposed hundreds of amendments (more than 250 at one point, but now down to something over a hundred as deals get done). Meanwhile, the Stevens Bill itself has undergone significant rewrite. You can find the final pre-mark up draft at Jim Baller’s site here. For comparison, you can read about the Democratic substitute here (and my brief summary of same here).

Below, a brief score card on some issues I singled out previously: Opening broadcast white spaces (still in, but facing a “poison pill” amendment from DeMint (R-SC)), program access (dropped by Stevens); Broadcast flag (sadly alive and well); Munibroadband (much improved, thanks in no small part to Jim Baller and the coalition of tech folks, muni orgs, and public interest folks put together by Jim Kohlenberger); and, of course, net neutrality (brought up to COPE levels, with some flavoring added to try to buy off the Christian conservatives).

Most importantly, the telcos have inserted a very nasty joker in the deck, known as “Section 1004.” This Section is designed to rig any post-legislation appeal by giving the D.C. Circuit exclusive jurisdiction over all things FCC. This would be a catastrophe not merely for network neutrality, but for media ownership and just about any other provision of law (and therefore merits a post of its own).

More details below . . . .

I am (temporarily) blacklisted by Comcast

Harold June 23, 2006 February 24, 2013Tales of the Sausage Factory

Ever have one of those days when your paranoid fear seems to be happening. You know, like the guy behind you in the dark suit and mirror shades really seems to be following you?

Yesterday, just after the Senate Commerce Committee voted to delay debate on net neutrality and program access until next week, my emails to Comcast subscribers started bouncing. The bounce message informed me I was permanently blacklisted [i.e., blocked] as a “spam source.”

A nefarious plot to keep this terribly effective and persuasive advocate from reaching The People in time to effect the Commerce Committee vote? The first step in making me an “unperson?”

Probably not, given that it got straightened out reasonably quickly and — lets face it — would do Comcast more harm than good. But it was sufficiently unsettling that I have to ask again, even more strongly than before, why would we want to live in a world where Comcast or any other provider has no need to fix the problem, because we’ve eliminated all the rules?

Full story below . . . .

Yet Another Amazing Esme Conference Comes To a Close

Harold June 21, 2006 February 24, 2013Tales of the Sausage Factory

Sorry to go dark for so long. As future posts will explain, it’s been a busy time and likely to get busier.

One thing keeping me busy has been my presence here at Esme’s latest conference on muniwireless broadband. In addition to time with the fabulous Esme herself a number of very cool people are also here.

The conference has morphed quite a bit since I attended the first one below. My brief reflections (and what it means for the muniwireless industry generally) below.