Inventing the Future:
Disclose This

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When one of my children was learning to speak and to control the world around her, we told her that some behavior was a good idea. (I don’t remember what the behavior was.) She declared, “I do not like this good idea!”

As a software developers, I have ideas all the time, and I think some of them are good and would help people. I don’t want some corporation preventing others from using those ideas simply because they don’t like for others to do so. What would happen to software patents and business process patents if there was prior art in the blogosphere? We now live in a time where every utterance is available to others, and I’d like some good to come of that. So here are a bunch of ideas that I might like myself and everyone else to be able use in the future.

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My Thoughts Exactly:
When Flounders Unite, or I’m a “well-known author”

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Got this note a few days ago from a friend  — the fan of my books I mentioned in a recent post who treated me to dinner in St. Louis:

My grandfather defined “well known” as meaning that everyone who knows you, knows you well…

I was talking to a colleague in my latest venture, the other day, while we were both in Boston for a meeting.  Somehow it came up that I’d worked at the Mill.  She said “Oh!  If you’ve worked there, there’s a book you should read!”.  I said: “I’ve read it”.  She said, “Oh, no, this one is hard to find”.  I said: “… and it was written by my pal John Sundman,  late of D.G., now a fireman”.  Good fun watching the jaw drop.

Apparently she knows you too: $reader2.  Best wishes from both of us.

[signed]-$reader1

In fact, I’ve also been to dinner with $reader2 –in Menlo Park, California, six years ago. Our dinner party included Dear Wife, $reader2’s husband, and KFJC disc jockey Ann Arbor, who has read portions of my novels on her legendary radio show “Dancing in the Fast Lane.”  (I got in touch with $reader1 after she sent me a check in the mail for 9 autographed copies of Acts of the Apostles to give to her friends — that’s how much she liked it.  (Buy ten books from me, and I’ll get in touch with you, too! Maybe we can go out for dinner sometime!) I don’t recall how Ann Arbor & $reader2 became friends.  I vaguely recall that my books were the catalyst, but I’m not sure about that.)

It is nice to be “well known” as a writer, to have passionate fans who become my friends. And it’s fun when people meet & randomly discover they share an interest in my books. I kinda wish the fan club had a few more members, but hey, as Ray Davies murmurs on “Muswell Hillbillies”, the best Kinks album ever, “it’s so lovely to be wanted. . .”

(In preparing this little post I wasted an hour trying to find a youtube clip of Rocky & Bullwinkle where Rocky finds a message in a bottle and Bullwinkle says “Fan mail from some flounder?” and Rocky says, “No, this is something really important!” before they cut to a commercial. Anyway, that’s it for me in this sketch. For something really important you’ll probably have to wait for the next post from Stearns or Harold.)

Tales of the Sausage Factory:
Can People Please Stop Pretending That DoJ is Going To Settle in AT&T/T-Mo?

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It’s been a rough day for those who continue to hold the belief that DoJ and is really planning to settle with AT&T, or that AT&T’s mighty lobbying machine can bring the Antitrust Division to heel. First, White House Chief of Staff Bill Daley, appears to be losing influence. That’s important because cynics and true believers in the unbeatable awesomeness of AT&T’s lobbying have often pointed to Daley’s ties with the business community (and AT&T specifically) and cast him in the role of white knight for AT&T.  With Daley apparently in fade out mode, that seems rather unlikely.

But more importantly, at an unrelated hearing, Senator Herb Kohl (D-WI), Chair of the Judiciary Committee, asked Holder whether DoJ was “in it for the long haul.” Holder was about as aggressive as he could possibly be without challenging AT&T CEO Randal Stephenson to ‘meet him outside in the parking lot after the hearing and settle this one-on-one,’ and committing to “do to AT&T and Deutsche Telekom what Joe Frazier did to Muhammad Ali in Madison Square Garden – win a unanimous decision!” According to Reuters, Holder told Kohl that “people in the antitrust division are committed to seeing this through. There is a trial team in place and they are ready and eager to go to court.”

No doubt DT will continue to tell European analysts that Eric Holder is “such a flirt” and this is how we negotiate settlements here in the United States.  I also expect that a hardcore contingent will just never believe that AT&T can’t get what it wants in DC by spreading enough PAC money around and rounding up a few more endorsements. But anyone looking at this ought to realize that AT&T is wasting its money on all those commercials promoting the benefits of the merger to try to force a settlement.

AT&T can still prevail in court (although as I noted here and here, events of last week do not inspire much confidence on that front). But anyone thinking AT&T can avoid a trial really needs to wake up and smell the coffee. At this point, either AT&T and DT figure out how to unwind the deal, or bet the long odds that they can prevail. If I were an AT&T or DT stockholder I would definitely prefer Option 1. But as long as AT&T and DT management can spend money that’s not theirs, they will continue to hold out for a miracle.

Stay tuned . . .

 

Tales of the Sausage Factory:
The Sprint/C. Spire Skirmish: AT&T Loses Ground While DoJ Gets A Roadmap

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Any tactician knows that battles can be won or lost by defining the battlefield. Skirmishes like the fight over whether Sprint and C. Spire (formerly Cell South) can go ahead with their private lawsuits against AT&T’s acquisition of T-Mobile help define the terrain for the bigger fights to come (order here). By ruling on what constitutes a recognizable injury under the antitrust rules and making preliminary determinations about the nature of the market, the Order sets the boundaries of what arguments DoJ can make and what it will need to do to prove its case. Where AT&T manages to have certain market definitions locked in and certain potential injuries excluded as not cognizable under antitrust in these early rounds, it gains an advantage. By contrast, where the court rejects AT&T’s efforts to limit the scope of the review by adopting different market definitions or recognizing certain injuries as addressed by the antitrust law, DoJ gains an advantage.

Both Sprint/C. Spire and AT&T claimed victory after Judge Huvelle issued her decision Wed. evening – Sprint/C. Spire for staying in on some claims when AT&T had said they would get thrown out, AT&T on the basis that “most” of Sprint and C. Spire’s claims got dismissed and what remains doesn’t matter. But everyone knows this is just a skirmish in the big battle between AT&T and DoJ. So, setting aside who won or lost this particular round, how does this position AT&T for the real fight?

More below . . . .

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Tales of the Sausage Factory:
Why DoJ’s Win Against H&R Block Is Bad News For AT&T/T-Mo.

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The Department of Justice Antitrust Division (DoJ) just won its lawsuit to block H&R Block from acquiring its smaller, “maverick” competitor Tax Act. Even with the actual Order sealed for a month to let parties scrub out the trade secrets, a few important things stand out for why this is good news for DoJ in its lawsuit to block AT&T taking over T-Mo. In sports terms, this is like DoJ having a super strong exhibition season going into the regular season of play. While you still need to play the games to see who wins, anyone facing them ought to be worried.

My major takeaways from what we know so far below . . . .

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Tales of the Sausage Factory:
Obama finally Nominates Rosenworcel and Pai: Can They Get Confirmed Before The FCC Drops to 3?

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The White House finally confirmed what everyone in the D.C. telecom world has expected for months. Obama officially nominated Jessica Rosenworcel to replace outgoing FCC Democratic Commissioner Michael Copps, whose term expires when Congress adjourns, and Ajit Pai to replace Republican Commissioner Meredith Baker, who stepped down last March. Both have considerable experience at the FCC, giving them understanding of how the agency functions in a very nuts and bolts kind of way. Both have broad experience with a range of communications issues, and no particular ties for/against any particular industry sector or company.

In short, both are “workhorse wonks,” with a proven track record of digging in on the complex issues that make this sector such a joy for those of us who like wonkiness and tough questions and such an eye-glazing, mind-numbing experience for those who don’t. While no one can say with any certainty what happens in this crazy and poisonous partisan environment, which every day comes more closely to resemble the delightful fable of the turtle and the scorpion crossing the river, their nominations should raise little controversy. Hopefully, the Senate will confirm both before the end of the year, when the FCC will otherwise drop down to 3 Commissioners.

For those unfamiliar with how this works, or with the candidates themselves, I provide a primer below.

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Tales of the Sausage Factory:
A Personal Reflection on the FCC’s USF/ICC Reform Order

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A Personal Reflection On The FCC’s USF/ICC Reform

Yesterday, the FCC approved an Order addressing about 10 years of accumulated undone work in the telecom world and at least starting work on the more serious issues – such as interconnection for IP-based services – that will govern the next ten years. I have, no surprise, plenty of personal opinion about the substance and I expect that when the Order is published I will have my share of things to say and that some of them will be quite scathing, skeptical and snarky. Nevertheless, it is important to pause first and reflect on why yesterday’s vote represents a real accomplishment for Genachowski and the Commission. Similarly, it is important to appreciate the context of the Order and the limitations on the agency imposed by law.

None of this negates the very real and substantive criticisms that I and others will have – particularly with regard to the self-inflicted wound over the FCC’s legal authority. I have no delusion that hard work and good will somehow transform poor policies into better ones. My appreciation for what the agency did right and its limitations under law do not blind me to the part that political influence plays, nor does it somehow make it more palatable to those who feel that the outcome will make jeopardize their livelihoods or that we missed significant opportunities to do better.

But it is just as poisonous to public policy when we focus only on its flaws and failures as when we excuse them. It is not simply a matter of basic fairness, or that decisionmakers are human beings who do better when praised for what deserves praise. I believe failure to recognize the achievements and limitations of the policy process makes one a less effective advocate and prevents one from seizing opportunities when they arise. This is neither bogus pragmatism that counsels surrender and diminished expectations, nor delusional Pollyannaism that insists we live in the best of all possible worlds. The world is messy and complicated, and policy reflects that.

So, all that said, the accomplishments and context of the Order below . . .

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Tales of the Sausage Factory:
Comcast Unhappy With Free Market Title I Nirvana. Demands “Access Charges Bailout” But No Reg Oversight.

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It says something about the messed up world of telecom today that the “Connect America Fund” the FCC will vote on tomorrow has become the “what the heck are we going to do about IP-based interconnection” proceeding. In particular, the rather high-profile spat between AT&T and Comcast (andother cable companies) over access charges illustrates exactly the kind of cosmic cluster#@$! we predicted would happen if the FCC failed to classify broadband as a Title II telecom service. AT&T is100% right on the key argument: Comcast has the access charge regime it fought for and deserves. Letting Comcast collect access charges as if it were a traditional telecom provider subject to Title II, while shielding it from any actual oversight or obligations as a Title I information service, is nothing more than an undeserved windfall to the company that tore up the social contract in the first place.  If they don’t like the outcome, then perhaps they should have thought about it before they declared Jihad on Title II.

More below . . . .

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Inventing the Future:
( )

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Jobs. Ritchie. McCarthy. What’s God up to? When do you think it will be out?

The 40th Anniversary of Lisp was 13 years ago. I remember being mostly relieved that the old man didn’t attend my presentation, as it wasn’t really very good. But I’ll remember McCarthy. I haven’t programmed Lisp on a computer in a decade, but I still think in it. About a week ago, I had a sudden urge to play with it again. Here’s the coolest thing I ever wrote in any language, with comments removed. It’s sort of a y-combinator for a fixed-point of three levels of eval/apply.

(defmacro eclipse::WITH-UNIQUE-NAMES (vars &body body)
  `(let ,(loop for var in vars
	       collect `(,var (make-symbol ,(symbol-name var))))
     ,@body))

(defmacro eclipse::REBINDING (vars &body body)
  (loop for var in vars
	for name = (make-symbol (symbol-name var))
	collect `(,name ,var) into renames
	collect ``(,,var ,,name) into temps
	finally (return `(let ,renames
			   (eclipse::with-unique-names ,vars
				`(let (,,@temps)
				   ,,@body))))))

Tales of the Sausage Factory:
What Is It About Germany That Makes AT&T Allies Speak Truth? The Curious Case of CWA’s Larry Cohen.

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I know, even I am getting bored with blogging about AT&T/T-Mo. It is so bad that I keep hoping I will have time to blog about USF before the FCC votes this Thursday. But the latest slip by Communications Workers of America (CWA) President Larry Cohen that AT&T has only a 20% chance of succeeding in its takeover of T-Mobile, followed by subsequent “clarifications,” is simply too ridiculous and absurd to let slide into obscurity without some passing snark.

More below . . . .

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