Tales of the Sausage Factory:
I Am Pleasantly Surprised By Comcast Complaince, But Am Still Nasty And Suspicious By Nature.

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Well, after saying that while Comcast might fully comply with the FCC’s requirement to report on September 19, but I expected them to play games instead, Comcast handed me a very pleasant surprise. Not only do they appear to have made a thorough disclosure of their current network management practices and their future network management plans, not only have they submitted the required compliance plan with benchmarks, but they actually served me with an electronic copy. As I pointed out last time, this last was not required but is generally good form.

The downside, of course, is that I must go and actually read the filings. That nasty suspicious nature they beat into me at law school rears its ugly head again. Still, it’s a “problem” I enjoy having so I can’t really complain.

But it looks like Comcast has decided that its best interest lies in complying and getting this behind them (with the exception, of course, of the Petition for Review). While I am by no means ready to lower my guard and drop my own Petition for Review (that nasty suspicious nature again), I give credit where it belongs. At first glance, Comcast appears to have complied as thoroughly as I could wish. Assuming this bears out after proper verification, I hope I am pleasantly surprised a second time when Comcast complies on schedule.

Stay tuned . . . .

My Thoughts Exactly:
NPR takes its cue from Howie Carr: Blame it on the Negroes!

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The other day I was listening to the exasperating Howie Carr’s talk show. Carr is a Boston-based populist Republican who purports to be an Independent. Like all Republican talk-show hosts, he’s an asshole. However, he does have his good points. For one thing, he took on the corrupt and dangerous Bulger brothers, risking his life to do so (Whitey Bulger is the model for the Jack Nicholson character in The Departed). For another, Carr, who is Catholic, took on the Catholic Church over the child rape scandal and helped drive Cardinal Law from our shores. And finally, he is relentless in exposing corruption and hypocrisy among Democrats in office, especially those in state or city offfices. In a corrupt one-party state like Massachusetts, this is a valuable service.

But he’s basically a Republican shill, and his commentary on the Big Shitpile crisis has been horrible. Last week he was going on and on about how the problem was that so many mortgages had been written for poor people in innner cities (Black people, that is, by obvious implication) who got in over their heads and defaulted, so now banks were failing and Wall Street could collapse, taking our whole way of life with it. And all because of the Negroes! And the Libruls, of course, who forced the banks to make these loans by way of “anti-redlining” laws promoted by Joe Kennedy and his ilk.

And I heard similar stuff on National Public Radio yesterday.

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My Thoughts Exactly:
Ayn Rand in Heaven

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Ayn Rand was a muddle-headed thinker who wrote wooden prose, “novels” that were really merely polemics .1 She maintained the beliefs that all wealthy people merited their wealth, that all poor people merited their poverty, that selfishness was a virtue, that the myth of Robin Hood was pernicious because Robin Hood stole from the rich and gave to the poor. Because she did not believe in history (or complexity or nuance), Rand did not count as important that Robin Hood lived during feudal times. In her philosophy, it does not matter to her how wealth and poverty were distributed in feudal times, nor how the wealthy got wealthy. Her fictional world is ahistorical. In her world, government is synonymous with force, but in her worldview, the only legitimate use of force is to take from the poor and give to the rich. She loathes democracy and thinks well of plutocracy. The current Bush/Cheney government of plutocrats would be very much to her liking, I think.

She is a high priestess in the Cult of the Market Gods.

Ayn Rand’s writing is known be esteemed by, among others, Alan Greenspan (“the whore”, as my father calls him), and by impressionable teenage boys with little social success. I don’t know if Dick Cheney is a fan of Rand, but he is the epitome of a Randian hero.

Anyway, Rand is dead, presumably in Heaven. From whence she must be beaming down upon us with great joy at the developments of the past few weeks, when a hundred billion dollars was taken from the treasury and given to the investor class, all in the name of “stabilizing the market” (Market gods angry! Market gods want eat money! Must feed market gods! Paulson! Bernanke! Feed market gods more money! Now!) The wealth transfers of the “Resolution Trust Corporation” bailout of the S&Ls under the Reagan regime, the Bear Stearns and Fannie Mae/Freddy Mac handouts of more recent times were as mere hors d’oeuvres before the meal of the Great Investor Class Bailout of 2008. It’s about time for a Randian beatification or maybe even apotheosis, wouldn’t you say.

UPDATE: I forgot to include a link to this diary entry over on Daily Kos, which got me thinking. I agree with the post 100%.

1. When the woman who is now my wife and I were first dating, we found ourselves talking about Ayn Rand novels one afternoon. I had read Atlas Shrugged and one or maybe two others, but not The Fountainhead. She summarized it for me in one memorable sentence: “In this one he’s an architect.” Really, if you’ve read one of her novels, you’ve read them all.

Tales of the Sausage Factory:
What Will Comcast Do Today? First Compliance Check On Comcast/BitTorrent Order.

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Back on August 20, the FCC released its Order resolving the complaint against Comcast for blocking P2P protocols. As part of the remedy, the FCC ordered Comcast to provide a full report on its current “network management practices” within 30 days, along with a transition plan for how it intended to manage traffic after it discontinued its current practices. The FCC then invited Free Press and anyone else interested to keep a sharp eye on Comcast.

Comcast has sworn up and down that it will comply with the FCC’s Order and it is only appealing in the D.C. Circuit as a matter of principle. I, nasty cynical public interest dude that I am, so doubt this noble intention that i have filed a law suit of my own to get the FCC to clamp down on Comcast now. So, here we are at last on September 19. What does Comcast do?

Comcast has a range of options. Comcast could refuse to comply, forcing the FCC to take action and potentially giving Comcast grounds to go to the D.C. Circuit for an emergency stay. I think that pretty unlikely, given what a big deal Comcast has made about complying.

Comcast could fully comply. But, to paraphrase Arlo Gutherie, that isn’t very likely and I don’t really expect it.

What I expect is for Comcast to file something incomplete, possibly with a request for the FCC to protect its proprietary data. But more likely they will file something that will be just enough compliance to present Kevin Martin with a nasty political choice: Does he enforce the letter of Order and go in guns blazing against Comcast, knowing that Comcast will make great political hay of his supposed “vendetta” against them? Or does he let Comcast thumb their noses at him and — in addition to the humiliation factor — have public interest groups question whether he really intend to enforce that end of the year deadline and thus call his hard-won consumer protection credentials into question? The situation is further complicated by the internal politics of the Commission. Whichever choice Martin makes (and he gets to make it himself, since it is an enforcement action and not subject to a vote of the full Commission), it is almost certain that two Commissioners will call him on it publicly. McDowell and Tate are almost certain to regard whatever fig leaf Comcast files as sufficient, whereas Copps and Adelstein will likely raise a hue and cry if Martin lets Comcast get away with filing an incomplete report.

As an aside, I also expect Comcast to file after close of business and to do so by hand rather than electronically, so that the content is not immediately accessible. I also do not expect to get a service copy, despite being counsel to complainants. That’s perfectly legal of Comcast, as it can take the position that this is a report to the FCC and not a pleading that needs to be served on the complainant or complainant’s counsel. But it does mean I don’t expect to see what Comcast actually filed until sometime next week.

Happily, I put my trust in the advice of the Bible and do not put my trust in princes — or FCC Commissioners. In this case, the pending Petition for Review gives us a certain leverage, and Comcast will have to consider that it will have a tough time arguing my Petition is moot and pointless when they are not actually in compliance with the FCC’s Order.

Perhaps I misjudge Comcast. It would certainly make my life easier if they just complied and filed something open that detailed their past practices and explained how they planned to go forward (including details of he 250 GB cap). In particular, I very much want to know if Comcast intends to exempt its own content from the 250 GB cap. That would be rather anticompetitive, and without any actual rational connection to the stated need to reduce last-mile congestion. Comcast originated packets running from the head-end to the subscriber take up as much capacity as non-Comcast originated packets.

See, there goes that nasty and suspicious mind of mine again. Still, I hope I’m wrong and Comcast comes clean.

Stay tuned . . . .

Tales of the Sausage Factory:
This Is Ready From Day 1?

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In his most recent emphatic response to the financial crisis that cannot in any way be blamed on the former Chairman of the Senate Commerce Committee (because really, it was those bozos over at Banking, Housing and Urban Affairs and possibly the folks over at the Judiciary’s Subcommittee on Antitrust), former Deregulator turned Regulatory Hawk John McCain told a cheering crowd of supporters that if he were President he would fire SEC Chairman Christopher Cox.

“The chairman of the SEC serves at the appointment of the president and in my view has betrayed the public’s trust,” McCain said. “If I were president today, I would fire him.”

Firey, determined, definitely a stern rebuke to the Bush Administration and its lackeys who — although confirmed by McCain and the rest of the Republican Senate back in 2005 despite nasty bad bad partisan allegations that Cox had been involved in some shady investment schemes — certainly have nothing to do with McCain the Reformer!

Except, of course, that the Chairman of the SEC does not serve at the pleasure of the President and cannot be “fired,” only impeached by Congress. The President can “demote” Cox by redesignating someone else on the Commission as Chairman — which would probably prompt a Chair to resign before letting that happen. But still, saying you would fire someone you have no authority to fire? This is ready from Day 1?

I suppose I could give McCain the benefit of the doubt and assume he knows the actual law, and that he was just shorthanding “I can’t actually fire him, but I would certainly embarrass him and harass him out of a job faster than a Wasilla Librarian who refused to censor books!” To the more dramatic “I would fire him and then be all embarrassed when I was told I can’t actually do that.” But either way, it’s a pretty stupid response when McCain spent all his time as Chair of the Commerce Committee perfectly happy with the way the SEC regulated the financial sector. (I know, I know, wrong committee, not my fault . . . .)

Stay tuned . . . .

Tales of the Sausage Factory:
McCain Invented the Blackberry? Maybe Not, But It May Make A Good Symbol.

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I know that staffers often feel intense loyalty to their bosses, but can we please try to keep the hero worship to a minimum? Otherwise, you end up accidentally making the other side’s argument.

According to this story, Douglas Holtz-Eakin, a top McCain policy adviser, held up his Blackberry and told folks: “You’re looking at the miracle that John McCain helped create.” Mind you, Reasearch In Motion is a Canadian company. When sold in the United States, it requires a contract with a wireless carrier. Each carrier controls which models it will permit on its system and what applications it will permit to run.

Or, in other words, the “miracle” is that we not only limit the development of technology in this country and force our hi-tech jobs to other countries, we actually allow a handful of wireless carriers to break the technology, limit it further, and jack up the price. This was probably not the miracle that Holtz-Eakin had in mind.

Still, the voter interested in tech policy and following up on the “McCain Miracle” for wireless would do well to visit the Blackberry Website. Notice how many models Blackberry makes? What applications it can run? Now select country U.S. and compare carrier by carrier. The carriers you can connect to at all each have a limited set of models and applications they permit you to use. Want one of the other Blackberries? Tough. Want to run an application the carrier doesn’t like? Too damn bad. Want to bring your own device so you don’t have to pay an early termination fee justified by an “equipment subsidy?” Dream on.

McCain was quick to dismiss this fulsome praise as a “boneheaded joke.” Still, it is worth noting that I am aware of no major leadership or initiatives by McCain on tech or media issue comparable with, for example, his efforts on campaign finance reform. This is not to say McCain has been devoid of accomplishments. He deserves credit for a strong stance in promoting low-power FM and for twice sponsoring the Community Broadband Act, designed to eliminate restrictions on the ability of local governments to provide broadband services. But by and large, as reflected in his tech policy, McCain’s chief accomplishment for tech — and his plan going forward — is to not do anything and let the private sector work its magic.

If you are satisfied with the “King Log” approach to tech policy and don’t mind that AT&T, Verizon, and other carriers get to call the shots over what Blackberry and other companies can do on wireless networks, then McCain is absolutely your man. If Holtz-Eakin was trying to make the point that McCain will let wireless carriers continue to “own the customer” and control how Blackberry and other devices evolve, and we peons should be content with whatever technological “miracles” the carriers graciously allow us, then he has a point. But if Holt-Eakin was trying to say that McCain got out there, showed real leadership in the face of political presure, and established lasting policies that even his political rivals now try to embrace as their own, sorry. I lived through it, and that ain’t how it happened.

Stay tuned . . . .

My Thoughts Exactly:
Shitpile Schadenfreude

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Over on Eschaton, Atrios has been blogging about the financial meltdown for a few years now. He pretty accurately predicted just what we’re seeing now. When lazy journalists were still referring to the mess as “the subprime crisis[1]”, Atrios was referring to it as The Big Shitpile, a much better name, and running pictures from the house-of-cards like game Jenga.

Below the fold: WHEEEEEEEEEEEEEEE!!!!!!

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My Thoughts Exactly:
Happy News from the War on Terror

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Pakistan orders army to fire on US troops if they invade Pakistan again. Something about that is a little troubling to me. Can’t quite put my finger on it.

One thing I don’t understand: if the US cannot be allowed to go into Pakistan, how are they going to capture Bin Ladin the week before the election? Don’t the Pakistanis know how important this mission is to John McCain the free world?

Tales of the Sausage Factory:
The FCC and the Flying Purple People Meter.

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O.K., technically, it is the Arbitron Portable People Meter (PPM). For those unfamiliar with this issue, Arbitron has rolled out a a new technology it claims will more accurately measure radio audience share. Many folks in the minority community think that the PPM undercounts minority listeners and has serious flaws in its technology. This later claim, at least, is circumstantially supported by the refusal of the Media Rating Council to certify the technology for use in some markets (but apparently permitting it in others). But since the MRC will not disclose the reasons for its refusal, and neither will Arbitron, no one can say anything for certain.

As an aside, I’ll bet it also undercounts low-power FM stations as well. I also have to wonder whether it counts the new digital stations for radios that have converted to digital. But I haven’t made a study of this and only minority broadcasters and organizations concerned with broadcast diversity have raised the issue in a major way.

You may think, “what’s the big deal?” Well, not only does millions of dollars in advertising ride on this, along with major decisions on programming, format, etc., but so does federal policy. Since we have basically outsourced all significant information gathering on mass media (because the private sector is so much more efficient and why would an industry reporter ever have incentive to manipulate the information?), the FCC now relies on Arbitron ratings for a wide variety of ownership rules and policy decisions. For example, the FCC rules prohibit the top four rated broadcast television stations in any given market to merge.

So the FCC has put out a public notice in response to a Petition for an investigation filed by a coalition of minority broadcasters and the Minority Media Telecommunications Council (MMTC) called the PPM Coalition (PPMC). (you can download the Petition here). The FCC can, of course, investigate anything it wants — especially where its rules rely on the validity of the Arbitron rating system. But does the FCC have authority to do anything about Arbitron’s roll out of the Portable People Meter?

Well, if you believe in FCC ancillary authority, then the answer is probably yes. Arbitron and its rating system are clearly ancillary to a variety of FCC statutorily mandated goals. And if the FCC can require Best Buy to put a big sign next to any analog-only televisions saying “Will Not Work After February 17, 2009,” they can require Arbitron to show they are counting everybody. OTOH, if you don’t believe in ancillary authority, it becomes a heck of a lot harder.

Still, as the study itself demonstrates, there is value even in investigation by the FCC and getting the FCC to issue some kind of report. At some level, Arbitron does have to care if people buying advertisements consider its products reliable. It would be even more embarrassing if the FCC concluded it would no longer rely on Arbitron data — something it clearly has the right to do regardless of any authority to directly regulate Arbitron. By contrast, if the FCC gives Arbitron a clean bill of health, it may not satisfy the PPMC, but it will enhance Arbitron’s claims of reliability for the broader market.

Credit to the FCC for getting this out on notice quickly. We’ll just have to see what comes of it.

Stay tuned. . . .