Help Stop The Merger Madness

My friends at Free Press have set up this page to file comments opposing the AT&T/BellSouth Merger and the Comcast/Time Warner/Adelphia deal.

I won’t go over old ground again in detail here. You can read why I think the FCC should stop Comcast and Time Warner from dividing up the bankrupt Adelphia cable, the disappointing go ahead from the Federal Trade Commission, and my growing hope that the FCC will impose strong conditions or kill the deal. With a deadline for the companies to walk away from the deal fast approaching, you can help push the FCC to do the right thing.

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The GAO Makes the Case for Community Broadband

Not that you would know it either from the headline or the general coverage, but the the Government Accountability Office, Congress’ investigative arm, issued its own report that makes a strong case in favor of community-based broadband and against more regulatory goodies for the incumbent telcos and cable cos. Not that the GOA intended to make that case, and they word their conclusions carefully. But dig down into the actual report and you find a lot of good stuff beyond discrediting the FCC’s rosy numbers on broadband penetration and competition.

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Debunking some Telco Disinformation.

Given the success of recent pro-net neutrality videos, it comes as no surprise that the telcos have launched their own. You can watch their cartoon on the Hands Off the Internet website (direct link here).

As one might expect from an org primarily funded by cable and telco groups, it contains a few exagerations, misstatements, obfuscations, and the occassional outright lie. My friends at Mediacitizen have written this rebuttal. Savetheinternet.org has also posted a page on the telco anti-NN cartoon, with a link to this point by point response.

But, for those readers seeking more indepth analysis of just how much nonesense the “dontreghulate.org” cartoon dishes out — combined with the trademark snarkiness you’ve come to expect here at “Tales of the Sausage Factory” — please read below. Takes me back to my old days watching Mystery Science Theater 3000.

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Last week in CALEA

(And you thought I’d given up on anything but Net Neutrality, didn’t you?)

So last week proved a busy one for the Communications Assistance to Law Enforcement Act (CALEA). CALEA requires that anyone building a “communications network” build it in such a way that law enforcement agencies (acting pursuant to a proper warrant, of course), can monitor individual sbscribers/users. Last fall, the FCC extended CALEA to include broadband access providers and voice over IP (VOIP) providers. For various reasons, this pissed me off. Meanwhile, a group of folks including the Center for Democracy and Technology and EFF Petitioned the DC Circuit to declare that the FCC had overstepped its statutory bounds in extending CALEA in this way.

Last Wednesday, the FCC issued its Second Order on CALEA, basically affirming the First Order and giving some new details (or at least it will when the text of the Second Order is released). Friday, the FCC defended its First Order in court. Reflections of yr hmbl obdnt below.

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A Network Neutrality Primer

For those just tuning in, Network Neutrality (aka “NN”, becuase every public policy deserves its own acronym) has gone from sleepy tech issue to major policy fight. So I have prepared a rather lengthy primer below for folks who want a deeper understanding of what’s happening (at least as of today, May 3, 2006).

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Stevens Bill IV –The Bad Stuff (Network Neutrality)

Finally, we get to this week’s big enchilada, Network Neutrality (or “NN,” as we policy wonks like to call it when we type it over and over and over again).

Many have opposed the Communications Enhancement Act of 2006 (COPE) because it would limit FCC authority to prevent abuses of market power by the few broadband ISPs in control of the “last mile”. Well, the Stevens Bill would not just limit FCC authority, it would eliminate it altogether. A dream for the telcos, cable cos and my opposite numbers at Progress and Freedom Foundation, a nightmare for the rest of us.

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Stevens Bill Part II — The Bad Stuff (Broadcast Flag).

Like the thin cows of Pharoh’s dream devouring the fat cows, the bad parts of the Stevens Bill overwhelm the good parts. (My, I’m feeling biblical today. Perhaps because this legislation feels like such a prelude to Neal Stephenson’s Snow Crash.)

Leaving aside the video franchising provision, which I leave to my friends at Free Press, Saveaccess.org, and Alliance for Community Media, I find the damage the Stevens Bill would do to municipal broadband and network neutrality, combined with the broadcast flag mandates, make this bill a “must kill” in its current form.

Again, because there is just so much bad stuff here, I need to break it up into different chunks. First up, just when you thought you could buy a new TV in peace — THE RETURN OF THE BROADCAST FLAG!

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Why wait for the Daily Show for Fake News?

This goes back a ways. Between vacation for Passover and the net neutrality fight, this fell a bit by the wayside. But it is still an important issue.

Back on April 6, my friends over at Free Press, working with the Center for Media and Democracy, have issued a rather stunning report on how local television stations rebroadcast “video news releases” — press releases created by corporations — as real news. For example, a “news story” about a new drug treatment may, in fact, an advertisement created by the drug company and packaged to look like a news report.

Free Press subsequently hosted a “blogger briefing” call, which you can listen to here. FCC Commissioner Jonathan Adelstien spoke. And I attended wearing my blogger hat.

My thoughts on this most recent disclosure of how pathetic our news media has become below.

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Comcast/TW/Adelphia Deal In Trouble — Update

Back in December 2005, I wrote this piece suggesting that it might not be smooth sailing for the proposed deal between Comcast and Time Warner to split the bankrupt Adelphia systems between them and achieve total cable dominance. At the time, I was a lone voice suggesting that the split at the FCC might force the companies to chose between accepting conditions or walking away, especially as Adelphia creditors demand that the parties close the deal and come up with the money.

Apparently according to this article in Variety, I am no longer a lone nut or in denial. The endless delay and the likelihood that the FCC will impose conditions (despite the party-line green light the Federal Trade Commission gave at the end of January) has a number of analysts suggesting the deal may crumble in the face of creditor concerns and possible “deal breaker” conditions on access to regional sports networks and net neutrality.

Meanwhile, Robert McDowell’s nomination as fifth FCC Commissioner, on whom Time Warner and Comcast pin their hopes to break the tie and prevent real coditions on the merger, remains stuck in the Senate. McDowell is non-controversial, but scheduling a vote remains hostage to the vagaries of Senate politics. Senators can place a hold on any nominee for any reason. McDowell has been caught up in various controversies and thus remains in limbo. Given the short legislative calendar this session, because folks want to rush back home and campaign, it is possible that McDowell will remain in limbo until the fall. Or he may get cleared by a Senate vote when they come back this week.

If you were an Adelphia creditor, would you want to bet on the timing? Or would you rather see the deal close? And that gets you fighting with TW and Comcast.

Hmmmm….. maybe the other bids weren’t so bad after all. Anything would clear more easily than this mess. And wouldn’t it be nice to get paid?

Stay tuned . . . .

Welcome Boingers and Sundry Wetmachine Virgins!

Step right this way!

If you’re looking for what Cory Doctorow calls my “gonzo hacker novels”, you are almost there. Click on the images on the top left of this page.

The creator of the illustrations for The Pains, Matthew Frederick Davis Hemming, is selling prints of the illustrations. Check out his site too!

Speaking of Cory, check out the podcasts of his interview with me:

Part One
Part Two
Part Three

If you care about holding onto democracy and yer constitutional rights in today’s modern digital-futuristic world of today, check out Harold Feld’s Tales of the Sausage Factory. He’s written a lot of good stuff lately — on net neutrality, on the new FCC chairman, on collusion in FCC auctions, on municipal wireless & democracy. . . When Harold writes something it’s usually well written, informative, funny, and very important.

If you’re a software geek, check out Howard Stearns’ Inventing the Future. Howard is one of the lead developers on the Croquet project.

Speaking of cool web n+1 software, isn’t about time that you checked out OpenLaszlo?

In conclusion, let me beg for money. Please buy one of my books (or make a paypal donation as a token of value received for the free downloads).