2.0 Sees the Light of Day

Sorry for going dark for a bit. I’ve been working on our 2.0 version. You gotta love it when you work way hard and it’s way fun. But:

  1. I’ve had no time to write.
  2. I couldn’t write about what I was working on (until now).

I’ve got lots to babble about now and will do so soon, after a bit of rest. In the mean time some other folks’ take: Reuters (press release), Culture of Collaboration (blogger’s tight overview), Virtual World News (nice summary representation).

If I Love The FCC's Comcast-BitTorrent Order So Much, Why Did I Appeal It?

So last Friday, Media Access Project filed 3 Petitions for Review asking the federal courts to order the FCC to order Comcast to stop blocking p-2-p immediately. None of this wait until the end of the year crap. We filed on behalf of Vuze.com (in the Ninth Circuit), Consumers Union (Second Circuit), and PennPirg (a member of Consumer Federation of America) (Third Circuit).

Comcast, for its part, filed in the D.C. Circuit. I have not heard of any other filings, but it is possible.

More details, and what comes next, below . . .

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700 MHz Aftermath: Assessing A Rather Complicated Result — But Not A Disaster As Some Maintain.

The intervention of the Jewish holiday of Purim, which is celebrated by getting drunk until you cannot tell the difference between Verizon winning the C Block and Google winning the C Block, kept me from posting sooner. I would have held off until I could give more details, but there are so many people rushing to call it a disaster that a few words need to be said here.

O.K., Google didn’t win, but Echostar did, giving me a .500 batting average in prophecy against the conventional wisdom. I’m not covinced that Echostar winning gives us a third pipe (Martin’s suggestions about combining this with other spectrum assets to the contrary). But even if not, it is important for keeping Echostar competitive with cable and with DIRECTV (which will have an advantage in programming assests). I shall try to do a more detailed analysis of Echostar and what the E Block does for them in a future post.

It is also interesting to note that some non-incumbents like Cavtel picked up licenses, although I am not as enthusaistic about this for competition as Martin was at the press release.

That said, I do not see how the rules could have been structured any better without barring Verizon and AT&T from playing. While we might have done better for new entrants after all with smalled licenses rather than REAGs, as demonstrted by Echostar doing an end run to assemble a near national footprint after they begged and pleaded to have the FCC offer a national license, I can’t say for sure (I’ll have a longer discussion on this later, and I expect Greg Rose will have some things to say on his blog once he has crunched the numbers). My preliminary conclusion is that Verizon (and to a lesser degree AT&T) was simply determined to get the spectrum it wanted and did not let anything stand in its why. The fact that Verizon paid $9 MHz/Pop for a B block license for Chicago, and that Verizon and AT&T spent over $16 billion of the approximately $19 billion raised should tell anyone who cares about the reality all they need to know. Verizon and AT&T were not “bargain hunting.” They were at each other’s throats and cutting out anyone who dared to get in their way. The only way to stop them was to keep them out entirely, and there was not a heck of a lot of support for that from the Hill or at the FCC beyond the Dems.

I think Commissioner Adelstein gives a fair assesment when he says we won on revenue and openness and lost on diversity and competition. But again, the only way we could have done any better was by adopting auction rules that banned Verizon and AT&T from playing and by using aggressive means to address minority and women ownership (as MAP requested as early as March 2006). Perhaps now Congressional Democrats will add their voices to those of Commissioners Adelstein and Copps on restoring the minority bidding credit and supporting incumbent exclusions or — at a minimum — restoring the spectrum cap.

As it was, thanks to anonymous bidding, Echostar was able to do an end run and acquire a national footprint — something previously denied to it in the AWS Auction in 2006. And, while AT&T and Verizon got most of the licenses, they had to pay through the nose to get them — rather than sopping them up dirt cheap as happened in the AWS auction (where licenses equivalent to the A & B block licenses went for 45 cents MHZ/pop not $9 MHZ/pop). This auction attracted more new bidders and more minority bidders than previous auctions, so the field was ripe for a success on these fronts. But they were simply outspent by Verizon and AT&T.

To conclude, unlike the utter failure of the AWS auction (which everyone else hailed as a success — despite the incumbents winning more licenses for less money), this auction produced some very positive results. But it also shows us the limit of what purely competitive auctions will do. Neither this auction nor freeing more spectrum for future auctions, on their own, will provide us with a third pipe or introduce new competitiors in wireless. The advanatges enjoyed by incumbents in a relatively mature industry (as opposed to back in the early/mid-1990s when the first auctions were conducted) are simply too great to overcome just by “leveling the playing field.”

Finally, one last question remains: Why didn’t Qualcom drop their bid on D Block? Why did they tie up all that eligibility, instead of using it to go after more E Block licenses? For us spectrum geeks, this is the equivalent of asking Why did the Minbari surrender at the Battle of the Line (best answer from a friend of mine: “turns out Echostar bidders have Qualcom souls”). Did Qualcom hope they could keep the D Block for such a low price? Did they wish to avoid a penalty for dropped bids by the time they realized no one would bid on D Block? Hopefully, we will find out.

Stay tuned . . . .

Senator Durbin Consults With the People

Tonight, and for the next several days, Senator Richard Durbin (D-Il), the #2 man in the Senate, is conducting an experiment in direct democracy and taking a bit of a risk. He will spend the next week in real time blogging over potential legislation. No carefully crafted “town meeting” or managed event, and no showing up as a walrus a la Second Life. Just a chance for people to actually hash out issues with someone who will vote on these things in the Senate.

Here is a reprint of the announcement. I will add that I will be participating as a featured blogger as part of the debate on wireless policy and munibroadband on Thursday night.

Stay tuned . . . .

Starting this Tuesday evening, July 24 and each evening this week at 7pm EST on OpenLeft.com, Senator Durbin and his staff will blog nightly on a broad swath of broadband policy issues. Based on this discussion, the Senator wants to attempt to write legislation this session. Each evening kicks off with discussion from individuals who have worked a long time on the topic of the evening, but the intent is to spur broader comment from as many as is possible. This is no meaningless exercise: it is a genuine attempt to try to open up the legislative process. All input matters in a very real way.

I’ve attached below links to the letter announcing the initiative as well as the schedule for the week. Please feel free to share it with those you think might be interested in taking part. It is my hope that those who care deeply about these issues will blog about it, point folks to our discussion, and comment themselves. We’ll also be scouring the web for other places that related discussion happens this week, so if you blog about it, please let me know so we can follow where discussion goes on your site too.

I hope you’ll join us and help to get the word out. Please feel free to contact me with any questions.

Press release: http://durbin.senate.gov/record.cfm?id=279504
Open Letter: http://www.openleft.com/showDiary.do?diaryId=318

Quick Take on FCC 3650-3700

The FCC decided the 3650-3700 Order today. You can find a link on the FCC Home page.

As is customary, the Order is not yet released, so we have only the press release to go on.

My first take is below. I know a lot of people are going to be upset that it requires licensing, but it is not a “licensed” regime anymore than a truly “unlicensed” regime. We need to keep an open mind and wait for the actual order to come out.

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