Tech at Night

November 20. That’s the day the Obama administration has chosen to regulate the Internet after what even The Hill calls “a partisan vote” at the FCC to pass the Net Neutrality regulations. I’m hoping Verizon and/or MetroPCS will sue and win a stay before that date, though I don’t know how likely that is for a court to act that strongly.

I’ve said much about the House and its strong opposition to Barack Obama’s regulatory overreach, but Senators are unhappy as well. Kay Bailey Hutchison is ready to fight. It looks like she will push to get the Senate to go forward with using the Congressional Review Act, as the House already did, to repeal Net Neutrality.

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Tech at Night

I’m in danger of repeating myself as the AT&T/T-Mobile saga goes on, so let me open up tonight’s post with to my latest analysis of the situation. Summary: the behavior of Sprint Nextel’s and Clearwire’s share prices, combined with Sprint Nextel’s decision to sue AT&T, should lead any observer to believe that the AT&T/T-Mobile deal benefits the 4G Internet-using public at the expense of Sprint Nextel and current market leader Verizon.

Same as it ever was, as the Talking Heads said. When Sprint gobbled up Nextel, the public gained. So, too, will the public gain if the government keeps its hands off this time.

Is Sprint in trouble? Some say yes, but the point of antitrust laws isn’t reduce competition to prop up ineffective businesses.

Help the economy, President Barack Obama. Drop the suit. Encourage your subordinates to get out of the way of job creation, innovation, and technical progress. Event the San Francisco Chronicle has run a piece explaining that.

Hearings begin September 21. Ah, government. Slow, slow, slow. Imagine life or death medical decisions in the hands of this government! Maybe they’re still trolling for some evidence that just isn’t there.

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Tech at Night

This is one of those weeks when all the important stuff happens at once, and there’s much to cover. I’ll start with the big national story. As I previously covered, The Eric Holder/Barack Obama Justice Department is coming after AT&T, using its own odd brand of economics to claim that the merger with T-Mobile would make the wireless market less competitive. When in fact, as history has shown with deals like Sprint/Nextel, prices are only going to come down as the market gets more competitive.

But, nonsensical as it is, the Obama administration is pressing on with the same tired thinking that gave us zero net job creation last month, and downward revisions in prior months. So let’s sweep around and look at what’s going on, what others are saying both about the news and about the prognosis, beyond the Culture of Corruption aspect I already covered.

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Tech at Night

As is usual, tonight I’ll give priority to the things we had posted at RedState, and mention those first. Especially My own post on the latest on the California Amazon Tax referendum, and more specifically on the plans of Democrats to nullify the constitutional referendum process, in service of their unconstitutional Internet sales tax. We need to pressure Republicans to vote the right away, at least.

We also have a post by streiff on regulation, and how we need to do something about it. He asks a great question, on the relative levels of oversight the Congress gives to the military and to the post-New Deal alphabet soup: “So why should the commissioning of a lieutenant or the promotion of a mid-grade officer merit positive action on the part of Congress but an EPA regulatory regime that seems focused on making the use of coal illegal allowed with no action?”

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In the big budget deal this year was a provision known as the Amazon Tax or the Internet Sales Tax. Officially it’s an expansion of the Use Tax. Whatever you call it, it’s an unconstitutional* cash grab, attempting to force out-of-state Amazon to pay California sales tax.

The tax has already killed businesses in California that depended on revenue from Amazon and other affiliate program hosts, who were forced to shut out California residents in response to the tax. Even though the tax itself is set to take effect January 1, out of state retailers needed to take action to protect themselves in advance. So as a result, state revenues have been reduced, not raised, by this bill. The already lagging state economy has been worsened.

So a referendum will be put on the ballot by the people, to be voted on by the people, to stop this harmful, illegal tax. It could pass, too. Early polling hasn’t been bad. So the Democrats are going to try passing a new bill, starting in the Senate, to change the tax to make it take effect immediately.

The trick is that by passing the tax as urgent, it will nullify the referendum under the state Constitution. And worse, to get support for this, Democrats have effectively bought off eBay to turn on Amazon, by making tweak to the bill to exempt eBay from having to collect tax. Convenient, huh?

So, California, it’s time to take action and defeat this attempt to nullify the referendum.

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Tech at Night

Hey look, it’s Tech at Night before midnight Pacific time. Guess who’s got two thumbs and is finishing the week early? This guy.

The FCC is creating yet more new regulations. The Obama Administration just can’t get enough of these things. I didn’t know if anyone would have noticed it happen, but The Hill caught it as well.

Meanwhile the FCC slowly moves to increase national 4G competition in America by moving inch by inch toward approving the AT&T/T-Mobile deal, over the continued whining of Al Franken. Franken says he is “very suspicious of consolidation of power.” Yet, he won’t lift a finger against large unions, and he voted for Obamacare. Hmm.

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Tech at Night

No really, Governor Haslam, you do not want to bring California taxation to Tennessee. Have you seen our unemployment? That’s why we just might defeat it at referendum.

PETA people are hijacking phones, sending malicious messages without consent, and running up text message bills. People need to be careful about what they install, but this sort of thing needs to send people to jail, as well. We don’t need more laws and regulations, we need more enforcement against the bad guys.

How badly do we not need more laws and regulations? Even the Progressive Policy Institute’s Michael Mandel thinks so, calling on the President to lead in the direction of less regulation and pro-growth change.

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Tech at Night

Hello again to those I saw in Charleston over the weekend, and hope to see you next time to those who weren’t able to make it!

While I return to California and get settled in again, it seems that some are leaving the state for good, and the hostile business climate is why. This includes the punitive Amazon Tax which has made it impossible for Amazon and others to host affiliate programs in California, destroying small businesses, slashing profits, and killing jobs. And this is a story we’re seeing again and again, up and down the state. New and higher taxes, even of the unconstitutional variety, kills jobs.

So my message to Tennessee’s Governor Haslam is don’t do it. Don’t be like us. Create a job-friendly environment, or you will only compound whatever revenue problems you have.

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Tech at Night

South Korea has Net Neutrality activists in an uproar as, guess what? The government is considering asking a high-bandwidth Internet service to pay its fair share for the government-subsidized Internet in the country. Just more proof that when the radicals say “Net Neutrality,” they really mean “free stuff paid for by the taxpayers.”

The radical left’s push for freeloading continues in America too, as Public Knowledge insanely campaigns against 4G wireless Internet. Why? Because providers are making you pay for what you use. Clearly, paying for what you use, according to the principles of freedom of enterprise, is unacceptable to any committed socialist.

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Tech at Night

I’ve been warning for ages that Universal Service Fund reform was coming, and that it would end up as an Internet tax. Well here we go: Plans are afoot. Oddly enough though, people seem fine with the America’s Broadband Connectivity Plan, which so far seems to be a plan to redirect funding toward greater Internet access. Free State Foundation is fine with the plans so far. IIA supports it. Greg Walden and Lee Terry are saying positive things.

I still worry that a new tax will spring up here somewhere, but if it doesn’t, then maybe we’ll dodge a bullet.

Speaking of bullets though, Dick Durbin’s trying to fire another one at our already shaky economy. Amazon supports it, but only because they want the states off their back. I oppose it. No new taxes. And sorry Charlie (Dickie?), but sales taxes on interstate commerce are most definitely a new tax.

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Nima Jooyandeh facts.