Sorry but Monday night I plain forgot to post. So I just have twice as much stuff to discuss tonight is all.
Arguably the big story right now is what to do with the D Block. The D block is one of five pieces of the old television spectrum that is now freed up for new uses since we’ve gotten television broadcasts moved into a new, narrower range. However back in 2008 we tried to auction it off, but got no takers. I agree with the plan to give it to public safety groups, learning from the lessons of 9/11.
One interesting aspect of the issue is how it all relates the the FCC. If we move forward with the D Block resolution through legislation, then we take it away from the regulators. We can likely get broad bipartisan support for that even, because who wants to argue against first responders and post-9/11 recommendations? The FCC recognizes this threat, too, which is why the FCC on the 25th strained its arm patting itself on the back in some press releases.
Continue reading »
The big story as we close out this week is Verizon appealing the FCC’s Net Neutrality order. Verizon is choosing to go back to the DC Circuit Court of Appeals, the site of the last Net Neutrality legal fight. That was the Comcast v FCC case, lost by the FCC because the FCC simply doesn’t have the legal authority to do it. Some say it could set up the FCC for another loss for Net Neutrality II to be fought out there.
In fact, Verizon is doing all it can to get this decided the right way. Verizon is arguing the DC Circuit is the only place this should be resolved, on the grounds that the FCC is essentially modifying Verizon’s wireless spectrum licenses. Clever. Also interesting is the request that the Comcast v. FCC panel be assigned to this appeal, on the grounds that the judges involved won’t have to waste time getting up to speed on the issues. A friend told me Verizon had some clever lawyering going on with this. Not being especially familiar with regulatory litigation, or even a lawyer at all, my ability to judge that is limited, but what I’m reading suggests it’s true.
Continue reading »
I didn’t expect this until later this year, but it’s happened already: Verizon is suing the FCC over Net Neutrality. Verizon is taking the case directly to the DC Circuit Court of Appeals, which is contrary to the FCC’s published advice on venue shopping of course, and returns the fight to the place where the FCC lost last time in Comcast v FCC.
I will have more to say on this after I study what I can find on the details, but this is big. Congressional Republicans led by Fred Upton have already come out in favor of the action, and The Hill says this to sum it up:
Verizon’s appeal listed four grounds for the challenge: the order is in excess of the FCC’s statutory authority; it is arbitrary, capricious and an abuse of discretion within the meaning of the Administrative Procedure Act; it is contrary to constitutional right; and it is otherwise contrary to law.
I’m glad to see they’re shotgunning the reasons to toss it, because I imagine anyone of them will put the FCC in a bad spot, should the courts agree.
I went ahead and took Martin Luther King day off, so it’s a double dose of stories to cover tonight. Though first, in case you missed it, make sure to see my post today on Marsha Blackburn‘s call to action against stifling, destabilizing Internet and technology regulation.
Other than that, the big story this week so far has been the FCC finally approving the NBC Universal/Comcast merger. I don’t even know why the center-left is even supposed to be worried about that merger at this point. After all, they passed Net Neutrality, right? Anyway, it’s a real shame that this approval has only come with a number of special set asides for left-wing causes, but as I’ve said before, I’m guessing the shareholders will take what they can get after all of this delay.
Of course, the neo-Marxists are sobbing hysterically about this development. Let’s all pause, lower our heads, and take a moment to laugh at Free Press’s Josh Silver.
Continue reading »
Marsha Blackburn, Republican of Tennessee, has put out a two pronged announcement of what America needs conservatives to achieve when it comes to the the Internet, new technologies, and the regulation of them all. It’s fun to watch just how strong she’s come out on these critical issues.
First she had a very well-written piece in the Washington Times explaining how the Internet and related tech issues have gone from a “niche in public policy” to being essential “to keep America free and prosperous.” She gives a great overview of the problems with the FCC and Net Neutrality, then goes on to explain how she, Fred Upton, and other Republicans can do something about it. It’s worth a read, or a link, if you ever need a summary of where we stand today.
The big story though came the next day, when she gave the keynote address to the State of the Net conference held by the Congressional Internet Caucus advisory committee. That’s where she drew the line, bright and clear.
Continue reading »
Republicans are eager to get to work against the President’s regulatory bypasses of the last two years. Cliff Stearns promises “aggressive and rigorous” oversight of Internet, Energy, and Obamacare, says Hillicon Valley. As the Chairman of the Oversight and Investigations Subcommittee of the House Energy and Commerce Committee, that’s no idle threat.
Meanwhile Energy and Commerce Chairman Fred Upton is looking forward as well as backward, by looking to guide the FCC proactively on the issue of increasing the wireless spectrum available for Internet access. I think it’s usually better when legislators lead rather than letting those unelected, unaccountable regulatory bodies go off on their own, so I’m glad of this.
Continue reading »
Good evening. The Communication Workers of America are making a cowardly little statement in favor of Net Neutrality, as they simply must be team players even though they know the radical left’s agenda threatens to kill their own jobs, but for the most part the left still wants to move on from Net Neutrality. There are good reasons for that.
First, one of our predictions from before is already coming true. They’re coming after content, already. Louise Slaughter is pressing the FCC to institute a sweeping campaign of censorship online. Free Press is on the case, too. Speech that regulators disfavor must be “curbed,” she thinks. Remember when we were assured that the FCC should show “forbearance,” and that the FCC’s Net Neutrality power grab wasn’t a free speech issue at all, but just a network management issue? Of course. Of course.
Continue reading »
Net Neutrality (which Mike Wendy calls a “Private Property Slap-Down”) may not be any longer the top issue on the Obama administration’s side of things, but questions still remain. And the funny thing: all the Net Neutrality advocates in the world working in the White House were no big deal. But all of a sudden it’s a concern that a former AT&T President going to the White House is a problem.
But yes, the FCC wants to change the subject. Now suddenly the press is to open up more bandwidth for wireless Internet access. Funny, I was assured during the Net Neut debate that wireless access didn’t effectively exist. Now the FCC wants to expand it. More spectrum isn’t necessarily a bad thing, but we do have to watch how it is acquired.
Continue reading »
Ah, 1am. I spent a few hours this evening working on some math, and now suddenly it’s the middle of the night. So as I say all too often in this space, I’m going to make it quick.
While Fred Upton and his committee arrangements are so important to our coming fights against the EPA, the FCC, and of course the coming Obamacare apparatus, it’s also true that other Republicans can and will play roles in this fight.
Marsha Blackburn is one of them. She’s introduced the Internet Freedom Act, written to take back from the FCC the powers it’s unilaterally decreed itself to have over the Internet.
Continue reading »
The new Congress is in session, and while some people are supremely interested in badmouthing the new Republican leadership, I’m more interested in trying to work with the Republicans to oppose the actual bad things being done by the Obama administration. I don’t have time to complain about past votes. Because guess what? Republicans who were previously bad under the Democrats can turn out good now that we’re in charge.
Because the fact is, the new, unprecedented, illegal Net Neutrality regulations are in fact a confused mess. In particular, the rules on paid prioritization on the Internet are so muddled that the whole thing is probably going to get tossed as soon as the FCC tries to stomp the boot of regulation onto anyone (which might be Comcast, because everyone knows the Democrats hate Comcast and the radicals are still going to be fuming about the NBC Universal/Comcast merger).
Also, Netflix itself my run afoul of the new regulations. That’s right, poor widdle Netflix, supposedly the victim of big, bad ISPs, is probably in violation of the new regulations. Heh.
Continue reading »