Net Neutrality goes to court. Great news, too: Verizon’s preferred venue won the lottery, and the Net Neutrality fight will happen in the DC Circuit Court of Appeals. This is, of course, the same circuit that slapped down Net Neutrality last time in Comcast v FCC.
Oh, but here’s a big surprise. Despite the FCC claiming previously that “We look forward to defending our open Internet framework in court,” they’re actually doing everything they can not to have to defend it in court by attempting to get Verizon’s appeal dismissed. So much for that day in court.
As for Sprint Nextel, even as they sue claiming competition will be impaired if T-Mobile and AT&T join up, their own strategy update presentation admitted the truth. See the 9:46AM slide, showing the growth rate of the year-on-year net postpaid subscribers across the top four providers. In 2010, Sprint was the only one to accelerate, while AT&T saw the biggest drop in its growth. In the first half of 2011, Verizon and Sprint are accelerating, while would-be deal makers AT&T and T-Mobile look on pace to notch their third and fifth (respectively) years of slower growth.
Yes, that’s right. Sprint’s gaining subscribers at a faster clip, and is trying to keep the laggards from combining to keep the pressure (and 4G prices) up. And they’ve gotten the Barack Obama/Eric Holder Department of Justice to help, using your taxpayer dollars.
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So, Net Neutrality has been published. Now nothing can stop Verizon’s lawsuit over the illegal power grab. Remember: the FCC has tried this before, when they went after Comcast. They lost. It’s not unreasonable to expect them to lose again.
Meanwhile, federalism continues to be trashed as Puerto Rico jumps into the game. They don’t want to pay taxes but they want to block our free market. Lovely. If only AT&T could get territories dismissed even as it tries to dismiss the anti-competitive lawsuits of its competitors.
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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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I’ve basically got three topics for tonight’s edition. It’s sad that two of them are government antitrust actions. I suppose elections do have consequences, and one key consequence of Barack Obama’s election is corporatist selection of winners and losers in the marketplace.
The third main topic: Alleged corruption. I’m still playing the role of skeptic on accusations that the Obama administration is playing favorites in favor of LightSquared, the firm that has been caught in a regulatory quagmire over GPS issues it may have found a workaround for.
I want more 4G competition, but I also welcome Darrell Issa giving the LightSquared/Obama matter some oversight. I’d love to have a clear answer to this question. I can’t support fake competition brought about by corruption. I reject Obama propping up Sprint Nextel and if it turns out that Obama is propping up LightSquared then I reject that as well.
Which brings us to the next topic: AT&T and T-Mobile against the Department of Justice.
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Competition, growth, and innovation are all important for the American wireless Internet market. We need more, better, and cheaper service if we’re going to move in large numbers to wireless Internet, as some are predicting. This means competition and growth in the 4G sector is vital to our future economic health.
And that, in a nutshell, is why I think it’s essential that the government stay out of the way and allow the AT&T/T-Mobile deal to proceed. Obviously now it’s too late to prevent a lawsuit, since it’s already happened, but dropping the suit would be better than proceeding on the current anti-competitive path.
That’s the one fact that more and more evidence is bringing to light: stopping the merger is the anti-competitive act, not the merger itself. Both Sprint Nextel and the Department of Justice are threatening competition, hindering us from moving beyond the 4G duopoly of Verizon and Sprint Nextel.
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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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So much going on suddenly this week. Barack Obama and Eric Holder’s DoJ has decided to come after AT&T for its plans to merge with T-Mobile, possibly doing the bidding of donors while hindering jobs growth in America as well as nationwide 4G wireless Internet competition. Sprint’s not doing much to keep Verizon in check; we need AT&T to have the spectrum needed to do that.
So Holder wants to drive Gibson manufacturing out of the US, and to keep T-Mobile in German hands, and prevent AT&T from bringing jobs back to America. Do I have that right? It’s no wonder people rate the Internet and Telephone industries much higher than they rate the government.
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Even as the FCC hems and haws about AT&T’s quest for spectrum via T-Mobile, new evidence has come out that we simply need more spectrum for wireless Internet. The overload of the wireless networks in the parts of the east coast the felt the Virginia earthquake says it all.
And remember: new spectrum means new investment to use that spectrum, which means jobs and economic growth.
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