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.
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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.
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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.
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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.
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Happy Weekend. As I write this it’s already the 11th, so you have two shopping weeks left before Christmas. Oops, is it still legal on the Internet not to say Holiday?
Some quick hits for the weekend as we continue to wait on the FCC to explain itself and its plans for radical new Internet regulation.
George Ou points out that if Netflix gets to demand free peering with Comcast, then Netflix ought to demand free shipping over the postal service. After all, if neutral means free, then that’s the next step, right? Just shows how absurd the radicals really are in all of this. Network investment costs money and that money must be recouped with profit, or else that investment isn’t going to happen.
And again, if that investment stops happening, we all lose out.
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Oh boy, I’m tired tonight. It would be so tempting to give Tech at Night a pass tonight but I have clothes in the dryer anyway, so let’s go.
Let’s talk about Net Neutrality. In fact, let’s talk about who’s funding the voices supporting Net Neutrality. Bob Parks of Black and Right and posting right here at RedState did some digging and found that CREDO Mobile is funding some Net Neutrality advocates. And the Net Neuties claim they have no Evil Corporate Interests™ behind them. Never let them forget that the FCC acting on this issue is the FCC choosing to favor one set of corporations over another. And the losers are those that invest in the Internet… and we all know what happens when we punish investment in the internet: we get less of it in the future.
That’s why we’ve got to minimize the damage done by the FCC this month. We need a light, light, light touch if we have to have regulation at all.
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