Deregulation
Fox/Cablevision And FCC Learned Helplessness, or "Finding the FCC's 'Man Pants.'"
Follow @haroldfeldI feel a good deal of sympathy for FCC Chairman Julius Genachowski over the ongoing fight between Fox and Cablevision. My brother the educator likes to say that "responsibility without authority is trauma." Or, in other words, if you are responsible for something but don't actually have the authority to do anything about it, then the only thing you can do is suffer when things go wrong. So it is for Genachowski and Fox/Cablevision -- under the FCC's current rules. But here's the funny thing. The FCC actually has fairly strong statutory authority to take action. So while Genachowski is in a bind, he can actually fix the problem. He even has a vehicle all teed up and waiting in the form of our Petition to change the "retransmission consent" rules (I'll explain what those are below).
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“The first step in recovery is admitting you have a problem.” So goes the self-help cliché. For regulatory agencies, the first step is admitting that industry has a problem and that the wonderful happy world of the unregulated market – no matter how wildly competitive it might or might not be – doesn’t always protect consumers and that in fact, sometimes, free market dogma to the contrary, you actually reach the best result for everyone by having government set basic rules of disclosure and enforcement (the classic paper on this being economist George Akerlof’s oft-cited “The Market For Lemons.” The recent experience with the meltdown of the financial services sector and its ongoing tribulations provide rather vivid proof that “trusting the market” and waiting for “proof of a problem.”
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“The first step in recovery is admitting you have a problem.” So goes the self-help cliché. For regulatory agencies, the first step is admitting that industry has a problem and that the wonderful happy world of the unregulated market – no matter how wildly competitive it might or might not be – doesn’t always protect consumers and that in fact, sometimes, free market dogma to the contrary, you actually reach the best result for everyone by having government set basic rules of disclosure and enforcement (the classic paper on this being economist George Akerlof’s oft-cited “The Market For Lemons.” The recent experience with the meltdown of the financial services sector and its ongoing tribulations provide rather vivid proof that “trusting the market” and waiting for “proof of a problem.”
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The faux populist group Americans For Prosperity has been running ads against network neutrality in Mike Doyle’s (D-PA) district in Pittsburgh. Doyle’s response? A letter to FCC Chairman Genachowski telling him to ignore faux populist FUD from AFP, hold firm, and move full speed ahead to protect consumers while Congress takes up the work of updating the Communications Act for a more comprehensive approach.
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With the FCC and most government actors obsessed with incentive creation, it makes sense to determine whether and how a regulatory or deregulatory action causes some desired outcome. Consider the creation of incentives to invest in physical plant. Incumbent carriers have spent a lot of time, money and effort arguing that regulation creates investment disincentives and deregulation does the desired opposite. This simplistic and not always correct premise constitutes the prevailing wisdom in the U.S.
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[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>With the FCC and most government actors obsessed with incentive creation, it makes sense to determine whether and how a regulatory or deregulatory action causes some desired outcome. Consider the creation of incentives to invest in physical plant. Incumbent carriers have spent a lot of time, money and effort arguing that regulation creates investment disincentives and deregulation does the desired opposite. This simplistic and not always correct premise constitutes the prevailing wisdom in the U.S.
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The tone for the latest round of debate about whether there should be an Open Internet was set, not by the latest round of speeches and statements by industry executives, nor even by the emphatic statements of self-righteous politicians at a Congressional hearing.
No, what’s happening now could be summed up in a thought from the author Thomas Pynchon, and his book, Gravity’s Rainbow. Scattered throughout the 800-some pages of the novel are five “Proverbs for Paranoids.” The one relevant to our discussion of the Open Internet is #3: “If they can get you asking the wrong questions, they don't have to worry about answers.”
The wrong question is – how should the Internet be regulated? The right question is – how should the online rights of consumers be protected? Yet, it’s the wrong question on which the industry-fueled discussion has dwelled. This is not to say that even wrong questions don’t deserve answers.
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[title] => Tom-Toms: Tauke and Pynchon On Regulation and the Open Internet
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The tone for the latest round of debate about whether there should be an Open Internet was set, not by the latest round of speeches and statements by industry executives, nor even by the emphatic statements of self-righteous politicians at a Congressional hearing.
No, what’s happening now could be summed up in a thought from the author Thomas Pynchon, and his book, Gravity’s Rainbow. Scattered throughout the 800-some pages of the novel are five “Proverbs for Paranoids.” The one relevant to our discussion of the Open Internet is #3: “If they can get you asking the wrong questions, they don't have to worry about answers.”
The wrong question is – how should the Internet be regulated? The right question is – how should the online rights of consumers be protected? Yet, it’s the wrong question on which the industry-fueled discussion has dwelled. This is not to say that even wrong questions don’t deserve answers.
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No, what’s happening now could be summed up in a thought from the author Thomas Pynchon, and his book, Gravity’s Rainbow. Scattered throughout the 800-some pages of the novel are five “Proverbs for Paranoids.” The one relevant to our discussion of the Open Internet is #3: “If they can get you asking the wrong questions, they don't have to worry about answers.”
The wrong question is – how should the Internet be regulated? The right question is – how should the online rights of consumers be protected? Yet, it’s the wrong question on which the industry-fueled discussion has dwelled. This is not to say that even wrong questions don’t deserve answers.
[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>The tone for the latest round of debate about whether there should be an Open Internet was set, not by the latest round of speeches and statements by industry executives, nor even by the emphatic statements of self-righteous politicians at a Congressional hearing.
No, what’s happening now could be summed up in a thought from the author Thomas Pynchon, and his book, Gravity’s Rainbow. Scattered throughout the 800-some pages of the novel are five “Proverbs for Paranoids.” The one relevant to our discussion of the Open Internet is #3: “If they can get you asking the wrong questions, they don't have to worry about answers.”
The wrong question is – how should the Internet be regulated? The right question is – how should the online rights of consumers be protected? Yet, it’s the wrong question on which the industry-fueled discussion has dwelled. This is not to say that even wrong questions don’t deserve answers.
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PK and EFF: 2010 Special 301 Review Should Respect Copyright Balance and Increase Transparency
Follow @rrangnathToday, Public Knowledge, along with the Electronic Frontier Foundation (EFF) filed comments in the 2010 Special 301 review process. We wrote about this issue last time calling upon you to file comments with the USTR. I want to thank everyone who responded to our call and filed comments. Here are our comments.
As we said before, the Special 301 process, which is supposed to ensure protection for US intellectual property, has morphed into an instrument used to exert pressure on foreign countries to curtail socially beneficial intellectual property limitations and exceptions, ratchet up penalties for infringement, and force countries to sign treaties that are not necessarily in their best interest.
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Today, Public Knowledge, along with the Electronic Frontier Foundation (EFF) filed comments in the 2010 Special 301 review process. We wrote about this issue last time calling upon you to file comments with the USTR. I want to thank everyone who responded to our call and filed comments. Here are our comments.
As we said before, the Special 301 process, which is supposed to ensure protection for US intellectual property, has morphed into an instrument used to exert pressure on foreign countries to curtail socially beneficial intellectual property limitations and exceptions, ratchet up penalties for infringement, and force countries to sign treaties that are not necessarily in their best interest.
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As we said before, the Special 301 process, which is supposed to ensure protection for US intellectual property, has morphed into an instrument used to exert pressure on foreign countries to curtail socially beneficial intellectual property limitations and exceptions, ratchet up penalties for infringement, and force countries to sign treaties that are not necessarily in their best interest.
[#title] => [#description] => [#printed] => 1 ) [#title] => [#description] => [#children] =>Today, Public Knowledge, along with the Electronic Frontier Foundation (EFF) filed comments in the 2010 Special 301 review process. We wrote about this issue last time calling upon you to file comments with the USTR. I want to thank everyone who responded to our call and filed comments. Here are our comments.
As we said before, the Special 301 process, which is supposed to ensure protection for US intellectual property, has morphed into an instrument used to exert pressure on foreign countries to curtail socially beneficial intellectual property limitations and exceptions, ratchet up penalties for infringement, and force countries to sign treaties that are not necessarily in their best interest.
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preservesthe openness of the Internet and the public's access to knowledge, promotes creativity through balanced copyright, and upholds and protects the rights of consumers to use innovative technology lawfully.
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