Policy Blog Entries by Harold Feld

As reported by Christopher Mitchel from the Institute for Local Self-Reliance, Qwest has scored quite the little victory in its efforts to keep itself (and the good people it serves in Minnesota) from the evil socialist menace known as “local government providing broadband when the incumbent does a lousy job.”

Apparently,MN State Senator Bakk and MN State Rep Dill introduced a bill that would have made it easier to for local governments to build municipal networks. Right now, it takes a local referendum vote with 65% to authorize a locality to build a network that offers commercial telephone service (and therefore any “triple play” broadband access service — or so they read it in MN).

The FCC has started to dig through its backlog of indecency complaints. This predictably triggers some cheap shots at the FCC with the non-sequitor that somehow this is the fate of the Internet if the FCC does Net Neutrality. While it is no doubt laboring in vain to point out the unfairness of this for the FCC, here goes.

I’m no fan of the broadcast indecency rules. I do, however, believe very strongly in the rule of law and the idea that an administrative agency has a duty to uphold the law and process complaints. That is what makes and keeps federal agencies accountable to Congress, the democratic process, and the rule of law generally. This means enforcing laws you don’t particularly like and defending them in court.

Assuming the Federal Government opens for business on Thursday (and I am not taking bets), we can expect to see Federal Communications Commission (FCC) Chairman Julius Genachowski taking another substantial step to make good on his pledge to reform how the FCC does business. The agenda for the Commission’s open meeting for Thursday, February 11 lists three items. Two have to do with changing FCC rules to make the agency more open and more streamlined, the third has to do with reforming the E-Rate Program under which schools get money to subsidize broadband.

We can expect that to the extent the press cover this, the focus will go to the E-Rate story. At least people understand about broadband in schools. But for long term difference that matters, the FCC process stories — while phenomenally boring and unsexy — have much broader impact.

The first item is a general “housekeeping” item.

My momma always taught me that fibbing was a no-no. My daddy, a lawyer and law professor, would always add that it is real stupid to do so when testifying — especially when you know that so much evidence exists that you are lying that your pants are likely to spontaneously combust under cross examination. So I am somewhat boggled that NBC President/CEO Jeff Zucker would tell Rep. Rick Boucher (D. Va) one thing when he said something completely different in an interview last May. Oopsie!

I guess a CEO’s gotta do what a CEO’s gotta do. So when House Telecom Subcommittee Chairman Rick Boucher asked NBC President/CEO Jeff Zucker about Hulu blocking access to Boxee users last year, Mr.

There have been persistent rumors that the Obama Administration has been "backing away" from network neutrality. These rumors usually start with the unsupported but oft-repeated idea that Susan Crawford was "forced out" by Larry Summers for her "extreme" views on NN and move on from there.

I would say I hoped this put such rumors to rest, but it won't. The artificial manufacture of the "rumors" is part of an overall strategy to marginalize network neutrality as "extreme" even for the "socialist" Obama Administration. To paraphrase Stephen Colbert, it is widely reported that Obama is backing away from his commitment to network neutrality, and this conclusion is therefore 'fact-esque.'

Still, for the curious, here is what Obama actually said about this on February 1, 2010.

Last week, while we were all busy with Network Neutrality and other things, the Department of Justice quietly told the Wall St. Journal that it was ending its investigation into text message rates that it had begun after a Letter from Senate Antitrust Subcommittee Chair Herb Kohl pointedly asked why text messaging prices did not come down the way we would expect in a competitive market. Folks who wonder how the industry can charge what amounts to $1,300/MB do not see how the DOJ could come to this conclusion. But under the existing law, DOJ came to the right conclusion.

Time to clear up a little piece of unfinished business for which we at Public Knowledge can claim some modest responsibility. The FCC finally issued it’s long awaited Order on wireless microphones stemming from among other things) this blog post and the subsequent complaint/Petition for Rulemaking by the Public Interest Spectrum Coalition (to which a special shout out to the folks at New America Wireless Future is due, given the fantastic amount of work they did on assembling evidence and helping draft the document).

“Clearly the FCC has some role, either directly or tangentially over broadband, such as with USF reform.” Kyle McSlarrow, President, National Cable & Telecommunications Association, on the proper role for the FCC with regard to broadband.

Consensus is pretty strong that last week’s oral argument on the Comcast/BitTorrent argument in front of the DC Circuit was an unmitigated disaster for the FCC. So much so that it appears that the D.C. Circuit may actually strip the FCC of any authority to “regulate the internet.” While one would think Comcast would be cheering at the prospect of eliminating any watchdog over broadband whatsoever, they have been rather frantically backing away and insisting the FCC still has authority to impose network neutrality rules.

Why the odd switch?

Everyone involved in the National Broadband Plan (with the possible exception of broadcasters) says we need more spectrum. Everyone from Chairman Genachowski to the Department of Justice and the NTIA all agree we need “more spectrum“ to meet increasing demand and avoid a “spectrum crisis.”

As Gigi pointed out at the FCC workshop last October, this should sound familiar to anyone who has listened to our national debate on the “energy crisis.” And, like the energy crisis, we need a long-term sustainable strategy.

Ya know, if my state got a grant for $24.5 million to build out broadband networks in underserved areas, I would jump for joy. But I’m not in the Maine legislature, so what do I know?

Last month, NTIA gave Great Works internet in Maine $24.5 million toward a fiber optic network. The grant is a classic public/private partnership for a middle mile project that includes, among others the University of Maine.

Fairpoint, Maine’s primary rural LEC, has objected to this “undue competition with the private sector.” This would be funny, given how Fairpoint has become the poster child for the failure of the private sector to deliver on its big promises to rural communities. But Fairpoint’s talking points have ended up in legislation filed by Maine State Senator Lisa Marrache (D-Waterville) and Maine State Rep.