fcc

People don't need fast broadband, senator tells FCC

6 March 2015 by Steve Blum
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I wonder if he knows what he’s up against?

While browsing through the FCC’s recently released documents today, I came upon a gem of an exchange between chairman Tom Wheeler and senator Orrin Hatch (R – Utah), regarding the proposed mega-merge and market swap involving Comcast, Time-Warner and Charter. Last month, Hatch wrote a letter to Wheeler and the federal justice department’s top anti-trust attorney, explaining why it would be okay if “a post-merger Comcast would control a substantial proportion of the national fixed Internet broadband market, perhaps as high as 65 percent”.… More

Effort to give FCC all of California's data on Comcast deal

4 March 2015 by Steve Blum
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Adding better dirt to the pile.

The California Public Utilities Commission has amassed a stockpile of proprietary information and confidential analyses regarding the proposed mega-merger and market swap that would put all of Time-Warner’s and nearly all of Charter Communication’s cable systems in California in the hands of Comcast. A utility consumer advocacy group, The Utility Reform Network (TURN), wants all that information turned over to the FCC for its consideration as it likewise evaluates the deal…

TURN recommends…the CPUC provide the FCC with copies of the full confidential versions of the briefs, including all attached declarations and exhibits, and data requests questions and responses of all parties in these consolidated proceedings, giving the FCC the benefit of the analysis and recommendations of all of the parties on the issues that are critical from a California-centric perspective.

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FCC says the dingo ate my decision

3 March 2015 by Steve Blum
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I’ll do it after my nap.

A thousand word blog post explaining why the FCC hasn’t released the text of its decision last week that brings Internet service and infrastructure under common carrier rules boils down to one feeble excuse: we haven’t finished writing it yet.

The explanation, offered by FCC general counsel Jon Salet, is nonsense. It goes on at length about the need for robust internal discussions at the FCC and the necessity of preparing a final document that responds to the points raised by dissenting commissioners…

Commissioners often prepare individual statements expressing their opinions on the order, and those statements are generally first shared with the other Commissioners and staff.

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Still waiting to read the actual FCC net neutrality and muni broadband decisions

27 February 2015 by Steve Blum
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The suspense is killing the Internet.

The FCC’s decisions yesterday to preempt state bans on municipal broadband projects and regulate Internet service and infrastructure using common carrier rules are still under wraps. The commission wasted no time in posting laudatory summaries, which largely reiterated past public statements. The (prepared) comments the commissioners made during the voting session were also quickly up on the FCC’s website.

But the actual text of the decisions they approved yesterday haven’t been made public.… More

FCC imposes common carrier rules on the Internet, preempts muni broadband bans

26 February 2015 by Steve Blum
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The deed is done. Both, actually. The FCC voted this morning to use common carrier rules to regulate Internet infrastructure and service, and to preempt two state bans on municipal broadband in two particular communities.

“The Internet is simply too important to allow broadband providers to be the ones making the rules”, said chairman Tom Wheeler.

The three democrats on the commission – chairman Tom Wheeler and commissioners Jessica Rosenworcel and Mignon Clyburn – voted (and spoke) in favor; the two republican commissioners – Ajit Pai and Michael O’Rielly – voted against, after reading lengthy and sharply worded dissenting statements.… More

How the FCC will vote is certain, what's to be approved isn't

25 February 2015 by Steve Blum
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Tomorrow should be the big day. Common carrier regulation of broadband infrastructure and service is scheduled to be on the table at the FCC. There’s a possibility it could be bumped a month, though. Republican commissioners Ajit Pai and Michael O’Rielly want it delayed. Actually, they want it stopped altogether. But democrats hold three of the five commission seats, so that’s a sideshow.

One of the democrats, Mignon Clyburn, is reportedly pushing chair Tom Wheeler to make changes.… More

Three points to watch for in FCC muni broadband decision

24 February 2015 by Steve Blum
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Black letter law.

The FCC has to win an uphill fight against past court decisions if Thursday’s expected preemption of two particular state bans on municipal broadband is to have any practical effect.

The primary obstacle is Gregory v. Ashcroft, a 1991 U.S. supreme court decision that said, in effect, if congress wants to “upset the usual constitutional balance of federal and state powers” then it must make that intention “unmistakably clear in the language of the statute”.… More

Vague rules will make the FCC a poor referee

22 February 2015 by Steve Blum
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It’s always a bad call when a ref begs to be noticed.

FCC chairman Tom Wheeler says he wants to be the Internet’s referee. He’s used that description of how he see’s the FCC role in managing the broadband ecosystem several times, most recently in a Colorado speech where he talked about his proposal to bring the Internet under common carrier regulations…

The proposal also looks forward into the broadband future to assure there are basic ground rules and a referee on the field to enforce them.

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Common carrier opponents' talking points miss the point

21 February 2015 by Steve Blum
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Unfortunately, it’s the way the game is played.

At first it seemed like there might be something resembling a public debate about the merits of bringing broadband infrastructure and service under common carrier rules before the FCC votes on it.

First, chairman Tom Wheeler delivered his sales pitch for the proposed rules. Then, commissioner Ajit Pai countered with substantive objections to what’s in the still-secret draft. But at the same time, he labeled it “President Obama’s plan to regulate the Internet”.… More

FCC won't bulldoze state bans on muni broadband, yet

17 February 2015 by Steve Blum
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Parked.

Hopes and fears that the FCC will sweep away state restrictions on municipal broadband at its upcoming meeting this month appear overblown. That’s not to say it won’t be an important decision – assuming, as is all but certain, at least three commissioners vote yes – but it will involve particular issues in two cities in two states. That’s what FCC chair Tom Wheeler told a tech group in Colorado last week…

To be clear, my proposed ruling on these two petitions for pre-emption is an adjudicatory matter.

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