Hard broadband choices for new CPUC president

30 December 2014 by Steve Blum
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Utility policy and the way it’s implemented, including the possibility of a more activist form of broadband regulation, will be significantly different at the California Public Utilities Commission in 2015. The two most powerful jobs – president and executive director – will be held by new people in the coming year.

In 11 months, Michael Picker moved from a job as an energy advisor to Governor Jerry Brown to a seat on the commission to the top job as president, assuming the California senate agrees.… More

Anti-trust hammer beats common carrier control of telecoms monopolies

8 December 2014 by Steve Blum
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There are three ways to deal with a monopoly, natural or otherwise: hope new technology will eventually render it obsolete, accept it but control it with regulation, or use anti-trust rules to break it up.

In a rapidly evolving environment, waiting out a monopoly can be a viable, if uncomfortably lengthy, strategy. Microsoft’s de facto user-side control of computer technology is long gone thanks to iOS, Android and Linux, and not because of the nibbling of regulatory snapping turtles.… More

Oops, AT&T makes persuasive case that Title II is better than the alternative

30 November 2014 by Steve Blum
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AT&T spins a cautionary tale.

In the what were they thinking? category, AT&T is trying to slam the idea of common carrier broadband regulation (aka Title II) by posting a lengthy account of a bureaucratic battle it’s fighting over arcane inter-carrier rules (h/t to the Baller-Herbst list for the pointer). True, introducing any kind of regulation makes life more complicated, and companies with the strongest market position will be the hardest hit. Which is the point, of course: common carrier rules exist to provide a counterweight to dominant companies in a monopolised market.… More

AT&T tells FCC sorry, we meant to say we're bailing on DSL, not fiber

28 November 2014 by Steve Blum
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Under fire from the FCC, AT&T is walking back a statement by CEO Randall Stephenson that the company will stop building out fiber while common carrier regulation of broadband is on the table. With the exception, Stephenson said, of 2 million homes that were promised as part of AT&T’s bid to get regulatory approval of its purchase of DirecTv.

That statement, made at an investment conference and likely unscripted, provoked a demand from the FCC for AT&T to explain itself.… More

How much of the net neutrality job will go to state regulators?

20 November 2014 by Steve Blum
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Whether or not the FCC decides to regulate broadband service as a common carrier utility, new net neutrality rules will be imposed, successfully or not. State utility regulators from across the country met in San Francisco this week. The California Public Utilities Commission hosted a conference on Internet regulation, and net neutrality in particular, chaired by commissioner Catherine Sandoval, yesterday afternoon.

A national panel of economics and law professors discussed where state regulators fit in.… More

FCC commissioners surf a common carrier wave

16 November 2014 by Steve Blum
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As detailed yesterday, an article in the the Washington Post describes well the split between U.S. president Barack Obama and FCC chair Tom Wheeler over common carrier regulation of Internet infrastructure and service. But it’s not a game of equals, which is why the safe bet is on adoption of Title II common carrier rules.

Even though the Post article puts Wheeler on an even footing with Obama as an independent policy maker, the reality is far different.… More

Wheeler missed the point of the story: you can't split a baby

15 November 2014 by Steve Blum
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Ex parte pleading for an ex partitio solution.

Although FCC chairman Tom Wheeler continues to play his cherished Beltway bandit game behind closed doors, the likelihood of Internet service coming largely, if not completely, under common carrier regulation is growing.

An excellent article by Brian Fung and Nancy Scola in the Washington Post clearly lays out the problem: U.S. president Barack Obama wants full on common carrier regulation, while lobbyist-in-chief Wheeler wants to cut a deal that pleases everyone, at least everyone who counts, which in Wheeler’s world is deep-pocketed lobbyists.… More

Uncommon advocacy for common carrier broadband rules

11 November 2014 by Steve Blum
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Entering the network neutral zone.

Consumer broadband service will be regulated as a common carrier service. Either that, or U.S. president Barack Obama is so detached from reality that he records a video pronouncement to that effect and leaves for a summit meeting in China without first making sure that his appointee – FCC chairman Tom Wheeler – has his back. In an accompanying written statement, Obama explained yesterday…

So the time has come for the FCC to recognize that broadband service is of the same importance and must carry the same obligations as so many of the other vital services do.

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Beltway bandit style Internet regulation might be off the table

5 November 2014 by Steve Blum
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FCC chairman Tom Wheeler is reported to be backing away from his no-lobbyist-left-behind method of imposing and enforcing network neutrality rules. The new plan, according to the Wall Street Journal, is to split the Internet service business into two parts: the consumer-facing retail access business, which would remain as it is – largely unregulated – and the back-side business of interconnecting content companies and other ISPs to those retail customers.

The back-side would be regulated as a common carrier business, presumably subject to some kind of network neutrality rules, although that’s not a given.… More

Speech isn't free when ISPs can set prices based on content

30 October 2014 by Steve Blum
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FedEx doesn’t charge based on what a document says. Neither should Comcast or AT&T.

California Public Utilities Commissioner Catherine Sandoval has arguedand voted – in favor of regulating broadband infrastructure companies as common carriers, in much the same way as telephone companies, but with a “light touch”. She made her case in testimony at a congressional hearing in Sacramento in September, and later polished it and submitted it to the FCC for consideration in its network neutrality deliberations.… More