Credit where it's Due

With the Comcast ruling by the FCC, lots of well-earned congratulations are going ’round. Free Press is getting its props, and Larry Lessig is congratulating Kevin Martin.

But hey, we have our own local hero right here on Wetmachine.

So please join me in three cheers for Harold Feld!

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White Spaces Update — Field Testing Can Be Soooo Educational. You Always Find Something You Don’t Expect.

As folks may recall, the primary opponents of opening the broadcast white spaces for use, the broadcasters and the wireless microphone manufacturers — notably our good friend and radio pirate Shure, Inc. (official slogan:“We get to break the law ’cause we sound so good”) — insisted that the FCC conduct field tests on the white spaces prototypes. Of course, because these are concept prototypes and not functioning devices certified to some actual standard, everyone knew this would leave lots of leeway for the broadcasters and the wireless microphone folks to declare the “tests” a “failure” regardless of the actual results. Which, of course, they did. Needless to say, Phillips (which makes one of the prototypes) said the opposite, and it all depends on whether you mean “the device functioned perfectly as if there were actually some standards for building a functioning device” or “the device proved it could detect occupied channels at whatever sensitivity the FCC decides is necessary.” The FCC engineers, wisely, made no comment and went back to their labs to analyze the actual data.

But one of the nice things about field testing is that you learn the most amazing things that you can never learn in a lab, as demonstrated by this ex parte filed by Ed Thomas for the White Spaces Coalition, the industry group that backs opening the white spaces. Apparently, in front of eye witnesses (including the FCC’s engineers), both broadcasters and unauthorized wireless microphone users in the Broadway field test operated wireless microphones on active television channels, at power levels well above what white spaces advocates propose for mobile devices. All apparently without interfering with anybody’s television reception or even — in the case of the unauthorized Broadway users — screwing up the hundreds of other illegal wireless microphones in the neighboring theaters.

A few rather important take aways here: (1) the danger of interference claims by broadcasters and Shure are utterly bogus, as the wireless microphones do not screw up either television reception or each other; (b) the broadcasters and Shure know their interference claims are bogus. If they actually cared on iota about possible interference, they would not casually operate high power wireless microphones on the same channel as active television broadcasts and as each other. Instead, they are so unconcerned about interference that they can’t even remember to pretend to care about basic interference concerns when they are conducting a field test in front of the FCC’s own engineers.

A bit more elaboration on these points below . . . .

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The FCC Releases the Comcast Complaint Order Part I — Why This Is A Huge Win.

The FCC just released the text of the Order adopted on August 1 finding for Free Press on the Comcast Complaint and Declaratory ruling and denying Vuze’s Petition for Rulemaking. You can get the pdf here.

Larry Lessig pretty much says it all with his letter commending the FCC on its decision. For myself, I see this as another in a series of important wins, building on previous wins. Read it, particularly the footnotes, and you will find reference to the C Block openness conditions, the Adelphia Transaction Order, and every other baby step along the road that proved absolutely critical to getting us this far.

And, just as with those victories, we did not imagine for one moment that we had finished our task or that we had solved our problems. The danger to an open internet that remains a platform “as diverse as human thought” in the face of broadband providers trying to convert it into a combination shopping mall, movieplex and theme park continues. But we prevented Comcast from creating an “industry standard” around blocking or degrading peer-2-peer applications and put every ISP on notice that they will need to make real disclosure of their “network management practices” when those practices block or degrade subscriber choices. That the market would not respond on its own — at least not in a positive way — is evidenced by the fact that Comcast, despite all the negative publicity, promises to change, etc., is still targeting bittorrent. To the contrary, had we not acted, I do not doubt that other broadband ISPs would, over time, have adopted this and similar techniques, and without notifying their subscribers in any meaningful way.

We have also created another positive precedent for the day when a future FCC or Congress will adopt rules that provide the level of protection we need to maintain an open and competitive internet. This FCC opinion establishes the jurisdictional basis for any future rulemaking and, while declining to adopt rules now, explicitly states that the FCC retains the jurisdiction to create rules in the future — noting that the Carterfone network attachment rules began as an adjudication and ultimately culminated in Part 68 of the Commission’s rules. Despite a raft of theories (conspiracy or otherwise) to the contrary, this Order does not weaken our efforts to get general rules or get legislation passed. To the contrary, by recognizing that rules protecting the openness of the Internet further the important interests of the First Amendment (Par. 43 n. 203), this Order strengthens our ability to get rules or legislation in the future.

While it leaves certain critical questions — such as whether a third party can pay a broadband access provider for “premium” treatment regardless of user preferences — unresolved, it does so in a way that leaves us free to come back without any bad precedent or presumption. Copps and Adelstein can continue to press for adoption of a fifth principle on non-discrimination without fear that voting for this Order somehow put them in a box.

More below . . . .

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The Return of the Great Google Overlords and I Do Another Rant On Why Citizen Movements Are Citizen Driven.

I suppose it was inevitable. Let Google enter the policy arena and suddenly that’s all anyone will ever think about. Never mind that Media Access Project and New America Foundation first participated in this policy exercise back in the spectrum task force days in 2002, that we mobilized around this issue (and I blogged on it) back in 2004 before Google or Microsoft showed up, or that New America Foundation has published some ungodly amount of content on this well before Google even had a wireless policy. No, like last summer and the 700 MHz auction, or the 2006 Net Neutrality fight, it is all about the Great Google Overlords blah blah blah. Because everyone knows that no one in Washington really cares about the public interest groups and its all about refereeing industry food fights.

I should note that the utter refusal of the trade press (and others who should know better) leads them to consistently screw up on where the Commission actually goes. Flashback to last November, and I defy you to find any oh-so wise insider with the cynicism that passes for wisdom these days who thought for a moment that a Kevin Martin-led FCC would even consider our complaint about Comcast blocking BitTorrent. When Martin defied expectation and put it out on notice, no one thought we had a chance of getting an actual judgment in our favor. And of course, when we did win, it didn’t disprove anything, since it was either all the work of the Great Google Overlords or a clever reverse fake by Martin to screw Net Neutrality.

I’d let it go as excellent political cover (since God knows most industry lobbyists make the same mistake) and a reason why folks should read my blog to get some balance, but the pernicious myth that no one in Washington cares about anything but major corporate players is one of those things that becomes self-fulfilling prophecy when regular citizens buy into it. The fact is that decisionmakers and policy folks are all over the map here in DC. You will find people who are wholly owned subsidiaries, people who are driven exclusively by ideology and — surprising to many — a large number of folks in both parties trying to do what they think is the right thing given all the information they have and what they think is right. I class all five FCC Commissioners, even the ones with whom I most frequently disagree, as being in this category.

Does it matter that Google is involved? Of course. Not only is it a question of available lobbying resources, but also a question of whether anyone is likely to take advantage of the rule change. That’s not always determinative, but it certainly helps. As the Frontline debacle shows, FCC Commissioners need to worry about what happens if they guess wrong, while still finding the courage to try new things when required. Seeing a company like Google come gives a certain amount of reassurance and makes it a lot easier for commissioners to beleive us public interest folks when we say “yes, open the white spaces to unlicensed and it will get used.”

But for Om Malik over at Giga Om and other well informed press folks to make their judgments about the white spaces based on Google’s involvement or non-involvement is as ridiculous as the worshippers of the Gods of the Marketplace deciding based on ideology without regard to actual evidence. Google’s financial interests are obvious, their interest here long standing, and their latest outreach effort no more or less noxious than those of any other company. In this case, they have the advantage of showcasing organizations that came on the scene (like MAP and NAF) long before they did.

As I have said before and will say many times again, citizen’s movements must be citizen driven. That is their strength, and why so many pundits and lobbyists who mistake lazy cynicism for experience and wisdom seem utterly incapable of understanding. But as long we believe it we will continue to change the world — and reporters like Malik will continue to be smugly wrong about what to expect.

Stay tuned . . . .

Off to Big Tent In Denver Next Week.

For anyone who cares, I will be in Denver next week, but not for the Democratic National Convention (although I wouldn’t say no if someone wanted to slip me a pass — hint, hint). I will be attending the Big Tent event for bloggers, progressives, and anyone else who cares to wonder over and see what the changing face of online politics looks like. The event is running in parallel with the Democratic Convention, with significant overlap, although not actually part of it and far enough away geographically to be separate and distinct. I shall leave it to the reader to draw his or her own meaning from this.

Still, the hope is that the Big Tent event will attract significant cross over from the convention. On Tuesday, in conjunction with Common Cause Colorado, there will be a symposium on media issues and all that policy stuff I do over in my day job at Media Access Project. If you’re there, you can catch me speaking on media ownership and its impact on diversity in the afternoon, and/or my colleague at MAP, Parul Desai, talking on network neutrality. In the morning there will be a bunch of other speakers, including FCC Commissioner Jonathon Adelstein, so it should be fun.

Anyway, if you see me out there, feel free to come up and say hi.

Stay tuned . . . .

The Difference Between Free Market Conservatives and Worshippers of the Gods of the Marketplace.

As regular readers know, I frequently deride those who continue to put their faith in a creed of deregulation despite empirical evidence that this is not suitable to all occasions as worshipers of of the “gods of the marketplace,” after the Rudyard Kipling Poem The Gods of the Copybook Heading (with a fine sense of irony that Kipling would be closer ideologically to the folks I criticize). This leads some to imagine that I am “anti-market” or “pro-regulation” or some other ideology that places process over outcome, rather than a pragmatic sort who believes that the job of public policy is to use all available tools to achieve the goals of prmoting the general welfare, securing domestic tranquility, etc., etc.

I recently came across an illustration of the difference in, of all cases, a collection of Darwin Award Winners (Darwin Awards Iv: Intelligent Design for anyone that cares). The book contains the tale of a “winner” who was a passionate anti-government type who refused to wear a seat belt in protest against mandatory seat belt laws. A car he was in in skidded and flipped over. The the driver and one passenger who were wearing seat belts survived. Our protesting friend was thrown from the car and died.

It occurred to me that this story nicely illustrates the difference between those who favor a free market approach and worshipers of the Gods of the Marketplace. A smart Libertarian may believe that the government has no right to order people to wear seat belts. But, evaluating all the evidence of how seat belts save lives, will voluntarily wear a seat belt even if not required. After all, it would be foolish to put one’s life at risk simply because the government wrongly orders people to do what you think makes good sense.

But an ideological driven soul, indifferent to empirical evidence and elevating process over substance, refuses to wear a seat belt because the government says you should, and therefore wearing a seat belt must be the wrong or inefficient result and believes it the positive duty of all anti-government believers to refuse to wear seat belts.

Now go read the dissenting statements of McDowell and Tate in the Comcast decision, the McCain Tech Policy, or any of a dozen or so speeches by elected representatives or pundits who get their economic education from reciting bumper stickers about free market economics they don’t understand. Then ask yourself, are these guys actually evaluating the evidence and accepting the result? Or are they driving with their seat belts off?

Stay tuned . . . .

Fan mail from a flounder?

Neutrino/Hadron-class Wetmachiner David Newsom, a producer/correspondent on “The G-Word” show on Discovery Channel’s “Planet Green”, sent a message to his mail list the other day:

In its first few months, PLANET GREEN has had a bumpy start and taken some hits- many well deserved- but “G-Word” remains good, low-budget fun. It’s informative, breezy and democratic. We’re proud of it. For the noble few of you watching, their website is now under revision, and will be posting notices from some of its correspondents.

In an effort to get the word, out, I’m spamming the world about my new post. Feel free to use it as a point of entry to the site and shows. If you have criticism, fire away. They want and need it.

Note: The title of this post is from an old Rockie & Bullwinkle bit. Those of you too young to remember it ought to be ashamed of yourselves. And you kids get off my lawn!

Rat Brains Redux!

From an article in New Scientist entitled, I fecal matter you not, “Rise of the rat-brained robots”:

. . . the disembodied neurons are communicating, sending electrical signals to one another just as they do in a living creature. We know this because the network of neurons is connected at the base of the pot to 80 electrodes, and the voltages sparked by the neurons are displayed on a computer screen.

Normally this kind of story is the province of furtive Wetmachiner Gary Gray, but Gary hasn’t posted anything here since his wedding day some months ago. Which could mean anything, just say’n. In the meantime I’ll do my best to assume his wetmachine slack. I’m proud to say I was his Best Man, and the attendant responsibilities last a lifetime, what-what?

And furthermore, long dormant wetmechanics have been known to pop up and chirp, after a long sojourn underground, just like N-year locusts. With Greg resurgent, can Gary be far behind? Or David? Or, yegods, Peg or Christian? My advice? Stay tuned. Rat brains in jars controlling machinery have prortent! I swear I believe it!

Esurance Assumes We're Stupid

Maybe I’m just a grumpy old economist, but I was struck just how misleading a recent commercial from the Esurance auto insurance company is.

It suggests that there are real savings, economically and ecologically, associated with the fact that Esurance provides only online proof of insurance cards. Since states still require you to have a paper proof of insurance in your car, all this amounts to is transfer of the transaction costs associated with printing a paper proof of insurance from Esurance to the customer. That’s hardly a savings to the customer.

What’s worse is that the claimed ecological savings is complete bunkum. If Esurance provided the paper proof of insurance, it could ensure ecological benefits by a corporate policy of printing them only on recycled stock. By forcing the customer to print it, Esurance virtually guarantees that only customers who assume the transaction costs of obtaining recycled stock to use with their own printers provide the promised ecological savings. Esurance’s policy virtually guarantees that the vast majority of its paper proofs of insurance will benefit the environment not a whit.

Just for the misleading economic and ecological claims I’d be inclined to give Esurance a thumbs down, but the assumption that people are too stupid to think this nonsense through really seals the deal.