Tales of the Sausage Factory

McDowell Forgets He Already Voted That FCC Has Authority To Enforce NN Rules.

I recently complained that no one else ever seems to follow the record on the network neutrality stuff. But Commissioner McDowell took the prize for failure to remember what he had previously voted for in this very proceeding back in March 2007 when the Commission voted out the Notice of Inquiry that started this whole thing. Mind you, McDowell should not feel too bad, given that nobody else at the FCC seems to remember this stuff either. Not when they wrote the Comcast/BitTorrent Order, nor even when they wrote the Notice of Proposed Rulemaking last week. Despite the fact that both items are actually in the same blasted docket. Because good God almighty, how hard is it for the staff at the FCC to actually know the friggin’ docket? It’s just the basis for this entire proceeding. And the entire collective agency cannot remember that it voted as settled law by 5-0 that it has authority to regulate and enforce network neutrality rules. And that McDowell not only voted in favor, he explicitly concurred!

I swear, it’s enough to make a poor obsessed policy wonk tear out what’s left of his hair and beard.

More below . . . .

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Tales of the Sausage Factory

FCC Begins Inquiry Into Arbitron Portable People Meter

Sometime back back, I noted the flap over the Arbitron Portable People Meter and the Petition by the Minority Media Telecommunications Council (MMTC) for the FCC to take action. The FCC put the Petition out on public notice last September, and has now issued a Notice of Inquiry on the matter.

As always, the questions are (a) why do we care about this? and (b) Even if we care, does the Commission have authority to do anything? In answering this last time, I observed: (a) we care because the entire economics of the radio industry are driven by ratings, and the FCC’s own rules rely on Arbitron ratings for a number of purposes, and (b) the FCC can always investigate anything related to its areas of jurisdiction. At worst, it provides a good forum for debate and an opportunity to tell Congress “Yo! this is important, somebody needs to do something about this for these reasons.” these are pretty much the conclusions the FCC comes to in its Notice. After observing in footnote 1 that it has broad powers to investigate, the Commission frames the questions as:

This NOI investigates the impact of PPM methodology on the broadcast industry as well as whether the audience ratings data is sufficiently accurate and reliable to merit the Commission’s own reliance on it in its rules, policies and procedures.

I am hopeful that we see a good, robust debate here although I don’t expect anything in the way of Earth-shattering revelations. There is an interesting problem of what information Arbitron will reveal about its processes, and whether the Commission will provide some assurances that it will keep proprietary information out of the public record. If it does, it makes it much harder for those who say the process is unfair to respond. But if it doesn’t, it’s analysis is going to be incomplete.

Mind you, it’s not at all clear what authority the FCC has over Arbitron directly. But the FCC can take certain actions if it doesn’t like what it sees, giving Arbitron incentive to play and try to resolve concerns. The FCC can declare Arbitron unreliable and no longer rely on it for regulatory determinations. That’s not exactly the kind of publicity you want if you make your living based on the accuracy of your ratings system. Alternatively, if the FCC doesn’t see anything wrong, it can always conclude that Arbitron remains acceptable for the FCC’s purposes. That will be of enormous assistance to Arbitron in removing any cloud over its rating system.

Bottom line, the NOI is a smart move by the Copps FCC on multiple levels. It doesn’t assert any authority, it doesn’t prejudge, and it services an important Democratic constituency. Hopefully, Arbitron and its critics will use the FCC as a neutral forum to develop an mutually acceptable solution.

Stay tuned . . . .

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Tales of the Sausage Factory

A Quick Note On The Departure of Kevin Martin

I will, hopefully, have time in the near future to write up my farewell to Kevin Martin and assessment of his term as Chairman of the FCC. In the meantime, I think Commissioner Copps gives a good assessment and farewell.

As I say, I hope to have more to say later. For now, I will simply say that I have enormous respect for Kevin Martin and for what he tried to accomplish, even when I disagreed with him.

More below . . .

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Tales of the Sausage Factory

Tales of The Sausage Factory: Unlicensed Spectrum Access II

O.K., so what’s at stake this year and how can you participate? Read below on how to help get more spectrum available for unlicensed access, help boost available power, exercise your democratic rights with your web browser, and educate the FCC and your Congresscritter.

Or you can go back to being a cynical consumer moo cow who thinks bitching and moaning about how stupid government is relieves you of your responsibilities. (Think I have an opinion?)

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Posted in General, Spectrum, Tales of the Sausage Factory | Also tagged , , , , , , , , | 2 Comments (Comments closed)
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