Tales of the Sausage Factory

Rarely Do I Catch The Daily Show In A Factual Error . . .

So I will crow over this silly little mistake. The normally excellent Indecision2008 Blog has misidentified Senator Ben Cardin as the Senator from Maine in this blog post. He is, in fact, the Senator from Maryland.

This is important since Susan Collins and Olympia Snowe, the Senators from Maine, (a) are women, (b) are Republicans, and (c) voted in favor of the FISA “compromise,” whereas Cardin voted against it. I shall leave it as an exercise to the reader which they think is the most important difference and whether either Cardin, Collins, or Snowe should feel offended that Indecision08 got them confused. Although I do agree with the main thrust of the blog entry that Ben Cardin is not nearly as sexy as Charlize Theron no matter what state he is from or his political party.

But in any event, I do think Indecision08 should run a correction.

(I promise to do real blogging again soon, just a bit busy at the moment.)

stay tuned . . .

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Tales of the Sausage Factory

The 700 MHz Endgame Part II: Assessing the Martin Offer and Manuevering Room for Replies

In part I, I wrote about Martin’s carefull PR blitz to frame the 700 MHz endgame. But its important to look at the substance of Martin’s draft order itself. Because, as always, Martin is damn clever, and has put stuff in there that is bloody tempting to go for the compromise. To keep this manageable, I will limit my discussion here to just assessing the rumored offer and how I think we could improve it, keeping in mind that this is just press reports and really doesn’t cover the panoply of issues. In Part III, I will provide my Field Guide for the Endgame, reminiscent of my original Impossibly Long Field Guide from April (how much things have changed in 3 months).

Assessment below . . . .

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Posted in Spectrum, Tales of the Sausage Factory | Also tagged , , , , , , , , | 8 Comments (Comments closed)

Tales of the Sausage Factory

Atkins & Weiser “Third Way” Paper, Isenberg Responds, and My Own Response

A few months back, Robert Atkins and Phil Weiser wrote this paper called a A “Third Way” on Network Neutrality. I recommend reaing the paper, but to summarize: The paper asserts that the NN debate has polarized between the telcos & cable cos, who want an unlimited right to control traffic, and the pro-net neutrality advocates, who want all packets treated equally by the network operator. Atkins & Weiser see this polarization as obscruing the fact that both sides of the debate raise legitimate concerns about market abuse and investment in networks on the one hand, and about government intrusiveness into network management on the other.

Atkins & Weiser therefore recommend an approach they believe addresses both sets of legitimate concerns. Congress should permit network operators to have considerable discretion with tiering — including favoring content based on origin as well as by nature of service. However, to protect consumers from abuses of market power, network operators must (A) fully disclose which packets are favored and why. In this way, consumers can ascertain readily if their lousy connection with mediastreamerA and great connection with mediastreamerB is a consequence of mediastreamerA having a bad service or their ISP cutting a deal with mediastreamerB; (B) Congress should affirm the FCC’s responsibility to monitor the broadband ISP market for anticompetitive abuses and permit the FCC to resolve any abusive practice that may emerge either by adjuidcation or by rule; and (C) the government should provide other incentives — such as tax credits or subsidies — to facilitate broadband deployment.

Recently Dave Isenberg wrote a a strong critique of the paper. Isenberg chastises Atkins and Weiser for falling into what I shall characterize as the attractive trap of the apparently “reasonable compromise.” Isenberg argues that, on the one hand, Atkins and Weiser lack vision. They fail to appreciation of the revolutionary aspects of the internet and the damage to the power of the internet as a disruptive technology if broadband network providers can exercise the kind of control over content and services that Atkins & Weiser would permit under traditional antitrust analysis. On the other hand, Isenberg maintains that Atkins & Weiser fail to appreciate the “Realpolitik” problems of relying on the FCC for enforcement instead of enacting a prophylactic, self-executing rule. Given the potential for agency capture and the length of time it will take the agency to act, a rule which does nothing but set up the FCC as a watch dog with discretion is worse than useless. Only by prohibitting tiering and requiring network neutrality can save the power of the internet as a disruptive technology capable of challenging the core businesses (such as video and voice) of the network providers themselves.

About a month ago, Phil Weiser and I debated this point over on the Public Knowledge policy blog. You can see our back and forth here: Phil’s first post, my response, Phil’s reply to me (with my reply in the comments), and Phil’s final summation.

As folks might imagine, I tend to side with Dave Isenberg on this one, although I recommend the Atkins & Weiser paper to folks interested in alternative views. Atkins and Weiser are no industry shills or ideological Neocons refusing to recognize the potential dangers. And, as I have always said, anyone who wants to formulate real policy rather than foster religious ideology needs to consider other views and recognize where someone else has a valid point. I don’t agree with Atkins & Weiser (for reasons I’ve covered at length in the links and elsewhere), but I’m glad to have considered what they had to say.

Stay tuned . . . .

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Tales of the Sausage Factory

My Take on WSIS and DNS

I will be the first to acknowledge that some good came out of World Summit on Information Society (WSIS) last week in bringing together a lot of people to talk about important issues. On the key item in the news, what would happen to ICANN and management of the domain name system, the U.S. won hands down. And while I have no desire whatsoever to see the DNS run by some UN-type organization, I understand why the U.S. is not exactly popular in other countries.

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Posted in Life In The Sausage Factory, Series of Tubes, Tales of the Sausage Factory | Also tagged , | 2 Comments (Comments closed)
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