Tales of the Sausage Factory

Quick On Cable: Martin and Copps Pull Out A Partial Win By Persuading Adelstein To Meet Them Halfway

Well, I’ll have a lot more to say over the next few days. And there were a bunch of very good Orders that came out on other subjects, like Low Power FM and mandatory disclosure requirements for broadcasters. But here’s the summary:

1) The Commission acknowledges that data about the 70/70 threshold remains unclear, and will therefore require that all cable operators must report real subscriber numbers, including all MDU subscribers, for 2006 and 2007.

OK, as regular readers will know by now, I think it was clear that cable penetration passed this threshold long ago. But since we at MAP have been asking the FCC to collect real data on this stuff from the cable operators since 2000, I am pleased with the ultimate outcome. Hell, I was telling Steve Effross of NCTA last night that I’d wait on the result to get real data from all cable operators so that we could do this right.

If I’m wrong on penetration, so be it. This is an empirical question and we should solve it through the obvious expedient of telling cable operators to actually report their subscriber numbers. Three cheers for Kevin Martin for having the courage to stand up to the wholly bought cable subsidiaries in the GOP, and three cheers for Michael Copps for pushing for collecting actual data from cable companies for years now.

As for Jonathan Adelstein. _sigh_ Yes, I’m still disappointed. I get that Adelstein doesn’t like being in the hot seat, that he thinks Martin is a — if you’ll excuse me — martinet who cooks the books, etc. etc. But he is just plain wrong on this one. As noted with copious citations in the MAP filings (see links in comments in previous post) the FCC has always relied on Warrens data and exclusively on Warrens data, which showed cable penetration hovering at pretty damn close to 70%.

And as for the much vaunted Cable 325 Reports that Adelstein and McDowell went on at great length about, I shall refer interested parties to the GAO’s analysis, with the lengthy but descriptive title “Data Gathering Weaknesses in FCC’s Survey of Information On Factors Underlying Cable Rate Changes.” And, as also mentioned in MAP filings, the FCC’s regulatory fees NPRM determined that cable gained 1.5 million subscribers in 2006. If we’re going to include all the FCC data, the fact that everyone (including McDowell and Tate) already voted to find that cable gained 1.5 million subscribers in 2006 should be included in the discussion as well.

But, at the end of the day, Adelstein voted to demand the cable companies provide the data and end this debate once and for all. That counts for a lot. Nevertheless, for me on this, Adelstein comes out of this a lot less like Han Solo and a lot more like Hamlet, spending five acts waffling and causing havoc before finally managing to stab the right villain.

As for Tate and McDowell — hardly a surprise. Given how thoroughly the cable guys appear to own the Republicans, the surprise is not that McDowell and Tate went with the cable boys but that Martin actually went ahead and defied them.

2) Leased Access: The Commission adopts a pretty good Order that will lower the rate, require cable operators to be more responsive, and generally force staff to get complaints processed quickly. Surprisingly, it took some convincing to get Adelstein to go along with this one, as the cable operator’s last minute complaint that they didn’t get enough due process struck a chord. (I love it that industry always discovers due process when they are about to get their comeuppance, but when it’s about shafting us the due process concerns go out the window.) Fortunately, Copps and Martin were able to broker a compromise that the FCC will stay operation of the new rate formula until after they process Petitions for Reconsideration. And surprise! Tate and McDowell dissented. McDowell’s comments about how leased access doesn’t work as an economic model run afoul of the fact that the record contains several examples of programmers that do make a go of it even under the existing abominable rules (such as CaribeVision). But when your “Mr. DeReg Guy” a little thing like facts will not figure into your theorizing.

A minor tweak. The Commission will not apply the new rate to home shopping channels, but rolled that over into a separate rulemaking. Given my general feeling on home shopping channels and the public interest, I can’t complain too loudly about this one. I don’t think it’s terribly needful, but I can live with it.

3) Section 616 Carriage Complaint: The process for independent programmers to file complaints with the Commission was up for major reform. It didn’t happen. Score a kill for the cable guys.

That’s the quick and dirty. I’ll try to have more over the next couple of days. But first I gotta take a little nap. It’s been a Hell of a month.

Stay tuned . . . .

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

Tales of the Sausage Factory

Utterly shameless self promotion

As regular readers know, I have no shame or restraint. So I am going to make a pitch for nomination for this University of Michigan Tech Writing Award. From the website:

Taking a cue from the open-source movement, we’re asking readers to nominate their favorite tech-oriented articles, essays, and blog posts from 2006. The competition is open to any and every technology topic–biotech, information technology, gadgetry, tech policy, Silicon Valley, and software engineering are all fair game. But the ideal candidates will:

* be engagingly written for a mass audience;
* be no longer than 5,000 words;
* have been published between January and December, 2006.

The guest editor for The Best of Technology Writing 2007 will be Steven Levy. It will be published in fall 2007 by digitalculturebooks, a new imprint of the University of Michigan Press and Library, and available in print and online.

THE DEADLINE FOR NOMINATIONS IS FEBRUARY 11, 2007.

You can fill out the nominating form here. A list of my personal faves on technology (not including straight media policy) from 2006 below . . .

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Posted in General, Tales of the Sausage Factory | Also tagged , , , , | 3 Comments (Comments closed)

Tales of the Sausage Factory

The GAO Makes the Case for Community Broadband

Not that you would know it either from the headline or the general coverage, but the the Government Accountability Office, Congress’ investigative arm, issued its own report that makes a strong case in favor of community-based broadband and against more regulatory goodies for the incumbent telcos and cable cos. Not that the GOA intended to make that case, and they word their conclusions carefully. But dig down into the actual report and you find a lot of good stuff beyond discrediting the FCC’s rosy numbers on broadband penetration and competition.

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Tales of the Sausage Factory

Tales of the Sausage Factory: Indecent bandwagon rolls on

Well the House and Senate have been busy little, ahem, beavers on the indecency front. The surprise is the provisions on media ownership. Will they survive a House vote over the opposition of the Republican leadership? Will Bush veto indecency regulation to save his buddies in big media? Stay tuned to Survivor: Washington.

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