700 MHz Final Tweaks: Limited Relief for Frontline, Google Looks to Bid

So with the December 3 date for the filing of short forms to participate in the 700 MHz auction looming ever closer, we see some last minute shifting about and settling of a few lingering details. First, in the I called it category (as did my friend and fellow Wetmachiner Greg Rose, various news outlets report that Google seems increasingly likely to bid in the 700 MHz auction. Further support for the idea that Google really intends to bid comes from their filing a request for clarification from the FCC that when the FCC said “no discrimination,” they meant the usual statutory version that allows discounts for volume customers and such what (the usual statutory language prohibits “unreasonable discrimination,” which allows for things like bulk discounts provided everyone that meets the criteria gets the same deal).

Mind, it isn’t a sure thing Google will bid until it files a short form, and folks can file to bid without being willing to put up the money. But given the number of folks who said Greg and I were on crack for expecting Google to actually put up its own money to go against the likes of Verizon, we can perhaps be forgiven for patting ourselves on the back for being so far out ahead of the curve on this.

More importantly, perhaps, is the FCC’s decision last week to provide limited help to Frontline Wireless by allowing a designated entity (DE) that wins the D Block auction to wholesale its spectrum without losing its DE credit. (You can read the FCC Press release here and the full text of the Order here.) Now how does this help? And why limit it to D Block? And what the heck is a “DE” anyway?

Answers and speculations below . . . .

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Of mice and pirates

I had always understood patents to be about the mechanism of the device, not it’s effect. E.g., a particular mouse trap design, not the idea of catching mice.

But what do I know? Squeak blogger Torsten turned me on to this article about some courtroom pirates suing Apple over the User Interface in their latest operating system release. The original patent was for an old Xerox UI implemented in Interlisp-D, and now owned by a holding company.

Apple’s Tiger operating system isn’t implemented in Lisp. Do you suppose the lawyers are basing their argument on Greenspun’s Tenth Rule?

Happy Birthday Federal Register

Yesterday, the Federal Register turned 70. While unknown to most normal folks, the Federal Register (or “fed reg” as we admin lawyers like to call it) is the official publication for the U.S. Administrative state. Just about all major administrative undertaking such as rulemakings, inquiries, and consent decrees become official and/or final when published in fed reg. Many a young associate or paralegal has the unenviable task (albeit made easier by electronic databases and online access) to keep a watch on fed reg for publication of any documents of potential relevants or to track administrative deadlines.

So happy birthday Fed Reg!

The ongoing war on the consumer

The entertainment industry continue to pursue what has to be labeled as an all out war on the consumer. We all know about the lawsuits filed by RIAA and the MPAA regarding alleged illegal downloading. Aside from the fact that any sane business model doesn’t include “suing your customers” as a major money making scheme, it seems that the RIAA lawsuits are simply a shakedown… pay us $7500 and we won’t sue you. Fortunately, some people are fighting back with the help of lawyers who realize the judicial system is being used like a bank robber’s gun.

But, of course, there’s another front in this war…

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Tales of the Sausage Factory: More Than A Toaster With Pictures

My colleague Cheryl Leanza and I wrote an article for the American Bar Association Communications section defending media ownership limits and explaining why the old rules should be retained. It’s written with lawyers as the target audience, but we think we put it in English. It is available here.

Stay tuned . . . .