Tales of the Sausage Factory

Worsht Ex Parte Ever: I Gloat Over Latest D.C. Cir. Case on a Procedural Point

One of the constant irritants for me and others trying to follow what happens at the FCC is the problem of “the too brief ex parte.” Under the Commission’s rules (47 C.F.R. 1.1200, et seq), when a party meets with FCC staff on an open proceeding, the party is supposed to submit into the record a written statement providing a summary of the conversation. This is called a “notice of oral ex parte presentation” in FCC-speak, but we usually shorten this to just ex parte. By rule, the ex parte should provide a reasonable explanation of what took place so that a reader can get a sense of the argument made (although you can refer back to a previous filing to avoid repetition). In practice, however, you usually get nonsense like this piece of garbage from Alltel which wins the Comic Book Guy Award for “Worsht Ex Parte Ever.”

So it was with a considerable amount of schadenfreude that I saw the D.C. Circuit whomp Sprint/Nextel for producing crappy ex parte‘s that failed to provide a record of their no doubt numerous detailed conversations with Commission staff. This failure to leave a record resulted in dismissal of Sprint’s case and may cost it many billions of dollars.

More gloating below . . . .

Read More »

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

Tales of the Sausage Factory

Yo Google! Your Lawyers Are So Stupid, They Copy AT&T!

I had an unfortunate head desk moment this morning on reading that Google Ads (such as the ones to the right on your screen) reserves the right to pull their service if you engage in “any action or practice that reflects poorly on Google or otherwise disparages or devalues Google’s reputation or goodwill.” This looks suspiciously like the terms of service my fellow travelers on net neutrality slagged AT&T for using.

In both cases, I expect that the intent is not to yank people who say nasty things about the parent company, but to reserve the right to yank the service when someone does something revolting. “Look, NAMBLA uses Google Ads, Google supports pederasts.” or “Look, the worlds worst spammers have AT&T connections, they support spam.” By why can’t my lawyer colleagues just say so, instead of writing something so broad that it covers even general criticism? Yes, “tarnish” is one of those words of art that all us legal folks understand has a very specific meaning. But it doesn’t do a damn bit of good when folks who are trying to understand the terms of service are not lawyers, which — outside of DC — covers most of the user population.

I have no doubt that the usual suspects will be out baying for blood and denunciations like the staff of the Clinton and Obama campaigns after a rival campaign staffer sneezes funny. So even though I did not give a rat’s patootie on the AT&T terms of service (being a lawyer and understanding what it meant), I shall now both condemn Google for being so stupid and test their policy by making several derogatory comments about GoogleAds.

[Begin OUTRAGEOUS accent]
Hey, GoogleAds! I fart in your general direction! I wave my very naughty bits at you! You are so lame, you copy terms of service from AT&T!

Now change your TOS to something sensible or I shall taunt you some more.
[end OUTRAGEOUS accent]

Did the ads on the screen disappear? No. Good. Can we consider this settled and actually get back to real policy?

Keep this up and I shall need to make a major speech about “Terms of Service In America” and invite us all together for some major healing.

Stay tuned . . . .

Posted in Censorship Public and Private, Tales of the Sausage Factory | Also tagged , , , , | 1 Comment (Comments closed)

Tales of the Sausage Factory

Hot Bi-Partisan Action On Cable Part II — All Eyes On Adelstein As Cable Vote Nears

So I spent a good deal of time in Part I explaining why 70/70, leased access, and the rest of it are necessary steps to curb cable market power. You can also see the back and forth between MAP and the cable guys on whether the 70/70 threshold is met (for those of us that actually care about the substance) either by going to the FCC’s Electronic Comment search page and pluging in the docket number 06-189. Or you can check out what my friend Greg Rose has written on his blog. Because regardless of what you think the policy is, there is an actual empirical question here that — if we required cable companies to submit real subscriber numbers to the FCC rather than letting them file whatever the heck they want without any kind of verification or standard system of reporting — we would be able to answer.

And, as we head to a vote on Tuesday, Democratic Commissioner Jonathan Adelstein remains the swing vote. As regular readers know, I defended Commissioner Adelstein during the 700 MHz Auction fights when some of my friends in the movement wondered whether Adelstein was taking up the cause of the wireless companies against the consumer. Then, my faith was rewarded when Adelstein came out in favor of wholesale. Even though we ultimately lost that fight, there was no doubt that Jonathon Adelstein was on the side of the people not the special interests.

But now we come to cable. Where Commissioner Copps has always been a clear and unambiguous foe of cable market power, Adelstein has always been more … nuanced. For example, when Comcast and Time Warner divided up bankrupt Adelphia cable, Copps voted against the merger while Adelstein concurred in part and dissented in part. Adelstein used his concurrence to extract a promise from Chairman Martin to reform the cable leased access process. So was this going along with big cable or shrewd realpolitik? At the time, and still, I argued the later, trusting that Commissioner Adelstein’s longstanding support for diversity and strong stand against media consolidation belied the rumors that he was “soft” on cable consolidation.

More troubling was Adelstein’s recent concurring statement with Republican Commissioner Robert McDowell on denying Comcast’s request for a waiver of the 1996 law requiring cable operators to create an open, standard interface for cable set-top boxes. But OK, Adelstein did vote to deny the waiver and was apparently chiefly honked off that Martin was cutting Verizon a break but not Comcast. While I might disagree (giving Verizon two years to develop compliance for a non-cable system when Comcast and the rest of the cable industry got ten years on the same excuse doesn’t seem that outrageous to me — given that there are real honest-to-God technical differences between FIOS and cable systems and CableLabs, which developed the cable card standard, is a cable industry operation), I can at least understand where folks might get peeved at Martin’s apparent favoritism between the telcos and the cable cos (more on that in Part III). And, after all, Adelstein did vote to actually enforce the law against the cable industry.

But still the same ugly rumors persist — Adelstein is soft on cable. Adelstein is looking for an excuse to avoid the vote. Adelstein wouldn’t vote against cable on Comcast’s fight with The America Channel except that Copps voted with Martin and ADelstein didn’t want to look bad. etc., etc., etc.

Washington is a cynical town. It’s always easier to believe that people are acting because they are owned by this special interest or owe favors to that industry than to believe that people are trying to do their best in a complicated world. I am an oddball in starting from a position that I give those on the same side as me and those on the opposite side the benefit of the doubt until I see something that puts it beyond doubt that a person is favoring a private interest or industry over the public interest no matter what.

So we come down to the wire on cable. I’ve fought the cable industry on these issues for the last 8 years, and I am a newbie compared to some of the folks in the movement that lived to see the vote on Tuesday. I believe that, as an objective matter, the 70/70 cable penetration benchmark has been met — and was met at least as early as 2005. I continue to believe that cable exercises market power over programming and subscription rates and that the FCC needs to address these problems.

And I believe that Commissioner Adelstein, like Commissioner Copps, cares about diversity of programming and protecting consumers from cable market power. At least, I believe it now. And I hope I’ll still believe it after Tuesday.

Stay tuned . . . .

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

Tales of the Sausage Factory

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 . . . .

Read More »

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

Tales of the Sausage Factory

Look Who's Talking 700 MHz: Edwards, Bloggers, and Moveon, Oh my!

[Channeling Our Great Master, Stephen Colbert]
In an obvious attempt to curry favor and win the valuable “Tales of the Sausage Factory” endorsement, John Edwards released a letter to FCC Chairman Kevin Martin the day after I announced I was scoping out his campaign. The Edwards letter endorsed three key policy positions of the Public Interest Spectrum Coalition: open access, network neutrality, and — my all time favorite and beloved of intensly geeky issues no one else gets — anonymous bidding.

That’s right! The Edwards campaign is actually cluefull enough and willing enough to get “into the weeds” to the point of endorsing anonymous bidding. Of course, the Edwards letter does not actually mention “ToTSF” or even PISC by name, but I’m sure that was just an oversight from the amazing speed with which they rushed to endorse the PISC positions after hearing that I was “checking them out.”

So, for all you folks from the Edwards campaign no doubt hanging on these words, all I can say is — well done! A tremendous Tip of the Hat to all of you. Still, in fairness to the other candidates (both Republicans and Democrats), I will need to wait to see whether they chose to endorse the PISC proposals before giving an official ToTSF endorsement.

[End Colbert]

Of course, Edwards isn’t the only one to start talking about the 700 MHz auction and what it means to our broadband future. For who else is talking about PISC proposals and the impact it appears to be having on Washington, see below . . . .

Read More »

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

Tales of the Sausage Factory

There's funny “ha ha” and there's funny “patheticly lame” . . . .

As anyone who watches television or movies knows, some things are outrageously funny because they hit the comedy bone just right. Other things are unintentionally funny. They come accross as so lame, so sad, so pathetic, that you can’t help but laugh.

Net Neutrality has produced some fine examples of both. No doubt I show my biases by finding many more examples of genuinely funny stuff in the pro-NN camp and many more examples of pathetically lame in the anti-NN camp. But two recent examplars absolutely stand out.

Read More »

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

Tales of the Sausage Factory

WIFI and Democracy

Check out this article on high tech anarchy protests during the RNC Convention in NYC. While I don’t condone the illegal uses (e.g., breaking in on protected licensed frequencies), I do applaud the many creative uses of wireless networking — made possible by the FCC unlicensed rules.

And I’m off on vacation, culminating in the community wireless summit. No doubt I’ll have loads to wax eloquent about when I return.

Stay tuned . . .

Posted in Tales of the Sausage Factory | Also tagged , | 1 Comment (Comments closed)

Tales of the Sausage Factory

Tales of the Sausage Factory: Will Janet Jackson's Bosom Baring Kill Comcast/Disney Deal

Granted its a cute headline, but what the heck am I talking about? Comcast and Disney had nothing to do with Ms. Jackson’s little “costume malfunction” and besides, isn’t this just a case of standard election year pandering by legislators on a nothing issue? Welcome, dear readers, to Washington Land, an E-Ticket Ride in the funhouse where surface appearances are very decieving . . .

Read More »

Posted in General, Tales of the Sausage Factory | Also tagged , , | 1 Comment (Comments closed)

Tales of the Sausage Factory

Tales of the Sausage Factory: Fileswapping- Wither To in '04

The inevitable end of year/start of year column of rehash and predictions. No doubt I’ll regret this column next December, but if you’re interested in my predictions for the future of file sharing in 2004, read on.

Read More »

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

    Follow Wetmachine on Twitter!

Username
Password

If you do not have an account: Register