Tales of the Sausage Factory

Whether Obama Will Fight For Public Option Is Irrelevant. The Question Is, Will We?

Chris Bowers, as usual, hits it dead on in this piece on OpenLeft. While we may despair of the Democrats lack of spine, the question is whether we are willing to stand up and fight for our principles.

Opponents of the public option are willing to make angry calls, attend rallies, spend money like water to make their point. Why shouldn’t a rational member of Congress assume that they carry the majority if we cannot muster a tenth of the enthusiasm to fight for our principles?

Donna Edwards (D-MD) spoke at America’s Future Now in June. As the audience pressed their demands she responded “Look, I’ve been to a whole bunch of Progressive retreats. I know what the demands are. The question is whether any of you will actually make calls to members of Congress to try to make this happen.”

And now we find that the Obama Administration has taken the silence of the Progressive movement as a willingness to compromise. Why are we surprised? But the question is not whether Obama is a good or bad person, a traitor, a realist, a disappointment, or anything having to do with Obama. The question is, what are we going to do. As the Bible tells us:

It is not in Heaven, that you shall say: “Who shall ascend into Heaven and bring down the Word to us that we may hear it and obey.” Nor is it over the sea, that you shall say: “Who shall go over the sea and bring back the Word that we may hear it and obey.” For the Word is near to you, it is in your mouth and in your heart for YOU TO DO. (Deut. 30:12-14 )

As always, we must rely upon ourselves, not some imagined political party. How can we be betrayed if we will not even get up off our ass to fight?

Stay tuned . . . .

Posted in "A Republic, if you can keep it", Tales of the Sausage Factory | Also tagged , , , , | Comments closed

Tales of the Sausage Factory

Will The Broadband Stimulus Package Get Strangled In The Craddle? And Why That Would Be A Disaster For Policy.

More and more, I’m feeling like a volunteer for the “Mark Sanford in 2012 Committee” finding out what “hiking the Appalachian Trail” really means. I have been a huge supporter of this program from the beginning. Even though I have had some concerns along the way, I have tried to keep the faith.

But the more I see about how this will get implemented, and the more deeply I delve into the details, the more I worry that a potentially great program capable of fundamentally altering our broadband future for the better to something so ridiculously screwed up that we will actually lose ground on both future funding and future policy.

The thing that finally broke my willingness to believe was this eyewitness report I got from my brother and business partner, Shmuel Feld, who attended the first NOFA Workshop held Tuesday, July 7 here in DC. A representative from RUS was explaining how applicants must fully document “unserved” and “underserved” at the census block level — but without access to any carrier data because carriers regard this as proprietary. Then, assuming the application survives to the NTIA/RUS “due diligence” round, the agency will invite broadband access providers in the area to submit confidential information to demonstrate that the area designated by the Applicant is not underserved or unserved. The applicant will have no opportunity to rebut any evidence submitted against the Application. From my brother’s report, this prompted the following exchange:

From Audience: If we, the people, do not know where the (BB) structures are or what the penetration numbers are and the big companies are not sharing these numbers or can deny them in the second round (when it is convenient) under the due diligence investigation, then how will we find out all of the information necessary for the application?

(Direct quote of RUS guy): Well that’s quite a challenge, isn’t it?

The RUS guy’s next line was a suggestion like “boots on the ground and canvassing a county” I could not hear him clearly because of the (I am serious) laughter.

OK, let me explain something to anyone from RUS or NTIA reading this. Giving Applicants an impossible task is not a “challenge.” It is a recipe for failure and a sign that you — NTIA and RUS — have screwed up big time.

I explore what I think is happening, and how it might still get fixed in time to save both the broadband stimulus package and the future of BB policy for the rest of the Obama Administration, below . . . .

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

Tales of the Sausage Factory

It's Always Nice When The FCC Listens

A few months ago, fellow Wetmachiner Greg Rose and I wrote a wrote a white paper on how to improve the FCC’s processes, make FCC rulemakings and proceedings more accessible to the public, and generally increase the legitimacy and reliability of FCC decision making. As one relatively easy change, we suggested the FCC post the agenda for open meetings far enough in advance that people can come in and make their last pitches to the agency before “Sunshine” (the period when communications stop under the “Government In the Sunshine Act”) kick in. As we explained, providing the agenda at the last second often advantages insiders who hear when an item is likely to go on the agenda, who therefore rush in while those who don’t know the item is going on Sunshine will lose their last chance to rebut arguments or press their case.

So it was pleasant to see Chairman Martin announce that from now on he will publish the likely agenda 3 weeks in advance. That should be a big help to everyone — including the other Commissioners, who will not suddenly find themselves with a week to digest an agenda of a dozen items.

Yes, it is a relatively minor change, but it is important in two ways. First, practical details really do matter. That sometimes gets lost in the fight over specific substantive issues. Second, it demonstrates a willingness by Martin to listen to criticism and take action — at least on the low hanging fruit. Such things deserve notice and suitable (although not overly elaborate) praise. Remember, public policy is made by human beings, and you get what you reward.

Stay tuned . . . .

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

Tales of the Sausage Factory

Assessing the 700 MHz Order Part II: “C” Does Not stand For “Crap;” Why the Wireless Carterfone Condition Is A Big Win.

Few things in the last few days have generated more discussion and overall pessimism in the Order than the C Block “wireless Carterfone” or “network attachment” conditions. “A tease,” says Art Brodsky. “Crippled by loopholes,” opines Susan Crawford.

“Not so fast!” Says yr hmbl obdnt blogger. In point of fact, there is a a hell of a lot here to like in the C Block conditions. Not just for trying to get actual devices attached, but in terms of FCC precedent and broader spectrum policy. This is an “Eyes on the Prize” moment, similar to the preliminary decisions that culminated in Brown v. Board of Education. We did not win the grand prize, but we got a lot good precedent for future spectrum reform.

Further, as I explain below, I do not think the conditions the FCC imposed here are meaningless. To the contrary, I think the rules are about as aggressive as possible to draft (as I worked hard with Commissioner Adelstein and his staff to think of anything I could possibly add to them). But at the end of the day, what matters is the political will. If the next FCC (which will be the FCC that enforces this) wants to give these license conditions meaning, it has the tools to do so. If a future FCC wants to make this meaningless, then there is nothing we can do no matter how well we draft things.

And I will add that if anyone has some better ideas on what to put in as rules, they should certainly file Petitions for Reconsideration

My analysis of why the C Block conditions do matter below . . . .

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

Tales of the Sausage Factory

Brilliant Indictment of Bush and His Proxies from MSNBC

See Keith Oberman give a passionate, well spoken condemnation of the efforts by Bush, the folks at Fox News, and the rest of the Republican “noise machine” to rewrite history. Ten minutes long, but well worth it. Click here.

Would that we could find such willingness to challenge the powers that be on broadcast networks.

Stay tuned . . .

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Tales of the Sausage Factory

FCC loses a good one

Lest you think I only speak ill of FCC staff, I was quite sorry to see on Mike Marcus’ Spectrumtalk blog that Alan Scrime, Chief of the Policy and Rules Division of the Office of Engineering and Technology, is leaving the FCC to take a job with the Army close to his home in New Jersey.

In the time I’ve been working on unlicensed spectrum issues (which OET handles), Alan has always been a pleasure to work with. A smart fellow who has been just as interested in what the non-commercial folks are doing as he has been with the established players or well-funded start ups, Alan has also displayed considerable patience and willingness to explain things to non-technical folks such as myself.

Sorry to see Alan go, and wishing him luck with the Army.

Stay tuned . . . .

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