So here it is “Super Duper Tuesday.” My own local primary (MD) will not be until next week. And while endorsing a candidate is always a perilous thing for those of us that work in Washington, I have decided to give the Tales of the Sausage Factory Endorsement to Senator Barack Obama.

Why? See below . . . . [Read More!]

Someone tell me why Canadians seem to be so much smarter than we are, at least on the public policy fronts that I cover. Maybe we should try to convince Michael Geist to take a position at one of the local law schools here in DC?

Whatever it is, two recent developments in Canadian media and information policy highlight that a does of common sense and a willingness by government ministers to (a) actually listen to what people have to say, and (b) learn something from our mistakes.

First, the Candian Radio-Television Commission (CRTC) just announced it will impose new national ownership limits and cross ownership limits on its broadcast media. Why? As stated in the CRTC release:

The trend toward greater consolidation in the broadcasting industry has raised concerns that a large ownership group could achieve a dominant position through acquisitions, which could bring about a reduction in the diversity of local, regional and national content. To address these concerns, the Commission has decided to:

* impose limits on the ownership of broadcasting licences to ensure that one party does not control more than 45 per cent of the total television audience share as a result of a transaction; and
* not approve transactions between companies that distribute television services (such as cable or satellite companies) that would result in one person effectively controlling the delivery of programming in a market.

While I think their national cap is too high, I applaud CRTC for recognizing the need for regulation staring them in the face as consolidation continues to grow. What a far cry from the debate we have in public policy circles in this country, in which regulators vie with each other for who can do more favors for their industry patrons, discuss how to raise ownership limits to permit more consolidation, and argue over whether to deregulate just a little more or a whole lot more.

The second “Canada is smarter than we are” example comes from last month's succesfull citizen campaign to delay introduction of a “Canadian DMCA”. When Canada's Conservative government seemed quite willing to acquiesce to industry demand to produce — in a fair use parody of Simpson's Comic Book Guy — the worsht copyright ever, a grass roots movement organized that apparently shocked the government with its vehemence and popularity with mainstream Canadians. The government delayed introduction of the proposed Copyright Bill until at least the end of this month, where hopefully Canadian common sense will once again send it packing.

Meanwhile, in the United States, Democrats and Republicans join together for bipartisan legislation designed to turn the Department of Justice into the enforcement arm of the entertainment industry, and judges weigh whether the act of copying a legally obtained CD onto your computer for your own personal use constitutes a copyright violation for which you can be fined and/or do jail time.

Oh Canada, why can't you teach my native land a thing or two?

Stay tuned . . . .

Greetings gentle reader! Welcome to another chapter in my occasional series “What All Policy Wonks Need to Understand About Economics So They Can Spot The Industry Baloney” aka “The Econ 101 Gut Check.”

In today's lesson, we look at two concepts often confused with one another. UBIQUITY, which means how widely available something is; and SUBSTITUTIBALITY, which means whether people regard one thing as a substitute for their first choice. Most arguments for deregulation of the media and the internet rest on confusing these related but very different concepts. For example, the argument that the availability of video clips on YouTube or other types of content creation confuses ubiquity and substitubality, as does the argument that cellphones compete with DSL and cable for broadband access.

But according to this USA Today article (reporting on this study by the PEW Internet and American life project), teenagers who actually use this stuff on a regular basis understand the differences perfectly. And if regulators, policy types, or even just folks who care about getting it right for its own sake want to get our national media and broadband polices right, then we better learn from these teenagers and get the difference between ubiquity and substitutibility straight.

Class begins below . . . .
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The awe-inspiring thing about the progressive reform movement is how many small organizations of dedicated people are making a major difference in the word.

Below, I reproduce a recent end of year letter from WIMN — Women In Media And News. These women run a small and incredibly effective shop. If you want to support organizations that are making a difference, these are good people who can really use the money.

Stay tuned . . . . [Read More!]

O.K., I promise to be all about the telecom and politics and yadda yadda yadda tomorrow.

But tonight — My wife and son and I watched the Red Sox take their second World Series title in 90 years.
Red Sox 4
Rockies 3

RED SOX RULE!!!! GO SOX!!!!

Stay tuned . . . . .

I occasionally grouse that no one in mass movements ever remembers the lawyers, or why else does my employer Media Access Project keep needing to check behind the couch cushions for loose change, given our track record? But I live in the bloody spotlight compared to some of the others that have made the modern media reform movement possible. Which is why I want to take a moment to give Becky Lentz, formerly of the Ford Foundation, a big shout out.

For the last 6 years, Becky worked at the Ford Foundation as program officer for their media policy and technology portfolio. In her own way, Becky had as much to do with the victories of the last few years in resisting – and in some cases rolling back – media concentration and promoting positive change. Last month, Becky’s term ended and she returned to Academia.

What makes Becky Lentz an exceptional figure when they write the history of the media reform movement? See below . . . .
[Read More!]

Once again, Public Knowledge is calling for nominations for its IP3 Awards. These awards honor people who have made valuable contributions in the fields of intellectual property, information policy, and internet protocol. Nominations must get in by September 14. Send nominations to IP3nominees@publicknowledge.org.

To quote from the PK announcement:

These are individuals who over the past year (or over the course of their careers) have advanced the public interest regarding one of the three kinds of “IP.” While these increasingly overlapping policy arenas pose important challenges for us, they also create important opportunities for creative individuals in each of the three underlying fields to advance the public interest.

Normally, this is where I would insert a rather broad hint that the labor of yr hmbl obdnt blogger and others in the realm of open spectrum would make me an excellent candidate for nomination. Fortunately, you are spared this outrageous and self-serving spectacle by the fact that I am actually judging the nominations this year. Accordingly, nary a word of encouragement that might suggest bias on my part shall pass my lips or make it to this public page.

Instead, I'll just urge everyone to send nominations in by September 14. Remember, send your nominations to IP3nominees@publicknowledge.org.

Stay tuned . . . .

As I repeatedly observed during the lead up to last Tuesday's FCC meeting to decide the rules for the 700 MHz band, it is an extremely risky business to try to guess who will bid at this stage. Despite the much shorter time between announcing the rules for the AWS auction last year and the time bidders needed to get their forms in, numerous companies changed their positions, created new ventures, and generally did the unexpected.

Now, with everyone speculating whether whether or not Google will really bid or whether the cablecos will give the telcos a run for their money, comes a significant change. In the course of a week, Sprint has forged an alliance with Google, followed a few days later with a surprise request to exit the cableco consortium SpectrumCo. This comes on top of Sprint's announcement two weeks ago that it will team with Clearwire to do nationwide WiMax.

And suddenly all those wise speculations about how Sprint won't bid because it doesn't have the cash and it has enough spectrum, Clearwire won't bid because it's too small to challenge the telcos, and Google won't bid because they don't have the expertise and don't want to spend the money, need some serious recalculation. A Google/Sprint/Clearwire consortium (with possible help from Intel, which both owns a chunk of Clearwire and participated in the auction rulemaking as part of the “4G Coalition” with Google, Skype, and Yahoo!) looks like much more of a spectrum player than any of them alone. Sprint and Clearwire have the infrastructure and expertise, Google has the bucks and the need to expand into wireless. Further, depending on the nature of the partnership, Google could start testing and and marketing its wireless services now so that it does not have to wait until it has built and activated a network (which probably won't be until 2010 at the earliest).

Meanwhile, what happens to SpectrumCo.? Granted the cablecos still have no plan for the licenses they got in the AWS auction (since, lets face it, the real reason to show up was to block DBS from getting a terrestrial broadband pipe), but to the extent they pretended to have a plan, they usually cited their ability to work with Sprint as a means of implementing it. So what happens now? Granted the cablecos still have tons of money to throw at this, but how will Wall St. treat their stocks if they look set to pour another couple of billion into a business without the benefit of an experienced partner with existing infrastructure? And besides, with the FCC adopting anonymous bidding, the cablecos will find it much harder (if not impossible) to target and block rivals without going all the way and actually winning the licenses. (Remember, blocking is usually cheap because you don't usually have to spend the blocking premium, you just have to prove to the other guy that you are willing to spend the blocking premium. It's like when tough guy walks in on shopkeeper and asks if shopkeeper would like to buy “insurance.” Tough guy doesn't have to actually trash the store to get paid. As long as shopkeeper believes tough guy will break his legs, shopkeeper will pay to avoid testing the theory.)

So, a mere three days after the FCC announces rules, we find ourselves reexamining the conventional wisdom in light of changed events. McDowell rather relished the warning he gave Martin and the rest of the majority that it was “risky” to tailor the band plan to attract a single “white knight” who would become a new national broadband provider. Suddenly, Martin's confidence that if you set the table folks will come to dinner seems a bit more justified.

But it's still a few months until FCC forms to participate will be due, and anything can happen in between.

Stay tuned . . . . .

At the conclusion of yesterday's meeting, Commissioner Adelstein announced the departure of Barry Ohlson. Barry has been Adelstein's wireless adviser since forever, and Adelstein's senior legal adviser for sometime. Lord knows he deserves a rest.

Commissioners, of necessity, rely very heavily on their advisers because Commissioners must be generalists. In addition, because the Government in the Sunshine Act prevents the Commissioners from meeting together except at public meetings, a far amount of the drafting and negotiating on FCC decisions happens at the adviser level. Finally, advisers serve an important meeting and screening function for overworked commissioners. A Commissioner must therefore rely on an adviser for a multitude of skills. An adviser must not merely have expertise in the law, policy, economics and engineering of the subject matter, but must have a rare combination of discretion, diplomacy and judgment.

In my opinion, Barry has been one of the best and a fantastic asset to Commissioner Adelstein's office. I will miss working with Barry on wireless issues, although his successor, Renee Crittendon, has certainly come through her trial by fire in the 700 MHz auction with a fine crown of laurels based on the conditions Adelstein and Copps were able to secure for enforcement of the device open access rule in the C Block.

So good luck to Barry Ohlson, wherever he ultimately lands. Who knows, perhaps someday he will be back on the FCC's 8th floor, but as a commissioner instead. After all, Kevin Martin got his start at the FCC as adviser to Commissioner Furchgott-Roth. I can hope, anyway.

Stay tuned . . . .

Tonight, and for the next several days, Senator Richard Durbin (D-Il), the #2 man in the Senate, is conducting an experiment in direct democracy and taking a bit of a risk. He will spend the next week in real time blogging over potential legislation. No carefully crafted “town meeting” or managed event, and no showing up as a walrus a la Second Life. Just a chance for people to actually hash out issues with someone who will vote on these things in the Senate.

Here is a reprint of the announcement. I will add that I will be participating as a featured blogger as part of the debate on wireless policy and munibroadband on Thursday night.

Stay tuned . . . .

Starting this Tuesday evening, July 24 and each evening this week at 7pm EST on OpenLeft.com, Senator Durbin and his staff will blog nightly on a broad swath of broadband policy issues. Based on this discussion, the Senator wants to attempt to write legislation this session. Each evening kicks off with discussion from individuals who have worked a long time on the topic of the evening, but the intent is to spur broader comment from as many as is possible. This is no meaningless exercise: it is a genuine attempt to try to open up the legislative process. All input matters in a very real way.


I've attached below links to the letter announcing the initiative as well as the schedule for the week. Please feel free to share it with those you think might be interested in taking part. It is my hope that those who care deeply about these issues will blog about it, point folks to our discussion, and comment themselves. We'll also be scouring the web for other places that related discussion happens this week, so if you blog about it, please let me know so we can follow where discussion goes on your site too.


I hope you'll join us and help to get the word out. Please feel free to contact me with any questions.


Press release: http://durbin.senate.gov/record.cfm?id=279504
Open Letter: http://www.openleft.com/showDiary.do?diaryId=318