Google is cleverly and stealthily leveraging a Google-friendly-FCC and lax U.S.-Google antitrust enforcement to extend its global Android mobile operating system dominance to increasingly disintermediate and dominate the spectrum administration function embedded in the firmware of smartphones, connected cars, and Internet of Things devices.
The First Amendment reads (in part): “Congress shall make no law…abridging the freedom of speech….” “Abridge” is legally defined as: “…(T)he making of a declaration or count shorter, by taking or severing away some of the substance from it.” The Founders prohibited the government from not just silencing speech – but from doing anything at all to in any way reduce it.
There are troubling signals that the FCC is gearing up to further increase regulation of cable — on top of the extra-legal new utility regulation the FCC already did in its 2015 Open Internet Order.
The FCC’s approach to special access is all wrong because they should be doing the exact opposite of what they are doing. The FCC should be price de-regulating special access, not signaling increased micro-regulation of special access rate terms and conditions.
Kudos to Senators Mike Lee and Orin Hatch, and Rep. Blake Farenthold for their leadership and wisdom in advancing the SMARTER Act, H.R. 5402, “Standard Merger and Acquisition Reviews Through Equal Rules.”
To try to justify mandating Title II utility regulation of broadband and the blocking of the Comcast-Time Warner acquisition, the Administration and FCC had to gerrymander broadband definitions to reach their political goal that wireless broadband service not be considered an official competitor to wireline broadband service.
The juxtaposition of Google tacitly accusing the EU with “digital protectionism” and “discrimination” as the EU’s Digital Chief, Günther Oettinger, visits D.C. and Silicon Valley, while the Google-created Internet Association this week asks for U.S. protection from ISP “discrimination” in an appeals court brief in support of the FCC’s Open Internet order – exposes exceptional hypocrisy.
The FCC’s latest legal brief defending its Open Internet Order, will represent the FCC’s “strongest possible” legal arguments for its Title II net neutrality case – a vainglorious legal fortress.
Let us ponder for a moment who and what Google is. Google has made tens of billions of dollars – being all up in your business. Uber-efficiently doing what governments the world over have for centuries only at best bumblingly attempted – accumulating reams and reams of data on millions and millions of people.
It hasn’t been a great year from the perspective of shrinking government. In fact, it’s been terrible. Really awful, pork-and-cronyism-filled programs are being refunded, renewed – and even resurrected.
There should be no innovation or competition double standard where government politically picks winners and losers by rigging competition via denying some companies the freedom to innovate and compete spectrally while granting it to their competitors.
One of the advantages Big Government advocates have in their efforts to end the private sector – is the size of the victim. A $17-trillion-a-year economy is so huge – it almost always takes a lot of time to dismantle.
Imagine if one company out of the Fortune 500, #474 with ~$6b in revenues, and 2,000 employees, representing about .03% of U.S. GDP, and .06% of the population, comprised 36%of all the vehicle traffic going in one direction on our interstate highway system on any given day.
While the FCC’s Open Internet Order fact sheet stated: “the Order makes clear that broadband providers shall not be subject to tariffs or other form of rate approval, unbundling, or other forms of utility regulation,” will the FCC majority — in its first post-Open-Internet-order ruling — cynically do the exact opposite by imposing de facto “utility-style rate regulation” to the IP transition from copper to fiber networks?
Right now, while this Title II net neutrality horse race is still being run, the FCC and their political backers are high-fiving everyone in their loge viewing box, because they think that their strong race start means that they have already won the race.
Democrat Rep. Anna Eshoo (D-CA) just penned an editorial for the San Francisco Chronicle. That has the patchouli whiff of her writing while sitting at the corner of Haight and Ashbury – in August 1968. It is warmed-over Hippie-Dippie, Flower Power, Socialist nonsense.
A “can-do attitude” was the essence of the Internet for the last twenty years, making it a unique decentralized place of endless possibilities and opportunities. No more, the FCC has changed the “can-do” Internet into a “can’t-do” Internet, by centralizing control via the imposition of unnecessary 1934 telephone utility regulation.
The FCC’s just operative Open Internet Order, with its classification of broadband as Title II common carriage and vague Internet conduct standard, sets ISPs up for FCC “gotcha” or contrived regulation and enforcement.