February 25, 2008
Another voice: the FCC needs to change
If you are a regular reader, you’ve seen a number of rants from all parties here on Third Pipe demanding change at the FCC. We’re skeptical of “net neutrality” legislation that keeps resurfacing in Congress because it always extends the reach of the feds who are part of the problem rather than part of the solution. Broadband needs to become an ecosystem rather than the heavily regulated and by virtue of regulation protected duopoly that exists today. In an ecosystem, the customer choses the winners and losers. In the regulated environment, the nanny state makes the selection for us. We prefer to make our own choices thank you.
In a post on Cnet today, the Free State Foundation’s Randolph May goes a step further than the usual Third Pipe position, convincingly arguing that regulation of all electronic media needs to end:
So what to do? The existing Communications Act, which ties regulatory activity to outmoded techno-functional regulatory constructs, should be replaced by a statute tying regulation firmly to marketplace realities. What would then matter would not be whether a service is classified as “telecommunications,” “cable,” “broadcasting,” “mobile,” and so forth, but whether services face marketplace competition.
At the very least, I’m now convinced that the regulation debate does need to extend to all electronic media. It’s a good read, worthy of your consideration. I’ll be spending time contemplating Mr. May’s position, you should too.
Filed under Garry's Rants, Legislation / Regulation, Net Neutrality by Garry King




Comments on Another voice: the FCC needs to change »
I might not go all the way to what Mr. May proposes, but darn close. The Communications Act of 1934 needs to be scrapped that’s for sure. It’s been tampered with 4-5 times in the intervening years and the politics can’t keep up with the technology change.
On the wireline side I see no technical reason that the pipe can’t be totally open to competition. We had that for a while with CLEC’s but that got all screwed up thanks to the ‘K’ street crowd.
Wireless slightly different. Somebody needs to be ‘cop’ so people don’t step all over each other. But even here I could see a technology-management partnership utilized. ICANN for all its warts is a dang sight better than the FCC. So you let them to the assignment. Then anybody doing DTV, SW, AM must have a digital date stamp switch on the power amp or it just don’t work. You pays your fees and get an new cert to continue operations as needed.
I can think of other arrangements as well but its just an example.