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Sam Gustin at AOL Daily Finance has written one of the most in-depth journalistic pieces I've seen to date on what's happening over at the FCC, the Google/Verizon deal, and how current trends in telecom policy-making are playing out. I will be quite curious to see how the predictions and pitfalls that commentators made on all sides of the debate play out.

Originally from (and copyrighted by) AOL Daily Finance:

    It was a high-stakes gamble gone terribly wrong.

At approximately 3:30 p.m. on Thursday, Aug. 5, Federal Communications Commission Chief of Staff Edward Lazarus walked into a conference room where his boss, FCC Chairman Julius Genachowski, was meeting with public interest groups discussing federal broadband policy.

The chairman turned to his chief of staff and asked him to update the room on the ongoing broadband regulation talks between Verizon (VZ), AT&T (T), Google (GOOG), Skype and the Open Internet Coalition, a Web industry group.

"Eddie looked like he had just lost his best friend," according to a person who was present and recalled the expression on Lazarus's face. Addressing the gathering, Lazarus announced that the talks had been terminated -- he would later say "suspended" -- explaining that the negotiators had found a number of points of agreement but had failed to reach a consensus.

What was at stake in the Lazarus talks? No less than the future of the Internet, with wide-ranging ramifications for the delivery of broadband content and services to the home -- not to mention hospitals, banks and mobile devices.

Outside of Public View

As Apple (AAPL), Amazon (AMZN), Netflix (NFLX) and Google forge ahead with highly publicized new plans to stream high-speed content like movies and TV shows to your living room, smartphone, telecom and cable giants like AT&T, Verizon and Comcast (CMSCA) have been intensely lobbying to maintain control over the broadband pipes they spent billions to build. Comcast is going so far as to buy a rich content factory, NBC Universal, a deal that would create a $35 billion media and delivery juggernaut. That merger is currently pending before the FCC, and though public interest groups have been roundly critical, it's expected to be approved.

An epic and escalating war is now taking place over the next era of broadband content delivery. Some skirmishes are playing out in the public eye, but others -- perhaps the most critical -- are far removed from it. In fact, very few people know that the highly controversial efforts by Google and Verizon to hammer out their own proposal for a broadband policy framework -- news of which broke only last month -- started nearly two years ago. The outcome of this ever-hotter war will have a profound impact on the way consumers access information well into the future.

Just hours earlier on that August Thursday, Lazarus had assured the participants that his talks were moving ahead and making progress, according to sources familiar with the meetings. But when news emerged (in the form of a New York Times article that appeared online late Wednesday and in the Thursday newspaper) that two of the key participants, Verizon and Google, were on the verge of announcing their own proposal, the talks collapsed. It was a plan that Lazarus -- not to mention Skype or the Open Internet Coalition -- was not prepared to accept.

Google and Verizon disputed the Times article, insisting that they were pitching a policy proposal not a business deal, as the article described it. But it was clear that Lazarus's approach had hit a wall.

"We hadn't gotten consensus on any of the issues, and everything was contingent on everything else."
"We had exhausted the Lazarus process," a participant in the talks told DailyFinance. "We had reached an impasse, and the decision to suspend the meetings was the right decision. We hadn't gotten consensus on any of the issues, and everything was contingent on everything else. The toughest issues were managed services and wireless broadband, and how you treat them."

Prior to working at the FCC, Lazarus, a former law clerk for Supreme Court Justice Harry Blackmun, had spent most of the decade as a partner at legal powerhouse Akin Gump in Los Angeles. He has written extensively on various legal issues, and when Lazarus promoted his book Closed Chambers on The Daily Show in 2006, host Jon Stewart asked him about the need for complex legal jargon. Lazarus replied: "Do you know how much I charge on an hourly basis, Jon? If I didn't make up my own language, why would people pay me?"


At Stake: Equal Access to the Internet

For Lazarus (pictured at right), the closed-door meetings were a bold, high-stakes gamble to bring together the polarized sides of the frequently acrimonious debate over net neutrality -- the basic idea that Internet broadband providers shouldn't pick winners on the Web or discriminate against rival content. During a speech in Aspen just three weeks ago, Verizon policy chief Tom Tauke said: "The elephant that is still in the room is the issue that has dominated debate in this industry for at least five years, and that is net neutrality."

The Internet today largely operates under the principle of net neutrality, which most people don't even notice, so it's easy to take for granted. But all Web users and companies have equal access to the Internet, in the same way that all Americans have the right to take a road trip anywhere in the 50 states without a passport. Companies and institutions have closed networks, but the main public internet is accessible by all.

Without this open access, net neutrality advocates argue, startups like Google, Twitter and untold thousands of others could never have taken hold. Indeed, innovation online would be grievously stifled. For the last five years, Internet-dependent companies like Google and Skype have been fighting a series of running battles with the giant broadband providers over how net neutrality should be enshrined -- if at all -- in regulation and law moving forward.

Lazarus is a relative newcomer to the net neutrality debate. It appears he wanted to broker a deal he could hand to Congress on a silver platter heading into a contentious midterm election. Instead, he got a busted process, two rogue participants, furious interest groups and an agency in near-disarray, at least on broadband policy. "The chairman remains fully committed to preserving the free and open Internet as a platform for investment, innovation, free speech and consumer choice," a senior FCC official tells DailyFinance. The FCC declined to make Lazarus available for an interview.

Behind-the-Scenes Maneuvering by Two Giants

Lazarus was scrambling to find a solution to the grave jurisdictional crisis the FCC faced after a federal judge ruled in April that the agency lacked the authority to enforce net neutrality -- a verdict that rocked tech policy circles from D.C. to Hollywood. The court said the FCC had no power to enforce four principles laid down in 2004 by then-FCC Chairman Michael Powell that are the basis for net neutrality. Powell's successor, Kevin Martin, tried to use those principles in 2008 to sanction cable giant Comcast for slowing down peer-to-peer traffic -- an ultimately botched pseudo-regulatory action with far-reaching and unintended consequences.

But behind the scenes, two of the biggest and most important companies in technology and telecommunications, Google and Verizon, grew tired of waiting for the feds to act amid the regulatory and legal morass surrounding net neutrality and broadband policy. So, they got together and put a tangible broadband policy compromise on the table. In the process, the companies inadvertently pulled back the curtain on what could be the most ineffectual regulatory agency in Washington -- the FCC.

Although news of the Google-Verizon proposal emerged last month, the two companies have actually been working together on policy efforts to a greater degree and for longer than they've admitted publicly. In the fall of 2008, nearly two years before the Lazarus talks blew up, two top Verizon policy officials, Tauke and Link Hoewing, Verizon's VP of Internet and tech policy, happened to be in the Bay Area attending a tech conference, when they decided to pay a call at Google.

Traditional adversaries -- at least when it came to net neutrality -- Verizon and Google seemed like unlikely future allies.

Initially, the two companies' courtship was nurtured by the friendship between Alan Davidson (pictured at right), Google's with-it public-policy chief, and Hoewing, who has worked with Tauke to craft Verizon's policy strategy. This friendship predated Davidson's arrival at Google, going back to his stint at the Center for Democracy and Technology, where he was known as something of a savvy libertarian. Had Davidson and Hoewing, two of the brightest tech policy minds in D.C., not already been friends, the controversial deal that rocked Internet circles and made headlines everywhere might never have happened.

By 2008, Verizon had been slowly coming around to the ideas of openness that Google espoused -- at least relative to some of its fellow telecom giants, like AT&T. "Verizon has had a history of being forward-looking on a lot of Internet policy issues," says a top Internet industry source. "They've taken a strong stance on free-speech issues and were among the first to really start thinking about themselves as a broadband company."

Google's Spectrum Bid Was Built to Lose

Earlier in 2008, Verizon had agreed to pay $4.7 billion for the highly coveted 700 Mhz C Block in a closely watched FCC wireless spectrum auction and in doing so also agreed to abide by open-access provisions set by the FCC for that chunk of spectrum. (Those provisions mean subscribers can use any compatible phone and software and aren't locked into a single device, like Apple's iPhone.)

Google had craftily triggered the open-access provisions by meeting the FCC's $4.6 billion reserve bid. In a savvy strategic move, Google was bidding to lose -- or rather, bidding to trigger the provisions -- although Google execs later said the company would have ponied up the $4.6 billion for the spectrum had it actually won. But Verizon Wireless, the nation's largest mobile carrier, would never have allowed Google to buy nearly $5 billion worth of wireless spectrum outright. So, it outbid Google and accepted the FCC's open-access provisions.

It's taken nearly three years, but that chunk of 700 Mhz C Block spectrum is now Verizon 4G -- the company's next generation of superfast wireless broadband -- and it's about to be rolled out, with the open-access provisions intact, company officials say.

On their 2008 visit to the Bay Area, Verizon's Tauke and Hoewing ended up having a day-long series of meetings at Google's Mountain View, Calif., campus. It was the initial foray in what would become a nearly-two-year odyssey to see if the two companies could find common ground on net neutrality. About a year later, Google and Verizon quietly filed paperwork with the FCC, outlining some areas of agreement after the talks had gained momentum in the summer of 2009. Another filing followed in early 2010.

In March, Google CEO Eric Schmidt (pictured at left, above) and Verizon CEO Ivan Seidenberg (at left, below) wrote an op-ed in The Wall Street Journal in which they pledged to work together and said that although "our two companies don't agree on every issue, we do agree generally as a matter of policy that the framework of minimal government involvement should continue." And of course, their talks gained greater urgency after the FCC lost the Comcast decision in April 2010.

"Google and Amazon and others have moved closer to the middle on the net neutrality debate," says a source familiar with the Google-Verizon partnership. "Verizon needs to have some predictability to continue investing. Google knows that it needs the telecom sector to make massive investment. And both companies need to keep consumers happy."

The conventional wisdom was that Google and Verizon would do little more than talk.

But three weeks ago, Google and Verizon finally dropped the bombshell they had been crafting, on and off, since October 2008. Essentially, the framework would ensure net neutrality on wired networks, meaning no traffic-blocking or discrimination against any content or rival. However, the proposal would not require net neutrality on wireless networks, which is apostasy to the principle's backers. Their deal would also create an ambiguous category of "managed services," a nonpublic, superfast network that companies could use to deliver prioritized content -- for a price -- something also fundamentally antithetical to hardcore net neutrality advocates.

"Was the Google-Verizon proposal the only reason the talks failed? No. Was it the straw that broke the camel's back? Yes." When Lazarus finally called off the talks in August, he was about to leave for vacation anyway, according to multiple sources. But he and the other meeting participants had known for months about the separate discussion between Google and Verizon. Although those two had struck their own deal, the other parties, including AT&T and Skype, still remained far apart on the key issues. There was really no reason for them to continue negotiating when two of their peers had struck their own pact. Besides that, the telecom and cable companies weren't budging from their stance of no net neutrality on wireless networks nor from their insistence on "managed services," and those were positions the Open Internet Coalition and the FCC itself simply couldn't accept.

"Until the network operators start feeling that policymakers and elected officials won't support their position that there will be no rules on wireless services or specialized services, I don't see their position changing unilaterally," says Markham Erickson, the respected tech policy lawyer who led the Open Internet Coalition at the Lazarus talks.

"Was the Google-Verizon proposal the only reason the talks failed? No," says Gigi Sohn, president and co-founder of Public Knowledge, a D.C.-based pro-net neutrality advocacy group. "Was it the straw that broke the camel's back? Yes."

The Roots of Net Neutrality

Former FCC Chairman Michael Powell (pictured at right) knows very well how important the concept of net neutrality is. He was a George W. Bush-appointee who served as FCC chairman from 2001 to 2005, and it was his initial four principles that form the policy basis for the current net neutrality debate. Looking at the situation that the FCC is dealing with, Powell now says: "Genachowski has an enormous challenge, and he has to assert himself forcefully. The chairman has a problem in that his jurisdictional basis is unclear and confused. But that's why we have a Congress, and they should absolutely fix this problem and stop the confusion."

Powell disapproves of the FCC moving ahead to reclassify without Congress: "I don't think it's an appropriate position to say we [the FCC] may not have the authority, but we think Congress may take too long, so we're going to create it for ourselves."

As chairman, Powell pushed for what became known as the "four freedoms" throughout 2004 and 2005:

• Freedom to access content. Consumers should have access to their choice of legal content.
• Freedom to use applications. Consumers should be able to run applications of their choice.
• Freedom to attach personal devices. Consumers should be permitted to attach any devices they choose to the connection in their homes.
• Freedom to obtain service plan information. Consumers should receive meaningful information regarding their service plans.

The lost Comcast decision meant the FCC lacked jurisdiction over broadband and thus could not enforce the four freedoms or any other type of openness or net neutrality regulation. The decision threw the agency's ambitious National Broadband Plan into chaos because Genachowski has proposed adding two additional two principles -- one formalizing nondiscrimination, the essence of strong net neutrality, the other extending the principle to wireless networks -- to Powell's original four. The ruling put the chairman in a serious bind.

Sponsored Links

Genchowski did have one immediate option, what some referred to as "the nuclear option." That was to simply reclassify broadband Internet from a Title I "information" service to a Title II "communications" service, which would give the commission the needed regulatory authority to enforce net neutrality. Of the five FCC commissioners, Michael Copps and Mignon Clyburn, were ready to vote for immediate Title II reclassification, according to sources with knowledge of the matter. Genachowski would have been the third and deciding vote, but the chairman chose to hold off.

Such wholesale reclassification is unacceptable to the telecom and cable companies because they claim it would introduce the possibility of increased litigation and price controls, among other things. Instead, Genachowski tried to thread the needle, proposing something he called "the third way" -- or "Title II lite" -- as an alternative to standing around toothless after being knocked out in the Comcast case or taking the major step of full Title II reclassification. The chairman has garnered support for this position, if not wholehearted plaudits for the pace of his action.

"We're in favor of the third way," says Sohn of Public Knowledge (pictured at left). "And we're willing to accept the chairman's political calculation that [the FCC waits] until after the election. As long as he moves after the election, then we're fine."

"We are also hopeful for legislation, and we will exercise some patience there as well," Sohn adds. "But if there's no legislation after the election, the chairman has to move forward with reclassification because consumers can't wait any longer for protection and be left without a cop on the beat."

"All options remain on the table," a senior FCC official tells DailyFinance. "The FCC staff is busy reviewing and analyzing an extensive record of more than 50,000 comments in the broadband framework proceeding, which only closed a few weeks ago. Securing a solid legal foundation for broadband policy is too important an issue to rush."

"I Will Take a Backseat to No One"

As a presidential candidate, then-Senator Barack Obama sensed the importance of an open Internet, and he pledged to make broadband deployment, innovation and investment a centerpiece of his economic agenda. In November 2007, during a speech at Google's Mountain View headquarters, Obama declared his strong support for net neutrality in unambiguous terms before a packed house, with many Googlers standing.

"I will take a backseat to no one in my commitment to network neutrality," Obama declared, "because once providers start to privilege some applications or websites over others, then the smaller voices get squeezed out, and we all lose. The Internet is perhaps the most open network in history, and we have to keep it that way.

"We could see the Internet get divided up by the highest bidders," Obama warned. "We have to ensure free and full exchange of information, and that starts with an open Internet." After the speech, Google CEO Eric Schmidt thanked Obama for "such a strong message about innovation."

During the presidential campaign, Sascha Meinrath, now 36, was part of Obama's idealistic technology, media and telecom working group -- led by Genachowski -- that included young tech policy stars such as Alec Ross and Ben Scott, both now at the State Dept., as well as former FCC-staffer Blair Levin, among others. Meinrath is currently director of the New America Foundation's Open Technology Initiative and a top telecom policy expert and pro-net neutrality advocate -- another wunderkind of progressive tech policy activism. The New America Foundation is a relatively new, nonprofit center-progressive D.C. think tank run by Steve Coll, a Pulitzer Prize-winning former star at the Washington Post. Google CEO Schmidt is the foundation's chairman.

Nearly three years after the heady idealism of then-candidate Obama's tech, media and telecom working group, Meinrath (pictured at right) has become one of Genechowski's toughest critics. He says the FCC has failed to carry out Obama's vision by dragging its feet, cowering to both industry and Congress and generally delaying real action, despite some lofty rhetoric.

Meinrath isn't the only such critic. An emerging consensus among both public interest groups and progressive think thanks asserts that Genachowski has so far been a bust. "The FCC continues to kick the can down the road and prolong this process, but the longer the FCC ponders the politics of net neutrality, the longer consumers are left unprotected," Free Press Research Director S. Derek Turner said in a recent statement. "It is time for the FCC to stop writing notices and start making clear rules of the road. The phone and cable companies have shown us what the Internet will look like if they are allowed to write their own rules and build a two-tiered Internet with fast and slow lanes and zero protections on mobile broadband. We don't need more questions from the FCC, we need more answers."

Not surprisingly, some young GOP-allied telecom lobbyists have been overheard celebrating the public interest groups' distress in D.C. bars in recent weeks.

"When Genachowski became chairman of the FCC, many of us thought that this was a fantastic opportunity to implement the telecom agenda he had already signed off on," Meinrath says. "Which begs the question: What happened? Was there some sort of political math done where people realized that fixing telecom requires angering powerful constituencies? Why, now that he's chairman of the FCC, has Genachowski failed to implement so much of the agenda that he supported? Why has the Obama administration refused to hold Genachowski publicly accountable for his failure to act?"

Genachowski (pictured at left) is clearly ambitious. A former Internet executive for media mogul Barry Diller's IAC conglomerate, Genachowski is an old Harvard Law School chum of President Obama's -- and someone who genuinely cares about broadband issues and development. But he's also learned a few things about politics.

After leading Obama's tech media and telecom policy working group, Genachowski initially aimed high, hoping to be named the nation's first chief technology officer, when that was a Cabinet-level position, according to multiple sources. When the CTO job was downgraded, he became the front-runner to head the FCC.

"Over the years, I've worked with multiple chairmen, including Michael Powell and Kevin Martin, and Genachowski is by far the worst to work with," says Meinrath of his former boss on the working group. "Powell's and Martin's doors were open to us on a regular basis, even when we disagreed. That has all but ceased under the Genachowski administration."

The FCC today is "in endless process," Meinrath says, adding that "the opportunity costs of this failure to act are staggering -- in the tens to hundreds of billions of dollars a year. So, drawing out the telecom reform decision-making process is causing substantial harm to our economy: lost jobs, lost revenue and lost productivity."

Privately, some FCC officials have grumbled about an election-year, hyperpolitical Congress and lack of support from the Obama team. Others have even suggested that White House has pressured the FCC -- an independent agency -- to ratchet back on net neutrality for political reasons. Meinrath is among those making such claims. "Multiple senior FCC officials pressure have said in meetings where I was present that they've received pressure from the White House and from Capitol Hill to slow down on the National Broadband Plan and net neutrality," he says plainly. The FCC declined to comment on this allegation.

"If you're going to start a fire, you better be ready to deal with it." But others say the current and recent White Houses rarely meddle too heavily in FCC matters, especially this administration, which is dealing with a crippled economy, war and now the Middle East peace process. "The White House has real limitations on what they can do to influence the agency," says a former FCC official. "They don't pick up the phone and tell an independent agency what to do. To a White House, the FCC is a place they don't want to be bothered with. They expect a chairman to take care of business over there."

"But they've badly mismanaged this issue," this former official adds. "If you're going to start a fire, you better be ready to deal with it."

Or as another former FCC official puts it more bluntly: "When you're a regulator in D.C., you can do two things: Go along to get along, or try to do something, which could lead to a shit-storm. Genachowski has managed to do basically nothing -- and create a shit-storm."

Close Ties Even Before Verizon's Android Smartphone

The inaction that has left Genachowski with such a mess is partly what drove Google and Verizon to seek out their separate peace on net neutrality.

While Google and Verizon insist that their initiative isn't a business project, they do have close ties, especially through their partnership on the Android mobile operating system, which Verizon has embraced successfully with hit products like the Droid smartphone, which it has used to combat Apple's wildly popular iPhone. And the Google-Verizon proposal certainly isn't a cut-and-dry Android business partnership. As Tauke's and Hoewing's fall 2008 meetings at Google demonstrate, the two sides were looking for common ground well before Verizon's Droid rollout.

The first two components of the Google-Verizon plan -- net neutrality for wired networks and no net neutrality for wireless networks -- are fairly straightforward. The first point represents an apparent victory for net neutrality advocates -- openness, choice and nondiscrimination on the Internet, period. "It would be hard to imagine a major telecom company agreeing to this even six months ago," says a person familiar with the deal, adding that this point has gotten overwashed by the more controversial elements.

Net neutrality advocates have been hoping to extend the nondiscrimination principle to wireless services, and in fact, Genachowski proposed it last fall. But the wireless carriers have been fiercely opposed. It's a matter of physics, they say.

"Spectrum is very limited because so many people can be using it in a given cell site." "When you get into wireless, you're talking about changing the power levels as people move through a cell site and scheduling packets when the connections are most capable," Verizon's Hoewing told DailyFinance in a recent interview. "So we're constantly managing network traffic in order to reasonably assure good services over the network. Spectrum is very limited because so many people can be using it in a given cell site."

Hoewing says Verizon's proposal calls for more transparency from the carriers with respect to speeds and how networks are managed. "We're going to be ensuring that the consumer knows the real speeds they can expect to get. We've got do a better job with that."

Given the urgent need to free more wireless spectrum, this is a legitimate issue for wireless providers. AT&T can't even keep up with the voracious data demands of its iPhone and iPad users. Most everyone agrees that the U.S. needs to deploy more wireless spectrum, but that takes time, money and infrastructure.


Just What Are These "Managed Services"?

However, it's the third component of the Google-Verizon proposal, the mysterious "managed services" provision, that has proved most confusing and has the most controversial and potentially long-lasting implications.

In essence, Google and Verizon are proposing a separate "managed services" network apart from the "public Internet," where nondiscrimination wouldn't apply and where wealthy companies would be able to buy huge chunks of bandwidth and superfast connections. Some of the benign-sounding uses Google and Verizon have mentioned as managed services are things like high-speed, secure networks for medical or banking data. Managed services would be a faster, paid alternative to the public Internet, kind of like ultra-premium cable for the rich.

"We studiously avoided defining managed services to encourage innovation and because we don't know what these services are right now," Hoewing told me. "We define what they are not. They are not broadband Internet access that complies with the consumer protection principles where you can go anywhere, use any application, connect any device, and that would include the nondiscrimination principle. They are different but can use Internet content and [Internet protocol] technologies. They are an additional service, and we can't try to pass them off as being the public internet. The FCC would have the authority to look at managed services and send an emergency report to Congress if necessary."

Google's participation in such a proposal shocked many net neutrality supporters, who had long seen the search giant as one of their most powerful allies. Meinrath has an explanation for that turnabout: "Google wants to bolster its standing with Verizon because Google wants Verizon to be the platform for it's iPad-killer tablet and Google video."

"I think Google is schizophrenic. Its success is due to the open nature of the Internet." Does that mean Google is evil? "I think Google is schizophrenic," Meinrath says. "Google's success is due to the open nature of the Internet. It's unlikely that it ever would have gotten off the ground had the dominant players locked in prioritization for their own services in the late 1990s."

Meinrath adds: "Eric Schmidt is a very smart man. Now that Google is the dominant market player, he's looking at the dollars that could come from a fourth, Google-centric, addition of a triple play [phone, TV, Internet] home package. This fourth 'Google service package' would generate huge amounts of money, but it would also undermine the best-effort Internet and would create a discriminatory regime prejudiced toward supporting the largest corporate players and undermining new competitors and innovators."

For the record, Google officials from Schmidt on down have publicly and privately insisted that the company remains committed to what Schmidt has lately taken to calling the "public Internet." At least for now, Google officials are are dismissing the suggestion that Google could, say, roll out a high-speed movie-rental service based on YouTube for Verizon FiOS customers as a "managed service." The public internet is just fine for us, thank you very much.

But the concerns don't stop there, Meinrath says. "All of this is before you even get into applications that have mixed-media uses -- the next generations of World of Warcraft and collaborative office suites that combine instant messaging with video, voice or gaming all integrated in the same application," he says. "So the so-called 'policy framework' that Google and Verizon propose requires that we either eliminate privacy and have a deep packet inspection regime across the board, or that we build a new broadband infrastructure for rich corporations who will then extract the cost of this redundant buildout from their customers."

Another Nice Trick by Google

Google knew that a backlash would come -- and boy, did it -- but the company's compromise on wireless and managed services was made at least a bit more palatable by the fact that Google's $4.6 billion bid for that 700 Mhz C Block that Verizon wound up buying triggered the open-access provisions for using that spectrum. So, we now have the curious situation that while the Google-Verizon proposal doesn't require net neutrality for wireless networks, Verizon Wireless is preparing to roll out 4G wireless service under open-access provisions -- a service that will likely power millions of Google Android-equipped devices.

Nice trick. Clearly, it was a significant coup for Google to be able to achieve a deal with Verizon while still being able to enjoy the benefits of the telecom's open 4G network. In short, Google gets to have it both ways, so it shouldn't be surprised that Meinrath accuses it and Verizon of adopting a "for thee, but not for me" position.

"But while a Google-Verizon partnership may start out as a joint agreement, it won't end up that way." "Google wants to be able to use Verizon's new C Block band, which contains an open-device mandate, to sell its services," Meinrath charges. "But while a Google-Verizon partnership may start out as a joint agreement, it won't end up that way. Either Google will get a leg up on Verizon and take them over and crush them, or Verizon will do the same thing. Without regulations preventing these sorts of mergers and acquisitions, there's no equilibrium point in telecom. Either Verizon or Google will take control, with the possibility being that Google would become either a telecom subsidiary or a telecom network owner."

That's a bold claim, but pro net-neutrality advocates feel betrayed by Google, and by the FCC and President Obama -- all perceived as friendly forces only one short year ago. And they're angry. "Our erstwhile allies are causing serious damage," says Meinrath. "It appears that the White House is perfectly happy with the status quo since they have not put any public pressure on the FCC to actually fulfill Obama's campaign promises to reform telecommunications and foster both an open Internet and a competitive media environment. As a growing consensus now believes, since the White House has refused to weigh in, they must be happy with Genachowski's inaction."

Time for an Ultimatum?

Since the "suspension" of the Lazarus talks, many parties have moved the Washington discussions across town to the K Street offices of the Information Technology Industry Council, an industry organization that lobbies the government on behalf of a wide variety of tech giants, including Microsoft (MSFT), Oracle (ORCL), Cisco (CSCO), Apple, Hewlett-Packard (HPQ) and Dell (DELL). ITIC Chairman Dean Garfield has been in touch with Lazarus, according to several sources, and the FCC issued a muted statement of quasi-support for the talks, which do not include Google -- still smarting over the wicked PR hit it took over the Verizon proposal -- or the Open Internet Coalition.

"These are no longer net neutrality talks," says Meinrath. "These are mega-corporations talking to other mega-corporations about how they should carve up the Internet."

Giving critics who see the FCC taking a go-slow approach to this firestorm even more ammunition, just last week, the FCC issued a notice seeking further public comment clarifying several issues before it makes any decision, ensuring that nothing will happen until after the November elections. "If the goal is to keep talking about change with ever acting, then Genachowski has been a major success for the Obama administration," says Meinrath. "But if President Obama is serious about upholding his campaign pledge, he should tell Chairman Genachowski to either act or resign."

That may not be such an extreme position, considering what's at stake in this war: the future of the Internet.

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sascha's picture

Cecilia Kang over at the Washington Post recently covered the Open Technology Initiative's proposal for a broadband nutrition label. You may already be familiar with the idea from the myriad credit card applications you probably receive each month which are mandated to contain a Shumer Box of key information about the credit card offer.

This sort of standardization makes comparisons across credit cards remarkably easy and helps ensure that we, as consumers, know what we're getting ourselves into. The same idea is what underlies the nutrition labels found on all prepackaged foods. My team's addition to the debate was to apply this idea to broadband services and propose what information should be contained within this informational disclosure.

Here's more from the Washington Post:

    A nutrition box for Internet service?

    Of all the data being collected for a federal probe into truth-in-billing rules for communications services, one statistic stands out:

    Consumers are paying for broadband Internet service that lags advertised speeds by as much as 50 percent.

    That stat was revealed by the Federal Communications Commission last month during a report on its plan to connect the entire nation to high-speed Internet. The news sent Twitterverse aflutter with outrage. Post Tech got tons of feedback on an entry about it. Consumer advocates said the revelation could open the door to class-action lawsuits against carriers for deceptive advertising.

    And now those groups are offering one solution to help users from getting bamboozled. The groups, along with the New America Foundation, have proposed a Nutrition Fact box for broadband. Instead of calories, carbs and fiber, the broadband box would break down data on guaranteed delivered speeds, price, and length of contract. Such details are often blurred and buried in the fine print of multiple-page service agreements.


    spacer

    Truthful delivery of advertised speeds clearly hit and nerve with users who spend an average of $150 each month for their cell phone, cable or satellite television, home phone and Internet connections. And it was added frustration to notoriously shoddy service problems.

    Communications service providers often rank low among industries in customer satisfaction surveys. Some online consumer activists have used the viral messaging on the Web to push companies like Comcast and Verizon to refocus their ways. Service at Comcast was so bad for Advertising Age blogger Bob Garfield that he started a Web site Comcastmustdie.com. That site has died and the push online hasn't led to meaningful change on billing practices of communications firms like Comcast, AT&T, Dish TV, Sprint Nextel and T-Mobile, consumer advocacy groups said.

    "Consumers experience substantial confusion and frustration when choosing a service provider and plan, when using unexpectedly limited or low quality services, and when receiving higher-than expected bills," the groups wrote in final comments sent yesterday for the FCC review. "Substantial changes to the commission’s existing rules are necessary to remedy these problems."

    Currently, carriers are generally left to voluntarily abide by some of the truth-in-billing standards, according to the groups that include Free Press, Consumers Union and Media Access Project.

    The FCC's review looks at information available to consumers at all stages of the purchasing process of a communications service -- choosing a provider, choosing a service plan, managing use of the service plan, and deciding whether and when to switch an existing provider or plan.

    Image credit: New America Foundation

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A bit late -- but have been slammed. I speak again on September 9th on the consumer issues panel. Should be a really interesting time of things:

    Prepared Testimony of Sascha Meinrath Before the FCC Wireless Technology Workshop

    By Sascha Meinrath, New America Foundation
    August 13, 2009

    I work for a DC-based think tank - holding down the technology arm of the foundation's work.

    The Open Technology Initiative formulates policy and regulatory reforms to support open architectures and open source innovations; and facilitate the development and implementation of open technologies and communications networks.

    OTI promotes affordable, universal, and ubiquitous communications networks through partnerships with communities, researchers, industry, and public interest groups; and is committed to maximizing the potentials of innovative open technologies by studying their social and economic impacts - particularly for poor, rural, and other underserved constituencies.

    ***

    Today we are living through a critical juncture in telecommunications history.

    A trifecta of recent societal shifts are combining to create a "perfect storm" for advancing policies to better meet the needs of all U.S. residents.

    • First, technological advances are creating a whole host of new platforms and hardware to better connect people, dramatically increasing the utility of communications tools.
    • Second, consumers everywhere are clamoring for access to advanced services and new applications - driving multi-media production and information dissemination.
    • Third, generational shifts amongst our country's key decision-makers are generating the potential for seismic changes in our country's regulatory environment.

    Taken together, these factors should be driving a communications renaissanceakin to the introduction of the printing press, telephone, or the Internet itself.

    Instead,what we are seeing is a systematic entrenchment of vested interests that are diligently:

    1. working to prevent many of the most innovative technologies from ever seeing the light of day;
    2. who are engaging in draconian attempts to limit media production and stifle information dissemination; and,
    3. as Amy Schatz reported yesterday in the Wall Street Journal, launching unprecedented lobbying efforts to stagnate or prevent meaningful and much-needed reforms.

    Here inside the Beltway, an epic battle is about to be waged between those seeking to create a participatory, distributed, and democratic digital public sphere and forces seeking to re-establish a command-and-control regime over next-generation telecommunications infrastructure.

    As the populace shifts from wireline to mobile communications as theirconnectivity norm, wireless technologies are at the very heart of this battle.

    Instead of building next-generation networks focused around lowering costs forconsumers and maximizing user control over the services and hardware we have bought, providers are architecting systems that maximize billable moments -commoditizing every new space and function possible.

    Instead of fostering interconnectivity of networks and interoperability of devices, theforces of command-and-control seek new ways to capture market share and generate path dependencies to limit customer churn.

    Handset exclusivity and the lockdown of cellular phones and PDAs are symptomatic of this business model; but so too are the myriad limitations we've already seen to prevent users from doing everything from streaming video, to Google Voice andSkype.

    Historically,over the past 75 years, we have dramatically increased wireless capacity by opening up higher and higher frequencies as the technologies have made these bands viable. Allocations for new uses have paralleled these reforms.

    However, assignments to license holders in years' past, being based upon the cutting edge technological capacities of their day, are remarkably in efficient by today's standards.

    Today, cognitive and software defined radio technologies allows us to "in-fill"throughout the public airwaves - dynamically reusing empty or underutilized frequencies.

    This opportunistic spectrum reuse - and its potential to dramatically decentralize and improve communications - is one of the most powerful tools available for breaking the current strangleholds we face over how we communicate.

    Today's technological capabilities have far outstripped many current business practices- straining infrastructure that was built for the wrong purpose.

    Tomorrow, this disruptive potential is certain to grow and - so long as current systems remain locked down and service provision fails to meet consumer needs - may achieve explosive proportions.

    The question we must all face and answer, is "How do we transition to a moredistributed, participatory, democratic telecommunications system?"

    After years of burying our head in the sand, a continuing failure to forthrightly address systematic shortcoming in our wireless communications infrastructure will dramatically increase the headaches (and economic costs) that we will eventually have to face.

    Leadership from Congress, from private industry, and from the public interest sector is desperately needed to ensure that these necessary transitions are graceful instead of unmanageable and liberatory instead of harmful.

    But most importantly, the onus lies with the FCC to ensure that the future of wireless communications lives up to its democratic potential.

    The FCC, through incentives and regulatory fiat has the responsibility to ensure that the public airwaves serve, first and foremost, the best interest of the residents of the United States and leverage the capabilities of open hardwareand software; cognitive radio technologies; and peer-to-peer, distributed infrastructures.

    I look forward to hearing how each of my co-panelists sees their company's rolein supporting this mandate and look forward to your questions.

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About a half-decade ago I wrote up a piece for the Journal of Community Informatics, "Community Wireless Networking and Open Spectrum Usage: A Research Agenda to Support Progressive Policy Reform of the Public Airwaves". My focus was on spectrum policy, but the first key point I raised was valuable across the board -- to create a truly progressive telecommunications policy:

    "First, identify major research that has already been conducted and impacted (or been cited) in regulatory/policy debates, as well as the independent research labs that are most active in contemporary spectrum research areas. This assessment would survey the literature that "counts" -- encompassing technical, economic, social, and other domains that should be taken into account and help inform contemporary regulatory/policy debates. This literature could then be used to help set the agenda for future policy debates."

Now fast forward to today's press release from the FCC (and which happens to be put out by my friend and colleague, Jen Howard, who just started her new gig at the FCC last week):

    FOR IMMEDIATE RELEASE
    July 14, 2009

    NEWS MEDIA CONTACT
    Jen Howard
    (202) 418-0506
    Jen.howard@fcc.gov

    Harvard’s Berkman Center to Conduct Independent Review of Broadband Studies to Assist FCC

    WASHINGTON – The Berkman Center for Internet and Society at Harvard University will conduct an independent expert review of existing literature and studies about broadband deployment and usage throughout the world. This project will help inform the FCC’s efforts in developing the National Broadband Plan.

    “Advanced communications have the potential to enhance the lives of all Americans, improve public safety, create jobs, and support our economic recovery,” Chairman Julius Genachowski said. “As the Commission embarks on the important task of crafting a National Broadband Plan, better data will inform and animate the activities of the agency. The Berkman Center’s independent review of existing information will help lay the foundation for enlightened, data-driven decisionmaking. I appreciate the Berkman Center’s invaluable assistance and look forward to seeing the results.”

    Yochai Benkler, the Berkman Professor of Entrepreneurial Legal Studies at Harvard, and faculty co-director of the Berkman Center for Internet and Society, said, “I am pleased that the Berkman Center can contribute positively to the process Chairman Genachowski has envisioned for developing a national broadband strategy by providing to the Commission, and thereby the public, the results of our compilation and assessment of the existing literature on this important and timely subject.”

    “A comprehensive assessment of these plans will be enormously helpful given our short timetable,” said Blair Levin, who is coordinating the FCC’s National Broadband Plan. “We don’t want to reinvent the wheel. Knowing what has already been learned will improve our ability to deliver the best possible National Broadband Plan.” Consistent with Chairman Genachowski’s recent public statements regarding an open and transparent National Broadband Plan process, the results of the Berkman Center review will be made publicly available.

Awesome!

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I've been working with Senator Klobuchar's office to draft up an open access fiber bill and, after a couple month's work, got the message that Klobuchar and and Mark Warner were finally introducing their text. Alas, pretty much nothing of the work we'd done on this was in the text -- in fact, it's basically the same text as Eshoo's office introduced -- which is entirely devoid of any meaningful anything.

What a pickle -- the potential for such good sacrificed at the altar of political expedience. Worse than that, it's the potential to claim that an issue has been addressed without actually doing anything meaningful to fix the problem. After talking with staffers, I know that they're getting push-back from those that don't want cheap broadband for the masses, but seriously, we're in the midst of a half-decade long, massive broadband market failure. One need just look at the numbers to see that the US, once #1 in the world of broadband connectivity, has slipped precipitously from this perch.

Of course, the introduction of a bill is only the opening gambit in a far larger political tango. To be fair, the goal is to get something on the table that can then be marked up. My concern is that when you open with such a remarkably weak hand, it makes it all the more difficult to affect meaningful change. Hopefully, this doesn't become a situation whereby a few elected officials grab the public spotlight for a few news cycles but don't actually plan to carry out any of the hard political lift that productive reform requires.

For now, I'm cautiously optimistic -- here's the press release we just put out on the topic:

    FOR IMMEDIATE RELEASE

    New America Foundation Applauds Klobuchar, Warner Fiber Conduit Legislation for Broadband Superhighway

    Legislation Will Link Conduit Deployment with Federally-funded Transportation Projects

    Washington, D.C. June 15, 2009 -- U.S. Senator Amy Klobuchar announced today that she will introduce legislation with U.S. Senator Mark Warner (D-VA) to promote more rapid, cost-effective expansion across the country of broadband networks that carry high-speed, high-capacity communications.

    The "Broadband Conduit Deployment Act of 2009" would require the integration of underground fiber conduit into the construction and reconstruction of our nation's transportation infrastructure by requiring the installation of broadband conduit as part of any federally-funded transportation project.

    The New America Foundation applauds this forward-thinking legislation.

    "As the nation looks to develop a national broadband plan to move the U.S. ahead, it is critical that we look for innovative and efficient ways to bring broadband into communities across the country," said Benjamin Lennett, Policy Analyst for the New America Foundation's Open Technology Initiative and Wireless Future Program. "In linking an essential component of broadband deployment with the ongoing construction and repair of transportation systems (e.g. highways, roads, bridges, tunnels, and railways), the U.S. can start 'baking broadband' into our nationwide infrastructure investments, much as we do for essential utilities such as water and electricity, rather than view it as a distinctly separate endeavor."

    The legislation draws inspiration from a proposal put out by the New America Foundation's Wireless Future Program and Open Technology Initiative in January 2009. "Building a 21st Century Broadband Superhighway," calls for earmarking $1.2 to $3.6 billion in the 2009 Omnibus Transportation Bill to mandate and fund the build-out of open access, conduit and fiber-optic infrastructure into the construction, resurfacing and upgrading of our nation's highway system. The New America plan contains seven key elements:

    1. Fiber bundles of between 144 and 288 strands laid in an easily accessed ductwork and conduit system;
    2. Fiber links should have easily accessible interconnection points that allow providers access on a non-discriminatory basis;
    3. Common carriage and wholesale access on these network links;
    4. AUP-free use of these fiber assets and any additional links necessary to reach an open interconnection point;
    5. Access to any and all entities seeking to offer data services, both for-profit and nonprofit, including municipalities;
    6. An accurate assessment and mapping the build-out process and functionality; and,
    7. A revenue-sharing agreement wherein users contribute to a "Digital Excellence Fund" to support continuing fiber build-outs and provide funding for digital literacy and educational programs to increase broadband adoption.

    "Senators Amy Klobuchar and Mark Warner are leading the charge to bring universal, affordable broadband access to underserved communities throughout the United States," stated Sascha Meinrath, Director of New America Foundation's Open Technology Initiative. "The onus is now upon the rest of us to support the implementation of broadband best practices and ensure that good ideas are not sacrificed to political expedience."

    A clear obstacle to bringing high-speed broadband to rural areas and promoting increased broadband competition is access to the underlying fiber-optic infrastructures that connect local broadband networks to the Internet. The vast majority of the cost associated with bringing high-speed fiber deep into rural communities and promoting alternatives fiber links along public rights-of-way is associated with digging-up and repairing the road to install the buried fiber. Among the key goals of the Klobuchar/Warner legislation is to spur the build-out of that essential broadband infrastructure by reducing the largest deployment cost, thereby offering a cost-efficient means to promote the deployment of fiber into communities across the country.

    "The Klobuchar and Warner bill begs the question, 'If so much can be done with such modest support, why hasn't the United States invested adequately in such a critically important resource?" said Meinrath. "After a half-decade of broadband stagnation, the United States now has an opportunity to catch up and implement a truly innovative proposal."

    To download a copy of NAF's paper on the subject, visit http://www.newamerica.net/publications/policy/building_21st_century_broadband_superhighway.

    For media requests, please contact Kate Brown, Media Relations Manager, at 202-596-3365(w) or 202-213-7051(m).

    Contacts:
    Sascha Meinrath
    Director, Open Technology Initiative
    meinrath@newamerica.net
    (202) 986 - 2700

    Benjamin Lennett
    Policy Analyst, Wireless Future Program and Open Technology Initiative
    lennett@newamerica.net
    (202) 986 - 2700

    ###

    New America's Open Technology Initiative formulates policy and regulatory reforms to support open architectures and open source innovations and facilitates the development and implementation of open technologies and communications networks. For more information, visit, http://www.newamerica.net/programs/oti.

    New America's Wireless Future Program develops and advocates policy proposals aimed at achieving universal and affordable wireless broadband access, expanding public access to the airwaves and updating our nation's communications infrastructure in the digital era. For more information, visit http://www.newamerica.net/programs/wireless_future.

    About the New America Foundation
    The New America Foundation is a nonprofit, nonpartisan public policy institute that invests in new thinkers and new ideas to address the next generation of challenges facing the United States.

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Tomorrow I'm keynoting at the "Internet Openness: Net Neutrality and Beyond" event at the Cardozo Law School in New York City. It should be a spirited discussion since I'm debating with Berin Szoka from the Progress and Freedom Foundation (a right-leaning, market fundamentalist think tank). Interestingly enough, I've spoken with Adam Thierer (aslo of PFF) on on many issues (e.g., privacy and data protection, freedom of speech, etc.) we vociferously agree.

But the "leave it all to the 'free market'" that wants to keep government 100% out of telecommunications is where I think PFF goes off the deep end. "Self-regulation" only goes so far, without government setting parameters for markets, one ends up with the malfeasance and collapse of the savings and loans, airlines, car manufacturers, and now banks (and all of this in the past 25 years). You'd think we would have learned by now that government acts as a check and balance -- without it, markets spin out of control. And in much the same way that you wouldn't want the government running everything, neither do you want markets running amok (only to be bailed out with my hard-earned tax dollars when they come back for a bailout to the same government they didn't want involved in the first place).

Should be an interesting time. Event power is below; here's more:

    4/21/2009

    11:30 am - 5:00 pm

    The Cardozo Public Law, Policy & Ethics Journal is pleased to present a symposium on Internet openness, net neutrality, content diversity and competition. What is the new definition of net neutrality and what are the developing mandates? How do policymakers promote or harm the richness and diversity online content/media? Join the lively debate with speakers including Sascha Meinrath (New America Foundation); Berin Szoka (Progress & Freedom Foundation); John Morris (Center for Democracy & Technology); Matthew Lasar (Ars Technica); Fred Benenson (Creative Commons); Jonathan Askin (Brooklyn Law School).

    This event will take place in the Moot Court Room, Tuesday, April 21, 2009, at 11:30am. We will be providing lunch and a reception to follow, so please RSVP (mweldon@yu.edu) to ensure enough food is available. CLE credit will also be available: 1.5 credits for each of the two sessions.

    Schedule:

    11:15am: Check-in
    11:30am: Session 1(Meinrath/Szoka)
    1:00pm: Lunch
    2:15pm: Session 2 (Morris/Askin/Lasar/Benenson/Heller)
    4:00pm: Reception

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Below is my testimony before NTIA from March 16, 2009. While most of the other folks who presented focused on the impacts for corporations, I wanted to bring the conversation back around to what was primarily important -- the potential positive impacts on local communities. Here's what I said:

    Thank you very much. It is good to be here.

    For those who know me, I will be taking a slightly different perspective on things. I spent the past decade in addition to my work at the New America Foundation also doing community technology deployment. I have been climbing on roofs, building coalitions and suffering the slings and arrows of outrageous local politics, and I have been successfully implementing solutions in communications that people said were impossible to deploy.

    So let me begin by restating what I hope is obvious, which is that private profits are the byproduct of the critically important digital inclusion work -- work that needs to be done desperately in this country -- but they are not the end goal of the stimulus funding.

    Our fundamental goal should be to search for the most efficacious eligible entities, both public and private, and maximize the social and economic benefits of this national intervention. It is critically important for NTIA to evaluate each application on its own merits, and not disallow any specific entities or organizations from applying a priori.

    The fact is that broad band stimulus is so desperately needed is indicative of the woeful state of current service provisioning within many communities. It's very existence that of the BTOP program points to the need for new thinking and innovation and new strategies that dramatically differ from prior attempts.

    The types of eligible private entities we must support must go far beyond usual suspects. Within the private sector NGO's of all types must be eligible and must include nonprofits, hybrid partnerships with municipal entities, etc., etc., etc.

    Current measures, business models and implementation plans have far too often marginalized considerable resources and expertise within local communities. The deprioritization of local control and accountability has too often led to far less effective IT training for local residents, lowered educational outcomes, decreased salience to local constituents of the systems that are deployed, and the marginalization of these communities that these resources are supposed to be serving.

    So NTIA has an opportunity to begin to address these digital injustices. We have both an obligation to ensure that the very best organizations receive public funding, and the concomitant duty to ensure that the most socially and economically just outcomes are deployed. Diversity ensures that universal and broadband access and the widest span of digital resources becomes a reality.

    To sum up, digital inclusion is not just about the services offered, it's about the local control and accountability of these organizations. It's about finding the right institutions and organizations to deliver these services in the first place.

    I very much look forward to the following discussion and public comment. Thank you.

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Call for Paper Proposals

Beyond Broadband Access: Data-Based Information Policy For a New Administration

This is a Call for Proposals (Abstracts) for papers for a three day by-invitation Experts Workshop on approaches to developing data-based information policy. The deliverables are expected to be policy recommendations, a book and a new research agenda. Abstracts are due by April 15, 2009.

Scope and Overview:

The stimulus bill just passed by the United States Congress and signed into law by President Obama allocates $7.2 billion to loan and grant programs for the deployment of broadband. Most recently the governments of Finland, Sweden, Switzerland, France and the United Kingdom have committed more spectrum to wireless broadband services, However, it is widely acknowledged that in order to fully realize the potential of broadband for the promotion of social progress, economic development and democracy, mere access is not enough. Technology, applications, education, awareness, skills, and content are among many factors that are to be taken into account. Understanding the interplay of all these factors is essential in order to take information policy to the next level. However, this demands both firm empirical and theoretical foundations.

This Workshop is intended to propose a strategy for developing such a foundation -- a comprehensive, data-based approach for understanding policy consequences and improving policy outcomes through the utilization of meaningful empirical analyses, statistical methods, and the development of new conceptual frameworks. The Workshop will assemble a small group of highly skilled experts to seek breakthrough insights, which can be applied to current policy challenges.

Important policy decisions are being made worldwide about information services that promote innovation, knowledge development, social equity and democratic values. These decisions can be improved if informed by empirical data that will assist decision makers in understanding the likely consequences of their policies.

Many numbers are thrown around in the global information policy discourse regarding matters such as "e-readiness", the "digital divide", and the "information society". What do these numbers actually mean? Are they the numbers that matter? Are they loaded for or against certain outcomes? Can the underlying methods and data be transformed into truly useful policy tools? Most of the existing approaches to measurements that affect information policy produce results which are descriptive and comparative (e.g., which nation has more Internet access), which are only useful up to a point. Clearly, what is needed are approaches which are explanatory and predictive, that help understand not only what has happened but also why, and to assist in making predictions about what will happen. This presents significant methodological challenges that must first be guided by theory, and in this field, theory is remarkably lacking.

Description

The Workshop will bring together a group of about twenty experts on information metrology from around the world. They will meet for three days in Washington, D.C., where, during morning and afternoon sessions, they will make presentations, share research, hear guest experts, discuss concrete approaches and new theories, identify problems and challenges, and develop conclusions and a future research agenda. Each participant will write and present an original paper to the group, which will then be the subject of questions and discussion, followed by a final Workshop summary session. Participants will be selected based on their abstracts and their identified ability to make a significant contribution based on their expertise or experience.

Date and Location

    DATE: September 22-24, 2009
    PLACE: The New America Foundation
    1899 L Street NW, Suite 400
    Washington, DC 20036

Topics:

    Proposals should be based on current theoretical or empirical
    research, and may be from any disciplinary perspective. Subject areas of interest include, but are not limited to the following:

    Theory: Specification of objectives; development of theoretical models; identification of testable hypotheses; selection of appropriate methodologies for analysis.

    Data: Identification of key indicators; development of consistent data standards; data collection and verification; data access.

    Modeling: Development of empirical models; dealing with institutional diversity and complexity; coping with dynamic technological change. Multidimensional visual modeling of large bodies of data.

    Application: Formulating answerable questions; Making predictions about outcomes; Analyzing relevant data; Using outcomes to refine theory and hypotheses.

    Policy Development: Organization of statistical resources; conversion of results of statistical analysis into policy guidance; incorporation of results in shaping policy or legislation; political use of findings.

Submission Deadline:

    Submissions are due by April 15, 2009. Submissions should be made to expwkshopDBIP2009@psu.edu. Abstracts are not to exceed 500 words. Abstracts should be accompanied by a brief biographical description of the author(s)(no more than two pages). Decisions will be announced by May 29, 2009.

    Accepted papers will be due on Sept. 1, 2009, and authors are expected to present the accepted submissions.

Support Funds:

    Final funding plans are still being developed, but it is expected that some funding will be available to help offset the costs of attendance for accepted papers, with a priority given to international participants.

Program Organizers:

  • Johannes Bauer, Ph.D., Professor, Telecommunication, Information Studies, and Media, Co-Director, Quello Center for Telecommunication Management & Law, MSU (https://www.msu.edu/~bauerj/)
  • Sascha Meinrath, Research Director, Wireless Future Program, New America Foundation (http://www.newamerica.net/people/sascha_meinrath)
  • Jorge R. Schement, Ph.D., Dean, School of Communication, Information and Library Science, RU (http://www.scils.rutgers.edu/directory/jschemen/index.html)
  • Richard Taylor, J.D., Ed.D., Palmer Chair and Professor of Telecommunications Studies, Co-Director, Institute for Information Policy (http://comm.psu.edu/people/rdt4)
  • Bin Zhang, Ph.D., Professor, School of Economics and Management, Beijing University of Posts and Telecommunications (http://www.intramis.net/?q=node/4)

For information or questions, contact: Richard Taylor at rdt4[at]psu.edu

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I recently had a wide-ranging conversation/interview with Lee Dryburgh, who puts on the the yearly eComm conference (this year's will take place March 3-5 in San Francisco). It's a fun read of what I've been thinking about at the dawn of the Obama administration:

    Sascha Meinrath on Spectrum 2.0, Battling the Incumbents and Future Telecom Networks - Emerging Communications Blog

    Last Wednesday I had the pleasure of interviewing Sascha Meinrath (who will be one of the keynote speakers) via Skype.

    You can download it as a 96kbps MP3 here (32 meg, 46 minutes).

    Additionally the full transcript is below. To distinguish between us I've indented Sascha.

    Transcript

    Good morning, Sascha.  How are you?

    I'm doing well.  Good morning to you. 

    What time is it where you are?

    Where we are, it is now about 10:30.  I've already had my first meetings of the day.  [Laughs]

    Okay, well, it's 4:30 p.m. here, and I've got large mug of coffee so I'm all good for you.  So, I'm really excited to be speaking with you.  I see that you're the Research Director for the New America Foundation's Wireless Future Program.  Could you say a few words on what the Wireless Future Program is?

    Sure, Wireless Future Program has been engaged, the past seven years, in telecommunications reform.  In particular, it's been particularly focused on spectrum, the public airwaves here, in the United States, and innovation in terms of how it's allocated and used, and who has access to it.  A lot of what we've pushed for are things like opening up spectrum to unlicensed devices and reallocating spectrum for public access, things of that sort.

    I also head up what is going to become the Open Technology Initiative, here at New America Foundation, which will be looking at open architecture, open source, open API, kind of the open side of these technologies that are happening.  So everything from cell phones and open networks on cellular networks, to open source software and design.

    Okay, the Open Technology Initiative sound pretty interesting, so let me make a note here to circle back on you, a little later, with questions on that.  So, looking here at the New America Foundation's Board of Directors, I see the Eric Schmidt, the CEO of Google is the Chairman.

    Yes, and he's actually been with New America since before his days at Google.  He's been on our board for a number of years, now.  Recently, this past year, he stepped up and decided that he wanted to put a bit more time and energy behind the Foundation, and has stepped up as Chairman of the Board.  He got a lot of press for it.  What was not really talked about so much is that he's been part of this institution for quite a number of years.

    [Laughs]  Okay, I'm just laughing because obviously I picked up the sort of Google sense, the Google significance to it and what it could mean, except you're saying he's been on the board for years, anyway.

    A lot of people want to really read in that this means Google in some way has its fingers in the Foundation, and the reality is that's not really true.  He happens to now be chairman of our board, and CEO of Google.  The reality is that there are some areas where some of the work we're doing aligns with what Google wants to do, as well, and we're happy to work together and partner in those areas, but Google doesn't have any official space or place inside this organization.

    Okay, thanks a lot for that clarification.  I'm going to jump right into the deep end here, where I really want to go.  You talk about a status quo in communications.  Could I ask you to describe that status quo?

    Sure, let me exemplify it straight out of our own historical records here, in the United States, which in terms of licensure and who has access to much needed resources, and it could be rights-of-way access, but I'll focus on the public airwaves part of things.  Starting in the 1920's and into the 1930's, when the Federal Communications Commission, sort of the highest, most important space for telecommunications policy making in the United States, when they decided, back in 1934 and onwards, that we had to divvy-up the airwaves, it was based on the newest, most important, cutting edge, technology of the pre-WWII society.  Unfortunately, that kind of licensure regime has, effectively, continued to be in place, right up through and until today.

    When people get licenses, they get a specific license and a specific location and at a specific power, which ends up being incredibly inefficient.  A lot of things have changed since the 1930's.  We have transistors, computers, and digital technology.  That is not really taken into account in terms of shifts in how we allocate the public airwaves.  What this has led to, then, is an artificial scarcity, which keeps certain incumbencies in place.  In fact, we have sort of an oligopoly on a lot of the airwaves, but it also keeps most of the populace out of being able to use the airwaves, for various uses. 

    The status quo is very much about maintaining this oligopolistic system of maintaining artificial scarcity, of ensuring that the incumbents still have control over this medium, and that the actual owners of the public airwaves are kept out of this medium.  What it boils down to is that we're really fighting to ensure that new technologies and innovations, things like digital computers and digital technology, are taken into account when we're setting up our spectrum licensure.

    Okay, did you see the comments that Lessig made, regarding the FCC, recently?  Are you able to pass any comment on them?

    The knee-jerk reaction is often to jettison everything.  I think there is a lot of jettisoning that needs to take place.  We need to shift, dramatically, how we license things.  But, you can't just throw everything out without an alternative for how to take care of incredibly important areas of telecommunications policy.  If we were to jettison the FCC, we would end up being stagnant in ways that are even worse than the current situation.  I still have hope that a new FCC will be more proactive in instituting much needed reforms.  I'm still hopeful that a new staff will be much more aligned with the public interest coalitions that have been working here, in D.C., and pushing for reforms that really meet the needs of the general populace. 

    I don't want to throw out the baby and the bath water.  [Laughter]  I really want to look at how we can have meaningful reforms and interventions into a system that is clearly broken.  Lessig was very correct in that.  Still, it has a lot of positive aspects to it. 

    Okay, and this status quo, you've described it as inefficient, stagnant, overpriced, command-and-control.  That is fairly - that's not a light viewpoint.  You feel very strongly that a status quo that we have is not acceptable. 

    It is completely unacceptable.  I speak as somebody who has served a couple of terms as a member of the board of directors for my local community radio station.  I've set up a low power, FM radio station.  I've fought, for half a decade, to get a license for our local community to have its own radio station. 

    These sorts of battles - it's very clear that media diversity has been thrown out of the window.  Local control of the media has been thrown out of the window over the last eight years.  These are reforms that need to be made.  We really need to re-empower the populace to take control over what is ours; the public airwaves are held in trust for us to use, and has been granted to corporations and entities that have made incredibly inefficient use of them. 

    Government research - National Science Foundation here in the United States has conducted extensive research on actual spectrum usage.  What we found is that even though the allocations of space - this part for FM radio, that part for AM radio, this part for television broadcast - the allocations show a completely full spectrum.  When you look at the assignments, you find, "CBS gets this station, and WRFU gets that station".  These assignments show there is a lot of empty space, but then when you look at actual use, what's happening on the ground, you find that over ninety percent of the airwaves are vacant, in any specific location in any specific time.

    You can imagine a resource that's being used less than ten percent efficiently, and that's what we have, today, with the public airwaves.  I look at that and I look at the scarcity, and I look at the desire to make better use of the public airwaves, by people all across the country, and I think that's egregiously unfair.

    So, then, I would like to ask what alternatives do exist?

    There are many alternatives.  One of the big ones we're pushing for is called "Opportunistic Spectrum Reuse".  People can think of this in terms of a Wi-Fi device that can scan and find an open channel.  Or, if you remember home telephones, radiotelephones, where you would hit the on button and it might scan a number of channels and choose the one that had the clearest signal.  These technologies have been around for quite some time. 

    With the television white space and in the spaces that we used to - if you were flipping through your television, you would have snow on your screen; those spaces can be reutilized for broadband access and for all sorts of different purposes.  We've pushed very hard at the FCC to allow unused television spaces to be used by next generation hardware or software, etc.  This is a fundamental shift in how we license our spectrums, and basically says, "Look, as long as we're using less than ten percent of the space, let's reuse the unallocated space, the underutilized space, on an ad hoc basis, by next generation hardware, so people can do all sorts of new, innovative things with it".  That's a huge change. 

    The second one that we've been fighting for, and have lost thus far, is what's called "Interference Temperature," which is that in the same was as a rock concert, people in the audience can whisper, or yell for that matter, and not be disruptive to the concert itself, we want to see very low powered usage on occupied channels.

    The idea is if you're sitting next to a 100,000-watt television transmitter and you want to utilize a device to connect your laptop computer to your television, fifteen feet away, you should be allowed to do that in the same space.  Of course, the incumbents have said, "If you allow any of these things, it will destroy radio, or television," or whatever it is that they own or license.  Of course, time and time again, we've found that these claims of disruption have been blown way out of proportion.  The disruptions that have been promised have never come to pass.

    Okay, Yochai Benkler's Wealth of Networks comes to mind.

    Absolutely

    So, do you have some more optimism, now that Kevin Martin has stepped down [at the FCC] and you have Julius stepping up [as chairman of the FCC]?

    Yeah

    Yes - more hope?

    I have a lot more hope.  You know, I've worked with Julius first on the campaign, and with the transition teams, and he gets a lot of these new ideas, in terms of innovation and shifting our regulations and policies to take advantage of computers, digital technologies and other advancements that have happened in the past half century, frankly.  So I'm very hopeful that a newly constituted FCC, with him at the helm, or with somebody else at the helm, would be fantastically much more receptive to a lot of the ideas that we've been talking about for years, but it's faced a lot of resistance from regulators.

    So, you see some traction coming?

    Absolutely, it's very clear that they've pulled together an "A" team of thinkers and innovators to contemplate what are the new policies that we're going to be implementing or looking at, in the next few years.  That gives me a lot of hope because when you get the engineers in the same room, and they're talking off the record, there is a lot of eye-to-eye agreement on what needs to happen.  It's only once the PR spin, and what have you, gets thrown into the mix, that you end up with people on opposite sides of the table on these issues.

    Okay, so what opportunities do you see?

    Gosh, everything from reuse of underutilized spectrum, to rolling back some of the liberalization that has allowed for media conglomerization in unprecedented rates.  What we've seen, over the past five years - the destruction of local media, the "crisis" that's whelming in things like newspapers, here, in the United States is incredibly destructive to the health of our civil society.  That needs to be addressed. 

    We need to look at everything, from how we allocate new spectrum, in terms of whether we should continue to pursue this auction system, which guarantees that corporations fight it out - whereas public interest is completely unable to afford even the licenses that are out there, or whether we look at things - everywhere from network neutrality, to how we view network management and how we view universal service fund reform, in terms of telephone versus Internet. 

    All of these are issues that are going to be coming to the fore, over the next year or two, all of which are going to have to be addressed by the FCC.  Many of these have been pushed down the road by the current FCC, for the new FCC to have to deal with.

    Okay, I know it's may be slightly off topic, but are you able to pass comment on 700 MHz, and your opinion of how that went?

    Sure, 700 MHz was a mixed bag, to say the least.  What we have is a number of different allocations within the 700 -800 MHz range that have been auctioned off, some previously, a couple of years back, and then a huge auction that took place from January to March of 2008.  That second auction, the 2008 auction, raised close to twenty billion dollars.  The big winners were groups like Verizon, the same incumbents that have been incumbents [laughs] for quite some time now.

    One of the elements that was a huge win was what's called the "Open Platform Conditions," which mandated that if you have the 20 MHz of space that Verizon won, for about 4.8 billion dollars, then you had to open up your network and you had to allow any device to be attached to this wireless network that consumers and users wanted to bring to that network.  Really, what it is, is a precedent to bring back what's called Carterphone.  On the wire line, here in the United States, there was a Supreme Court decision, in 1968, the Carterphone Decision, which mandated that you could attach what's called "foreign attachments" to any network.  What foreign attachments meant was everything from what became answering machines, to modems, which of course, is what allowed for the Internet to exist in the first place.  Without the Carterphone Decision, there would have been no Internet.

    Unfortunately, in the wireless realm, we've never had a Carterphone kind of decision applied.  So, the Open Platform Mandate in the 700 MHz harkens back to this history of allowing foreign attachments, allowing devices to be attached to these networks, so long as they do not harm the network.  It is a giant leap forward, in terms of empowering customers and end users to start building next generation systems, technologies, applications, and services - all of that on a wireless medium as opposed to just the wire line medium.

    On the other hand, also in the 700 MHz, you had the D Block, which was a block that was supposed to be utilized for public safety, and to create a national telecommunications infrastructure, with interoperable technologies, for public safety use.  That has been a stagnant disaster. 

    I wrote an article about this for Government Technology Magazine, where I interviewed CIO's of places like New York, San Francisco, Houston, and major cities, that really desperately need an interoperable public safety network for disaster response.  They have been waiting for years for the FCC to figure out how to do this. 

    In many ways, the D Block is an exemplar of how the FCC has had it's hands tied, in terms of having a mandate by Congress to have to auction this off, but also has been unable to really reinvent itself and institute innovative solutions to address the needs of public safety community, in this case, but the general populace, more generally speaking.

    Okay, thanks a lot for your views there on 700 Mhz. I've got a very simple, and it could be a naïve question, but what I never understood with allowing this "foreign attachments" is that when I think of GSM, I can take my SIM card and put it in any device.  For the fancier sports cars out there, you have security systems, where you put in a SIM.  If you car is stolen, it rings you or a main center, automatically.  So, with SIM cards, you can put them into anything.  If I roam into the States, I can take any device I want and it attaches.  So, I never quite understood this because I didn't see anything different to what we have, today, except maybe on paper, it says it's okay.

    You have to view it in regards of what are you allowed to do on these networks.  You can take your SIM card and move it around to any SIM-compatible, wireless telephone or similar device.  Chances are, that's actually not allowed by your terms of service with the providers, at least not in the United States, and probably internationally, for the most part.  Now, people do it en masse and it's sort of ignored.

    Where you really start running into problems is when you say, "I have a data plan on my cell phone.  Why can't I use my cell phone to tether it to my laptop and get free Internet through that?  Why should I have to buy an EVDO card, or some other device for my laptop, when I'm already paying once for a data plan on my cell phone?" 

    The reality is that the providers don't want you to share your data plan amongst other devices; they only want you to buy one data plan for your cell phone, one data plan for your laptop, etc.  This is where the Foreign Attachments Mandate is really important, in that you should be able to take your SIM card and not just be able to put it into your car, but to put it into any device that you want, that follows the standards of connectivity on a wireless, telephony network, and have that interoperate with that network.  You should be able to put a computer - you should be able to put - whatever it is, that should be interoperable with the cellular network, and utilize those devices as you, the consumer, the end user sees fit. 

    These are places where we see the lock down that's really in place.  You can't really use any service or any application on the cellular telephony networks.  In fact, whereas that one car might use your SIM car, chances are that car's manufacturer has made some specific deal with that cellular network to allow for that usage to take place, is paying some fee or licensure, etc. 

    All of this stuff really is incredibly disheartening for innovation and development of next generation applications and services.  It really stagnates that whole market sector.  When I look at all the different devices you could connect to the Internet, the wire line Internet versus the few devices you can actually connect to a cellular telephony network, I think the Carterphone versus non-Carterphone regimes really become clear.

    Okay, so thanks for letting me know that.  You have said that we're at a critical juncture.

    Absolutely

    Do you want to describe that juncture?

    Sure, there are three elements to what is creating this critical juncture.  The first is that new digital technologies are really maturing at an incredibly speedy rate, leading to all sorts of innovations and new uses.  The second is that there is an unprecedented consumer demand to make use of resources like the public airwaves, in ways we really haven't seen since the CB radio craze of the 1970's or in the 1920's, the amateur radio craze.  People really want to utilize wireless technologies in ways that are unprecedented.  The third is that we have this shift in regulatory structures and administrations.  The three of those, the regulatory shifts, the consumer demand, and the new technologies are sort of swirling together and creating this "perfect storm" that has the potential, at least, to shift the trajectory of telecommunications, of fundamental communications, for generations to come. 

    Over the next year to three years, is really this moment in time that will determine what that trajectory looks like.  After that, things will really be a lot more locked down and will not be nearly as innovative an environment.  So, the battles that are being waged right now are absolutely, fundamentally important to the future of human communications.  The reality is; warts and all, what's decided here in the United States often reverberates internationally, globally. 

    Okay, so you speak about fundamentally changing access to communications.  I'm obviously getting a sense of what you mean there, but do you wish to add a little more about what you mean about fundamentally changing access to communications?

    Sure, I very much ascribe to the notion that communications is a fundamental human right.  Article Nineteen of the Universal Declaration of Human Rights, back in 1948, was very explicit in stating we, as a community of civil societies, understand that if you cannot communicate, one of your fundamental rights has been infringed upon. 

    We stand at this moment in human history where it is possible to ensure that everyone has access to communication, where traditional barriers to entry into this communications are rapidly being torn down.  In much the same way as we have, as a society, as a human society determined that we're uninterested in world wars any longer, and we are interested in preventing famine and addressing massive health problems, etc., we need to be focusing on communications in much that same way.  When we are looking at the fundamentals of social and economic justice, on a global scale, we need to realize that from the very beginning it has been the case that communications has really determined the health and vibrancy of democratic society. 

    I think that's really nice stuff and it's something I wouldn't mind talking to you a lot longer about associated topics, but if I just jump to TV white spaces - I'm surprised how many people still don't understand what's meant by TV white spaces.  Could you describe what's meant by TV white spaces, and then also say why the fairly recent FCC decision was important?

    Sure, television white space, as in snow or what you see on the channels when you're flipping through a TV, where there is no signal, where there is no broadcast, what ends up happening in any city or town that has over-the-air television broadcast is you might have a channel, let's call it channel 3.  Channel 3 may be a broadcaster in that local community.  You cannot then have a station on channel 2 or channel 4.  You need to space between these broadcast channels so they don't overlap on one another, so they don't interfere with one another.

    What this leads to is a very inefficient use of the television spectrum.  You might have channel 3 and then channel 5 and then channel 7.  What also ends up happening is your neighboring towns cannot use those same channels that you are using.  You can imagine that if you try to fill a piece of paper with circles, you will find there is a lot of empty space.  In much the same way that that happens, television licensure is the same way. 

    They draw a circle and they say, "That's channel 3".  No matter how you stack these channels, you always end up with underutilized space.  You have space between channels within a community.  You have space between channels between communities.  All of this, when you look at it, translates to somewhere between a low of about twenty to thirty percent and a high of over eighty percent of television channels that are unutilized. 

    What the Television White Space proceedings was, was look, "Rather than just allowing this space to go unutilized, let's start looking at ways we can use the blank channels for innovation, in terms of broadband service, in terms of emergency communications, in terms of all sorts of new uses of this space".  It's very elegant, in that communities that have been least served by television's broadcasters, all of a sudden have access to the most television white space. 

    This has been a battle that's been going on for many years, dating back to 2002, but really picked up in 2004, with the FCC saying, "We're going to make a decision on this".  Of course, it took four years to actually achieve a decision, but the decision ended up being, "Yes, we should reutilize these unused spaces". 

    Where as the National Association of Broadcasters, the incumbents, the status quo fought against this, tooth-and-nail.  It was a huge political battle to get this done.  A coalition of community organizations, public interest groups, consumer groups, and high tech firms all came out and said, "We support this, we want to see television white space utilized for new and innovative uses". 

    The reason why this is important is because it sets this precedent of saying, "Look, if you're not utilizing part of the public airwaves, we should allow devices to use that same space on an opportunistic basis".  It sets a precedent for saying, "If we have this massively underutilized resource, we, the owners of the public spectrum, - it should be entirely legal for us to make use of what we own".

    This, of course, scares the bejeezus out of incumbents that have poured billions of dollars into licensing space, on the assumption that they can then keep other people out of that space.  The benefits to the general populace are so enormous, that even the political power of those incumbents was not enough to prevent this decision at the FCC.

    Okay, so again, this gives you hope.

    My friends often say that I'm a hopeless optimist, but I'm also sort of a pragmatist and looking at the political realities and what's possible.  What I see is that there is a fundamental shift taking place.  It's a generational shift, it's a technological shift, it's a party shift, and it's a lot of things aligning to make more effective use of these sorts of resources. 

    Whether it's looking at broadband stimulus, or whether it's looking at the universal service, whether it's looking at network neutrality and carriage, whether it's looking at spectrum allocation and licensure, there is a huge impetus for making more effective uses of these resources, resources that have been underutilized for years, if not decades.  Tie that then, to the notion of things like the U.S. used to lead the world in terms of use and deployment of Internet and broadband infrastructure.  We have systematically, year after year, since the turn of the millennia, fallen further and further behind a growing number of other countries. 

    When we look at that, as a country, as a society, we realize that something needs to be changed, from the midst of a massive, multi-year, market failure, a catastrophic market failure.  The market fundamentalism that has driven telecommunications policy for the past eight years is now beginning to give way to a much more pragmatic, society friendly regime.

    And that should be nicely timed with the new FCC chairman appointment. 

    That is very much the hope.

    So, we'll need to track this now.  At the start, you mentioned the Open Technology Initiative.  I'd like to ask what kind of projects the OTI is working on.

    The Open Technology Initiative is working on a number of projects around open source, open architecture, and open API systems.  I work at a think-tank so a lot of what we do is looking at what are the differential assessments of open versus proprietary systems or architectures.  How will these affect people, generally, and to concretize that a bit more?

    One of the things we're looking at is the different architectures of wireless telephony systems and the hardware that runs on that.  That might be a comparison between the openness of a BlackBerry versus a Google phone, versus an iPhone versus an Openmoko phone, and the pros and cons of each endeavor.  Or, for example, we might be looking at something that's very big yet has not been looked at here in the United States - our healthcare system and portability of patient records, and interoperability of medical equipment.  We might be looking at things like how can we make more efficient use of the public airwaves, and open those up? 

    It's really this intersection of technology and policy.  It's an area where, in D.C., you pretty much can't walk three feet without bumping into a lawyer.  We've realized that legal help is fundamentally important to being effective here, in D.C.  In the same way that's true, we need technologists to help us understand what's coming down the pipes, and what's happening with new technologies and the intersections of these new technologies, with the policies and regulations that we're passing. 

    This might be looking at what are ISP's doing, in terms of throttling user services and applications?  A classic example would be Comcast, which is a major cable provider, really blocked BitTorrent, file-sharing protocol.  Comcast claimed they were not, and we needed technologists to step in and document exactly what Comcast was doing.  They eventually capitulated [laughs] and agreed, in fact, "Yes, fine, you caught us.  We are blocking BitTorrent, and we will stop now". 

    It might also be that we're looking at various ways in which fair-use rights, in terms of copyright, are being curtailed in next generation operating systems.  Windows 7 is the new one that's coming down the pipes, and may have a lot of digital rights management that doesn't just protect copyright holders, but actually infringes upon our constitutionally, guaranteed fair-use rights as a populace.

    These are all areas where, until you really take a deep dive into the technologies themselves, it's very difficult to understand the impacts that these technologies have on regulations and policies that are being put in place.

    It might be - well, I won't say might be.  It is off topic, but you mentioned an OS, so the geek in me can't help but ask; are you saying Windows 7 will have something worse than what Mac now has, as well, in a new Mac - HDCP.

    Yes, it's unclear exactly what Windows is going to do, but from I've heard, they are aligning themselves closer and closer with the Motion Picture Association of America, the RIAA, other major copyright holders, and these copyright holders have often been so incredibly concerned about things like piracy, and protecting their copyright, that they have had no compunctions about stepping all over our fair-use rights. 

    I look at that combine that is developing, where most people that buy a computer are still buying a computer with a Windows operating system, and often don't have any other choice but to buy their computer with a Window operating system.  For me, when I look at Section Eight of the Constitution, which defines copyright, and also defines fair use as an important caveat, the notion that I buy a computer that comes with an operating system that infringes upon my constitutionally protected rights is of deep concern.  As we've seen, Vista had a lot of this in place already.  As we've seen this sort of rollback of our fair-use rights, I think it's fundamentally important to understand the technologies, to understand what these technologies are doing, and to fight against this diminution of these rights that are inherent in the United States.

    Okay, so you're not a big fan of the personal computer becoming a glorified DVD player, with a play button, a pause button, and a pay button.  [Laughs]

    Exactly, in fact, I'm a huge proponent of empowering end users to find, for themselves, what they view as fair use, and to utilize these as tools for whatever means or needs that they have.  We are allowed, as consumers who buy CD's DVD's, etc., to make copies for our own use.  If you have a technology that prevents you from doing that because of fear that you will share those files or media with other people, the notion that you would infringe upon your rights, in order to protect you from doing something that's illegal; it's like making cars that can only go 25 mph because of the fear that you might speed.  It's a ridiculous way to treat a tool that should be open.  You can kill somebody with a hammer; we don't make hammers illegal because they're a useful tool.  When you take a computer and gut it so it can't be used for anything illegal, you take a computer and make it into a relatively useless tool. 

    Again, I love this topic because my favorite book is Yochai Benkler's Wealth of Networks, and it's certainly interesting times we're living in and what's going to take place over the next two to five or six years, i's going to determine a generation or two down the line.

    But, jumping back to wireless - what do you actually think is next in spectrum policy reform?

    What do I expect next?

    Yeah

    I think that there will be a big battle, over network neutrality, in Congress.  I expect that Senator Dorgan is going to drop a new network neutrality bill, probably in early February.  That will be on a lot of peoples' agendas.  I think that at the FCC, we will be, first and foremost, looking at how do we transition into this new regime.  I think a lot of the battles there are going to be much more about educating a new staff that's being brought in.  I think through 2009, I see things like digital rights management growing in import.  I think that is one of these areas that really have not been explored to the extent it needs to be explored.  I think that we will be battling over what it means to have universal broadband access and whether we should, as a country, prioritize that or not.  Obviously, I'm hopeful that we will prioritize it but there are a lot of groups and organizations that really want to ensure that a universal service fund enriches the incumbents without necessarily creating a competitive marketplace.

    Okay, you had mentioned, again at the start, opportunistic spectrum access.  How do you think that will change things?

    It has the potential to allow consumers to buy equipment that, in effect, makes everyone a broadcaster.  You can imagine a much more vibrant public sphere, in terms of media production and dissemination.  It means an increased flow of communications and information.  It means that the large barrier to entry, in terms of not too many people being able to afford either to buy or build their own radio station or television station, but can webcast, can podcast, can videocast, and can do all these things that are possible with new technologies.  But, they often lack the capacity, in terms of the broadband capacity, to do really innovative stuff such as live broadcasting and all these other media.  That is going to be coming to the fore in the near future.  We will have to address this as a society.  Much the same way that we provide parks, schools, and roads to the general populace, do we also say everyone needs to have access to broadband connectivity, as well?

    Okay, I have one final question for you.  I would like to know - it's kind of two questions.  What do you see as the future of telecommunications infrastructure?  What will it look like and how will we get from where we are today, to there?

    The future is absolutely going to be a hybrid infrastructure.  You will have fiber connectivity.  You want the fiber because it has capacity and reliability, but it will also be this hybrid with a wireless communication system, which will provide cost efficiencies and mobility.  Together, they will hopefully look like a seamless roaming between these different media - wireline and wireless - seamless roaming across multiple, different systems and networks.  They might go from EVDO to cellular, to Wi-Fi, to a wire line plug-in, depending on what's most effective for your needs.  All of this is predicated upon an open networking system where interoperability is paramount and where users are empowered to jump amongst multiple, different networks.  That's really, where these battles are going to be fought.  The telco incumbents really want to be sure that their users stay on their network and really don't like the notion of freeing up users to jump to whatever is most effective for end users. 

    If I were to point to the future of communications, it is in this tension between end-user empowerment, edge-to-edge networking and command-and-control infrastructures that attempt to lock down users and networks and keep you on a specific network. 

    Okay, would you ultimately like to see a day come where we have glass between us, or what we might call "super-high broadband" and peer-to-peer?

    Yes, absolutely - I would love to see a day come where we are no longer having to worry about whether we have capacity or whether we have a mobility, not just to connect from anywhere, but to connect in the most efficient and effective manner.  Cell phones as an example, there is no reason, if you and I are in the same building, that we should have to be routed through a central tower.  The only reason why that architecture has been put in place is because in the United States, I get charged on the way up that tower and you get charged on the way down from that tower.  The network owner gets to charge twice for that call, even though for you and I, we would have better, faster and cheaper communications if our devices were connected directly to one another. 

    I would like to cut out middlemen whenever possible.  I'd like to cut out hierarchies that are unnecessary for effective communications, whenever possible.  I would like to cut out tolling, adding expense for no other reason than you control the network, whenever possible.  Those battles between a distributed, peer-to-peer infrastructure, an opportunistic infrastructure and a command-and-control tolled infrastructure are really where the near future - the next half decade - the battles are all going to be fought.

    Well, Sascha, I can say this; I hope you come to the eComm Conference every year.

    Absolutely, it sounds like a great event.  I'm very much looking forward to attending.

    Okay, so I very much look forward to the keynote that you're giving there and I wholeheartedly say thank you very much for your time and sharing your expertise.

    You're very welcome, my pleasure.

    Okay, have a great day, and thank you again.

    You too - take care.

    Bye

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sascha's picture

My good friend, Marvin Ammori, is hosting the University of Nebraska Space & Telecom Law Program's Telecom and Space Conference in DC tomorrow. It's an all-star lineup and certain to contain a good amount of interesting debate. I'll be there for an afternoon panel and look forward to the day's discussions.

    “Looking Back at the Past Eight Years, Looking Toward the Next Four”

    November 13, 2008
    Washington Court Hotel
    525 New Jersey Avenue
    Washington, D.C.

    8:45 a.m. Welcome (Matt Schaefer, Director, UNL Space & Telecom Law Program)

    8:50 a.m. Opening Remarks FCC Commissioner Jonathan Adelstein

    9:00 a.m. Morning Keynote Discussion
    * Richard Wiley, Partner, Wiley Rein, former Chairman, FCC
    * Ben Scott, Policy Director, Free Press
    * Cecilia Kang, Washington Post (moderator)

    10:00-11:00 a.m. Wireless Issues
    * Fred Campbell, President, Wireless Communications Association & former Wireless Bureau Chief, FCC
    * William Webb, Head, Ofcom Research & Development (U.K.)
    * Terri Natoli, Vice-President, Regulatory Affairs, Clearwire
    * Robert Pepper, Cisco (invited)

    11:20 a.m. - 12:20 p.m. Network Neutrality
    * Marvin Ammori, Professor of Law, U. of Nebraska College of Law & former General Counsel, Free Press (moderator)
    * Frannie Wellings, Telecom Counsel, US Sen. Byron Dorgan
    * Rebecca Arbogast, Principal, Stifel Nicolaus,
    * Markham Erickson, Executive Director, Open Internet Coalition
    * James Cicconi, Senior Executive Vice President-External and Legislative Affairs, AT&T

    12:30 p.m. Lunch

    2:00-3:00 p.m. International Issues
    * Tricia Paoletta, Harris, Wiltshire, & Grannis
    * Ambassador Richard Russell, US Ambassador to ITU WRC-07
    * Helen Domenici, International Bureau Chief, FCC
    * Jonathan McHale, USTR

    3:20-4:20 p.m. Broadband Policy/Universal Access
    * Sascha Meinrath, Research Director, Wireless Future Program at the New America Foundation (moderator)
    * Derek Turner, Research Director, Free Press
    * Christopher Libertelli, Director of Government and Regulatory Affairs, Skype
    * Link Hoewing, Vice President – Public Policy Development and Corporate Responsibility, Verizon
    * Scott Reiter, Director of Industry Affairs, National Telecommunications Cooperative Association—The Voice of Rural Telecommunications

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