TPW 14: Fairness Doctrine, Wireless Carterfone, and Competition for OLPC

by on May 25, 2007 · 2 comments

Tech Policy Weekly from the Technology Liberation Front is a weekly podcast about technology policy from TLF’s learned band of contributors. The shows’s panelists this week are Tim Lee of the Cato Institute, James Gattuso of the Heritage Foundation, and Joe Weisenthal of Techdirt. Topics include,

  • Dennis Kucinich wants to bring back the fairness doctrine,
  • Tim Wu wants to attach Carterphone-style regulations to the winners next year’s spectrum auction, and
  • Nicholas Negroponte, head of the One Laptop Per Child program, wants to be the only one distributing cheap laptops to third-world children.

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  • Tom Coseven

    Re. Wireless Carterfone. You talked about monopoly as the rationale for the FCC decision in 1968, but this was not historically acurate. Tom Carter brought an antitrust suit and the court refered it to the FCC. The FCC didn’t rule on antitrust, because that wasn’t its authority. The FCC ruled only that the tariff was discriminatory and invaidated the tariff. Although I agree with your conclusion that Carterfone doesn’t apply to cellphones, it is for different reasons. On the subject of implementation of an open access requirement, it could be done quite easily. The GSM and CDMA standards allow for very transparent connectivity at the device level with no affect on your visual voice feature you use as an example. Those kind of widgets sit at a higher layer on the phone. Either the phone has the software or it doesn’t (sort of like a downloaded game).

  • Tom Coseven

    Re. Wireless Carterfone. You talked about monopoly as the rationale for the FCC decision in 1968, but this was not historically acurate. Tom Carter brought an antitrust suit and the court refered it to the FCC. The FCC didn’t rule on antitrust, because that wasn’t its authority. The FCC ruled only that the tariff was discriminatory and invaidated the tariff. Although I agree with your conclusion that Carterfone doesn’t apply to cellphones, it is for different reasons. On the subject of implementation of an open access requirement, it could be done quite easily. The GSM and CDMA standards allow for very transparent connectivity at the device level with no affect on your visual voice feature you use as an example. Those kind of widgets sit at a higher layer on the phone. Either the phone has the software or it doesn’t (sort of like a downloaded game).

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