Articles by Hance Haney

Hance Haney is Director and Senior Fellow of the Technology & Democracy Project at the Discovery Institute. Haney spent ten years as an aide to former Senator Bob Packwood (R-OR), and advised him in his capacity as chairman of the Senate Communications Subcommittee. He subsequently held various positions with the United States Telecom Association and Qwest Communications. He earned a BA in history from Willamette University and a JD from Lewis and Clark Law School in Portland, Oregon.


Wide of the Mark

by on February 3, 2009 · 9 comments

Wall Street Journal columnist Gordon Crovitz writes that

In Japan, wireless technology works so well that teenagers draft novels on their cellphones. People in Hong Kong take it for granted that they can check their BlackBerrys from underground in the city’s subway cars. Even in France, consumers have more choices for broadband service than in the U.S.??

The Internet may have been developed in the U.S., but the country now ranks 15th in the world for broadband penetration. For those who do have access to broadband, the average speed is a crawl, moving bits at a speed roughly one-tenth that of top-ranked Japan. This means a movie that can be downloaded in a couple of seconds in Japan takes half an hour in the U.S. The BMW 7 series comes equipped with Internet access in Germany, but not in the U.S.

Then he adds that the economic stimulus package before Congress will not fix the real reason the U.S. now ranks 15th in the world for broadband penetration because

nothing in the legislation would address the key reason that the U.S. lags so far behind other countries. This is that there is an effective broadband duopoly in the U.S., with most communities able to choose only between one cable company and one telecom carrier. It’s this lack of competition, blessed by national, state and local politicians, that keeps prices up and services down.

A couple of observations come to mind.

One is that the U.S. has the most successful wireless market in the world. Cellphone calls are significantly less expensive on a per minute basis in the U.S. (6 cents per minute) than in France (17 cents) or Japan (26 cents), according to the FCC’s latest analysis of wireless competition (Table 16). U.S. mobile subscribers continue to lead the world in average voice usage by a wide margin.

The explanation for why fourth generation wireless technology is further along in Japan than it is here would have to include the fact that the Japanese government years ago decided to make leadership in 4G wireless technology a national priority and invested heavily with taxpayer money (see, e.g., this).

This is a form of industrial policy, which involves picking winners and losers, and it is how the Japanese do things. Back in the late 1980s or early 1990s the Japanese government decided Japan needed to be the world-leader in high-definition television, which prompted some in our own government to argue we couldn’t afford to let that happen, so we needed a public-private partnership and a national high-definition television transition plan (which some now want to postpone).??

The good news is that AT&T, Clearwire and Verizon Wireless have all successfully acquired spectrum for the rollout of their own 4G services over the next couple years without government subsidies and oversight.??

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Senate Republican Leader Mitch McConnell and Senate Commerce Ranking Member Kay Bailey Hutchison, I hear, have received approximately one dozen recommendations for filling the vacant seat on the FCC which, by law, must be filled by a Republican.  Although the president will make the appointment, the views of the Senate Republican Leader, in particular, are usually accorded significant weight.  

The most prominent candidates include Lee Carosi Dunn (Senator McCain’s assistant for communications policy), Brian Hendricks (Hutchison’s assistant for communications policy), Ajit Pai (Senator Brownback’s assistant for judiciary matters) and two officials from the Bush administration (David Gross, ambassador for international communications and information policy; and Meredith Baker, former acting assistant secretary of commerce for  telecommunications and information policy).  All sound like good choices.  The Senate staffers have the inside track. 

Aside from the current vacant seat, it’s also possible  one of the candidates could replace current FCC Commissioner Robert M. McDowell, whose term expires in June.  By law his seat would also have to be filled by a Republican.

The Senate version of the economic stimulus package (H.R. 1) winding its way through Congress would provide $9 billion in direct public subsidy for broadband network deployment subject to a “non-discrimination” requirement which, like the “open access” requirement in the House bill, could turn into onerous “network neutrality” regulation.

Meanwhile, Britain has outlined its digital transition plans in “Digital Britain – Interim Report.”

db_reportcover1

It is interesting to compare the substantially more free-market direction Britain is taking with the silly approach our own Congress is considering.  For one thing, Britain is going to let private investors finance network upgrades.

The Government is not persuaded that there is a case now for widespread UK-wide public subsidy for Next Generation Network deployment, since such widespread  subsidy could simply duplicate existing private sector investment plans or indeed chill such plans.

Another reason direct public subsidies should be avoided is they distort competition.  Over at the Progress & Freedom Foundation blog, Ken Ferree cites a recent U.S. government audit report (analyzing significant problems with the current broadband grant and loan programs of the USDA Rural Utilities Service) which asked the evident question: “What is the government’s responsibility if, due to subsidized competition, a preexisting, unsubsidized broadband provider goes out of business?”

Next, the British report touches on the third rail of broadband policy, by noting that if Internet service providers offer guaranteed service levels to content providers in exchange for increased fees, it could lead to “differentiation of offers and promote investment in higher-speed access networks. Net neutrality regulation might prevent this sort of innovation.”  The report adds that

the Government has yet to see a case for legislation in favour of net neutrality. In consequence, unless Ofcom [Britain’s FCC-equivalent] find network operators or ISPs to have Significant Market Power and justify intervention on competition grounds, traffic management will not be prevented.

So the British digital transition is based on some sound free market insights, and keep in mind that Britain has a Labour government!  Here in this country we are heading in the other direction due to some muddled thinking, and not just on the Left.  A prominent Republican writes that “conservatives should cheer” over the fact the stimulus package will include billions to promote broadband deployment and adoption.

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Genachowski for the FCC

by on January 13, 2009 · 9 comments

President-elect Obama intends to appoint Julius Genachowski, a protege of former FCC chairman Reed Hundt, as the commission’s next chairman.

Having been at the FCC with Hundt, Genachowski should have seen industries largely ignored by the commission — cable and wireless — thrive as a result of deregulation while the telephone industry it attempted to reinvent soon crashed.

As George Gilder and I noted in a paper this past summer, when the 1996 law passed, there were several cable operators who planned to offer competitive phone services in a venture that included Sprint Corp. These plans were shelved, according to Sprint CEO William T. Esrey, due the FCC‘s “pro-competition” policies: “If we provided telephony service over cable, we recognized that they would have to make it available to competitors.” Thus, the local competition rules which were intended to speed effective competition actually delayed it. Cable voice services did not gain significant momentum until 2004, when the FCC scaled back its pro-competition rules. Those changes prompted phone companies to enter the video market dominated by cable operators, who in turn accelerated their entry into the voice market dominated by incumbent phone companies.

Genachowski should know that in its pure form net neutrality regulation would encumber broadband networks with the same open access regulation which failed when applied to local telephone networks.

Abolish the FCC

by on January 8, 2009 · 18 comments

Regarding Stanford Law Professor Larry Lessig’s proposal to abolish the Federal Communications Commission: Adam covered the main points here and I’d like to add a couple minor points.

The idea of abolishing the FCC used to be a right-wing fantasy. But now Silicon Valley-booster Lessig is on board.

With so much in its reach, the FCC has become the target of enormous campaigns for influence. Its commissioners are meant to be “expert” and “independent,” but they’ve never really been expert, and are now openly embracing the political role they play. Commissioners issue press releases touting their own personal policies. And lobbyists spend years getting close to members of this junior varsity Congress. Think about the storm around former FCC Chairman Michael Powell’s decision to relax media ownership rules, giving a green light to the concentration of newspapers and television stations into fewer and fewer hands. This is policy by committee, influenced by money and power, and with no one, not even the President, responsible for its failures.

Relaxing media ownership rules was and is a good idea, but aside from that Lessig is absolutely correct. The FCC has a history of inhibiting innovation, protecting favored clients and persecuting politically-unpopular industry segments who stand up for their legitimate rights. But politics are nasty, so none of this should be surprising.

Lessig is also correct that

The solution here is not tinkering. You can’t fix DNA. You have to bury it. President Obama should get Congress to shut down the FCC and similar vestigial regulators, which put stability and special interests above the public good.

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Naturally, now that government plans to intervene in the economy with a massive stimulus package, everyone wants their “fair” share. Robert D. Atkinson, president of the Information Technology and Innovation Foundation, is arguing for digitized health records, a smart power grid and faster broadband connections:

While creating jobs by upgrading the nation’s physical infrastructure may help in the short term, Mr. Atkinson says, “there’s another category of stimulus you could call innovation or digital stimulus — ‘stimovation,’ as a colleague has referred to it.” Although many economists believe that a stimulus package must be timely, targeted and temporary, Mr. Atkinson’s organization argues that a fourth adjective — transformative — may be the most important. Transformative stimulus investments, he said, lead to economic growth that wouldn’t be there otherwise.

A new report by the Information Technology and Innovation Foundation [to be released Wednesday] presents the case for investing $30 billion in the nation’s digital infrastructure, including health information technology, broadband Internet access and the so-called smart grid, an effort to infuse detailed digital intelligence into the electricity distribution grid.

And a Silicon Valley petition calls for a tax credit for companies that spend more than 80 percent of what they had been spending annually on information technology like computers and software.

Usually when politicians hand out targeted tax breaks or grants there are strings attached.

Free Press is already proposing that the Internet services receiving subsidies “must be an open, freely competitive platform for ideas and commerce.” There is a possibility no one would accept the subsidies to build the network Free Press envisions. Continue reading →

A report prepared by the staff of the House Energy & Commerce Committee is critical of FCC Chairman Kevin Martin’s leadership. Among the findings: “There are instances in which the Chairman manipulated, withheld, or suppressed data, reports, and information … in an apparent attempt to enable the Commission to regulate cable television companies.”

The report mentions that Martin’s actions “have certainly undermined the integrity of the staff. Moreover, it was done with the purpose affecting Congressional decision-making…”

Shocking.

Oh, and the report notes that there is some friction between Martin and some or all of his four fellow commissioners. The report concludes that Martin’s management style is “heavy-handed, opaque, and non-collegial,” and that his leadership has led to “distrust, suspicion, and turmoil among the five current Commissioners.”

Martin said in a statement he has merely sought to “enhance choice and competition in the market for video services.”

I completely disagree with Martin’s policy agenda when it comes to the cable industry.

And I would certainly like to see integrity and collegiality at the FCC.

But my first glance at the report reminded me of a former FCC chairman during the Clinton administration who had the audacity to try to enhance choice and competition in the market for telephone services. His name was Reed E. Hundt. And his telephone policy agenda was as bad as Martin’s cable policy agenda. Continue reading →

Telecom Collapse

by on December 4, 2008 · 19 comments

Hawaiian Telcom has entered Chapter 11 bankruptcy (see this and this), FairPoint Communication’s CFO is under siege as the company looks for a new CEO and Qwest Communications is cutting another 1,200 jobs as it tells investors not to worry about massive debt repayment deadlines.

Times are tough for a lot of people, of course.

However, phone companies have a special problem:  Basic phone service is not profitable.  Regulators have matched prices with costs; and they have defined costs narrowly, so as to shift  some costs, for accounting purposes, to services which are profitable.

As a result, basic phone service has to be subsidized by overpriced calling features such as voice mail, Caller ID, etc.; Internet access; video or wireless offerings.

That doesn’t work anymore.  People can cut the cord and make do with a wireless phone or VoIP service from their cable provider.  In the case of Hawaiian Telcom, which was recently purchased from Verizon by a private equity firm,

Customers initially had complained about poor service. They have steadily abandoned their traditional land lines for other alternatives, like wireless phones and digital phone service offered by the cable company, a trend that is being experienced nationwide.

Hawaiian Telcom, which employs about 1,400 workers, served about 524,000 residential and business phone lines at the end of September, down about 21 percent from the 660,000 lines when Carlyle purchased the company in 2005.

Hawaiian Telcom, FairPoint and Qwest have all been trying to make it as land-line companies while expanding their Internet access and video offerings as fast as they can with borrowed money.

AT&T and Verizon, on the other hand, benefit from considerable wireless revenues which make those companies profitable — to a point — despite declining land-line revenues.

If we want phone companies to invest in broadband, we have to understand that current regulation will require them to use their broadband profits to subsidize basic phone service.  That may give their investors and their lenders pause.  The lenders and investors could, for example, instead fund cable network upgrades with no diversion of profits.

Or if we want to decrease wireless phone prices — such as eliminating Early Termination Fees — we have to understand that wireless subsidizes basic land-line service.

We could just let the taxpayers subsidize broadband so it can subsidize basic phone service.  Or we could free the phone companies to configure and price their basic phone service more efficiently, let them build broadband networks which can compete with the cable companies or anyone else and free taxpayers to rescue someone else.

Regulating Morality

by on December 3, 2008 · 8 comments

Outgoing Federal Communications Commission Chairman Kevin Martin is pushing for action in December on a plan to offer free, pornography-free wireless Internet service to all Americans, despite objections from the wireless industry and some consumer groups.

according to the Wall Street Journal.

I wonder who is going to decide what is pornography?

And does this mean drug abuse, domestic violence, gambling addiction, infidelity, negligent or reckless parenting, over-spending, etc. are okay?

The conventional Beltway wisdom would be that net neutrality legislation should have a real chance now with the election of President-Elect Barack Obama and strengthened Democratic majorities in the Senate and House.

But there are two recent developments which make the case for net neutrality regulation less compelling.

Free Airwaves

The Federal Communications Commission approved the use of unlicensed wireless devices to operate in broadcast television spectrum on a secondary basis at locations where that spectrum is open, i.e., the television “white spaces.” In other words, a vast amount of spectrum will soon be available to provide broadband data and other services, and the spectrum will be free.

George Mason University Professor Thomas W. Hazlett notes that

[S]ome 250 million mobile subscribers in the US paid about $140 billion to make 2 trillion minutes’ worth of phone calls in 2007, accessing just 190MHz of radio spectrum. The digital TV band, in contrast, is allocated some 294MHz—and it’s more productive bandwidth. Tapping into this mother lode would unleash powerful waves of rivalry and innovation.

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