Wireless & Spectrum Policy

At the last possible moment before the Christmas holiday, the FCC published its Report and Order on “Preserving the Open Internet,” capping off years of largely content-free “debate” on the subject of whether or not the agency needed to step in to save the Internet.

In the end, only FCC Chairman Julius Genachowski fully supported the final solution.  His two Democratic colleagues concurred in the vote (one approved in part and concurred in part), and issued separate opinions indicating their belief that stronger measures and a sounder legal foundation were required to withstand likely court challenges.  The two Republican Commissioners vigorously dissented, which is not the norm in this kind of regulatory action.  Independent regulatory agencies, like the U.S. Courts of Appeal, strive for and generally achieve consensus in their decisions. Continue reading →

Richard Bennett brought to my attention the release of the latest CTIA Semi-Annual Wireless Industry Survey. Lots of interesting facts worth examining.  I took two of the charts that appeared in the report and mashed them up to created this chart for the Mercatus Center depicting what has been happening with prices and investment in this sector.  Down below, I note why this is important.

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Late last night, FCC Chairman Julius Genachowski made explicit what he’d been hinting for weeks–that he was going to call for a vote in December on the agency’s long-running net neutrality proceedings.

Today, the Chairman gave a speech outlining a new version of the rules he has circulated to fellow Commissioners, which will be voted on on Dec. 21, 2010..

The new order itself has not yet been made public, however, and the Chairman’s comments didn’t give much in the way of details.  The latest version appears to reflect the proposed legislation circulated before the mid-term recess by then-Commerce chair Henry Waxman.  That version, for those following the ball here, was itself based on the legislative framework proposed by Google and Verizon, which itself emerged from informal negotiations convened over the summer at the FCC. Continue reading →

I published an opinion piece today at CNET, calling on all tech stakeholders in Washington to stop the pointless quibbling and sniping about net neutrality, reclassification, and other side-show issues.  (I’m too depressed to list them here—but see “Fox-Cablevision and the Net Neutrality Hammer” for an example of just how degraded the conversation has become.)

Instead, why not focus on a positive message, one that has the potential for win-win-win-win?  For example, the National Broadband Plan, issued in March, eloquently made the case for a U.S. commitment to universal broadband adoption.  Not as a matter of gee-whiz futurism but in the interest of giving Americans “a better way of life.”

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Jeff Winkler of The Daily Caller was kind enough to call me for comment after seeing some tweets of mine about a new proposal floated by U.S. Transportation Secretary Ray LaHood to potentially mandate cell phone jamming technology be embedded in every car to minimize the risk of distracted driving.  While I am sympathetic to the concerns he and others have raised about the serious dangers associated with distracted driving, LaHood has been continuously upping the ante in terms of proposed regulatory responses to the problem.

Back in October, La Hood suggested that a ban on all cell phone communications in cars might be needed. He argued that even hands-free phone conversations are a “cognitive distraction” and should be prohibited and has also suggested that such a ban should extend to in-vehicle information and entertainment systems such as Ford Motor Co.’s Sync and General Motors Co.’s OnStar system. This means almost every conceivable in-vehicle technology could be regulated under LaHood’s “cognitive distraction” paradigm, including your car stereo and GPS system.  This week LaHood went further and suggested that it may be necessary to also mandate some sort of scrambling technology be embedded in all vehicles to completely block any potential wireless communications or connectivity.

My comments on that proposal appear in Winkler’s piece today, although Winkler notes that LaHood appears now to be backing off the idea.  However, just in case this idea (or the idea of banning all communications devices from cars more generally) pops up again, here’s what I find wrong with LaHood’s approach: Continue reading →

It’s wonderful to see that the FCC is putting spectrum front and center on its agenda. Yesterday it held a spectrum “summit” at which it released several [papers](https://docs.google.com/viewer?url=http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302330A1.pdf) looking at the challenges and opportunities mobile broadband faces, and it was [announced](http://techdailydose.nationaljournal.com/2010/10/spectrum-on-november-fcc-agend.php) that at its November meeting, the chairman will introduce several items related to spectrum reallocation. NTIA is keeping pace, [identifying over 100 MHz](http://techdailydose.nationaljournal.com/2010/10/ntia-identifies-federal-spectr.php) now in federal hands (mostly DoD) to be moved over for commercial use.

The consensus that has led us to this happy time is that there is a spectrum “shortage” or spectrum “crunch,” as many said yesterday. Here’s how Chairman Genachowski [explained it](https://docs.google.com/viewer?url=http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-302331A1.pdf&pli=1):

>The explosive growth in mobile communications is outpacing our ability to keep up. If we don’t act to update our spectrum policies for the 21st century, we’re going to run into a wall—a spectrum crunch—that will stifle American innovation and economic growth and cost us the opportunity to lead the world in mobile communications.

>Spectrum is finite. Demand will soon outpace the supply available for mobile broadband.

Every natural resource is finite, however. So how exactly did we end up with this “spectrum crunch”? Continue reading →

The FCC proposed new rules today aimed at combating wireless “bill shock,” a term that describes mobile subscribers getting hit with overage charges they didn’t anticipate. The proposed rules would require wireless providers to create a system for alerting customers when they are about to incur extra usage charges for voice, text, data, or roaming.

I can certainly see why some consumers may be frustrated with wireless pricing practices. But this frustration hardly constitutes evidence that the mobile marketplace is actually failing. Yes, mobile carriers sometimes make mistakes, and they probably need to do more to ensure their customers understand how overage charges work.

Competitive forces, however, are far better equipped than federal regulators to punish providers that engage in genuinely harmful practices. And if the federal government must “do something” about bill shock, educating mobile subscribers about where to locate and track their usage information is a far better approach than prescriptive, burdensome federal regulation.

Hypocritically, even as the FCC tries to reign in bill shock, its own policies are harming consumers far more than any wireless industry practices. The FCC has again and again put off spectrum auctions that would enable mobile providers to offer better services at lower prices. As a result, consumers are suffering to the tune of billions of dollars each year. Economists Thomas Hazlett and Roberto Munoz published a study last year in which they concluded that U.S. wireless prices would decline by 8% if the FCC were to allocate an additional 60mhz of spectrum to mobile telephony.

If the FCC truly cares about wireless subscribers, rather than simply grandstanding against competitive (if imperfect) mobile carriers, the Commission’s top priority should be to aggressively free up the airwaves.

But analysts at the Competitive Enterprise Institute urged the FCC not to interfere with market disputes and to instead turn its focus to the real obstacle to the wireless marketplace – the FCC’s own anti-consumer approach to spectrum allocation.

“Educating mobile subscribers about where to locate their up-to-date usage information – which all major wireless providers make available – is a far better solution to ‘bill shock’ than prescriptive federal regulation,” argued Ryan Radia, CEI Associate Director of Technology Studies.

Radia pointed out that some consumers’ frustration with current wireless pricing practices is hardly evidence that the mobile marketplace is failing. “To be sure, mobile carriers make occasional mistakes, and they need to work harder to ensure their customers stay well-informed,” Radia said. “But competitive forces are far better equipped than federal regulators to punish providers that engage in genuinely harmful practices or fail to satisfy consumers’ evolving preferences.”

In its efforts to address wireless bill disputes, the FCC purports to represent consumers’ interests; yet, Radia argued, the agency is harming consumers by delaying action to free up radio spectrum — the lifeblood of wireless communications.

“Consumers are suffering to the tune of billions of dollars each year on account of the FCC’s failure to free up radio spectrum for mobile communications,” Radia said. “Economists Thomas Hazlett and Roberto Munoz recently published a study finding that U.S. wireless prices would decline by 8% if the FCC were to allocate an additional 60mhz of spectrum to mobile telephony.”

“If the FCC genuinely cares about wireless subscribers, it should focus on aggressively freeing up the airwaves instead of comparatively trivial issues like bill shock.”

Distracted driving is a serious problem. When you’re flying down the road at speed maneuvering a 2-ton piece of machinery, you need to be paying attention to the road to keep yourself, and others around you, safe.  Distractions of any sort can be dangerous and undercut the driver’s ability to stay focused.  And it’s certainly true that digital devices can be among the biggest distractions. But I think we have to ask some practical questions about just how far law can and should go to minimize that distraction.

I raise this issue because, according to this Bloomberg article yesterday, “U.S. Transportation Secretary Ray LaHood says he believes motorists are distracted by any use of mobile phones while driving, including hands-free calls, as his department begins research that may lead him to push for a ban.”  Sec. LaHood believes that even hands-free phone conversations are a “cognitive distraction” and should be prohibited.  Also, “his concerns extend to vehicle information and entertainment systems such as Ford Motor Co.’s Sync and General Motors Co.’s OnStar,” which means that almost every conceivable in-vehicle technology could be regulated under LaHood’s scheme.

To be clear, I’m not necessarily opposed to laws addressing talking on phones or texting while driving since those actions can have dangerous consequences. But I’ve always preferred a more generic enforcement strategy when it comes to distracted driving laws.  As I noted in my old 2007 essay, “Banning In-Car Technologies Won’t Work,” to the extent law enforcement needs to be brought into the picture it should be done in a technology-agnostic or activity-agnostic fashion. I went on to argue: Continue reading →

My article for CNET News.com this morning analyzes the “leaked” net neutrality bill from Rep. Henry Waxman, chair of the House Energy and Commerce Committee.  I put leaked in quotes because so many sources came up with this document yesterday that its escape from the secrecy of the legislative process hardly seems dramatic.  Reporters with sources inside Waxman’s office, including The Hill and The Washington Post, expect Waxman to introduce the bill sometime this week.

The CNET article goes through the bill in some detail, and I won’t duplicate the analysis here.  It is a relatively short piece of legislation that makes limited changes to Title I of the Communications Act, giving the FCC only the authority it needs to implement “core” regulations that would allow the agency to enforce violations of the open Internet principles. Continue reading →

Americans are increasingly cutting the cord on their phones.   By the most recent estimates, 40 percent Americans  rely primarily on their wireless phone for voice calls, and most of those don’t have a wireline phone at all.

 But don’t count me in that number.   Its not that I wouldn’t like to cut the cord.  It’s that I can’t.   I live in a cellular hole, one of those thousands of places where wireless connections are weak or non-existent.   The reason isn’t geography – I live in a well-developed part of the Washington metro area, not an igloo in Alaska.   Nor is the problem the Federal Communications Commission, though its efforts to regulate wireless may do damage in the future.

 No, the problem is much closer to home – my local zoning authorities.   Wireless carriers, as it turns out, had not forgotten my corner of the world, and have been trying to build a cellular transmission site to erase the dead zone for some time, but have been been stymied by an infinitely elastic approval process. Continue reading →