<![CDATA[Gawker: valleywag, fcc]]> http://tags.gawker.com/assets/base/img/thumbs140x140/gawker.com.png <![CDATA[Gawker: valleywag, fcc]]> http://gawker.com/tag/valleywag/fcc http://gawker.com/tag/valleywag/fcc <![CDATA[The Internet Faces Frightening, Market Driven Future (But Shouldn't)]]> Happy Birthday, Internet! This September marks the 40th anniversary of our virtual god, and, as happens with the marching of time, it faces some changes. The scope and impact of those potential changes remains to be seen, but they're scary!

Perhaps you've heard the President talk about "net neutrality." That's the idea that the Internet should continue in on its merry way: people can go to the sites they like, do what they want and their web providers will allow them to do so. It's really quite utopian. Well, that practice could come to an end if evil telecommunications giants have their way.

The National Cable and Telecommunications Assn. and its ilk think that providers should reserve the right to pick-and-choose which sites get preferential treatment on their bandwidth. More than that, they're toying with the idea of increasing rates for video sites, meaning those of you who watch movies or television on your computer could pay more than people who use it simply for news and the such. According to the association, this is simply how the market works. And does it ever!

The current marketplace is working well to bring consumers the services and features they want at prices they can afford. Lawmakers should be very reluctant to replace that flexible, market-driven success story with a system of intrusive regulation.

Though the Obama administration insists it will fight for net neutrality, it may be in for quite the fight. Telecommunications companies give millions to lawmakers — Comcast employees and its PAC, which is fighting against net neutrality, spent $2.9 million in the political realm during the 2008 election and has already given about $700,000 since then — and, as we all know, lawmakers aren't immune to hefty checks. (It's worth noting that the FCC slapped Comcast's wrist last year, when the company put up barriers to block or slow down file-sharing services.)

Luckily for all of us, new FCC head Julius Genachowski vowed to back Obama and company, saying:

One thing I would say so that there is no confusion out there is that this FCC will support net neutrality and will enforce any violation of net neutrality principles.

This would please the New York Times, whose editorial team demanded this weekend that the President keep the Internet open and free.

The issue isn't simply about money — making it and spending it — but about which sites load faster or are more accessible. If, for example, one Internet provider prefers NBC News, that means CBS readers will be shit out of luck. And, if that's the case, we'll be one step closer to this "destroyed democracy" thing Glenn Beck and others keep barking about.

As much as some would like to believe it, the free market's not our democracy's defining characteristic. Nor should it be. And if there's one place to prove that, it's here, on the wild, wild Internet. Regardless of what happens, it's clear that the Internet won't be what it once was — and that makes us sad.

Image via aLii's flickr.

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=5349150&view=rss&microfeed=true
<![CDATA[Does Eric Schmidt hate show tunes?]]> The FCC is having its own vote today, on whether or not to allow future wireless gadgets to operate in parts of the radio spectrum already in use by wireless microphones. Google is all for the new spectrum-sharing policy. Professional musicians and their audio engineers are dead set against it.

In theory, smartphones will detect when a wireless mic is in use in the area, and not interfere with it. In practice, who are they kidding? New York City's Broadway League is campaigning to keep that part of the radio spectrum free for roughly 450 wireless microphones used in Manhattan's theater district. Out here, I'll be furious if Journey's next show at Shoreline is ruined when 853 Google employees check their mail during "Wheel in the Sky." (Photo by Getty Images/Justin Sullivan)

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=5076095&view=rss&microfeed=true
<![CDATA[WagCurious]]> Google's world-domination plans involve airwaves where neither television nor wireless devices play. This issue is so important that Larry Page personally went to Washington to complain to the FCC. Today's featured commenter, WagCurious, weighs in with some field knowledge. Stick around and learn something:

Where to even begin. First off, the concept of frequency "hopping" is total flawed. When the CDPD protocol tried to ride the airwaves in the analog cellular days by hopping it turned out that LOTS OF PEOPLE LIKE CELLPHONES, and so there were insufficient "blank spaces" to hop from and to. So that brilliant, frequency hopping technology ended up taking a dedicated cellular frequency to run. The same problem is going to plague Larry's smoke-and-mirrors technology.

He is trying to get something for free here, use of EXTREMELY VALUABLE frequencies, by claiming that he will hop out of the way of the current users of these frequencies. Then when they test his product in a stadium full of current frequency users, he can't hop out of their way. Then he goes crying to the government that the test was not fair. Boo hoo, I'm rich and I want to get something for free, boo hoo.

His product, at scale, will directly interfere with the current users of those frequencies. There is no way around it. When you are at 100% capacity where do you hop to? The hopping promise is the kind of BS that hardware vendors have to push in order to get their product out into the market, and the FCC knows it is a false promise. When all those new products are jamming the airwaves and an existing user turns on his device what do you think is going to happen?

Just pray your kid's vitals are not being remotely monitored at Lucile Packard Children's Hospital with the old tech when a few hundred feet away on Sand Hill Road some VC turns on his Android phone to show his secretary. But then again, maybe the nurses will notice your kid's blue complexion in time. So sure Larry, go ahead and roll out that product that can't even pass a controlled test. Why not?

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=5055533&view=rss&microfeed=true
<![CDATA[Larry Page calls FCC wireless tests "rigged"]]> Google cofounder Larry Page brought his shaggy, salt-and-pepper mop to the Dirksen office building in Washington, D.C. to complain to federal regulators about television broadcasters. Google wants access to the dead air between television stations for wireless devices like the new G1 phone from T-Mobile running Google's Android operating system. But an odd alliance of broadcasters and wireless microphone manufacturers oppose opening up the "white spaces" due to concerns over radio frequency interference. Referring to FCC tests held at FedEx Field, home of the Washington Redskins, Page declared:

The test was rigged deliberately. That's the kind of thing we've been up against here, and I find it despicable.

Google explained that the wireless microphone frequency was hidden behind broadcast television signals. When asked if Page felt the FCC aided in the subterfuge, Page demurred, blaming broadcasters instead. A spokesperson for microphone manufacturer Shure, Mark Brunner, shot down the accusation, "These tests were open to the public, and those who choose to discount the results — which have not yet been published — had every option to be present and to witness them for themselves." Just remember, Larry: It's not paranoia if they really are out to get you. (Photo by AP/Paul Sakuma)

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=5055225&view=rss&microfeed=true
<![CDATA[Phone companies can now care even less]]> The Federal Communications Commission will probably approve AT&T's request to stop filing annual reports on customer satisfaction and service quality. AT&T's angle actually makes sense: Most of the giant telco's modern competitors — cellular and Internet phone companies — don't have to file the data. The FCC is expected to cancel the reports entirely rather than require everyone to file. The Commission's charts show that customer complaints doubled from 2004 to 2006, but that doesn't take into account the ease of griping online in recent years.

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=5045501&view=rss&microfeed=true
<![CDATA[Comcast backs away from 20-minute delay]]> A Comcast spokesman contacted an IDG reporter whose report bubbled up to the New York Times today: "Comcast has made no final decisions on how to manage network congestion, despite news reports Wednesday that it will slow traffic for heavy users for up to 20 minutes during times of peak network use." More likely, said the spokesman, the heaviest network traffic users will be slowed for a minute or two at a time whenever parts of Comcast's network get congested. Comcast has been forbidden by the FCC from blocking applications such as BitTorrent outright. But stupid quote of the day comes from the guy at Public Knowledge: "If there was competition, could you slow down your best customers?" No, you could charge them more. (Chart by the Max Planck Institute for Software Systems)

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=5040160&view=rss&microfeed=true
<![CDATA[FCC's free broadband plan — the 100-word version]]> USA Today, the smart paper that plays dumb, has a remarkably clear summary of FCC chairman Kevin Martin's plan for free broadband access — and its opposition by T-Mobile, the company that bought the wireless spectrum next door to the frequencies Martin wants to use. Here, let me make it even snappier:

High-speed Internet access is so important to the welfare of U.S. consumers that America can't afford not to offer it — free of charge — to anybody who wants it, Federal Communications Commission Chairman Kevin Martin says. Martin would like to use an old $6 billion federal subsidy for land lines to subsidize broadband instead. Only 38% of rural households are broadband customers, and only 25% of households with incomes less than $20,000. A chunk of wireless airwaves known as AWS-3 (Advanced Wireless Services) is due to be auctioned to carriers next year. Martin wants to attach a requirement to reserve 25% of AWS-3 network capacity for free broadband.

T-Mobile paid $4 billion two years ago to buy AWS-1 spectrum, which abuts AWS-3. T-Mobile's chief technical officer says wireless broadband for rural customers in the AWS-3 spectrum would interfere with paying T-Mobile customers. Martin says FCC engineers are studying the interference issue.

Not in USAT's report: Martin wants to content-filter the free stuff. (Photo by AP/Jeff Roberson)

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=5039441&view=rss&microfeed=true
<![CDATA[HTC Dream Gets the FCC Stamp of Approval]]> For those of you keeping score at home, HTC's Dream, due to hit T-Mobile in October as the first Android phone, just got tapped by the FCC's rubber stamp. Unfortunately there aren't any of those h-o-t product shots that the FCC is usually known for to give us a better look at the device, just a lot of black and white. But it does confirm the Dream moniker, that it's got a jog ball, Wi-Fi and it's running on the 850/1700/1900MHz bands. Very exciting! [FCC via Engadget]

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=5038201&view=rss&microfeed=true
<![CDATA[How the FCC killed BitTorrent's promising business]]> When Comcast was caught blocking file sharing on its network, the Federal Communications Commission seemed to strike a blow in favor of peer-to-peer startups everywhere by fining the cable company. Observers assumed that the FCC decision would open the field for file sharing to turn into a legitimate business. But for BitTorrent Inc., a San Francisco startup seeking to commercialize the BitTorrent file-sharing protocol, the move against Comcast led to layoffs instead. The ruling may ultimately prove fatal to the company.

The problem for Comcast and other Internet service providers is that they can no longer block file-sharing traffic from their networks. And yet file-sharing usage is consuming more and more bandwidth, which they must pay for. Broadband providers are businesses, not charities. So they are increasingly considering charging their users by the bit for bandwidth over a certain level. Most users won't be affected, but file-sharing downloaders will be.

The prospect of pay-by-the-bit bandwidth had immediate consequences for BitTorrent's two main businesses: an online-media store delivered via file sharing, and a content-delivery network which competed with the likes of Akamai and Limelight Networks.

For users who would have to pay bandwidth fees to their ISPs on top of paying the usual charges, BitTorrent's Torrent Entertainment Network store would soon look uncompetitive with the likes of Apple's iTunes Store and Microsoft's Xbox Marketplace — which prompted Best Buy to back out of talks to acquire TEN for $15 million.

As for BitTorrent's content-delivery network, it was premised on the notion that BitTorrent would negotiate with ISPs to get privileged delivery for their file-sharing packets, while Comcast blocked others. With the FCC forcing Comcast to treat all file-sharing traffic equally, the promise of that business evaporated.

Which leaves BitTorrent with not much of a business. As the first Napster showed, peer-to-peer file sharing is easy to make popular — and surpassingly hard to make profitable. BitTorrent may have improved on Napster's technology. But it never solved the fundamental business problem.

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=5033908&view=rss&microfeed=true
<![CDATA[Debate over FCC's regulatory role heats up ahead of Friday vote on Comcast]]> On Friday, the five commissioners of the FCC are set to vote on whether Comcast should be punished for interfering with traffic over its network. Comcast won't have to worry about fines — at worst, the Internet service provider will only have to agree to stop the specific practice of blocking peer-to-peer BitTorrent traffic and disclosing to customers what network management it practices, which the the company already does. So why should you care?

What's important is that if the vote passes, it will set a precedent that strengthens the FCC's claim on jurisdiction over regulating the Internet by giving some teeth to the agency's Internet Policy Statement from 2005. Republican chairman Kevin Martin can count on majority, thanks to the support of the two Democrats on the commission, and the motion is expected to pass.

But not unanimously, as Republican commissioner Robert McDowell doesn't approve. He penned a dissenting opinion piece in the Washington Post arguing for the preservation of the laissez faire status quo for ISPs: "If we choose regulation over collaboration, we will be setting a precedent by thrusting politicians and bureaucrats into engineering decisions." (Photo by AP/Stephan Savoia)

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=5030205&view=rss&microfeed=true
<![CDATA[FCC chairman wants to give Comcast a good spanking]]> Comcast could be subject to an "enforcement action" if the regulators at the FCC vote on August 1st to approve chairman Kevin Martin's proposed punishment for improper network management policies by the Internet service provider. Meanwhile, the boastful buccaneers at The Pirate Bay want to develop universal network traffic encryption meant to make the entire Internet a samizdat free from government and telco prying eyes. [AP] (Photo by AP/Jeff Roberson)

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=5024194&view=rss&microfeed=true
<![CDATA[FCC to provide special porn-free Internet]]> There's one fussy detail in the FCC's new plan to give The People free broadband: no porn allowed. Chair Kevin Martin's proposal will require the winning service provider to implement content filters "to protect children," as reported by Ars Technica. Startup M2Z Network once offered the FCC a similar deal, promising to give 95 percent of Americans free broadband with compulsory filters set to "block access to sites purveying pornographic, obscene or indecent material." As defined by? Even if the feds can keep the children from seeing anything unclean, a Pump Up the Volume-style showdown between the FCC and the Happy Harry Hard-On of tomorrow can't be far behind.

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=393460&view=rss&microfeed=true
<![CDATA[Mr. Page goes to Washington, demanding bandwidth]]> delicious_larryos_brand_breakfast_cereal.jpg"If we have 10 percent better connectivity in the U.S., we get 10 percent more revenue in the U.S.," Google cofounder Larry Page told the FCC. He argued in short, that what's good for Google is good for America, speaking in favor of opening unlicensed spectrum known as "white spaces" between television broadcast frequencies. The National Association of Broadcasters and major sports leagues are opposed to the measure, with the NAB citing the FCC's failed tests of equipment made by Microsoft in 2007.

Google's wireless dreams have been thwarted at every turn, from the botched Wi-Fi effort with Earthlink to Verizon reneging on open-access provisions after the spectrum auction. I doubt Page's blatant desire to line his own pockets will win the FCC over. Perhaps he should refine his pitch and mention the possibility of 10 percent more campaign donations. (Photo by Danny Sullivan)

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=393041&view=rss&microfeed=true
<![CDATA[Comcast lies to FCC about blocking file-sharing]]> Cable copmany Comcast assured the FCC that the company's "network management" practices that involved blocking file-sharing traffic only affected heavy users during peak hours. However, tests found that the Internet service provider blocks such traffic for a majority of users all day, every day, as does fellow ISP Cox. [Torrentfreak]

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=391249&view=rss&microfeed=true
<![CDATA[Spectrum winner Verizon not concerned with letter of the law adherence to Google's "open rules"]]> CancelYourIPhone.jpgThe members of Google's team for its multibillion-dollar wireless-spectrum bid worked themselves to exhaustion and sickness. That was all in an effort to force the contest's eventual winner to abide by "open access" rules Google convinced the FCC to adopt last summer for its 700-Mhz spectrum sale. The auction winner, Verizon, seems to have little concern for Google's mobile whimsy. It plans to launch and heavily market "crippled, walled garden phones with no VoIP, Verizon content, highly restricted [terms of service], [and] high priced SMS," according to Broadband Reports.

In recognition of the rules, Verizon will also make available much-more expensive devices that abide by Google's "open access" rules, but the company doesn't plan to market them. Upset, petition-filing Google lawyers say "Verizon's position would completely reverse the meaning of the rule." (Photo by mtcool1988)

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=387328&view=rss&microfeed=true
<![CDATA[Comcast, telcos ritually abused at FCC hearings in Palo Alto]]> Young San Jose resident Alex Polvi presented the least informed, but probably most typical argument for net neutrality in his public comment featured in this video clip from the rescheduled network neutrality hearings hosted by the FCC at Stanford today. But hey, even if he said "Internet" more than a dozen times, he didn't say "marketplace of ideas" or "fascism," like many of the other commenters. The people who should be most worried about the complex debate aren't free speech advocates or corporations, however, but big pharma. Listening to arguments for and against were a more powerful soporific than Ambien. Highlights from the seven hour session after the jump.



Readers voted that I should attend the hearings as a Comcast representative. In true Comcast spirit, I stayed home, just like the telcos, and watched it online at VON TV. (Besides, I don't have an appropriately ugly suit to play the role.) Only one actual network provider showed up — Lariat.net CEO Brett Glass from Laramie, Wyoming — but the anti-regulation argument was still well-represented on the panels, if not in the audience.

The main arguments against government regulation basically amounted to the typical accusation that regulation will restrain free market competition; if network operators aren't allowed to manage traffic and content, that will prevent them from policing the Internet for child pornography and copyright infringement; and that ten percent of users are using 75 percent of available bandwidth — presumably to trade child pornography and infringe on copyrights using file sharing protocols.

The man of the hour, Stanford law professor Lawrence Lessig, gave one of his typical speeches accompanied by slides. He turned the free market arguments against the telcos, paraphrasing Adam Smith in observing that producers rarely meet but the conversation ends in a conspiracy against the public. But the most interesting perspective in favor of network neutrality came from the Christian Coalition's Michele Combs. She argued that the cable companies would be happy to let the porn industry pay for access to consumers, whereas "grassroots" organizations like her own would be silenced.

Of the public commenters, none came to the defense of ISPs. Most brought up free speech issues. An impassioned "Tiny" Lisa Gray Garcia from Poor Magazine brought up the issue of the digital divide and how a tilted Web playing field could potentially restrict access to Internet adoption among communities, such as immigrants, who are just starting to get online and access media. No wonder Comcast didn't show up — public opinion was stacked against them. Thankfully, they don't have to worry about the average American truly understanding the issues, and game knee-jerk politics to their advantage if necessary.

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=381244&view=rss&microfeed=true
<![CDATA[Comcast chickens out of FCC hearings at Stanford]]> comcast_brian_roberts_dr_evil.jpgSuperlawyer Lawrence Lessig won't have Comcast to kick around at the FCC hearing on network neutrality — the principle that broadband providers can't discriminate against certain kinds of Internet traffic — being held at Stanford tomorrow. The event was only scheduled after Comcast paid chumps to fill chairs at an earlier hearing at Harvard in an obvious effort to squelch debate. With Comcast working with BitTorrent and just today joining with legal file-sharing startup Pando to work on a "bill of rights" for file sharers and ISPs, the company is trying to make voluntary moves in an effort to stave off involuntary regulation. I was planning on attending, if only because it promised to be an entertaining nerdfight — now, I'm not so sure. Since public hearings are supposedly democracy in action, you tell me if I should bother buying a Caltrain ticket.

Gawker Media polls require Javascript; if you're viewing this in an RSS reader, click through to view in your Javascript-enabled web browser.

(Illustration by Victor Agreda, Jr.)

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=380644&view=rss&microfeed=true
<![CDATA[Sandvine reports $7 million first quarter loss]]> Canadian network equipment manufacturer Sandvine reported a $7 million loss for the quarter ending February 29th, the first "disappointing" quarter in the company's history according to CEO Dave Caputo. The company makes network management equipment such as the deep packet sniffers Comcast was accused of using to throttle file sharing protocols such as BitTorrent. Caputo assured investors that the debate over ISP traffic management and network neutrality is "cooling somewhat." I'm not so sure — I'm expecting the rescheduled public hearings on Comcast's traffic management policies at Stanford next Thursday to be rather charged. Sandvine's stock is trading at a quarter of it's one year high.

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=378824&view=rss&microfeed=true
<![CDATA[Bell Canada's peer-to-peer throttling mess]]> bellCanada.gifBell Canada, the largest Internet service provider for our neighbors to the north, has admitted to using "deep packet sniffers" [Ed's note: Sounds intriguing, am assigning Melissa to look into these people] to throttle peer-to-peer protocol transfers such as BitTorrent downloads. Executives there obviously hadn't spoken to peers at national broadcaster CBC, which recently started legitimately distributing shows via P2P, as has American network NBC and musicians like Trent Reznor of Nine Inch Nails. The company also throttled traffic from ISPs that buy bandwidth wholesale from the company. Net neutrality groups are lobbying Canadian officials to regulate Bell Canada into submission. But Minister of Industry Jim Prentice is opposed to any further regulation, and the Conservative Party-led government has been in favor or easing current regulations on telcos. Meanwhile, here in the states, Comcast has cozied up to BitTorrent and the FCC has proven more amenable to arguments in favor of net neutrality.

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=376243&view=rss&microfeed=true
<![CDATA[Google's wireless-spectrum team begged board to stay in auction]]> Google's public stance: Shucks, it never wanted to win the FCC's airwaves auction. The company just wanted to bid the auction's reserve and thereby force the winner into opening the spectrum, Google lobbyist Richard Whitt told the New York Times. The plan almost failed.

As Google's auction team — led by product manager Larry Alder — ratcheted up its billion-dollar bids to meet the reserve price, the competition stayed away. Top Google executives and the board suddenly decided to become concerned. Alder and his team were pulled into a board meeting and asked to explain again why Google was bidding against itself for spectrum it didn't want to own. "There were definitely some people at the company that had cold feet," Adler told the Times. "People had to be convinced that it was the right business decision." No wonder people on his team were getting sick.

]]>
http://gawker.com/index.php?op=postcommentfeed&postId=376130&view=rss&microfeed=true