Thursday, August 25, 2005

 

Broadband Leadership: it's up to the FCC now

Tim Wu points out that the Brand X decision puts the broadband leadership ball squarely in the FCC's court. He says,
The upshot of [the Brand X] decision is that the [Supreme C]ourt has given the FCC the authority, whether or not it was what Congress intended, to try to get the United States out of its embarrassing broadband slump. Whether the FCC manages to succeed is another question altogether.
Really. Now both cable and DSL are deregulated, as is fiber to the home. Network unbundling rules, which required the ILECs to cooperate with competitors (hence were unworkable or required jackboot enforcement), have been weakened or eliminated. The incumbents have a much less uncertain investment climate. What more does the FCC want? (Or the telcos and cablecos, for that matter?) It should be full speed ahead.
I am willing to be convinced by the data. Tom Sugrue (T-mobile's VP Govt Affairs) puts two important stakes in the ground when he says,
“If we come back here [to Aspen] next summer and the auction [of the advanced wireless services spectrum] has taken place, and there’s a DTV transition hard date, I’ll give [the Bush Administration] an A-plus."

I'd add at least one more big thing: If the 2006 ITU statistics show that U.S. broadband penetration has started to climb, that is, if the U.S. ranks above 16th.

Then I'd like to see non-discriminatory network access and usage codified as law and regulation -- an innovator's bill of rights.

BIG UPDATE: Dave Burstein's DSL Prime today (8/25) says that broadband adds for 2005Q2 are down 33%. Meanwhile, European BB growth is accelerating. Martin and Gallagher needs to pedal harder to meet Bushco2007!

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Comments:
Show me where in the SC opinion, they gave the FCC any authority above and beyond the scope of the Telco Act?
 
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