A few years ago there was a popular book entitled All I Really Need to Know I Learned in Kindergarten. Watching the FCC’s reaction to losing the Comcast case, we’re beginning to wonder if maybe some higher-ups at the FCC weren’t paying attention in Kindergarten.
Don’t Throw a Tantrum
Perhaps you remember the days when being told “no” was really hard to handle. Sooner or later, for the most part, people learn that being told “no” is simply part of life and that “no” is far from the worst thing that can happen, and is actually often the catalyst to other opportunity.
Some, however, do not learn to handle “no” well. The FCC, when told it had little statutory authority over broadband, instead of focusing on the many areas where it does have authority, threw a tantrum and is now determined to impose itself on broadband by reversing previous FCC decisions, policies, and court decisions. It doesn’t matter how much it costs and how much time it takes away from other pressing matters, the FCC is going to get it’s way. Someone doesn’t know how to handle “no” very well.
Always Tell the Truth
The tale being told by the Commission is that the broadband communications marketplace, including wireless, is somehow a failure. But as we have many times pointed out to the FCC, all market analysis defies this assertion. The Internet has been in robust growth mode and now has reached a true mark of success -- high-speed broadband access for 95% of U.S. consumers.
Moreover, in his recent rhetoric, FCC Chairman Genakowski is turning history on its head, asserting that somehow previous to the court’s decision in Comcast, the FCC had authority over broadband, but now that the court has disagreed, the court has somehow caused a crisis that can only be solved through new FCC authority.
This simply isn’t true. By asserting authority it didn’t possess and assessing fines it had no authority to assess, it’s the FCC that caused the problem, not the courts. When courts tell you that you have done wrong, the courts aren’t causing a problem -- they’re identifying a problem that YOU caused.
Don’t Be a Bully
Coincidentally, the FCC also has before it for consideration Comcast’s purchase of NBC-Universal. It’s unfortunately become commonplace in merger reviews for regulatory agencies to set policy by fiat while they’re holding companies hostage through the merger review. Will a grudge-holding FCC try to bully Comcast into accepting terms related to network neutrality or to accept the FCC’s authority over its broadband networks? We’ll be watching.