Mom & Pop vs Corporate Broadcasters and the FCC

The FRC (Federal Radio Commission) was established at a time when the threat of chaotic arrays of RF transmissions were so numerous and unpredictable that radio communications of any useful nature became nearly impossible.

As technology advanced, it was decided that communication was a larger issue than radio alone, so the FRC grew into what is now the FCC (Federal Communications Commission) and encompassed a wider swath of media and telecommunications, including copper, fiber and satellite transmission of data in the form of text, photos, audio and full motion video.

The basic principle behind the right of the government to regulate communications was predicated on the fact that it utilized public airspace and cross-properties, borders and rights-of-ways and therefore intruded upon that which is owned by the people. In cities, the concept is franchise oversight (the cable local franchise, for instance, is a monopoly that is regulated by the city because it imposes on and along many properties).

Essentially, if you use public air and land to transmit your traffic, you must serve that public responsibly and be good corporate citizens.

The rules and regulation kept communications companies appropriately scared into compliance by threat of fines and jail. And so most companies did comply, as they were often locally owned and operated and embraced the popular image of servitude to its fellow citizens.

But as companies grow and become more successful, they feel the rules are too restrictive and don’t allow fair expansion. And as they get even bigger, they become better and better at influencing government leadership and employ lobbyists to bang on Washington doors in an effort to loosen rules so they can make more money and command more market share.

In each expansion proposal, lobbies and CEOs articulate before congressional committees how these "improvements" will "encourage competition" and "enhance the quality" of the products offered to the people, thereby performing a great service to its citizenry.

But people this powerful tend to exert mafia-like thug tactics to improve their own situation or standing. So they get more powerful and the little people try to push back -- mostly unsuccessfully.

I do think there will be a day when local control of media returns home and ownership will again be responsive to the needs of the community. But for now, I'm too busy staying current with media trends and enjoying the vast resources at my disposal -- not to mention the fact that my paychecks never bounce.

Armchair Law Professor

Every once in a while, I get what I think is an epiphany, often inspired by something I see or read. You might think these thoughts are exhibitions of my ignorance, but I believe there's something to them, so I share.

Perhaps I should call these entries "Bishop's Charter" additions, or "How the Law Ought to Be Written".

CASELAW:
No court shall decide, nor pontificate in its decision, with respect to case law or precedent, but on the sole merits of the case before it, and applying its own reasonable and thoughtful interpretation of pertinent laws and the Constitution of the United States, or errors thereof, notwithstanding spirit and intent of applicable law. However, on appeal, a court may consider error or misinterpretation of the law by the lower court, as well as new evidence that is shown to be previously and wrongly suppressed.

As always, I welcome thoughtful criticism.

No Gphone

Android is not Gphone, but a software platform by Google that may facilitate other phone makers and carriers to bring a phone to the masses using the newly allocated frequency spectrum. Google wants to be able to use some of the newly available spectrum the FCC opened up, but it's not clear what exactly they'll do with it.

In any event, Android will use the G3 network, and Open source platform that will facilitate free development of widgets, clocks, stock tickers, maps and whatnot -- which is an aside from iPhone's development kit because Apple will reserve veto rights to any app it doesn't like.

BREAKING: Armed robbery hoax

It's apparently a hoax, but several McDonald's restaurants have received phone calls warning of impending armed robberies using machine guns. The stores phoned earlier today include those located in Ames, Boone, Des Moines and Marshalltown, all in Iowa. Des Moines police are the latest to respond to calls.

CC weighs in on satellite radio merger

Sirius and XM Satellite Radio have been working on a merger, which has the attention of terrestrial broadcasters like Clear Channel Radio, who is aggressively marketing digital radio (HD Radio), which places hybrid digital layers over regular AM & FM frequencies.

In an FCC filing, Clear Channel suggests a few concessions should the merger be permitted, so that competition between local broadcasters and satcasters can be preserved:

The satcaster should set aside portions of its channels over-the-air and public interest programming; subscribe to decency rules; not broadcast local content; not receive monies from local advertising; and that it build-in HD Radio receivers to each of its units so subscribers are provided a choice between subscription-based and free, over-the-air programming.

Without these concessions, the merged companies would have an unfair, dominant market position and could conceivably strike exclusive deals with car makers and effectively shut out free, over-the-air radio.

Spam King Pleads

The prosecution called Robert Alan Soloway the Spam King, alleging he's responsible for sending millions of spam messages and generating hundreds of thosands of dollars in profit since 2003. Soloway pleaded guilty Friday to three of the 40 counts that he was indicted on, with the remaining charges dropped.

Indy bands embrace giveaways

The two latest bands to offer their new albums online for free are advancing divergent versions of the business model Radiohead introduced in fall 2007.

Where Nine Inch Nails' approach, like Radiohead's before it, draws fans in with free music and then offers additional music for purchase in more extravagant configurations, the Charlatans UK release doesn't seem connected to any such game plan.

RIAA May Face Racketeering Charges

A racketeering lawsuit against the Recording Industry Association of America was revived Friday, a month after a federal judge dismissed the case seeking to represent those falsely sued for copyright infringement by the record labels.

The lawsuit, filed in Oregon U.S. District Court on behalf of an Oregon woman who was wrongly accused of pilfering music via the Kazaa file-sharing network, seeks to represent thousands of people the woman's attorneys claim have been wrongly targeted by the record labels' lobbying organization.

The suit (.pdf) claims that the RIAA and MediaSentry -- the RIAA's private investigative arm that discovers file sharing by looking into peer-to-peer users' public files -- "conspired to develop a massive threat and sham litigation enterprise targeting private citizens across the United States."

Obama in 30 Seconds

Celebrity judges will decide the winner of a video contest sponsored by MoveOn.org and aimed at boosting Obama's chances at gaining the White House. The resulting featurette will be aired nationally.

Actors Matt Damon and Ben Affleck are among the deciders, as well as musicians John Legend and Eddie Vedder.

Change is in the air

Change beats experience and the two Democratc contenders beat the sole Republican Presidential candidate. This, according to an ABC News/Washington Post poll. It says Obama's lead over McCain is bigger than Clinton's, thus far. Even among independents, change wins over strength by a 9-point margin (47-to-38).

Wireless providers balk at backup power requirements

Sprint Nextel Corp and the cell phone industry as a whole is fighting FCC requirements to provide at least 8 hours backup power at all its cell sites, a move that would ensure reliable emergency communications when it's needed most -- which was not the case in the aftermath of Hurricane Katrina.

Sprint Nextel Corp says the requirement would lead to "staggering and irreparable harm" and present a huge economic and bureaucratic burden for the company -- and that costs couldn't be recouped through legal action or passed on to consumers.

I did some math. An AP article states there are 210,000 cell sites in the country and upgrades would cost up to $15,000 per site. Assuming there are 100 million cell accounts, then the total upgrade cost would be $3.2 billion or $31.50 per customer. That amounts to only about $2.63 per month per account for the first year, and significantly less thereafter. Hardly "staggering and irreparable harm".