The U.S. wireless sector has been only mildly regulated over the last decade. We’d argue this is a key reason for its success. But this presumption of mostly unfettered experimentation and dynamism may be changing.

Consider Sprint’s apparent decision to use “roaming” in Oklahoma and Kansas instead of building its own network. Now, roaming is a standard feature of mobile networks worldwide. Company A might not have as much capacity as it would like in some geography, so it pays company B, who does have capacity there, for access. Company A’s customers therefore get wider coverage, and Company B is paid for use of its network.

The problem comes with the FCC’s 2011 “digital roaming” order. Last spring three FCC commissioners decided that private mobile services — which the Communications Act says “shall not . . . be treated as a common carrier” — are a common carrier. Only D.C. lawyers smarter than you and me can figure out how to transfigure “shall not” into “may.” Anyway, the possible effect is to subject mobile data — one of the fastest growing sectors anywhere on earth — to all sorts of forced access mandates and price controls.

We warned here and here that turning competitive broadband infrastructure into a “common carrier” could discourage all players in the market from building more capacity and covering wider geographies. If company A can piggyback on company B’s network at below market rates, why would it build its own expensive network? And if company B’s network capacity is going to company A’s customers, instead of its own customers, do we think company B is likely to build yet more cell sites and purchase more spectrum?

With 37 million iPhones and 15million iPads sold last quarter, we need more spectrum, more cell towers, more capacity. This isn’t the way to get it. And what we are seeing with Sprint’s decision to roam instead of build in Oklahoma and Kansas may be the tip of this anti-investment iceberg.

Last spring when the data roaming order came down we began wondering about a possible “slow walk to a reregulated communications market.” Among other items, we cited net neutrality, possible new price controls for Special Access links to cell sites, and a host of proposed regulations affecting things like behavioral advertising and intellectual property (see, PIPA/SOPA). Since then we’ve seen the government block the AT&T-T-Mobile merger. And the FCC is now holding up its own important push for more wireless spectrum because it wants the right to micromanage who gets what spectrum and how mobile carriers can use it.

Many of these items can be thoughtfully debated. But the number of new encroachments onto the communications sector threatens to slow its growth. Many of these encroachments, moreover, are taking place outside any basic legislative authority. In the digital roaming and net neutrality cases, for example, the FCC appeared clearly to grant itself extra- if not il-legal authority. These new regulations are now being challenged in court.

We need some restraint across the board on these matters. The Internet is too important. We can’t allow a quiet, gradual reregulation of the sector to slow down our chief engine of economic growth.

— Bret Swanson

“One solution is giving back to bank creditors the job of policing bank risk-taking. Roll back deposit insurance, for instance. We may not be able to see the future, but we can incentivize caution as a general matter. And we can improve the odds that, when banks make mistakes, they won’t all make the same mistake at the same time.”

— Holman Jenkins, The Wall Street Journal, January 18, 2011

For the third year in a row, FCC chairman Julius Genachowski used his speech at the Consumer Electronics Show in Las Vegas to push for more wireless spectrum. He wants Congress to pass the incentive auction law that would unleash hundreds of megahertz of spectrum to new and higher uses. Most of Congress agrees: we need lots more wireless capacity and spectrum auctions are a good way to get there.

Genachowski, however, wants overarching control of the new spectrum and, by extension, the mobile broadband ecosystem. The FCC wants the authority to micromanage the newly available radio waves — who can buy it, how much they can buy, how they can use it, what content flows over it, what business models can be employed with it. But this is an arena that is growing wildly fast, where new technologies appear every day, and where experimentation is paramount to see which business models work. Auctions are supposed to be a way to get more spectrum into the marketplace, where lots of companies and entrepreneurs can find the best ways to use it to deliver new communications services. ”Any restrictions” by Congress on the FCC “would be a real mistake,” said Genachowski. In other words, he doesn’t want Congress to restrict his ability to restrict the mobile business. It seems the liberty of regulators to act without restraint is a higher virtue than the liberty of private actors.

At the end of 2011, the FCC and Justice Department vetoed AT&T’s proposed merger with T-Mobile, a deal that would have immediately expanded 3G mobile capacity across the nation and accelerated AT&T’s next generation 4G rollout by several years. That deal was all about a more effective use of spectrum, more cell towers, more capacity to better serve insatiable smart-phone and tablet equipped consumers. Now the FCC is holding hostage the spectrum auction bill with its my-way-or-the-highway approach. And one has to ask: Is the FCC really serious about spectrum, mobile capacity, and a healthy broadband Internet?

— Bret Swanson

“If the Greeks had skimped on the olive oil in a liter bottle, that wouldn’t threaten the metric system.”

— John Cochrane, Bloomberg View, December 21, 2011

For readers interested in either Indiana or investment strategy, see my letter (subscription) to the Indianapolis Business Journal commenting on the new asset allocation and risk management strategies at INPRS, the state’s $25-billion pension fund.

Ken Skarbeck’s column (Nov. 19) addressed a new strategy the Indiana Public Retirement System is using to diversify its portfolio. The new strategy, known as risk parity, has been around for over 20 years and will eventually compose 10% of INPRS assets.

Since the financial crisis of 2008, INPRS has dedicated significant time and resources to improve its risk management infrastructure. The decision to move a portion of the assets into risk parity – which seeks to diversify risk, rather than merely diversify asset classes – is one direct outcome of the new risk management program.

Risk parity attempts to balance risk across equities, bonds, commodities, and inflation-linked bonds. It recognizes the distinct performance characteristics of these assets during periods of robust or slow growth, for instance, or high or low inflation. For any given rate of return target, risk can be mitigated. Likewise, for a given risk appetite, returns can be improved. Nothing is a sure bet, but risk parity strategies have achieved robust returns while minimizing risk over most time periods.

Mr. Skarbeck makes a good point that historical volatility does not measure all types of risk. We heartily agree.

Mr. Skarbeck thinks stocks are a good bet right now. He may be correct. INPRS owns billions of dollars of equities and works with investment managers who have strong views, perhaps similar to Mr. Skarbeck’s, about the direction of stocks, bonds, and other assets. But as an entity charged with funding the retirements of 500,000 Hoosier workers and retirees, INPRS as a whole should not make overly concentrated bets.

Truly balanced portfolios recognize that neither INPRS, nor anyone else, knows with certainty what the global economy has in store. Committing to a concentrated asset mix because of a particular view on equities would represent the very type of risk Mr. Skarbeck warns against.

Fortunately, risk parity has performed well in all environments – from low inflation, high growth periods where stocks might outperform to high-inflation periods where commodities and TIPS might do better. That’s the point of the strategy: seek healthy returns sufficient to fund the retirements of INPRS members while minimizing downside risk.

Bret T. Swanson
Trustee and Investment Committee Member
Indiana Public Retirement System (INPRS)

More bad news for U.S. economic growth. In the face of multiplying obstacles deployed by Washington regulators, AT&T today abandoned its pursuit of T-Mobile. The most important outcome of the merger would have been a quicker and broader roll-out of 4G mobile broadband services. Now AT&T will have to find other paths to the wireless radio spectrum (and cell towers) it needs to meet growing demand and build tomorrow’s networks. T-Mobile is left in purgatory, short of the spectrum and long-term financial wherewithal to effectively compete.

Some say, don’t worry, assuming that another U.S. mobile provider will pick up T-Mobile. Not so fast. If Washington disallowed AT&T, it would do the same for Verizon. Sprint was pursuing T-Mobile before AT&T swooped in, but a Sprint-TMo combo makes much less sense. The spectrum-technology-tower infrastructure positions of AT&T and TMo were almost perfectly complementary. Not so for Sprint, who uses mostly higher frequencies, has always been a CDMA company (as opposed to WCDMA), and is already finding it challenging to raise the funds to build its own LTE network, given rocky times with partner Clearwire.

The U.S. mobile industry has been a shining star in an otherwise dark U.S. economy. But with Washington nixing the AT&T- T-Mobile merger, and given recent struggles at Clearwire and engineering disputes with upstart LightSquared, it’s not clear mobile will continue on its steep ascent. The FCC “staff report” opposing the AT&T-TMo deal didn’t even address the elephant in the room – spectrum. It’s odd. The FCC declared a spectrum crisis two years ago and repeatedly emphasized the urgent need for broadband expansion. Then, poof, not hardly a mention of either in its report. Not a good sign when the expert agency has taken its eye off the ball.

The industry is still full of potential, but there will be near-term disruptions as companies sort out new spectrum, business, and technology strategies. And as millions of un- and underemployed Americans know, time is money. Regulatory impediments and foot-dragging are especially harmful – and even infuriating – for an industry that desperately wants to grow. For an industry that is in many ways the bedrock of the 21st century American knowledge economy.

Beyond the disquieting roller-coaster in the mobile industry, one wonders more broadly about the American economy. Just what kind of business are we allowed to conduct? What investments are preferred – by whom? How far will the tilt of decision-making from private entities to public bureaucracies go?

— Bret Swanson

The New York Times reports today that scientists reading human genomes are generating so much data that they must use snail mail instead of the Internet to send the DNA readouts around the globe.

BGI, based in China, is the world’s largest genomics research institute, with 167 DNA sequencers producing the equivalent of 2,000 human genomes a day.

BGI churns out so much data that it often cannot transmit its results to clients or collaborators over the Internet or other communications lines because that would take weeks. Instead, it sends computer disks containing the data, via FedEx.

“It sounds like an analog solution in a digital age,” conceded Sifei He, the head of cloud computing for BGI, formerly known as the Beijing Genomics Institute. But for now, he said, there is no better way.

The field of genomics is caught in a data deluge. DNA sequencing is becoming faster and cheaper at a pace far outstripping Moore’s law, which describes the rate at which computing gets faster and cheaper.

The result is that the ability to determine DNA sequences is starting to outrun the ability of researchers to store, transmit and especially to analyze the data.

We’ve been talking about the oncoming rush of biomedical data for a while. A human genome consists of some 2.9 billion base pairs, easily stored in around 725 megabytes with standard compression techniques. Two thousand genomes a day, times 725 MB, equals 1,450,000 MB, or 1.45 terabytes. That’s a lot of data for one entity to transmit in a day’s time. Some researchers believe a genome can be losslessly compressed to approximately 4 megabytes. In compressed form, 2,000 genomes would total around 8,000 MB, or just 8 gigabytes. Easily doable for a major institution.

Interested to know more.

Here’s a critique of the FCC’s new “staff report” from AT&T itself. Obviously, AT&T is an interested party and has a robust point of view. But it’s striking the FCC was so sloppy in a staff report — for instance not addressing the key issue at hand: spectrum — let alone releasing this not-ready-for-prime-time report to the public.

Surely, it is neither fair nor logical for the FCC to trumpet a national spectrum crisis for much of the past year, and then draft a report claiming that two major wireless companies face no such constraints despite sworn declarations demonstrating the opposite.

The report is so off-base and one-sided that the FCC may actually have hurt its own case.

America is in desperate need of economic growth. But as the U.S. economy limps along, with unemployment stuck at 9%, the Federal Communications Commission is playing procedural tiddlywinks with the nation’s largest infrastructure investor, in the sector of the economy that offers the most promise for innovation and 21st century jobs. In normal times, we might chalk this up to clever Beltway maneuvering. But do we really have the time or money to indulge bureaucratic gamesmanship?

On Thanksgiving Eve, the FCC surprised everyone. It hadn’t yet completed its investigation into the proposed AT&T-T-Mobile wireless merger, and the parties had not had a chance to discuss or rebut the agency’s initial findings. Yet the FCC preempted the normal process by announcing it would send the case to an administrative law judge — essentially a vote of no-confidence in the deal. I say “vote,” but  the FCC commissioners hadn’t actually voted on the order.

FCC Chairman Julius Genachowski called AT&T CEO Randall Stevenson, who, on Thanksgiving Day, had to tell investors he was setting aside $4 billion in case Washington blocked the deal.

The deal is already being scrutinized by the Department of Justice, which sued to block the merger last summer. The fact that telecom mergers and acquisitions must negotiate two levels of federal scrutiny, at DoJ and FCC, is already an extra burden on the Internet industry. But when one agency on this dual-track games the system by trying to influence the other track — maybe because the FCC felt AT&T had a good chance of winning its antitrust case — the obstacles to promising economic activity multiply.

After the FCC’s surprise move, AT&T and T-Mobile withdrew their merger application at the FCC. No sense in preparing for an additional hearing before an administrative law judge when they are already deep in preparation for the antitrust trial early next year. Moreover, the terms of the merger agreement are likely to have changed after the companies (perhaps) negotiate conditions with the DoJ. They’d have to refile an updated application anyway. Not so fast, said the FCC. We’re not going to allow AT&T and T-Mobile to withdraw their application. Or we if we do allow it, we will do so “with prejudice,” meaning the parties can’t refile a revised application at a later date. On Tuesday the FCC relented — the law is clear: an applicant has the right to withdraw an application without consent from the FCC. But the very fact the FCC initially sought to deny the withdrawal is itself highly unusual. Again, more procedural gamesmanship.

If that weren’t enough, the FCC then said it would release its “findings” in the case — another highly unusual (maybe unprecedented) action. The agency hadn’t completed its process, and there had been no vote on the matter. So the FCC instead released what it calls a “staff report” — a highly critical internal opinion that hadn’t been reviewed by the parties nor approved by the commissioners. We’re eager to analyze the substance of this “staff report,” but the fact the FCC felt the need to shove it out the door was itself remarkable.

It appears the FCC is twisting legal procedure any which way to fit its desired outcome, rather than letting the normal merger process play out. Indeed, “twisting legal procedure” may be too kind. It has now thrown law and procedure out the window and is in full public relations mode. These extralegal PR games tilt the playing field against the companies, against investment and innovation, and against the health of the U.S. economy.

— Bret Swanson

See our new report “Into the Exacloud” . . . including analysis of:

> Why cloud computing requires a major expansion of wireless spectrum and investment

> An exaflood update: what Mobile, Video, Big Data, and Cloud mean for network traffic

> Plus, a new paradigm for online games, Web video, and cloud software

A paper out today challenges the assertion that the AT&T-T-Mobile merger will create jobs. AT&T has said it would invest an additional $8 billion in wireless network infrastructure, above and beyond its usual $8-10 billion per year, and the Economic Policy Institute estimated this would result in between 55,000 and 96,000 job-years. The Communication Workers of America has cited the EPI study as one reason it supports the mobile union.

In a study prepared for Sprint, however, professor David Neumark says the EPI estimate fails to account for the fact that T-Mobile will no longer be investing its normal couple billion dollars per year after it is subsumed by AT&T. He says EPI is only looking at AT&T’s gross increase, not the net industry effect. He thinks the net effect will be negative and will thus cost jobs.

This is a fair point. We should analyze these things in as dynamic and realistic a way as possible. But the Sprint study appears to be relying on its own static, simplistic view of the world. Namely, it assumes an independent T-Mobile would keep investing billions a year on network infrastructure. Even though T-Mobile says it has neither the spectrum nor the financial resources from its parent Deutche Telekom to continue as an effective competitor in the highly dynamic mobile market where companies must constantly upgrade their networks to exploit all the good stuff offered by Moore’s law. In other words, it’s unlikely T-Mobile will continue investing several billion per year as a stand-alone company.

Another point that needs clarification: Some smart people think the AT&T estimate of $8 billion in additional capex is specific to the merger — connecting the two networks, expanding LTE beyond its previous plans, etc. But if these people are right, it’s still the case that AT&T will have to adopt at least some portion of network upgrades and maintenance that T-Mobile does every day on its own network. So AT&T’s capex spend is likely to go up beyond this additional $8 billion. In a merger scenario, therefore, not all, perhaps not even most, of the existing T-Mobile network investment “goes away.”

Another scenario in which a non-AT&T carrier acquired T-Mobile would result in whatever similar loss of T-Mobile specific investment that Sprint claims under the AT&T-T-Mobile scenario. But it doesn’t account for this possibility either.

So it seems the new Neumark-Sprint analysis also is not really a net estimate, just another form of gross estimate.

Ultimately, no one knows exactly what will happen in an ever-changing economy in our ever-changing world. But it is pretty safe to say that a healthy, growing, vibrant mobile industry will support more sustainable jobs than an unhealthy industry. The Sprint paper correctly acknowledges that efficiencies from mergers can result in all sorts of economic welfare gains, both for consumers and for workers who move into higher-value jobs.

A stand-alone T-Mobile is not a healthy company, and without T-Mobile, AT&T, although healthy, doesn’t have the spectrum or cell towers it needs to match current growth and fuel new growth. The proposed merger would result in a major supplier of next gen 4G broadband mobile services across most of the U.S. The benefits of this go far beyond the capex it takes to build the network (though very important) and extend to every citizen and industry that will enjoy ubiquitous go-anywhere broadband. These jobs created across the economy are incalculable but are likely to be substantial.

Where to begin. The economy is still in the doldrums some three years after an historic crash, the Administration is having a tough time boosting output and job growth, and so its Justice Department thinks it would be a good idea to discourage one of the nation’s biggest investors and employers from building yet more high-tech infrastructure in a sector of the economy that is manifestly healthy and which serves as a productivity platform for the rest of the economy.

It’s hard to believe, but that’s exactly what’s happening with the DoJ’s attempt to block AT&T’s merger with T-Mobile.

AT&T wants T-Mobile’s wireless spectrum and compatible cell-tower infrastructure so it can more quickly roll out next generation 4G mobile broadband services. It can’t wait for much needed spectrum auctions that will hopefully occur over the next several years. Meanwhile, T-Mobile doesn’t have the spectrum or financial wherewithal (through its parent Deutche Telekom) to build its own 4G network. Perfect fit, right? Join forces to rapidly deploy new network capacity and coverage for the next iteration of iPads, Androids, Thunderbolts, Galaxy Tabs, and broadband everywhere.

The Communication Workers of America union thinks the union is a good idea, estimating the merger will create 96,000 jobs. AT&T even this morning sweetened the pot by announcing – before DoJ’s surprise announcement – that on completion of the merger it would bring back 5,000 call center jobs from overseas and guarantee no job cuts for T-Mobile call center employees.

DoJ says a combination will hurt competition, but T-Mobile itself says it can’t really compete in the next generation of 4G. And DoJ ignores the fact, reported by the FCC, that 90% of the U.S. population has five or more mobile service provider choices, with brand new entrants like Clearwire, LightSquared, and Dish Network coming online and expanding every day. DoJ relies on indirect evidence of current market share to infer that bad things might happen in the future even as it ignores direct evidence of low prices, wild innovation, and widespread consumer choice in networks and devices.

This July 11 paper from economists Gerald Faulhaber, Robert Hahn, and Hal Singer really says it all.

With the economy in crisis, you’d think someone with a bit of business sense would be seeking every way to expand investment and employment, not find creative ways to quash it. Antitrust lawyers imagine themselves guardians of the public good, but there’s a big problem: they usually see the world through a rear-view mirror, wearing blinders, while experiencing tunnel vision.

Was it antitrust that saved the world from big, bad Microsoft. No, the Internet, Google, and Apple, among hundreds of other innovators, diluted Microsoft’s very temporary dominance. Did the AOL-TimeWarner merger kill competition in the online content or broadband markets? No. To remember the alarmism over that merger is to laugh. DoJ did block WorldCom’s bid for Sprint, and of course WorldCom went bankrupt. Did Verizon’s acquisition of Alltel kill innovation in the mobile market? What? Who’s Alltel?

There’s just no way a few attorneys in Washington can decree the proper organization of an industry that is so exceedingly dynamic. Meanwhile, the economy shuffles along slowly, very slowly.

— Bret Swanson

See our new column in Forbes:

As we entered August, a time of family vacations and corporate retreats, a CEO friend, who is a director of several companies, made a darkly humorous observation. “I’m impressed,” he said. “At our upcoming retreat, the CEO is dedicating an entire day to talk about . . . the business.”

This was a break from the new normal, where management is consumed with compliance, legality, accounting, risk mitigation, and political prognostication and manipulation. Carving time out of a business retreat to talk strategy, execution, product, and sales was a welcome novelty. It also revealed a chief challenge of our times – the obsession with and aversion to risk.

Update: Steve Lohr, the excellent New York Times technology reporter, offers his own take on risk-taking through the lens of Steve Jobs. Lohr and I picked the same great quote from Jobs’ Stanford commencement address.

A host of telecom and cable companies today announced a new plan to reform the Universal Service Fund and extend broadband further into rural America. I’ve spent years only partially understanding how USF works. Or how it doesn’t work, as seems the case. I think even in the old days, when it may have made some kind of sense, USF probably retarded investment and new technology in the areas it aimed to support. Unsubsidized potential entrants sporting new technologies couldn’t hope to compete with heavily subsidized incumbents. Even incumbents effectively couldn’t deploy newer, more efficient unsubsidized technologies. The result was probably some extension of phone service in the early days but lots of stagnation for decades after that. In today’s communications market, however, where many companies and many technologies supply many wholesale, commercial, and consumer services — and where broadband, Internet cloud, and wireless complement, compete, and overlap — USF has really broken down. Reform is long overdue, and this consensus industry plan should finally help move USF into the Internet age.

The new proposal — called America’s Broadband Connectivity Plan — also reforms the antiquated and broken Inter Carrier Compensation system, which sets the terms for traffic exchange among communications companies. In a broadband-mobile-Internet world, ICC, like USF, no longer works and is often exploited with arbitrage schemes that add no value but shuffle money via clever manipulation of the rules.

For too long wrangling and indecision between industry and government — and among industry players themselves — has delayed action. We now have a good consensus leap on the road to modernization.

The OECD published its annual Communications Outlook last week, and the 390 pages offer a wealth of information on all-things-Internet — fixed line, mobile, data traffic, price comparisons, etc. Among other remarkable findings, OECD notes that:

In 1960, only three countries — Canada, Sweden and the United States — had more than one phone for every four inhabitants. For most of what would become OECD countries a year later, the figure was less than 1 for every 10 inhabitants, and less than 1 in 100 in a couple of cases. At that time, the 84 million telephones in OECD countries represented 93% of the global total. Half a century later there are 1.7 billion telephones in OECD countries and a further 4.1 billion around the world. More than two in every three people on Earth now have a mobile phone.

Very useful stuff. But in recent times the report has also served as a chance for some to misrepresent the relative health of international broadband markets. The common refrain the past several years was that the U.S. had fallen way behind many European and Asian nations in broadband. The mantra that the U.S. is “15th in the world in broadband” — or 16th, 21st, 24th, take your pick — became a sort of common lament. Except it wasn’t true.

As we showed here, the second half of the two-thousand-aughts saw an American broadband boom. The Phoenix Center and others showed that the most cited stat in those previous OECD reports — broadband connections per 100 inhabitants — actually told you more about household size than broadband. And we developed metrics to better capture the overall health of a nation’s Internet market — IP traffic per Internet user and per capita.

Below you’ll see an update of the IP traffic per Internet user chart, built upon Cisco’s most recent (June 1, 2011) Visual Networking Index report. The numbers, as they did last year, show the U.S. leads every region of the world in the amount of IP traffic we generate and consume both in per user and per capita terms. Among nations, only South Korea tops the U.S., and only Canada matches the U.S.

Although Asia contains broadband stalwarts like Korea, Japan, and Singapore, it also has many laggards. If we compare the U.S. to the most uniformly advanced region, Western Europe, we find the U.S. generates 62% more traffic per user. (These figures are based on Cisco’s 2010 traffic estimates and the ITU’s 2010 Internet user numbers.)

As we noted last year, it’s not possible for the U.S. to both lead the world by a large margin in Internet usage and lag so far behind in broadband. We think these traffic per user and per capita figures show that our residential, mobile, and business broadband networks are among the world’s most advanced and ubiquitous.

Lots of other quantitative and qualitative evidence — from our smart-phone adoption rates to the breakthrough products and services of world-leading device (Apple), software (Google, Apple), and content companies (Netflix) — reaffirms the fairly obvious fact that the U.S. Internet ecosystem is in fact healthy, vibrant, and growing. Far from lagging, it leads the world in most of the important digital innovation indicators.

— Bret Swanson

I’m no in-the-weeds budget expert — not even close — but it seemed to me that among all the important debates over deficits, entitlements, and debt ceilings, the biggest factor of all is being mostly ignored. That factor is the compound rate of economic growth, and I made the case for “The Growth Imperative” at a Tuesday meeting of the National Chamber Foundation Fellows. Here’s my column at Forbes. See the slides below:

The generally light-touch regulatory approach to America’s Internet industry has been a big success story. Broadband, wireless, digital devices, Internet content and apps — these technology sectors have exploded over the last half-dozen years, even through the Great Recession.

So why are Washington regulators gradually encroaching on the Net’s every nook and cranny? Perhaps the explanation is a paraphrased line about Washington’s upside-down ways: If it fails, subsidize it. If it succeeds, tax it. And if it succeeds wildly, regulate it.

Whatever the reason, we should watch out and speak up, lest D.C. do-gooders slow the growth of our most dynamic economic engine.

Last December, the FCC imposed a watered down version of Net Neutrality. A few weeks ago the FCC asserted authority to regulate prices and terms in the data roaming market for mobile phones. There are endless Washington proposals to regulate digital advertising markets and impose strict new rules to (supposedly) protect consumer privacy. The latest new idea (but surely not the last) is to regulate prices and terms of “special access,” or Internet connectivity in the middle of the network.

Special access refers to high-speed links that connect, say, cell phone towers to the larger network, or an office building to a metro fiber ring. Another common name for these network links is “backhaul.” Washington lobbyists have for years been trying to get the FCC to dictate terms in this market, without success. But now, as part of the proposed AT&T-T-Mobile merger, they are pushing harder than ever to incorporate regulation of these high-speed Internet lines into the government’s prospective approval of  the acquisition.

As the chief opponent of the merger, Sprint especially is lobbying for the new regulations. Sprint claims that just a few companies control most the available backhaul links to its cell phone towers and wants the FCC to set rates and terms for its backhaul leases. But from the available information, it’s clear that many companies — not just Verizon and AT&T — provide these Special Access backhaul services. It’s not clear why an AT&T-T-Mobile combination should have a big effect on the market, nor why the FCC should use the event to regulate a well-functioning market.

Sprint is a majority owner and major partner of 4G mobile network Clearwire, which uses its own microwave wireless links for 90% of its backhaul capacity. Sprint used Clearwire backhaul for its Xohm Wi-Max network beginning in 2008 and will pay Clearwire around a billion dollars over the next two years to lease backhaul capacity.

T-Mobile, meanwhile, uses mostly non-AT&T, non-Verizon backhaul for its towers. Recent estimates say something like 80% of T-Mobile sites are linked by smaller Special Access providers like Bright House, FiberNet, Zayo Bandwidth, and IP Networks. Lots of other providers exist, from the large cable companies like Comcast, Cox, and TimeWarner to smaller specialty firms like FiberTower and TowerCloud to large backbone providers like Level 3. The cable companies all report fast growing cell site backhaul sales, accounting for large shares of their wholesale revenue.

One of the rationales for AT&T’s purchase of T-Mobile was that the two companies’ cell sites are complementary, not duplicative, meaning AT&T may not have links to many or most of T-Mobile’s sites. So at least in the short term it’s likely the T-Mobile cells will continue to use their existing backhaul providers, who are, again, mostly not Verizon or AT&T. It’s possible over time AT&T would expand its network and use its own links to serve the sites, but the backhaul business by then will only be more competitive than today.

This is a mostly unseen part of the Internet. Few of us every think about Special Access or Backhaul when we fire up our Blackberry, Android, or iPhone. But these lines are key components in mobile ecosystem, essential to delivering the voices and bits to and from our phones, tablets, and laptops. The wireless industry, moreover, is in the midst of a massive upgrade of its backhaul lines to accommodate first 3G and now 4G networks that will carry ever richer multimedia content. This means replacing the old T-1 and T-3 copper phone lines with new fiber optic lines and high-speed radio links. These are big investments in a very competitive market.

Given the Internet industry’s overwhelming contribution to the U.S. economy — not just as an innovative platform but as a leading investor in the capital base of the nation — one might think we wouldn’t lightly trifle with success. The chart below, compiled by economist Michael Mandel, shows that the top two — and three out of the top seven — domestic investors are communications companies. These are huge sums of money supporting hundreds of thousands of jobs directly and many millions indirectly.

via Michael Mandel

We’ve seen the damage micromanagement can cause — in the communications sector no less. The type of regulation of prices and terms on infrastructure leases now proposed for Special Access was, in my view, a key to the 2000 tech/telecom crash. FCC intrusions (remember line sharing, TELRIC, and UNE-P, etc.) discouraged investments in the first generation of broadband. We fell behind nations like Korea. Over the last half-dozen years, however, we righted our communications ship and leapt to the top of the world in broadband and especially mobile services.

I’m not arguing these regulations would crash the sector. But the accumulated costs of these creeping Washington intrusions could disrupt the crucial price mechanisms and investment incentives that are no where more important than the fastest growing, most dynamic markets, like mobile networks.Time for FCC lawyers to hit the beach — for Memorial Day weekend . . . and beyond. They should sit back and enjoy the stupendous success of the sector they oversee. The market is working.

— Bret Swanson

I wrote last week about the hugely successful legislative agenda of Indiana Gov. Mitch Daniels — and the possibility he might offer his leadership to all of America. In the video below, the Governor himself outlines the nation’s most far-reaching education reforms.

Brink Lindsey of the Kauffman Foundation summarizes a new paper on the imperative of constantly exploring the economic frontier:

Section 332(c)(2) of the Communications Act says that “a private mobile service shall not . . . be treated as a common carrier for any purpose under this Act.”

So of course the Federal Communications Commission on Thursday declared mobile data roaming (which is a private mobile service) a common carrier. Got it? The law says “shall not.” Three FCC commissioners say, We know better.

This up-is-down determination could allow the FCC to impose price controls on the dynamic broadband mobile Internet industry. Up-is-down legal determinations for the FCC are nothing new. After a decade trying, I’ve still not been able to penetrate the legal realm where “shall not” means “may.” Clearly the FCC operates in some alternate jurisprudential universe.

I do know the decision’s practical effect could be to slow mobile investment and innovation. It takes lots of money and know-how to build the Internet and beam real-time videos from anywhere in the world to an iPad as you sit on your comfy couch or a speeding train. Last year the U.S. invested $489 billion in info-tech, which made up 47% of all non-structure capital expenditures. Two decades ago, info-tech comprised just 33% of U.S. non-structure capital investment. This is a healthy, growing sector.

As I noted a couple weeks ago,

You remember that “roaming” is when service provider A pays provider B for access to B’s network so that A’s customers can get service when they are outside A’s service area, or where it has capacity constraints, or for redundancy. These roaming agreements are numerous and have always been privately negotiated. The system works fine.

But now a group of provider A’s, who may not want to build large amounts of new network capacity to meet rising demand for mobile data, like video, Facebook, Twitter, and app downloads, etc., want the FCC to mandate access to B’s networks at regulated prices. And in this case, the B’s have spent many tens of billions of dollars in spectrum and network equipment to provide fast data services, though even these investments can barely keep up with blazing demand. . . .

It is perhaps not surprising that a small number of service providers who don’t invest as much in high-capacity networks might wish to gain artificially cheap access to the networks of the companies who invest tens of billions of dollars per year in their mobile networks alone. Who doesn’t like lower input prices? Who doesn’t like his competitors to do the heavy lifting and surf in his wake? But the also not surprising result of such a policy could be to reduce the amount that everyone invests in new networks. And this is simply an outcome the technology industry, and the entire country, cannot afford. The FCC itself has said that “broadband is the great infrastructure challenge of the early 21st century.”

But if Washington actually wants more infrastructure investment, it has a funny way of showing it. On Sunday at a Boston conference organized by Free Press, former Obama White House technology advisor Susan Crawford talked about America’s major communications companies.  ”[R]egulating these guys into to an inch of their life is exactly what needs to happen,” she said. You’d think the topic was tobacco or human trafficking rather than the companies that have pretty successfully brought us the wonders of the Internet.

It’s the view of an academic lawyer who has never visited that exotic place called the real world. Does she think that the management, boards, and investors of these companies will continue to fund massive  infrastructure projects in the tens of billions of dollars if Washington dangles them within “an inch of their life”? Investment would dry up long before we ever saw the precipice. This is exactly what’s happened economy-wide over the last few years as every company, every investor, in every industry worried about Washington marching them off the cost cliff. The White House supposedly has a newfound appreciation for the harms of over-regulation and has vowed to rein in the regulators. But in case after case, it continues to toss more regulatory pebbles into the economic river.

Perhaps Nick Schulz of the American Enterprise Institute has it right. Take a look. He calls it the Tommy Boy theory of regulation, and just maybe it explains Washington’s obsession — yes, obsession; when you watch the video, you will note that is the correct word — with managing every nook and cranny of the economy.

AT&T’s announced purchase of T-Mobile is an exaflood acquisition — a response to the overwhelming proliferation of mobile computers and multimedia content and thus network traffic. The iPhone, iPad, and other mobile devices are pushing networks to their limits, and AT&T literally could not build cell sites (and acquire spectrum) fast enough to meet demand for coverage, capacity, and quality. Buying rather than building new capacity improves service today (or nearly today) — not years from now. It’s a home run for the companies — and for consumers.

We’re nearing 300 million mobile subscribers in the U.S., and Strategy Analytics estimates by 2014 we’ll add an additional 60 million connected devices like tablets, kiosks, remote sensors, medical monitors, and cars. All this means more connectivity, more of the time, for more people. Mobile data traffic on AT&T’s network rocketed 8,000% in the last four years. Remember that just a decade ago there was essentially no wireless data traffic. It was all voice traffic. A few rudimentary text applications existed, but not much more. By year-end 2010, AT&T was carrying around 12 petabytes per month of mobile traffic alone. The company expects another 8 to 10-fold rise over the next five years, when its mobile traffic could reach 150 petabytes per month. (We projected this type of growth in a series of reports and articles over the last decade.)

The two companies’ networks and businesses are so complementary that AT&T thinks it can achieve $40 billion in cost savings. That’s more than the $39-billion deal price. Those huge efficiencies should help keep prices low in a market that already boasts the lowest prices in the world (just $0.04 per voice minute versus, say, $0.16 in Europe).

But those who focus only on the price of existing products (like voice minutes) and traditional metrics of “competition,” like how many national service providers there are, will miss the boat. Pushing voice prices down marginally from already low levels is not the paramount objective. Building fourth generation mobile multimedia networks is. Some wonder whether “consolidation of power could eventually lead to higher prices than consumers would otherwise see.” But “otherwise” assumes a future that isn’t going to happen. T-Mobile doesn’t have the spectrum or financial wherewithal to deploy a full 4G network. So the 4G networks of AT&T, Verizon, and Sprint (in addition to Clearwire and LightSquared) would have been competing against the 3G network of T-Mobile. A 3G network can’t compete on price with a 4G network because it can’t offer the same product. In many markets, inferior products can act as partial substitutes for more costly superior products. But in the digital world, next gen products are so much better and cheaper than the previous versions that older products quickly get left behind. Could T-Mobile have milked its 3G network serving mostly voice customers at bargain basement prices? Perhaps. But we already have a number of low-cost, bare-bones mobile voice providers.

The usual worries from the usual suspects in these merger battles go like this: First, assume a perfect market where all products are commodities, capacity is unlimited yet technology doesn’t change, and competitors are many. Then assume a drastic reduction in the number of competitors with no prospect of new market entrants. Then warn that prices could spike. It’s a story that may resemble some world, but not the one in which we live.

The merger’s boost to cell-site density is hugely important and should not be overlooked. Yes, we will simultaneously be deploying lots of new Wi-Fi nodes and femtocells (little mobile nodes in offices and homes), which help achieve greater coverage and capacity, but we still need more macrocells. AT&T’s acquisition will boost its total number of cell sites by 30%. In major markets like New York, San Francisco, and Chicago, the number of AT&T cell sites will grow by 25%-45%. In many areas, total capacity should double.

It’s not easy to build cell sites. You’ve got to find good locations, get local government approvals, acquire (or lease) the sites, plan the network, build the tower and network base station, connect it to your long-haul network with fiber-optic lines, and of course pay for it. In the last 20 years, the number of U.S. cell sites has grown from 5,000 to more than 250,000, but we still don’t have nearly enough. CEO Randall Stephenson says the T-Mobile purchase will achieve almost immediately a network expansion that would have taken five years through AT&T’s existing organic growth plan. Because of the nature of mobile traffic — i.e., it’s mobile and bandwidth is shared — the combination of the two networks should yield a more-than-linear increase in quality improvements. The increased cell-site density will give traffic planners much more flexibility to deliver high-capacity services than if the two companies operated separately.

The U.S. today has the most competitive mobile market in the world (second, perhaps, only to tiny Hong Kong). Yes, it’s true, even after the merger, the U.S. will still have a more “competitive” market than most. But “competition” is often not the most — or even a very — important metric in these fast moving markets. In periods of undershoot, where a technology is not good enough to meet demand on quantity or quality, you often need integration to optimize the interfaces and the overall experience, a la the hand-in-glove paring of the iPhone’s hardware, software, and network. Streaming a video to a tiny piece of plastic in your pocket moving at 60 miles per hour — with thousands of other devices competing for the same bandwidth — is not a commodity service. It’s very difficult. It requires millions of things across the network to go just right. These services often take heroic efforts and huge sums of capital just to make the systems work at all.

Over time technologies overshoot, markets modularize, and small price differences matter more. Products that seem inferior but which are “good enough” then begin to disrupt state-of-the art offerings. This was what happened to the voice minute market over the last 20 years. Voice-over-IP, which initially was just “good enough,” made voice into a commodity. Competition played a big part, though Moore’s law was the chief driver of falling prices. Now that voice is close to free (though still not good enough on many mobile links) and data is king, we see the need for more integration to meet the new challenges of the multimedia exaflood. It’s a never ending, dynamic cycle. (For much more on this view of technology markets, see Harvard Business School’s Clayton Christensen).

The merger will have its critics, but it seriously accelerates the coming of fourth generation mobile networks and the spread of broadband across America.

— Bret Swanson

Mobile communications is among the healthiest of U.S. industries. Through a time of economic peril and now merely uncertainty, mobile innovation hasn’t wavered. It’s been a too-rare bright spot. Huge amounts of infrastructure investment, wildly proliferating software apps, too many devices to count. If anything, the industry is moving so fast on so many fronts that we risk not keeping up with needed capacity.

Mobile, perhaps not coincidentally, has also been historically a quite lightly regulated industry. But emerging is a sort of slow boil of small but many rules, or proposed rules, that could threaten the sector’s success. I’m thinking of the “bill shock” proceeding, in which the FCC is looking at billing practices and various “remedies.” And the failure to settle the D block public safety spectrum issue in a timely manner. And now we have a group of  rural mobile providers who want the FCC to set prices in the data roaming market.

You remember that “roaming” is when service provider A pays provider B for access to B’s network so that A’s customers can get service when they are outside A’s service area, or where it has capacity constraints, or for redundancy. These roaming agreements are numerous and have always been privately negotiated. The system works fine.

But now a group of provider A’s, who may not want to build large amounts of new network capacity to meet rising demand for mobile data, like video, Facebook, Twitter, and app downloads, etc., want the FCC to mandate access to B’s networks at regulated prices. And in this case, the B’s have spent many tens of billions of dollars in spectrum and network equipment to provide fast data services, though even these investments can barely keep up with blazing demand.

The FCC has never regulated mobile phone rates, let alone data rates, let alone data roaming rates. And of course mobile voice and data rates have been dropping like rocks. These few rural providers are asking the FCC to step in where it hasn’t before. They are asking the FCC to impose old-time common carrier regulation in a modern competitive market – one in which the FCC has no authority to impose common carrier rules and prices.

In the chart above, we see U.S. info-tech investment in 2010 approached $500 billion. Communications equipment and structures (like cell phone towers) surpassed $105 billion. The fourth generation of mobile networks is just in its infancy. We will need to invest many tens of billions of dollars each year for the foreseeable future both to drive and accommodate Internet innovation, which spreads productivity enhancements and wealth across every sector in the economy.

It is perhaps not surprising that a small number of service providers who don’t invest as much in high-capacity networks might wish to gain artificially cheap access to the networks of the companies who invest tens of billions of dollars per year in their mobile networks alone. Who doesn’t like lower input prices? Who doesn’t like his competitors to do the heavy lifting and surf in his wake? But the also not surprising result of such a policy could be to reduce the amount that everyone invests in new networks. And this is simply an outcome the technology industry, and the entire country, cannot afford. The FCC itself has said that “broadband is the great infrastructure challenge of the early 21st century.”

Economist Michael Mandel has offered a useful analogy:

new regulations [are] like  tossing small pebbles into a stream. Each pebble by itself would have very little effect on the flow of the stream. But throw in enough small pebbles and you can make a very effective dam.

Why does this happen? The answer is that each pebble by itself is harmless. But each pebble, by diverting the water into an ever-smaller area,  creates a ‘negative externality’ that creates more turbulence and slows the water flow.

Similarly, apparently harmless regulations can create negative externalities that add up over time, by forcing companies to spending  time and energy meeting the new requirements. That reduces business flexibility and hurts innovation and growth.

It may be true that none of the proposed new rules for wireless could alone bring down the sector. But keep piling them up, and you can dangerously slow an important economic juggernaut. Price controls for data roaming are a terrible idea.

Can economic growth stop the coming fiscal inflation?

See my new Forbes column on the puzzling economic outlook and a new way to think about monetary policy . . . .

Last month, Cisco reported that wireless data traffic is growing faster than projected (up 159% in 2010 versus its estimate of 149%). YouTube illustrated the point with its own report that mobile views of its videos grew 3x last year to over 200 million per day. Tablets like the Apple iPad were part of the upside surprise.

The very success of smartphones, tablets, and all the new mobile form-factors fuels frustration. They are never fast enough. We always want more capacity, less latency, fewer dropped calls, and ubiquitous access. In a real sense, these are good problems to have. They reflect a fast-growing sector delivering huge value to consumers and businesses. Rapid growth, however, necessarily strains various nodes in the infrastructure. At some point, a lack of resources could stunt this upward spiral. And one of the most crucial resources is wireless spectrum.

There is broad support for opening vast swaths of underutilized airwaves — 300 megahertz (MHz) by 2015 and 500 MHz overall — but we first must dispose of one spectrum scuffle known as the “D block.” Several years ago in a previous spectrum auction, the FCC offered up 10 MHz for commercial use — with the proviso that the owner would have to share the spectrum with public safety users (police, fire, emergency) nationwide. This “D block” sat next to an additional 10 MHz known as Public Safety Broadband (PSB), which was granted outright to the public safety community. But the D block auction failed. Potential bidders could not reconcile the technical and business complexities of this “encumbered” spectrum. The FCC received just one D block bid for just $472 million, far below the FCC’s minimum acceptable bid of $1.3 billion. So today, three years after the failed auction and almost a decade after 9/11, we still have not resolved the public safety spectrum question. Read the rest of this entry »

My friendly UPS guy just dropped off two copies of James Gleick’s new book The Information: A History, A Theory, A Flood. Haven’t anticipated a book this eagerly in a long time.

Will be back with my thoughts after I read this 500-pager. For now, a few of today’s high-profile reviews of the book: Nick Carr in The Daily Beast and John Horgan in The Wall Street Journal. And, of course, Freeman Dyson’s terrific essay in the NY Review of Books.

My latest column in Forbes – “Cloud Wars Baffle Simmering Cyber Lawyers”:

Like their celestial counterparts, cyber clouds are unpredictable and ever-changing. The Motorola Xoom tablet arrived on Tuesday. The Apple iPad II arrives next week. Just as Verizon finally boasts its own iPhone, AT&T turns the tables with the Motorola Atrix running on the even faster growing Google Android platform. Meanwhile, Nokia declares its once-mighty Symbian platform ablaze and abandons ship for a new mobile partnership with Microsoft.

In the media world, Apple pushes the envelope with publishers who use iPhone and iPad apps to deliver content. Its new subscription service seeks 30% of the price of magazines, newspapers, and, it hopes, games and videos delivered through its App Store and iTunes.

Google quickly counters with OnePass, a program that charges content providers 10% for access to its Android mobile platform. But unlike Apple, said Google CEO Eric Schmidt, “We don’t prevent you from knowing, if you’re a publisher, who your customers are.” Game on.

Netflix, by the way, saw its Web traffic spike 38% in just one month between December 2010 and January 2011 and is, ho hum, upending movies, cable, and TV.

As the cloud wars roar, the cyber lawyers simmer. This wasn’t how it was supposed to be. The technology law triad of Harvard’s Lawrence Lessig and Jonathan Zittrain and Columbia’s Tim Wu had a vision. They saw an arts and crafts commune of cyber-togetherness. Homemade Web pages with flashing sirens and tacky text were more authentic. “Generativity” was Zittrain’s watchword, a vague aesthetic whose only definition came from its opposition to the ominous “perfect control” imposed by corporations dictating “code” and throwing the “master switch.”

In their straw world of “open” heros and “closed” monsters, AOL’s “walled garden” of the 1990s was the first sign of trouble. Microsoft was an obvious villain. The broadband service providers were of coursedangerous gatekeepers, the iPhone was too sleek and integrated, and now even Facebook threatens their ideal of uncurated chaos. These were just a few of the many companies that were supposed to kill the Internet. The triad’s perfect world would be mostly broke organic farmers and struggling artists. Instead, we got Apple’s beautifully beveled apps and Google’s intergalactic ubiquity. Worst of all, the Web started making money.

Read the full column here . . . .

“Over the 10-year budget window, the president plans for Washington to extract $39 trillion in taxes and spend $46 trillion. The debt limit, currently $14.3 trillion, would have to grow to over $26 trillion.

“Making matters worse, these horrendous spending, taxing and debt numbers would be even grimmer if not for the budget’s rosy assumptions. The budget assumes that real growth will climb from an already wishful 4% in 2012 to 4.5% in 2013 and 4.2% in 2014 — despite plans for sweeping tax increases. The assumed GDP growth is well over any growth rate achieved in the Bush expansion. The budget also reflects the unrealistic assumption that the Federal Reserve will be able to keep interest rates very low and generate $476 billion in profits through highly leveraged financial speculation.”

— David Malpass, The Wall Street Journal, February 16, 2011

Tyler Cowen talks to Matt Yglesias about The Great Stagnation . . . . Here was my book review – “Tyler Cowen’s Techno Slump.”

Researchers Martin Hilbert and Priscila Lopez add to the growing literature on the data explosion (what we long ago termed the “exaflood”) with a study of analog and digital information storage, transmission, and computation from 1986 through 2007. They found in 2007 globally we were able to store 290 exabytes, communicate almost 2 zettabytes, and compute around 6.4 exa-instructions per second (EIPS?) on general purpose computers. The numbers have gotten much, much larger since then. Here’s the Science paper (subscription), which appears along side an entire special issue, “Dealing With Data,” and here’s a graphic from the Washington Post:

(Thanks to @AdamThierer for flagging the WashPost article.)

Another review of Tyler Cowen’s The Great Stagnation, this one by Michael Mandel. More from Brink Lindsey.

And Nick Schulz’s video interview of Cowen:

Among other findings in the latest version of Cisco’s always useful Internet traffic updates:

• Mobile data traffic was even higher in 2010 than Cisco had projected in last year’s report. Actual growth was 159% (2.6x) versus projected growth of 149% (2.5x).
• By 2015, we should see one mobile device per capita . . . worldwide. That means around 7.1 billion mobile devices compared to 7.2 billion people.
• Mobile tablets (e.g., iPads) are likely to generate as much data traffic in 2015 as all mobile devices worldwide did in 2010.
• Mobile traffic should grow at an annual compound rate of 92% through 2015. That would mean 26-fold growth between 2010 and 2015.

Here are my thoughts on Tyler Cowen’s terrific new e-book essay The Great Stagnation.

Brink Lindsey of the Kauffman Foundation comments here.

UPDATE: Tyler Cowen lists more reviews of his essay here:

2. Scott Sumner buys a Kindle and reviews The Great Stagnation.

3. Forbes review of The Great Stagnation.

4. Ryan Avent review of The Great Stagnation.

5. David Brooks coverage of The Great Stagnation.

7. Japan reviews The Great Stagnation.

Arnold Kling comments here.

And Nick Schulz here.

In the wake of the FCC’s net neutrality Order, published on December 23, several of us have focused on the Commission’s confused and contradictory treatment of “paid prioritization.” In the Order, the FCC explicitly permits some forms of paid priority on the Internet but strongly discourages other forms.

From the beginning — that is, since the advent of the net neutrality concept early last decade — I argued that a strict neutrality regime would have outlawed, among other important technologies, CDNs, which prioritized traffic and made (make!) the Web video revolution possible.

So I took particular notice of this new interview (sub. required) with Akamai CEO Paul Sagan in the February 2011 issue of MIT’s Technology Review:

TR: You’re making copies of videos and other Web content and distributing them from strategic points, on the fly.

Paul Sagan: Or routes that are picked on the fly, to route around problematic conditions in real time. You could use Boston [as an analogy]. How do you want to cross the Charles to, say, go to Fenway from Cambridge? There are a lot of bridges you can take. The Internet protocol, though, would probably always tell you to take the Mass. Ave. bridge, or the BU Bridge, which is under construction right now and is the wrong answer. But it would just keep trying. The Internet can’t ever figure that out — it doesn’t. And we do.

There it is. Akamai and other content delivery networks (CDNs), including Google, which has built its own CDN-like network, “route around” “the Internet,” which “can’t ever figure . . . out” the fastest path needed for robust packet delivery. And they do so for a price. In other words: paid priority. Content companies, edge innovators, basement bloggers, and poor non-profits who don’t pay don’t get the advantages of CDN fast lanes. Read the rest of this entry »

So, here we are. Today the FCC voted 3-2 to issue new rules governing the Internet. I expect the order to be struck down by the courts and/or Congress. Meantime, a few observations:

• The order appears to be more intrusive on the topic of “paid prioritization” than was Chairman Genachowski’s outline earlier this month. (Keep in mind, we haven’t seen the text. The FCC Commissioners themselves only got access to the text at 11:42 p.m. last night.)
• If this is true, if the “nondiscrimination” ban goes further than a simple reasonableness test, which itself would be subject to tumultuous legal wrangling, then the Net Neutrality order could cause more problems than I wrote about in this December 7 column.
• A prohibition or restriction on “paid prioritization” is a silly rule that belies a deep misunderstanding of how our networks operate today and how they will need to operate tomorrow. Here’s how I described it in recent FCC comments:

In September 2010, a new network company that had operated in stealth mode digging ditches and boring tunnels for the previous 24 months, emerged on the scene. As Forbes magazine described it, this tiny new company, Spread Networks

“spent the last two years secretly digging a gopher hole from Chicago to New York, usurping the erstwhile fastest paths. Spread’s one-inch cable is the latest weapon in the technology arms race among Wall Street houses that use algorithms to make lightning-fast trades. Every day these outfits control bigger stakes of the markets – up to 70% now. “Anybody pinging both markets  has to be on this line, or they’re dead,” says Jon A. Najarian, cofounder of OptionMonster, which tracks high-frequency trading.

“Spread’s advantage lies in its route, which makes nearly a straight line from a data center  in Chicago’s South Loop to a building across the street from Nasdaq’s servers in Carteret, N.J. Older routes largely follow railroad rights-of-way through Indiana, Ohio and Pennsylvania. At 825 miles and 13.3 milliseconds, Spread’s circuit shaves 100 miles and 3 milliseconds off of the previous route of lowest latency, engineer-talk for length of delay.”

Why spend an estimated $300 million on an apparently duplicative route when numerous seemingly similar networks already exist? Because, Spread says, three milliseconds matters.

Spread offers guaranteed latency on its dark fiber product of no more than 13.33 milliseconds. Its managed wave product is guaranteed at no more than 15.75 milliseconds. It says competitors’ routes between Chicago and New York range from 16 to 20 milliseconds. We don’t know if Spread will succeed financially. But Spread is yet another demonstration that latency is of enormous and increasing importance. From entertainment to finance to medicine, the old saw is truer than ever: time is money. It can even mean life or death.

A policy implication arises. The Spread service is, of course, a form a “paid prioritization.” Companies are paying “eight to 10 times the going rate” to get their bits where they want them, when they want them.5 It is not only a demonstration of the heroic technical feats required to increase the power and diversity of our networks. It is also a prime example that numerous network users want to and will pay money to achieve better service.

One way to achieve better service is to deploy more capacity on certain links. But capacity is not always the problem. As Spread shows, another way to achieve better service is to build an entirely new 750-mile fiber route through mountains to minimize laser light delay. Or we might deploy a network of server caches that store non-realtime data closer to the end points of networks, as many Content Delivery Networks (CDNs) have done. But when we can’t build a new fiber route or store data – say, when we need to get real-time packets from point to point over the existing network – yet another option might be to route packets more efficiently with sophisticated QoS technologies. Each of these solutions fits a particular situation. They take advantage of, or submit to, the technological and economic trade-offs of the moment or the era. They are all legitimate options. Policy simply must allow for the diversity and flexibility of technical and economic options – including paid prioritization – needed to manage networks and deliver value to end-users.

Depending on how far the FCC is willing to take these misguided restrictions, it could actually lead to the very outcomes most reviled by “open Internet” fanatics — that is, more industry concentration, more “walled gardens,” more closed networks. Here’s how I described the possible effect of restrictions on the important voluntary network management tools and business partnerships needed to deliver robust multimedia services:

There has also been discussion of an exemption for “specialized services.” Like wireless, it is important that such specialized services avoid the possible innovation-sapping effects of a Net Neutrality regulatory regime. But the Commission should consider several unintended consequences of moving down the path of explicitly defining, and then exempting, particular “specialized” services while choosing to regulate the so-called “basic,” “best-effort,” or “entry level” “open Internet.”

Regulating the “basic” Internet but not “specialized” services will surely push most of the network and application innovation and investment into the unregulated sphere. A “specialized” exemption, although far preferable to a Net Neutrality world without such an exemption, would tend to incentivize both CAS providers and ISPs service providers to target the “specialized” category and thus shrink the scope of the “open Internet.”

In fact, although specialized services should and will exist, they often will interact with or be based on the “basic” Internet. Finding demarcation lines will be difficult if not impossible. In a world of vast overlap, convergence, integration, and modularity, attempting to decide what is and is not “the Internet” is probably futile and counterproductive. The very genius of the Internet is its ability to connect to, absorb, accommodate, and spawn new networks, applications and services. In a great compliment to its virtues, the definition of the Internet is constantly changing. Moreover, a regime of rigid quarantine would not be good for consumers. If a CAS provider or ISP has to build a new physical or logical network, segregate services and software, or develop new products and marketing for a specifically defined “specialized” service, there would be a very large disincentive to develop and offer simple innovations and new services to customers over the regulated “basic” Internet. Perhaps a consumer does not want to spend the extra money to jump to the next tier of specialized service. Perhaps she only wants the service for a specific event or a brief period of time. Perhaps the CAS provider or ISP can far more economically offer a compelling service over the “basic” Internet with just a small technical tweak, where a leap to a full-blown specialized service would require more time and money, and push the service beyond the reach of the consumer. The transactions costs of imposing a “specialized” quarantine would reduce technical and economic flexibility on both CAS providers and ISPs and, most crucially, on consumers.

Or, as we wrote in our previous Reply Comments about a related circumstance, “A prohibition of the voluntary partnerships that are likely to add so much value to all sides of the market – service provider, content creator, and consumer – would incentivize the service provider to close greater portions of its networks to outside content, acquire more content for internal distribution, create more closely held ‘managed services’ that meet the standards of the government’s ‘exclusions,’ and build a new generation of larger, more exclusive ‘walled gardens’ than would otherwise be the case. The result would be to frustrate the objective of the proceeding. The result would be a less open Internet.”

It is thus possible that a policy seeking to maintain some pure notion of a basic “open Internet” could severely devalue the open Internet the Commission is seeking to preserve.

All this said, the FCC’s legal standing is so tenuous and this order so rooted in reasoning already rejected by the courts, I believe today’s Net Neutrality rule will be overturned. Thus despite the numerous substantive and procedural errors committed on this “darkest day of the year,” I still expect the Internet to “survive and thrive.”

See my analysis of the FCC’s new “net neutrality” policy at RealClearMarkets:

Despite the Federal Communications Commission’s “net neutrality” announcement this week, the American Internet economy is likely to survive and thrive. That’s because the new proposal offered by FCC chairman Julius Genachowski is lacking almost all the worst ideas considered over the last few years. No one has warned more persistently than I against the dangers of over-regulating the Internet in the name of “net neutrality.”

In a better world, policy makers would heed my friend Andy Kessler’s advice to shutter the FCC. But back on earth this new compromise should, for the near-term at least, cap Washington’s mischief in the digital realm.

. . .

The Level 3-Comcast clash showed what many of us have said all along: “net neutrality” was a purposely ill-defined catch-all for any grievance in the digital realm. No more. With the FCC offering some definition, however imperfect, businesses will now mostly have to slug it out in a dynamic and tumultuous technology arena, instead of running to the press and politicians.

If it’s true, as Nick Schulz notes, that FCC Commissioner Copps and others really think Chairman Genachowski’s proposal today “is the beginning . . . not the end,” then all bets are off. The whole point is to relieve the overhanging regulatory threat so we can all move forward. More — much more, I suspect — to come . . . .

The FCC appears to have taken the worst proposals for regulating the Internet off the table. This is good news for an already healthy sector. And given info-tech’s huge share of U.S. investment, it’s good news for the American economy as a whole, which needs all the help it can get.

In a speech this morning, FCC chair Julius Genachowski outlined a proposal he hopes the other commissioners will approve at their December 21 meeting. The proposal, which comes more than a year after the FCC issued its Notice of Proposed Rule Making into “Preserving the Open Internet,” appears mostly to codify the “Four Principles” that were agreed to by all parties five years ago. Namely:

• No blocking of lawful data, websites, applications, services, or attached devices.
• Transparency. Consumers should know what the services and policies of their providers are, and what they mean.
• A prohibition of “unreasonable discrimination,” which essentially means service providers must offer their products at similar rates and terms to similarly situated customers.
• Importantly, broadband providers can manage their networks and use new technologies to provide fast, robust services. Also, there appears to be even more flexibility for wireless networks, though we don’t yet know the details.

(All the broad-brush concepts outlined today will need closer scrutiny when detailed language is unveiled, and as with every government regulation, implementation and enforcement can always yield unpredictable results. One also must worry about precedent and a new platform for future regulation. Even if today’s proposal isn’t too harmful, does the new framework open a regulatory can of worms?)

So, what appears to be off the table? Most of the worst proposals that have been flying around over the last year, like . . .

• Reclassification of broadband as an old “telecom service” under Title II of the Communications Act of 1934, which could have pierced the no-government seal on the Internet in a very damaging way, unleashing all kinds of complex and antiquated rules on the modern Net.
• Price controls.
• Rigid nondiscrimination rules that would have barred important network technologies and business models.
• Bans of quality-of-service technologies and techniques (QoS), tiered pricing, or voluntary relationships between ISPs and content/application/service (CAS) providers.
• Open access mandates, requiring networks to share their assets.

Many of us have long questioned whether formal government action in this arena is necessary. The Internet ecosystem is healthy. It’s growing and generating an almost dizzying array of new products and services on diverse networks and devices. Communications networks are more open than ever. Facebook on your BlackBerry. Netflix on your iPad. Twitter on your TV. The oft-cited world broadband comparisons, which say the U.S. ranks 15h, or even 26th, are misleading. Those reports mostly measure household size, not broadband health. Using new data from Cisco, we estimate the U.S. generates and consumes more network traffic per user and per capita than any nation but South Korea. (Canada and the U.S. are about equal.) American Internet use is twice that of many nations we are told far outpace the U.S. in broadband. Heavy-handed regulation would have severely depressed investment and innovation in a vibrant industry. All for nothing.

Lots of smart lawyers doubt the FCC has the authority to issue even the relatively modest rules it outlined today. They’re probably right, and the question will no doubt be litigated (yet again), if Congress does not act first. But with Congress now divided politically, the case remains that Mr. Genachowski’s proposal is likely the near-term ceiling on regulation. Policy might get better than today’s proposal, but it’s not likely to get any worse. From what I see today, that’s a win for the Internet, and for the U.S. economy.

— Bret Swanson

The FCC’s apparent about-face on Net Neutrality is really perplexing.

Over the past few weeks it looked like the Administration had acknowledged economic reality (and bipartisan Capitol Hill criticism) and turned its focus to investment and jobs. Outgoing NEC Director Larry Summers and Commerce Secretary Gary Locke announced a vast expansion of available wireless spectrum, and FCC chairman Julius Genachowski used his speech to the NARUC state regulators to encourage innovation and employment. Gone were mentions of the old priorities — intrusive new regulations such as Net Neutrality and Title II reclassification of modern broadband as an old telecom service. Finally, it appeared, an already healthy and vibrant Internet sector could stop worrying about these big new government impositions — and years of likely litigation — and get on with building the 21st century digital infrastructure.

But then came word at the end of last week that the FCC would indeed go ahead with its new Net Neutrality regs. Perhaps even issuing them on December 22, just as Congress and the nation take off for Christmas vacation [the FCC now says it will hold its meeting on December 15]. When even a rare  economic sunbeam is quickly clouded by yet more heavy-handedness from Washington, is it any wonder unemployment remains so high and growth so low?

Any number of people sympathetic to the economy’s and the Administration’s plight are trying to help. Last week David Leonhardt of the New York Times pointed the way, at least in a broad strategic sense: “One Way to Trim the Deficit: Cultivate Growth.” Yes, economic growth! Remember that old concept? Economist and innovation expert Michael Mandel has suggested a new concept of “countercyclical regulatory policy.” The idea is to lighten regulatory burdens to boost growth in slow times and then, later, when the economy is moving full-steam ahead, apply more oversight to curb excesses. Right now, we should be lightening burdens, Mandel says, not imposing new ones:

it’s really a dumb move to monkey with the vibrant and growing communications sector when the rest of the economy is so weak. It’s as if you have two cars — one running, one in the repair shop — and you decide it’s a good time to rebuild the transmission of the car that actually works because you hear a few squeaks.

Apparently, FCC honchos met with interested parties this morning to discuss what comes next. Unfortunately, at a time when we need real growth, strong growth, exuberant growth! (as Mandel would say), the Administration appears to be saddling an economy-lifting reform (wireless spectrum expansion) with leaden regulation. What’s the point of new wireless spectrum if you massively devalue it with Net Neutrality, open access, and/or Title II?

One step forward, two steps back (ten steps back?) is not an exuberant growth and jobs strategy.

Scott Sumner is an original economic thinker and a particular expert in monetary affairs. So I sat upright when I saw his skeptical reply to the QE2 Skeptics.

Early this week a host of high-profile economists, investors, and thinkers, under the e21 banner, issued an understated but unusually critical “open letter to Ben Bernanke.” They urged him to abandon the $600 billion QE2 strategy, warning of uncertain but possibly very large downside risks compared to little reward even in the unlikely case it works.

Sumner, who favors a concept he calls NGDP (nominal GDP) targeting, says the Fed isn’t trying to spur inflation. It’s trying to boost national income. And who could be opposed to that?

Sumner says the Fed can move the AD (aggregate demand) curve to the right. “Whether that extra spending shows up as inflation or real growth,” he acknowledges, “is of course an important issue.” A very important issue. But critics of QE2 and the broader existing Fed framework aren’t necessarily worried about short-term inflation of the CPI type. No, we are worried about sinking Fed credibility, dollar debasement, possible asset bubbles, and international turmoil. And, yes, possible inflation down the road.

I think Sumner ignores a couple important factors that argue against the simple equation that more Fed easing yields a significant and quantifiable higher level of NGDP, and more importantly RGDP.

First, the transmission mechanism whereby increased bank reserves become credit isn’t working well. A trillion dollars of excess reserves sit on U.S. bank balance sheets. Small and medium sized businesses have found access to loans difficult. Consumers, too, even with historically low mortgage and personal loan rates, have not necessarily been able to access credit because of tighter lending standards and retrenched credit cards and home equity lines. If QE2 merely increases excess reserves further, without a more effective way to boost the supply and demand of actual credit, I don’t think the Monetary Ease –> More NGDP equation is so clear. A further complication: Large companies and the federal government find credit at historically low rates abundant and accessible. But this begs the second problem with the simple Ease –> NGDP equation.

In a world of closed economies, Sumner’s view that U.S. QE would directly translate into more U.S. AD (or his preferred national income) might work, at least temporarily. But we don’t live in a closed economy. Or as Robert Mundell long ago said, “There is only one closed economy — the world economy.” Companies, hedge funds, and other global entities can borrow cheap dollars and then go find opportunities across the globe.

An example is this Nov. 17 Bloomberg story: “Bernanke’s ‘Cheap Money’ Stimulus Spurs Corporate Investment Outside U.S.”

Southern Copper Corp., a Phoenix- based mining company that boasts some of the industry’s largest copper reserves, plans to invest $800 million this year in projects such as a new smelter and a more efficient natural-gas furnace.

Such spending sounds like just what the Federal Reserve had in mind in 2008 when it cut interest rates to near zero and started buying $1.7 trillion in securities to spur job growth. Yet Southern Copper, which raised $1.5 billion in an April debt offering, will use that money at its mines in Mexico and Peru, not the U.S., said Juan Rebolledo, spokesman for parent Grupo Mexico SAB de CV of Mexico City.

Southern Copper’s plans illustrate why the Fed’s second round of bond buying may not reduce unemployment, which has stalled near a 26-year high.

Or as Richard Fisher, CEO of the Dallas Federal Reserve Bank, said in an October 19 speech:

I have begun to wonder if the monetary accommodation we have already engineered might even be working in the wrong places.

I’m all for companies investing in the best opportunities around the globe. And some of that investment may benefit the companies’ American assets or workforce in direct or indirect ways over time. But that kind of long-term symbiotic growth is not what the Fed is aiming for or says it’s doing with QE2. When the Fed specifically targets the short-term U.S. economy and ends up pushing money overseas, that’s a direct failure of the mission. I believe the Fed should concentrate more on the dollar’s value as the world’s key reserve currency. But here we have a case of arbitrage — getting weak dollars the heck out of the country. We can see that much of ROW is growing faster than the U.S.

Beyond these transmission and international factors, it’s clear that Fed policy — now that we are beyond the panic of 2008-09 when Bernanke and Co. rightly filled an emergency monetary hole — is fueling the growth of government and giving Washington an excuse to continue with counterproductive anti-growth fiscal and regulatory policies.

Sumner tries to addresses this criticism:

7.  “Won’t monetary stimulus just paper over the failures of the Obama administration, allowing him to get re-elected?”

That’s an argument unworthy of principled conservatives.  After 30 years of major neoliberal reforms all over the world (even in Sweden!) it’s time for conservatives to become less defeatist about the possibility of making positive improvements in governance.  We need to do the right thing, and let the political chips fall where they may.  If monetary stimulus is tried, and succeeds in boosting NGDP (which even conservatives implicitly acknowledge can happen when they worry about inflation) then it would drive a stake through the heart of the Krugmanite fiscal stimulus argument (for future recessions.)

I think Sumner misses the point. Fed critics should of course root for the success of Bernanke and our other economic policymakers. But it’s not the case that QE2 is objectively the “right thing” and all critics are opposing it for political reasons. If critics think it is the wrong monetary policy — with the additional ominous factor that it is aiding and abetting (“papering over”) a harmful fiscal and regulatory path — then they are not required to bite their lips and “let the political chips fall where they may” as the economy continues to limp along. If mere monetary policy could solve all the world’s problems, then Mao’s China could have succeeded so long as Beijing printed enough money. That’s a severe reference, an exaggeration to make a point. But Bernanke himself has stated that the Fed cannot do everything, and it’s crystal clear historically that central banks often cause more problems than they cure, often when they are trying to compensate for other poisonous policies.

Despite the sluggish economy and these disagreements, I’m encouraged we are finally having a real, national (international!) debate over monetary policy — one I’ve urged for a long time. And I look forward to further offerings from Sumner . . . and many others.

Adam Thierer nicely dissects a bunch of really sloppy arguments by Tim Wu, author of a new book on information industries called The Master Switch. (Scroll down to the comments section.)

Libertarians do NOT believe everything will be all sunshine and roses in a truly free marketplace. There will indeed be short term spells of what many of us would regard as excessive market power. The difference between us comes down to the amount of faith we would place in government actors versus market forces / evolution to better solve that problem. Libertarians would obviously have a lot more patience with markets and technological change, and would be willing to wait and see how things work out. We believe, as I have noted in my previous responses, that it’s often during what critics regard as a market’s darkest hour that innovation is producing some of the most exciting technologies with the greatest potential to disrupt the incumbents whose “master switch” you fear. Again, we are simply more bullish on what I have called experimental, evolutionary dynamism. Innovators and entrepreneurs don’t sit still; they respond to incentives, and for them, short-term spells of “market power” are golden opportunities. Ultimately, that organic, bottom-up approach to addressing “market power” or “market failure” simply makes a lot more sense to us – especially because it lacks the coercive element that your approach would bring to bear preemptively to solve such problems.

For Adam’s comprehensive six-part review of the book, go here.

With its new converged messaging service announced today, Facebook took several more steps toward David Gelernter’s Lifestreams concept, first outlined in the mid- to late-1990s. See an old Yale web page on the topic, the newer Lifestream blog, and a 2009 interview with Gelernter. A lifestream is bascially a digital representation of your life — all the communications, documents, photos, blips, bleeps, and bits that come and go . . . arranged in chronological order as a never-ending river of searchable information. Google’s Gmail was the first popular application/service that hinted at the Lifestream ideal. Facebook — with its “seamless messaging,” “conversation history,” and “social inbox” — now moves further with the integration of email, text, IM, and attachments in never ending streams, accessible on any device.

The Federal Reserve plan to buy an additional $600 billion in longer term securities — known as QE2 — is taking flak domestically and from around the world. And rightly so, in my view. Check out e21’s understated but highly critical open letter to Ben Bernanke from a group of economists, investors, and thinkers.

But in some ways, QE2 is nothing new. Yes, it is a departure from the traditional Fed purchases of only very short-term securities. And yes, it could lead to all the problems of which its new critics warn. But this is just the latest round in a long series of mistakes. The new worries are possible currency debasement, inflation, asset bubbles, international turmoil, and avoidance of the real burdens on the U.S. economy — namely fiscal and regulatory policy. These worries are real. But this would be a replay of what already happened in the lead up to the 2008 Panic. Or the 1998 Asian Flu. Or the 2000 U.S. crash.

Here was my warning to the Fed in The Wall Street Journal in 2006:

It is these periods of transition, where the value of the currency is changing fast, but before price changes filter through all commerce and contracts, when financial and political disruptions often take place.

That was two years before a Very Big Disruption. (I followed up with another monetary critique in the WSJ here.)

But over the last few decades, there was no common critique of monetary policy among conservatives, Republicans, libertarians, supply-siders, nor among Democrats, liberals, or Keynesians, etc. (Take your pick of labels: the point is there was no effective coalition with any hope of altering the American monetary status quo. There were, for example, just as many Republican backers of Greenspan/Bernanke, and of America’s weak-dollar policy, as there were detractors.) A silver lining today is that QE2 appears to have united and galvanized a broad and thoughtful opposition to the existing monetary regime. Hopefully these events can spur deeper thinking about a new American — and international — monetary policy that can build a firmer foundation for global financial stability and economic growth.

Columbia’s Charles Calomiris discusses his opposition to the Fed’s QE2

In a new white paper:

We believe that large clouds could one day deliver computing power at up to 80% lower cost than small clouds.  This is due to the combined effects of three factors:supply-sideeconomies of scale which allow large clouds to purchase and operate infrastructure cheaper; demand-sideeconomies of scale which allow large clouds to run that infrastructure more efficiently by pooling users; and multi-tenancy which allows users to share an application, splitting the cost of managing that application.

NetFlix is moving its content delivery platform from Akamai back to Level 3. Level 3 is adding 2.9 terabits per second of new capacity specifically to support NetFlix’s booming movie streaming business.

In what may be the final round of comments in the Federal Communications Commission’s Net Neutrality inquiry, I offered some closing thoughts, including:

• Does the U.S. really rank 15th — or even 26th — in the world in broadband? No.
• The U.S. generates and consumes substantially more IP traffic per Internet user and per capita than any other region of the world.
• Among individual nations, only South Korea generates significantly more IP traffic than the U.S. (Canada and the U.S. are equal.)
• U.S. wired and wireless broadband networks are among the world’s most advanced, and the U.S. Internet ecosystem is healthy and vibrant.
• Latency is increasingly important, as demonstrated by a young company called Spread Networks, which built a new optical fiber route from Chicago to New York to shave mere milliseconds off the existing fastest network offerings. This example shows the importance — and legitimacy — of “paid prioritization.”
• As we wrote: “One way to achieve better service is to deploy more capacity on certain links. But capacity is not always the problem. As Spread shows, another way to achieve better service is to build an entirely new 750-mile fiber route through mountains to minimize laser light delay. Or we might deploy a network of server caches that store non-realtime data closer to the end points of networks, as many Content Delivery Networks (CDNs) have done. But when we can’t build a new fiber route or store data — say, when we need to get real-time packets from point to pointover the existing network — yet another option might be to route packets more efficiently with sophisticated QoS technologies.”
• Exempting “wireless” from any Net Neutrality rules is necessary but not sufficient to protect robust service and innovation in the wireless arena.
• “The number of Wi-Fi and femtocell nodes will only continue to grow. It is important that they do, so that we might offload a substantial portion of traffic from our mobile cell sites and thus improve service for users in mobile environments. We will expect our wireless devices to achieve nearly the robustness and capacity of our wired devices. But for this to happen, our wireless and wired networks will often have to be integrated and optimized. Wireline backhaul — whether from the cell site or via a residential or office broadband connection — may require special prioritization to offset the inherent deficiencies of wireless. Already, wireline broadband companies are prioritizing femtocell traffic, and such practices will only grow. If such wireline prioritization is restricted, crucial new wireless connectivity and services could falter or slow.”
• The same goes for “specialized services,” which some suggest be exempted from new Net Neutrality regulations. Again, necessary but not sufficient.
• “Regulating the ‘basic’ Internet but not ’specialized’ services will surely push most of the network and application innovation and investment into the unregulated sphere. A ’specialized’ exemption, although far preferable to a Net Neutrality world without such an exemption, would tend to incentivize both CAS providers and ISPs service providers to target the ’specialized’ category and thus shrink the scope of the ‘open Internet.’ In fact, although specialized services should and will exist, they often will interact with or be based on the ‘basic’ Internet. Finding demarcation lines will be difficult if not impossible. In a world of vast overlap, convergence, integration, and modularity, attempting to decide what is and is not ‘the Internet’ is probably futile and counterproductive. The very genius of the Internet is its ability to connect to, absorb, accommodate, and spawn new networks, applications and services. In a great compliment to its virtues, the definition of the Internet is constantly changing.”

“What’s the right policy toward China? They put a few trillion dollars worth of stuff on boats and sent it to us in exchange for U.S. government bonds. Those bonds lost a lot of value when the dollar fell relative to the euro and other currencies. Then they put more stuff on boats and took in ever more dubious debt in exchange. We’re in the process of devaluing again. The Chinese government’s accumulation of U.S. debt represents a tragic investment decision, not a currency-manipulation effort. The right policy is flowers and chocolates, or at least a polite thank-you note.”

— John H. Cochrane, October 26, 2010

“The upside of QE is limited. The money simply won’t go to where it’s needed, and the wealth effects are too small. The downside is a risk of global volatility, a currency war, and a global financial market that is increasingly fragmented and distorted. If the U.S. wins the battle of competitive devaluation, it may prove to be a pyrrhic victory, as our gains come at the expense of others—including those to whom we hope to export.”

— Joseph Stiglitz, October 23, 2010

“The whole idea of having a free trade area when you have gyrating exchange rates doesn’t make sense at all. It just spoils the effect of any kind of free trade agreement . . . .”

“Fixed exchange rates operate between California and New York . . . .”

“These currencies should be fixed, as they were under Bretton Woods or the gold standard. All this unnecessary noise, unnecessary uncertainty; it just confuses the ability to evaluate market prices.”

— Robert Mundell, October 16, 2010

Each time the China currency issue erupts, I like to repost my articles on the topic:

“Geithner is Exactly Wrong on China Trade” – The Wall Street Journal. January 26, 2009.

“An End to Currency Manipulation” – Far Eastern Economic Review. March 26, 2008.

“The Elephant in the Barrel” – The Wall Street Journal. August 12, 2006.

“Money and the Middle Kingdom” – September 24, 2003.

New numbers from Cisco allow us to update our previous comparison of actual Internet usage around the world. We think this is a far more useful metric than the usual “broadband connections per 100 inhabitants” used by the OECD and others to compile the oft-cited world broadband rankings.

What the per capita metric really measures is household size. And because the U.S. has more people in each household than many other nations, we appear worse in those rankings. But as the Phoenix Center has noted, if each OECD nation reached 100% broadband nirvana — i.e., every household in every nation connected — the U.S. would actually fall from 15th to 20th. Residential connections per capita is thus not a very illuminating measure.

But look at the actual Internet traffic generated and consumed in the U.S.

The U.S. far outpaces every other region of the world. In the second chart, you can see that in fact only one nation, South Korea, generates significantly more Internet traffic per user than the U.S. This is no surprise. South Korea was the first nation to widely deploy fiber-to-the-x and was also the first to deploy 3G mobile, leading to not only robust infrastructure but also a vibrant Internet culture. The U.S. dwarfs most others.

If the U.S. was so far behind in broadband, we could not generate around twice as much network traffic per user compared to nations we are told far exceed our broadband capacity and connectivity. The U.S. has far to go in a never-ending buildout of its communications infrastructure. But we invest more than other nations, we’ve got better broadband infrastructure overall, and we use broadband more — and more effectively (see the Connectivity Scorecard and The Economist’s Digital Economy rankings) — than almost any other nation.

The conventional wisdom on this one is just plain wrong.

“Since the financial panic began in 2008, global leaders have been at pains to stress their ‘cooperation’ on numerous issues—stimulus spending, new bank rules, trade. Yet they still insist on going their own parochial, self-interested way on monetary policy and exchange rates. It’s as if world leaders had consciously decided to deal with every economic issue except the most important one—the price of the global medium of economic exchange.”

— The Wall Street Journal, October 1, 2010

Scott Grannis on the “bond bubble” conundrum.

Thomas Cooley and Lee Ohanian on “Lessons from the Depression.”

Tim Carney on the real Republican divide.

Raghu Rajan’s Fault Lines is perhaps the most thoughtful book on the financial crisis, and now Professor Rajan is continuing his incisive analysis at a U. Chicago blog. Here, he defends his own criticism of the Fed’s ultra-easy monetary (both leading up to the crisis and again today) against Paul Krugman’s crude Keynesianism.

Some excerpts:

Before saying the real problem is we are not providing enough monetary stimulus, should we not worry about why corporations did not invest then and what other problems will emerge as we  keep rates ultra-low while hoping corporations will see the light?

. . .

If the government raised taxes explicitly to provide the interest subsidy, everyone would scrutinize the use this money was being put to carefully. Because the Fed picks investors’ pockets silently and forcibly through its ability to set the short term interest rate, no one asks questions about cost.

. . .

Of course, the Fed now disingenuously claims that the worst excesses in the housing market were committed when it had already started raising rates, and therefore it is not responsible for the housing boom. But it was complicit in setting off the boom by keeping interest rates too low for too long before then!

I may disagree with Rajan’s take on “global imbalances” (as I wrote about here) but nevertheless think he has become one of the smartest academic analysts of today’s confusing economic landscape.

Congratulations to my friend Ryan Kitchell for a stellar run as Indiana OMB director. Ryan and his team, working under the nation’s best governor, Mitch Daniels, achieved seemingly miraculous results in a brutal economic environment. Thanks from Hoosier taxpayers for your smarts, persistence, and all the effort and overtime. Chris Ruhl and team will now carry on the torch.

See the Indy Star article or Ryan’s cameo in this Weekly Standard story.

“I’m waiting for Spain to melt down the World Cup to pay off its debts, or more seriously, real defaults from Spain, Greece and maybe California and New York. Let’s get on with it and put the structural reforms behind us. That would be a true buy signal.”

— Andy Kessler, July 16, 2010

See our new commentary in RealClearMarkets looking beyond the Google-China dustup: “The Internet is the U.S./China’s new Dollar/Yuan.”

Growing up in Indiana, John Wooden was more than UCLA’s great basketball coach. He was a state legend. High school champ at Martinsville. College national champ and three-time all-American at Purdue. And then coach of South Bend Central High and of Indiana State — all before leaving for Los Angeles in 1948.

Although best known for his 10 national championships in a 12-year span at UCLA, in Indiana — at least in my little world — he was better known as a gentleman, a teacher, a leader. That’s what our fathers and coaches — and my grandfather who was captain of the Indiana University basketball team in 1942-43 — told us.

Later, when I met my wife, I learned she had attended the same tiny grammar school as John Wooden — Centerton Elementary. She had also, no doubt like so many other Hoosier students, written her eighth grade term paper about him. She loved him not for his basketball savvy but for his character.

Upon Wooden’s graduation from Centerton, his father Joshua’s gift to him was a list of maxims:

Be true to yourself. Make each day a masterpiece. Help others. Drink deeply from good books. Make friendship a fine art. Build a shelter against a rainy day.

Wooden kept the list with him for the rest of his life. Literally, and figuratively. He lived the list.

UPDATE: See this wonderful remembrance from Rich Karlgaard noting the “astonishing” parallel lives of John Wooden and Ronald Reagan.

A good conversation between Harry McCracken of Technologizer and Bob Wright of bloggingheads.tv. Topics include Apple’s ascent (and world domination?); iPhone vs. Android; whither Microsoft; Facebook’s privacy flub; etc.

“A currency union is strongest without fiscal union.”

— John H. Cochrane, May 18, 2010, in a terrific commentary on the Greek crisis and the European Union

See our commentary at Forbes.com, responding to Revision3 CEO Jim Louderback’s calls for Internet regulation.

What we have here is “mission creep.” First, Net Neutrality was about an “open Internet” where no websites were blocked or degraded. But as soon as the whole industry agreed to these perfectly reasonable Open Web principles, Net Neutrality became an exercise in micromanagement of network technologies and broadband business plans. Now, Louderback wants to go even further and regulate prices. But there’s still more! He also wants to regulate the products that broadband providers can offer.

“My guess is that the euro will survive, but no one will trust it like they used to. At the end of the day, it’s an entitlement problem. In Greece, the public sector makes up 40% or more of the work force, with short weeks, lots of vacation and lavish retirement benefits. All of that needs to be paid for with real income, not debt, and the markets are anticipating the day of reckoning. One can only hope European policy makers listen to the market. I wonder if California and Medicare are taking notes.”

— Andy Kessler, May 8, 2010

Here were my comments in the FCC’s Notice of Proposed Rule Making on “Preserving the Open Internet” — better known as “Net Neutrality”:

A Net Neutrality regime will not make the Internet more “open.” The Internet is already very open. More people create and access more content and applications than ever before. And with the existing Four Principles in place, the Internet will remain open. In fact, a Net Neutrality regime could close off large portions of the Internet for many consumers. By intruding in technical infrastructure decisions and discouraging investment, Net Neutrality could decrease network capacity, connectivity, and robustness; it could increase prices; it could slow the cycle of innovation; and thus shut the window to the Web on millions of consumers. Net Neutrality is not about openness. It is far more accurate to say it is about closing off experimentation, innovation, and opportunity.

See our new CircleID commentary on the China-Google dustup and its implications for an open Internet:

China is nowhere near closing for business as it did five centuries ago. One doubts, however, that the Ming emperor knew he was dooming his people for the next couple hundred years, depriving them of the goods and ideas of the coming Industrial Revolution. China’s present day leaders know this history. They know technology. They know turning away from global trade and communication would doom them far more surely than would an open Internet.

Akamai announced a record peak in traffic volume on its content delivery network on April 9.

In addition to reaching a milestone for peak traffic served this past Friday, the Akamai network also hit a new peak during the same day for video streaming, as well as a near high for total requests served.

• With online interest in major sporting events – including professional golf and baseball – helping to drive the surge in demand, Akamai delivered its largest ever traffic for high definition video streaming.
• Over the course of the day, Akamai logged over 500 billion requests for content, a sum equal to serving content to every human once every 20 minutes
• At peak, Akamai supported over 12 million requests per second – a rate roughly equivalent to serving content to the entire population of the United States every 30 seconds.

After yesterday’s federal court ruling against the FCC’s overreaching net neutrality regulations, which we have dedicated considerable time and effort combatting for the last seven years, Holman Jenkins says it well:

Hooray. We live in a nation of laws and elected leaders, not a nation of unelected leaders making up rules for the rest of us as they go along, whether in response to besieging lobbyists or the latest bandwagon circling the block hauled by Washington’s permanent “public interest” community.

This was the reassuring message yesterday from the D.C. Circuit Court of Appeals aimed at the Federal Communications Commission. Bottom line: The FCC can abandon its ideological pursuit of the “net neutrality” bogeyman, and get on with making the world safe for the iPad.

The court ruled in considerable detail that there’s no statutory basis for the FCC’s ambition to annex the Internet, which has grown and thrived under nobody’s control.

. . .

So rather than focusing on new excuses to mess with network providers, the FCC should tackle two duties unambiguously before it: Figure out how to liberate the nation’s wireless spectrum (over which it has clear statutory authority) to flow to more market-oriented uses, whether broadband or broadcast, while also making sure taxpayers get adequately paid as the current system of licensed TV and radio spectrum inevitably evolves into something else.

Second: Under its media ownership hat, admit that such regulation, which inhibits the merger of TV stations with each other and with newspapers, is disastrously hindering our nation’s news-reporting resources and brands from reshaping themselves to meet the opportunities and challenges of the digital age. (Willy nilly, this would also help solve the spectrum problem as broadcasters voluntarily redeployed theirs to more profitable uses.)

For years we’ve been talking about the need for more wireless bandwidth, more spectrum, and a host of creative new strategies to complement our mobile phone networks — from familiar Wi-Fi to more exotic femtocells and satellites. The continuing explosion of mobile data traffic means we need these things now more than ever. In the graph below, Cisco projects 120% compound annual growth in North American mobile data from 2009 through 2013.

The Federal Communications Commission recognized these trends and needs in its new National Broadband Plan. It set the bold goal of unleashing 500 MHz of mostly dormant wireless spectrum for more productive use in new broadband Internet and media applications.

On March 29, the FCC had a chance to begin putting its Plan into action when it approved the acquisition of SkyTerra by Harbinger Capital. The result of the merger is a new wireless company that will use both MSS satellite spectrum and so-called ATC terrestrial spectrum to deliver a new hybrid mobile service. Harbinger announced it would build a nationwide, wholesale, “open access” 4G broadband wireless network at the cost of $6 billion. Although not part of the FCC’s 500 MHz push, the new Harbinger strategy aligns nicely with the goal of more, better, and broader wireless access and options throughout the country (in this case, Canada, too).

But the FCC order, which was not voted by the full commission but issued by the bureau chiefs, contains two curious provisions. The provisions restrict Harbinger’s cooperation with two important mobile service providers and could hinder the very goal of extending more wireless coverage to more Americans. Read the rest of this entry »

“Architects of the legislation that binds the nation’s communications infrastructure in the year 2010 were born in the 1870s and 1880s. There is talk today in Washington about categorizing technologies and platforms developed in the 21st century under different Titles of legislation written by people born in the 19th century. We don’t need to jettison all the wisdom of the ancients, but perhaps there’s a better way?”

— Nick Shulz, at the Enterprise Blog, March 25, 2010

With the release of the FCC’s National Broadband Plan, we continue to hear all sorts of depressing stories about the sorry state of American broadband Internet access. But is it true?

International comparisons in such a fast-moving arena as tech and communications are tough. I don’t pretend it is easy to boil down a hugely complex topic to one right answer, but I did have some critical things to say about a major recent report that got way too many things wrong. A new article by that report’s author singled out France as especially more advanced than the U.S. To cut through all the clutter of conflicting data and competing interpretations on broadband deployment, access, adoption, prices, and speeds, however, maybe a simple chart will help.

Here we compare network usage. Not advertised speeds, which are suspect. Not prices which can be distorted by the use of purchasing power parity (PPP). Not “penetration,” which is largely a function of income, urbanization, and geography. No, just simply, how much data traffic do various regions create and consume.

If U.S. networks were so backward — too sparse, too slow, too expensive — would Americans be generating 65% more network traffic per capita than their Western European counterparts?

Oh, wait, it’s 200 megabytes of hard “platter” storage circa 1970. You’ve got 80 of these in your iPhone.

(hat tip: Guy Kawasaki)

“If we determine that a dollar shall be our unit, we must then say with precision what a dollar is.”

— Thomas Jefferson, 1784, as quoted by Judy Shelton

With the China currency question once again in the news, I’m reposting my Wall Street Journal article from early 2009. (For a much longer treatment, see this paper.)

THE WALL STREET JOURNAL / January 26, 2009

Geithner Is Exactly Wrong on China Trade

The dollar-yuan link has been a great boon to world prosperity

by BRET SWANSON

Treasury Secretary-designate Tim Geithner’s charge that China “manipulates” its currency proves only one thing. Three decades after Deng Xiaoping’s capitalist rise, America’s misunderstanding of China remains a key source of our own crisis and socialist tilt.

The new consensus is that America failed to react to the building trade deficit with China and the global “savings glut,” which fueled our housing boom. A “passive” America allowed China to steal jobs from the U.S. while Americans binged with undervalued Chinese funny money.

This diagnosis is backwards. America did not underreact to the supposed Chinese threat. It overreacted. The problem wasn’t “global imbalances” but a purposeful dollar imbalance. Our weak-dollar policy, intended to pump up U.S. manufacturing and close the trade gap, backfired. Currency chaos led to a $30 trillion global crash, an energy shock, bank and auto failures, and possibly a new big government era. For globalization and American innovation to survive, we must first understand the Chinese story and our own monetary mistakes.

We’ve heard the refrain: China’s rapid growth was a mirage. China was stealing wealth by “manipulating” its currency. But in fact China’s rise was based on dramatic decentralization and sound money. Read the rest of this entry »

If you really want to understand the climate debate, you simply must read this book, by A.W. Montford, about a Canadian scientific detective named Steve McIntyre, who humbly but doggedly pursued the truth about the 1,000-year temperature reconstructions that generated the famed “hockey stick.”

The November 2009 email “hack” of Britain’s Climatic Research Unit that has generated so much recent news is only a brief epilogue. The real story happened day by day over the last decade as McIntyre, a retired mining engineer, and a his fellow Canadian Ross McKitrick, an economist, searched for, and then through, shabbily constructed data sets and magical algorithms, with surprising finds on almost every page.

As my friend George Gilder wrote:

The reader should know that the supposed email “scandal,” as described in the book, is in fact a rather trivial and even defensible part of the story. Few people are at their best in emails. What is shocking — and I use the word advisedly as a confirmed sceptic not easily shocked — is the so called science. I never imagined that it was quite this bad. It is shoddy beyond easy belief.

The hockey stick chart mostly reflects a defective algorithm that extends and inflates a few deceptive signals from as few as 20 cherry-picked trees in Colorado and Russia into a hockey stick chart that is replicated repeatedly through reshuffles of the same or similar defective and factitious data to capture and define two thousand years of climate history. These people simply had no plausible case and were pressed by their political sponsors to contrive a series of Potemkin charts.

Almost, but not quite, as surprising, was Montford’s narrative itself. Somehow he turned an esoteric battle over statistical methodology into a captivating “what happens next” mystery. British science writer Matt Ridley agreed:

Montford’s book is written with grace and flair. Like all the best science writers, he knows that the secret is not to leave out the details (because this just results in platitudes and leaps of faith), but rather to make the details delicious, even to the most unmathematical reader. I never thought I would find myself unable to put a book down because — sad, but true — I wanted to know what happened next in an r-squared calculation. This book deserves to win prizes.

Engrossing. Astonishing. Devastating.

Our new article at RealClearMarkets:

As Washington and the states pile up mountainous liabilities — $3 trillion for unfunded state pensions, $10 trillion in new federal deficits through 2019, and $38 trillion (or is it $50 trillion?) in unfunded Medicare promises — the U.S. needs once again to call on its chief strategic asset: radical innovation.

One laboratory of growth will continue to be the Internet. The U.S. began the 2000’s with fewer than five million residential broadband lines and zero mobile broadband. We begin the new decade with 71 million residential lines and 300 million portable and mobile broadband devices. In all, consumer bandwidth grew almost 15,000%.

Even a thriving Internet, however, cannot escape Washington’s eager eye. As the Federal Communications Commission contemplates new “network neutrality” regulation and even a return to “Title II” telephone regulation, we have to wonder where growth will come from in the 2010’s . . . .

“No moment in technology history has ever been more exciting or dangerous than now. The Internet is like a new computer running a flashy, exciting demo. We have been entranced by this demo for fifteen years. But now it is time to get to work, and make the Internet do what we want it to . . . .

“Practical business: who will win the tug of war between private machines and the Cloud? Will you store your personal information on your own personal machines, or on nameless servers far away in the Cloud, or both? Answer: in the Cloud. The Cloud (or the Internet Operating System, IOS — ‘Cloud 1.0′) will take charge of your personal machines. It will move the information you need at any given moment onto your own cellphone, laptop, pad, pod — but will always keep charge of the master copy. When you make changes to any document, the changes will be reflected immediately in the Cloud. Many parts of this service are available already.”

— David Gelernter, “Time to Start Taking the Internet Seriously”

Larry Downes, author of the excellent Laws of Disruption and a new colleague at the Tech Liberation Front, notes the proliferation of patent lawsuits in the mobile phone world and points toward this good graphic in the New York Times to help make his point, that “It’s both much worse and not as bad as it seems”:

“Only someone who has Asperger’s would read a subprime-mortgage-bond prospectus.”

— Dr. Mike Burry, in an excerpt of Michael Lewis’s new book The Big Short.

The Yo-Yos versus the Distavores. The HurriKeynes versus the Invisible Hands. And the team with more Monetary Madness appearances than any other — Stuff Happens. This was the scientific bracketology that determined the real cause of the Great Panic at the American Economic Association’s recent meetings:

(hat tip: David Warsh)

“…commercial real estate loans should not be marked down because the collateral value has declined.  It depends on the income from the property, not the collateral value.”

— Ben Bernanke, Feb. 24, 2009, finally, if tamely, acknowledging the crucial role of mark-to-market accounting in the financial death spiral.

(via Brian Wesbury)

Here’s a new exaflood metric for you — tweets per second.

From the Twitter blog:

Folks were tweeting 5,000 times a day in 2007. By 2008, that number was 300,000, and by 2009 it had grown to 2.5 million per day. Tweets grew 1,400% last year to 35 million per day. Today, we are seeing 50 million tweets per day—that’s an average of 600 tweets per second. (Yes, we have TPS reports.)

A number of interesting new articles and forums deal with our exaflood theme of the past few years.

“Striving to Map the Shape-Shifting Net” – by John Markoff – The New York Times – March 2, 2010

“Data, data, everywhere” – The Economist – Special Report on Managing Information – February 25, 2010

“Managing the Exaflood” – American Association for the Advancement of Science – February 19, 2010

“Professors Find Ways to Keep Heads Above ‘Exaflood’ of Data” – Wired Campus – The Chronicle of Higher Education – February 24, 2010

“The defenders of modern macroeconomics argue that if we just study the economy long enough, we’ll soon be able to model it accurately and design better policy. Soon. That reminds me of the permanent sign in the bar: Free Beer Tomorrow.

“We should face the evidence that we are no better today at predicting tomorrow than we were yesterday. Eighty years after the Great Depression we still argue about what caused it and why it ended.

“If economics is a science, it is more like biology than physics. Biologists try to understand the relationships in a complex system. That’s hard enough. But they can’t tell you what will happen with any precision to the population of a particular species of frog if rainfall goes up this year in a particular rain forest. They might not even be able to count the number of frogs right now with any exactness.

“We have the same problems in economics. The economy is a complex system, our data are imperfect and our models inevitably fail to account for all the interactions.

“The bottom line is that we should expect less of economists. Economics is a powerful tool, a lens for organizing one’s thinking about the complexity of the world around us. That should be enough. We should be honest about what we know, what we don’t know and what we may never know. Admitting that publicly is the first step toward respectability.”

— Russ Roberts, February 27, 2010

That’s the question I ask in this Huffington Post article today.

Among all the books, articles, and academic papers analyzing the financial meltdown, very few have pinpointed and exposed what I think was the accelerant that turned a problem into an all-out panic: namely, the zealous application of mark-to-market accounting beginning in the autumn of 2007. In this video, two of these very few — Brian Wesbury and Steve Forbes — discuss the meltdown, mark-to-market’s crucial role, and the stock market’s short and mid-term prospects. Wesbury and Forbes have also written two great books explaining the Great Panic, why it’s not as bad as you think, and how capitalism will save us.

Holman Jenkins today also picks up the theme of mark-to-market’s central role in the panic.

Wyoming wireless operator Brett Glass has 20 questions for the FCC on Net Neutrality. Some examples:

1. I operate a public Internet kiosk which, to protect its security and integrity, has no way for the user to insert or connect storage devices. The FCC’s policy statement says that a provider of Internet service must allow users to run applications of their choice, which presumably includes uploading and downloading. Will I be penalized if I do not allow file uploads and downloads on that machine?

4. I operate a wireless hotspot in my coffeehouse. I block P2P traffic to prevent one user from ruining the experience for my other customers. Do the FCC rules say that I must stop doing this?

6. I am a cellular carrier who offers Internet services to users of cell phones. Due to spectrum limitations, multimedia streaming by more than a few users would consume all of the bandwidth we have available not only for data but also for voice calls. May we restrict these protocols to avoid running out of bandwidth and to avoid disruption to telephone calls (some of which may be E911 calls or other urgent traffic)?

7. I am a wireless ISP operating on unlicensed spectrum. Because the bands are crowded and spectrum is scarce, I must limit each user’s bandwidth and duty cycle. Rather than imposing hard limits or overage charges, I would like to set an implicit limit by prohibiting P2P, with full disclosure that I am doing so. Is this permitted under the FCC’s rules?

14. I am an ISP that accelerates users’ Web browsing by rerouting requests for Web pages to a Web cache (a device which speeds up Web browsing, conceived by the same people who developed the World Wide Web) and then to special Internet connections which are asymmetrical (that is, they have more downstream bandwidth than upstream bandwidth). The result is faster and more economical Web browsing for our users. Will the FCC say that our network “discriminates” by handling Web traffic in this special way to improve users’ experience?

15. We are an ISP that improves the quality of VoIP by prioritizing VoIP packets and sending them through a different Internet connection than other traffic. This technique prevents users from experiencing problems with their telephone conversations and ensures that emergency calls will get through. Is this a violation of the FCC’s rules?

18. We’re an ISP that serves several large law offices as well as other customers. We are thinking of renting a direct  “fast pipe” to a legal research database to shorten the attorneys’ response times when they search the database. Would accelerating just this traffic for the benefit of these customers be considered “discrimination?”

19. We’re a wireless ISP. Most of our customers are connected to us using “point-to-multipoint” radios; that is, the customers’ connection share a single antenna at our end. However, some high volume customers ask to buy dedicated point-to-point connections to get better performance. Do these connections, which are engineered by virtually all wireless ISPs for high bandwidth customers, run afoul of the FCC’s rules against “discrimination?”

See our new commentary at CircleID:

The Internet has two billion global users, and the developing world is just hitting its growth phase. Mobile data traffic is doubling every year, and soon all four billion mobile phones will access the Net. In 2008, according to a new UC-San Diego study, Americans consumed over 3,600 exabytes of information, or an average of 34 gigabytes per person per day. Microsoft researchers argue in a new book, “The Fourth Paradigm,” that an “exaflood” of real-world and experimental data is changing the very nature of science itself. We need completely new strategies, they write, to “capture, curate, and analyze” these unimaginably large waves of information.

As the Internet expands, deepens, and thrives—growing in complexity and importance—managing this dynamic arena becomes an ever bigger challenge. Iran severs access to Twitter and Gmail. China dramatically restricts individual access to new domain names. The U.S. considers new Net Neutrality regulation. Global bureaucrats seek new power to allocate the Internet address space. All the while, dangerous “botnets” roam the Web’s wild west. Before we grab, restrict, and possibly fragment a unified Web, however, we should stop and think. About the Internet’s pace of growth. About our mostly successful existing model. And about the security and stability of this supreme global resource.

Excellent analysis of Google’s plan to build a few experimental fiber networks from my former colleague Barbara Esbin:

NetworkWorld reports that by constructing its own fiber network, Google “is trying to push its vision for how the Internet as a whole should operate.” I wish the company all the success in the world with GoogleNet. Business model experimentation and new entry to the broadband Internet service provider market like this should be encouraged. If this “open access” common carrier network proves to be a viable business model that attracts both customers and followers, it will be a fabulous addition to the domestic Internet ecosystem. But this vision should not be turned into unnecessary government mandates for other Internet network operators who are similarly trying to experiment with their business models in this brave new digital world.

Surprisingly, I also agree with Harold Feld’s analysis:

the telecom world is all abuzz over the news that Google will build a bunch of Gigabit test-beds. I am perfectly happy to see Google want to drop big bucks into fiber test beds. I expect this will have impact on the broadband market in lots of ways, and Google will learn a lot of cool things that will help it make lots of money at its core business — organizing information and selling that service in lots of different ways to people who value it for different reasons. But Google no more wants to be a wireline network operator than it wanted to be a wireless network operator back when it was willing to bid on C Block in the 700 MHz Auction.

So what does Google want? As I noted then: “Google does not want to be a network operator, but it wants to be a network architect.” Oh, it may end up running networks. Google has a history of stepping up to do things that further its core business when no one else wants to step up, as witnessed most recently by their submitting a bid to serve as the database manager for the broadcast white spaces devices. But what it actually wants to do is modify the behavior of the platforms on which it rides to better suit its needs. Happily, since those needs coincide with my needs, I don’t mind a bit.

I do mind.

This tax-and-budget analysis from Bruce Bartlett is wrong on many levels — in both its particulars and its overall sweep.

Bartlett claims the famous supply-side tax-cutters at The Wall Street Journal editorial page have, in a major reversal, opened the door to a Value Added Tax and thus a major expansion of overall taxation and American government. He thinks a new Journal opinion article from Columbia Business School dean Glenn Hubbard represents a big shift in the thinking of economic conservatives. I don’t see it that way at all. Read the rest of this entry »

Cisco’s latest Visual Networking Index, this one focusing mobile data traffic, projects 108% compound growth through 2014.

“I have only one project, one big idea: uncertainty. It crosses many different disciplines — math, political science, psychology, risk management — and I swing in between those, but it is always on what we call the epistemological question. There are two parts to this question: math and computation, and psychology. The second causes us to think we know more than we do. It is an endless topi. Bernanke has six problems: One, his education is in tools that aren’t helpful — and he doesn’t know it. Two, he studied the Great Depression, and he thinks he knows too much — this is nothing like the Great Depression. You can’t compare this and the Depression. Three, 99% of risk is tied to the debt/leverage and the explosion of connectivity. It’s like he did not see a truck coming right at him. Four, he has no notion of nonlinearities, and how monetary policies can be responsive in nonlinear ways. Five, he doesn’t understand fat tails. Six, he doesn’t realize that the biggest risk of failure is signified by the Federal Reserve: He thinks we need more regulation; we actually need smaller institutions. And not one person in Congress had the presence of mind to ask him these questions.”

— Nassim Nicholas Taleb, AI5000, Jan/Feb 2010

See our new analysis of Net Neutrality regulation’s possible impact on the U.S. job market.

“Rationing happens today! The question is who will do it.”

— Rep. Paul Ryan, February 2, 2010, in a terrific interview on health care reform that drills to the center of the debate.

Also see:

• “Paul Ryan’s Moment” at Ross Douthat’s blog
• Roadmap for America’s Future long term budget reform, tax reform, health care reform strategy
• “A GOP Roadmap For America’s Future” in The Wall Street Journal

“My attitude is this: if you are getting attacked by Krugman, you must be doing something right.”

— Eugene Fama, University of Chicago professor, in The New Yorker