Showing posts with label FCC. Show all posts
Showing posts with label FCC. Show all posts

Regulations and the FCC: A Commissioner's Wisdom

To be generous, it's rare when a regulator understands the ills of regulation.

But that is the case with FCC Commissioner Robert McDowell. His job is, in essence, to be a regulator. Yet, he possesses a strong understanding of both the economics and the history of regulation gone awry.

McDowell was on Capitol Hill on March 19 testifying before the House Subcommittee on Financial Services and General Government. And part of his testimony focused on spectrum policy, given that Congress passed legislation in February that puts television broadcast spectrum up for auction. There has been considerable debate over how this auction should be handled, with some advocating that the FCC micro manage the auction by effectively picking winners and losers.

McDowell countered such regulatory activism in his testimony. He stated:

"Meanwhile, a debate continues over whether or how the FCC should shape the outcome of this process. History has proven that regulators' attempts to over-engineer spectrum auctions often result in harmful, unintended consequences. Thus, I hope all of us can apply the lessons learned from the Commission's past missteps as we implement this new legislation. I am committed to working with my colleagues to ensure that our auction rules are minimal and ‘future proof,' allowing for flexible uses in the years to come as technology and markets change... I am confident that the FCC can get it right this time. And ‘getting it right' means avoiding regulatory hubris by keeping the government's hands off of the marketplace's steering wheel as much as possible."

McDowell correctly notes that regulation has consequences, and those often include consequences of the unintended variety. Especially in an industry so dynamic and innovative as telecommunications, there is simply no way for regulators to understand where the market might be headed, and therefore, it would be dangerous, not to mention arrogant, for the FCC to dictate where spectrum should be allocated, as opposed to leaving resource allocation to the market which ultimately is guided by consumers.

It is worth noting that in late March, the House voted by a 247-174 margin to reform the FCC. In a letter of support sent to the House on the Federal Communications Commission Process Reform Act (H.R. 3309), SBE Council President and CEO Karen Kerrigan explained: "H.R. 3309 would bring greater transparency, consistency and effectiveness to the FCC's regulatory process. For example, it would establish and clarify procedures for when the FCC issues rulemaking notices, including citing the FCC's authority for adopting and amending a rule. Also, the economic impact of a rulemaking would need to be considered, with the FCC required to assess the presumed market failure and consumer harm, the governmental failures warranting FCC action, as well as the burden of existing regulation. For good measure, it would have to be determined that the benefits justify the costs of new regulatory action. In addition, H.R. 3309 would establish greater openness when it comes to the Commission's deliberations, agenda, meetings, and dissemination of information."

Unfortunately, the Senate appears uninterested in dealing with this legislation, while the White House stands opposed. In addition, while efforts were made to set limits on the FCC's regulatory discretion on spectrum auctions in the bill passed in February, that effort also was denied and excluded by the Senate.

So, we are left hoping that Commissioner McDowell's view prevails at the FCC, and that his optimism that the FCC will get it right is well placed.

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Raymond J. Keating is chief economist for the Small Business & Entrepreneurship Council. His new book is "Chuck" vs. the Business World: Business Tips on TV.

U.S. Needs More Spectrum to Accomodate Explosive Growth in Small Business Apps Use

SBE Council's landmark study, "Saving Time and Money with Mobile Apps: A Small Business 'App'ortunity," continues to receive widespread media coverage. Recent pieces focus on the explosive growth of mobile app usage by small businesses, and how these practical and innovative tools are saving firms time and money while improving productivity.

See the recent articles here:
DIY Apps Save Small Business Time and Money, BusinessWeek
Mobile Apps Fuel Small Businesses, McClatcy/Tribune

The explosive growth in apps (and their rapid adoption by consumers) also demonstrates why the U.S. needs more spectrum to accomodate and encourage this growth. This would start with a sound and common sense approach toward spectrum auctions. Unfortunately, the FCC seems to be doing all it can to mess them up. Similar to what the Administration is doing in other sectors (i.e.: energy), the FCC wants to pick winners and losers. In this case, choosing what companies will be able to participate in the auctions. It wants to "manage the outcome" of the auctions to ensure competition. That means it could exclude the biggest players that actually have the resources to purchase this valuable spectrum. Oh, and they need the spectrum too.

The current FCC is only impeding progress, something it has been doing quite well over the past several years. It has become the single greatest barrier to building out our nation's broadband and wireless infrastructure. The FCC is hamstringing investment, innovation, job growth, U.S. competitiveness, and in the case of spectrum auctions, an inflow of revenue to the federal government. It's time for Congress to start asking questions about what purpose such a government agency serves, particularly if it believes its main job is to micromanage a successful industry whose growth and vibrancy is so critical to the entire U.S. economy.

In regard to spectrum auctions, a bill has been introduced in the House to limit the damage that the FCC can do -- thank goodness. All players should be able to bid on spectrum, and the FCC must not be allowed to discriminate against specific companies. We all know what happens when government picks winners and losers in the marketplace. Time and again, industrial policy has proven itself a failure. The economic stakes are much too high to allow the FCC to pursue and prove (yet again) the failure of such misguided policy.

The FCC is overreaching. It is putting U.S. economic and innovative strength at risk, and Congress must hold it accountable.

Karen Kerrigan, President & CEO