FCC Boss Julius Genachowski Has Been a Timid Failure Engaged in Pro Consumer Theater, Folded When it Counted FCC Boss and Obama Harvard chum Julius Genachowski desperately hopes that his FCC legacy will be the man who saved wireless, though he'll more likely be remembered for being a wishy washy politician who folded precisely when the agency needed courageous and bold pro-consumer leadership. While Genachowski's FCC has proclaimed itself to be pro-consumer, they more accurately have engaged in a steady stream of pro-consumer theater: for example net neutrality rules that protect nobody, broadband plans that ignore competition and sky-high prices, and merger conditions that mean nothing. With his tenure at the FCC likely coming to an end, there has been an increased press interest in trying to examine Genachowski's legacy at the agency, though most have been puff pieces that sacrifice the truth for a sense of fairness. The Washington Post painted Genachowski as an incompetent who had a rough start but has really pulled it together, largely because he blocked an already doomed AT&T T-Mobile deal the DOJ was going to block anyway. Politico, meanwhile, paints Genachowski as a savior to the broadband industry: When asked to describe his crowning achievement in office, Genachowski doesnt miss a beat. If I had to summarize it in one word, it would be: broadband." In the past two years, the FCC implemented the National Broadband Plan, which seeks to extend high-speed Internet to all Americans and brought the Universal Service Fund program into the 21st century by subsidizing broadband, not just voice service, to the needy and the hard to reach. Unmentioned is that Genachowski's lauded broadband plan, with help from former FCC staffer Blair Levin, was utterly hollow upon closer inspection. It was a plan intentionally designed to offend nobody, and as a result with accomplish nothing. The plan is most notable for setting goals he knew the industry would reach without government help (to score cheap political points), while failing utterly to address what's undeniably the sector's biggest problem: a lack of real competition. That's not to say his tenure hasn't seen successes, like the grant program overseen by the USDA. The FCC has also been successful at naming and shaming ISPs who fail to deliver promised speeds, and the agency under Genachowski's watch did decide to finally start basing some policy decisions on real world data -- albeit a decade too late. But many of these should be considered the bare essentials for any functional regulator, and what truly speaks to Genachowski's tenure are the issues he's chosen to ignore. Like how a lack of competition fostered the rise of fraudulent below the line fees, punitive caps, ridiculous overage charges, and broadband meters that simply don't work. He's also been oblivious to AT&T and Verizon's plan to drive tens of millions of DSL users into the arms of cable, creating a stronger cable landline broadband monopoly, driving prices even higher for many users. Genachowski's biggest failure however was his decision to not reclassify broadband operators as telecommunications carriers against the advice of his staff, putting the agency on unsound legal footing for a generation of broadband battles to come. |
To placate the consumer advocate set and overshadow these policy failures, Genachowski's tenure is highlighted with show pony policies that look good but accomplish little, whether it's boldly proclaiming we'll meet wireless coverage goals met months ago, to toothless, voluntary privacy standards nobody in this industry is going to follow. Genachowski's biggest failing however was his timid failure to reclassify broadband operators as telecommunications carriers (against the advice of his staff), putting the agency on unsound legal footing for a generation of broadband battles to come. While the press hasn't noticed or underplayed most of this during their love letters to Genachowski's tenure, some consumer advocates have been paying attention. Free Press CEO Craig Aaron this week did the press's job, highlighting that Genachowski's time at the FCC has been an undeniable failure for those who wanted a real pro consumer sea change in the broadband sector: Unlike his recent Republican predecessors, Genachowski has not attended a single public hearing where he took questions from an open microphone. His outside-the-Beltway activities have mainly consisted of CEO meet-and-greets and industry trade shows. He sees no problem with conducting agency business in secret because he believes his only job is to referee corporate disputes.
The FCC has long been captured by the industries it's supposed to regulate, cornered by the courts, and constrained by a hopelessly narrow vision of what's possible. And the current chairman has made all of these problems worse. The truly frightening part? Genachowski is the most consumer friendly FCC boss the agency has had during the entire lifespan of this website. With a long string of FCC chiefs who have ignored competitive issues, buckled to the whims of the biggest players, laughed off consumer interests, and jumped into posh telecom-industry lobbying gigs after their tenures ended, that's certainly not saying much.
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 WiseOldNerdDe gustibus non est disputandumPremium join:2001-11-25 Phoenix, AZ | Right On Karl Your analysis is right on the mark. As long as broadband, wireless and the whole communications industry is a political football, we the people will be screwed in one fashion or another. -- My perception is REALITY | |
|  |  blushrts join:2001-01-06 New Cumberland, PA | Re: Right On Karl I wonder which media conglomerate he will be working for when he leaves the FCC? | |
|  |  |  n2jtx join:2001-01-13 Glen Head, NY | Re: Right On Karl said by blushrts:I wonder which media conglomerate he will be working for when he leaves the FCC? I would bet Comcast, AT&T or Verizon. -- I support the right to keep and arm bears. | |
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 | | Federale Communista Communique "The vital control of the communications that the US population uses must never be in the control of the very people that use it!"
-I made that up but sounds about right -- Splat | |
|  |  roc5955Premium join:2005-11-26 Rosendale, NY | Re: Federale Communista Communique I don't think that this qualifies as "Communista." I believe it should be more like "Corporatista," because he is not catering to the community, but rather the corporations.
Another corporatist one. I wish we could have had Copps instead. At least he seemed better on media consolidation. »www.democracynow.org/2012/1/12/e···copps_on Okay, only make cable equivalent to OTA broadcast. -- "Understanding is a three-edged sword." | |
|  |  |  Sammer join:2005-12-22 Canonsburg, PA | Re: Federale Communista Communique said by roc5955:I believe it should be more like "Corporatista," because he is not catering to the community, but rather the corporations.
Another corporatist one. I wish we could have had Copps instead. There is no question that Michael Copps would have made a better (more respected by both the left and right) FCC Chairman than Genachowski. | |
|  |  |  |  LinklistPremium join:2002-03-03 Longport, NJ kudos:5 | Re: Federale Communista Communique said by Sammer:There is no question that Michael Copps would have made a better (more respected by both the left and right) FCC Chairman than Genachowski. Michael Copps was detested by the right as a left wing ideologue. Whether he would have been a better Chairman than Genachowski depends on your politics. | |
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 |  |  bbeesleyVIP join:2003-08-07 Richardson, TX kudos:5 | said by roc5955:I believe it should be more like "Corporatista," because he is not catering to the community, but rather the corporations. While I agree that corporations frequently influence regulation, often to the detriment of the intent of the regulators...I would also add that "the community" provides non-productive influence as well.
The real problem with regulation in this country is twofold
1. Regulators often don't well understand the technology for which they are making regulatory decisions.
2. Regulators are either elected positions or they are appointed by people in elected positions who have a vested interest in keeping those that put them into power fat, dumb and happy.
The result is that regulators end up reacting to individuals or corporations who are unreasonably screaming like Verruca Salt, "I want it and I want it now!" instead of making informed and well though decisions.
Is it any wonder that the system is screwed up? | |
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| Re: Federale Communista Communique most government regulatory agencies are merely "millionaire incubators" - the chief and high level staff don't want to piss off their future employers.
If they are deferential/incompetent/corrupt enough, they will leave gov't for a job with the industry they were regulating for a significant salary increase.
some of them even make round trips: industry to gov't back to industry | |
|  |  |  |  |  openbox9Premium join:2004-01-26 japan kudos:2 | Re: Federale Communista Communique What's the alternative? How do we prevent the flow of qualified people back and forth between public and private service? Honest question, because I'm curious how people think we can "fix" this "problem". | |
|  |  |  |  |  |  KearnstdElf WizardPremium join:2002-01-22 Mullica Hill, NJ | Re: Federale Communista Communique Easy, if one has worked in a control position of the sector to be regulated they cannot enter a control position of the government agency that regulated them. And have it in their contract that they cannot go back the same way.
Allowing a cable exec to get into the FCC or FTC is a bit like letting the fox guard the hens. -- [65 Arcanist]Filan(High Elf) Zone: Broadband Reports | |
|  |  |  |  |  |  |  openbox9Premium join:2004-01-26 japan kudos:2 | Re: Federale Communista Communique Forever? Or for a period of time? If the FCC is being staffed by technical types (arguably it isn't, but it should be), won't they be hard-pressed to find employment after their tenure, considering their expertise and focus?
Not discounting your proposition, just thinking through the whole thing. | |
|  |  |  |  |  |  |  bbeesleyVIP join:2003-08-07 Richardson, TX kudos:5 | said by Kearnstd:Easy, if one has worked in a control position of the sector to be regulated they cannot enter a control position of the government agency that regulated them. But don't we want people who are experienced in the industries they are regulating?
Is it better to have bureaucrats who know nothing of business or technology making decisions? | |
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 |  |  |  |  |  | | As far as I know, this is a much bigger problem in the US than in most countries, in particular, France. In France, the regulators are highly educated at the Ecole Nationale d'Administration, receive good salaries, and have low turnover - because the top tiers of the bureaucracy are filled by merit (Civil Service) not by political appointees. In the US we have, I believe, over 10,000 political appointee jobs that turn over every time a new President takes office. In France that number is about a hundred. The ability to accumulate and pass on knowledge is constantly degraded in our system. By design, I would say. | |
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| The FCC was never created to control what they think and do control now. They're job function was never to regulate phone, tv, cable and now think they regulate internet. They were created to regulate airwaves for radio stations. Which they need to go back and do. Until they are put in their place or actually given the power to control what they think they do, well then they won't be doing anything. | |
|  |  |  | | Re: Federale Communista Communique said by TBusiness:The FCC was never created to control what they think and do control now. They're job function was never to regulate phone, tv, cable and now think they regulate internet. They were created to regulate airwaves for radio stations. Which they need to go back and do. Until they are put in their place or actually given the power to control what they think they do, well then they won't be doing anything. I must have imagined the whole Telecommunications Act of 1996. | |
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 | | Do over Didn't I read a shorter version of this article just last week? And wasn't it by ... yes ... Karl Bode? | |
|  | | Are you guys crazy?!? Genachowski has allowed (by not getting in the way of) the biggest and fastest LTE deployment the world has yet seen, and yes the somewhat painful but very necessary beginning of sunsetting obsolete DSL which of course will benefit those offering superior docsis 3.0 technologies.
If you were to let consumers drive the bus so to speak, with a heavy handed FCC piling rules and regulations on top of carriers, we'd all be the worse for it. | |
|  |  What @clearwire-wmx.net | Re: Are you guys crazy?!?
short memory? You mean 700Hz auction that need to maintain naked DSL, open to 3rd carrier, unlimited data and fiber build out? Where are those now? FCC has failed to keep the market competitive. US broadband dropped the competitiveness ALL OVER in term of speed, availability and affordable price! | |
|  |  |  | | Re: Are you guys crazy?!? Disagree. Carriers, like any other company, need the flexibility to dynamically do what they do best (make a profit) to fulfill the needs of the marketplace. Otherwise you're tying their hands, slowing down progress, all while making it more expensive. The FCC recognizes this.
Naked DSL?? Come on, only a sliver of the market actually asked for it. Fiber? Unlimited data? Those are mutually exclusive, and as google is about to find out (like VZ before them), fiber is too expensive. | |
|  |  |  |  | | Re: Are you guys crazy?!? said by JasonOD :Disagree. Carriers, like any other company, need the flexibility to dynamically do what they do best (make a profit) to fulfill the needs of the marketplace. Otherwise you're tying their hands, slowing down progress, all while making it more expensive. The FCC recognizes this.
Naked DSL?? Come on, only a sliver of the market actually asked for it. Fiber? Unlimited data? Those are mutually exclusive, and as google is about to find out (like VZ before them), fiber is too expensive. Why do you zealots keep trolling these threads with unsubstantiated claims and/or outright lies? | |
|  |  |  |  |  openbox9Premium join:2004-01-26 japan kudos:2 | Re: Are you guys crazy?!? Are you asking both sides that question? Because I'd suggest that there are a lot of opinions thrown around on this site with little substantiation. | |
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 |  |  |  | | Right, fiber is too expensive. That is why I have it, have had it for several years, and will continue to have it for several more. For this priviladge I pay about $1560 a year, never call customer support, and have all the original equipment except that expensive little box on the back of my house that was installed wrong. The carrier that installed it was given substantial tax breaks, rights of way, and told they don't have to lease the lines. They also had been told they could exclude unprofitable neighborhoods. I doubt those words where used, but that is what they did. Now, the CEO over there doesn't see long term investment as viable and doesn't want to mess up the short term by spending money on the last mile part of he install. He wants to skip all that and give everyone metered access, at a higher cost, to a network that won't cost as much to build out. You see, why pay for two separate networks when you can have only one, and that one also happens to be able to charge a premium. Who knows, he might be right, I do believe Wireless is the future. Unobstructed, always on, super highspeed data that can be accessed anywhere at anytime from a single device. I also think we will get there about the time my tablet stops being a bedside toy and can replace my six (soon to be eight) core desktop with it's high end graphics card. Say in about 10 to 12 years, that was how long it took them to get smart phones and tablets right. -- I voted for Snoopy! | |
|  |  |  |  |  openbox9Premium join:2004-01-26 japan kudos:2 | Re: Are you guys crazy?!? said by xrobertcmx:The carrier that installed it was given substantial tax breaks, rights of way, and told they don't have to lease the lines. Seems like you're playing both sides of the argument. You appear to be disagreeing with the comment that fiber is too expensive, yet you highlight mechanisms that can be used as carrots on sticks to help reduce costs. VZ stopped focusing on FiOS so that it could reallocate resources to the LTE build. Lets wait for the LTE build to be done before continuously whining about the FiOS build temporarily being halted. | |
|  |  |  |  |  |  | | Re: Are you guys crazy?!? The bit about it being o expensive was sarcasm. I believe and sadly hope that Verizon, at&t, and company will be forced to continue the build. I have 30/30 internet, no one else offers that. Not here, and no, LTE is not the solution. A big radio sitting outside my window does not do it for me, nor do caps, overages, and higher bills. -- I voted for Snoopy! | |
|  |  |  |  |  |  |  openbox9Premium join:2004-01-26 japan kudos:2 | Re: Are you guys crazy?!? The whole post seemed sarcastic, that's why I was trying to decipher. As for "forcing", don't count on it. Encouraging/Enticing, yes, forcing, no. Wireless is an option for a lot of people. Not everyone, but many. Technologies should not be discounted as we try to expand coverage and connectivity. | |
|  |  |  |  |  |  |  |  | | Re: Are you guys crazy?!? said by openbox9:The whole post seemed sarcastic, that's why I was trying to decipher. As for "forcing", don't count on it. Encouraging/Enticing, yes, forcing, no. Wireless is an option for a lot of people. Not everyone, but many. Technologies should not be discounted as we try to expand coverage and connectivity. severely capped wireless is not a serious option. | |
|  |  |  |  |  |  |  |  |  openbox9Premium join:2004-01-26 japan kudos:2 | Re: Are you guys crazy?!? Please don't read more into my posts than I actually type. | |
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 |  |  |  | | Your right Jason. Most on this site would prefer that they have everything for near free. But heaven forbid if they actually had to pay for a fiber build out to their home.. They wouldn't. Those same people have no problem trying to get the rest of us to pay for it with our tax money. MY MONEY.
The FCC is not put in charge of giving money away.. That is exactly what most are asking for in here. "The FCC didn't do their jobs" = "give me free stuff"
The FCC serves almost no point. But what they do (regulate the radio spectrum) they do pretty well. Because that is truly their task in life. Regardless of previous overzealous congressional laws. They, the FCC, has no right to get involved in a LOT of what they are doing.
They mess up, more than they fix. -- »www.wirelessdatanet.net | |
|  |  |  |  |  | | Re: Are you guys crazy?!? No, we are not trying to get you to pay for it. You already did, but it was never delivered. I have Fiber, and can say I never want to go back, and I pay for it. I could go with Comcast, get the $79 triple play, slower Internet, lower quality TV picture, and cable card woes. Or I could go with...oh, that's right we have no competition. Here at least I have some choice and Verizon and Comcast almost compete. By that I mean they both increase prices by the same amount. Outside of deployed areas there isn't much. In return for the ten's and hundreds of millions of dollars that they get in tax breaks, concetions, right of ways, and whatever else, I expect a modern and functional network. ADSL is not that. -- I voted for Snoopy! | |
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 | | Genachowski is a failure He didn't get a single big issue right...except AT&T/ T-mobile...but that was so obvious a monkey could have made the right decision.
Lightsquared was a disaster. a horrible train wreck and it was the FCC's fault.
DISH spectrum approval took 20 months too long. 20 MONTHS!!! that's 2 lifetimes in internet time.
Comcast / NBCU merger shake down
Net Neutrality was a pointless waste of time since the order was completely lacking in teeth. | |
|  axus join:2001-06-18 Washington, DC | If he feels bad now, he can read what you said about Powell  | |
|  | | Bring Back Minow Has anyone contacted Newton Minow to see if he wants the job? He had plenty of bad things to say about the people he regulated. | |
|  | | Not any different This is nothing actually any different than any other branch of government or political figure.
It only matters when it's crunch time or election time, and then things usually either get extended or forgotten. -- The Firefox alternative. »www.mozilla.org/projects/seamonkey/ | |
|  linicxCaveat EmptorPremium join:2002-12-03 United State Reviews:
·CenturyLink
| Karl asked .. In a previous comment karl asked... "Why many of these companies, particularly larger operators like AT&T and Verizon, are getting a single additional cent in subsidies remains painfully unclear."
The answer is because they can. And they haven't done damn thing since you wrote it. -- Mac: No windows, No Gates, Apple inside | |
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