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[IP] more on FCC adopts rules for broadband over power lines




9last of tread djf)

Begin forwarded message:

From: Gerry Faulhaber <gerry-faulhaber@xxxxxxxxx>
Date: October 16, 2004 5:53:26 PM GMT+01:00
To: dave@xxxxxxxxxx
Subject: Re: [IP] more on FCC adopts rules for broadband over power lines

Dave [for IP, if you wish to continue this thread]--

Well, cable/RBOCs/power firms are certainly monopolies in their core business, but not in BB, which is the market under discussion. Mr. Glass has shifted the argument to cross-subsidy, suggesting that firms with monopolies in one market will cross-subsidize their new competitive businesses with their old monopoly ones (something that virtually all firms do, funding new ventures from existing cash flow). Lots of economic theory suggesting this is worse for regulated firms (like power distribution companies and ILECs) and, big surprise, regulators have known this for years and have safeguards to protect against this (imperfect, of course) . Microsoft has the freedom to do this (as does any other unregulated firm), so what's the beef (the case against MS, incidentally, was *not* based on cross-subsidy? This is business as usual, except that regulators forbid it for regulated firms.

"The FCC clearly did this [get spectrum out] for broadcasters..." Whoa! This was done in the '30s and '40s (although there was the huge DTV spectrum giveaway in the mid-'90s), but let's be clear: it was Congress, not the FCC, who gave away spectrum to the broadcasters, and most of us in the spectrum debate view this as the bad old days that we want to change. Yes, Congress was the broadcasters' Mommy, and you don't have to be a genius to figure out why. But don't blame the FCC for a Congressional action.

The idea that it's big firms buying spectrum to foreclose competition cries out for evidence of this. You state that cable and DSL competition has driven prices so low that wireless BB can't compete (remember "monopolies"? They drive prices up, not down) . Well, that's wonderful for me. What are you proposing? To push BB prices back up so that you can profitably offer wireless BB? No thank you. I'll take the (alleged) low prices (tho I really don't agree with that premise: in Japan, 10 Mb/s DSL costs $20/mo).

Yes, I think they are "running with the Big Dogs"; Mr. Glass reminds us of MS v Netscape, and how they couldn't keep up, and was that fair? Well, when you enter the market, it doesn't say "fair" on your admission ticket. When MS went after Netscape, Netscape was frozen like a deer in the headlights. It's most effective weapon were legal/political maneuvers which failed. How come we never talk about firms that compete successfully against MS, such as Adobe and Intuit (to name just two). Bottom line: if you can't purchase your inputs (i..e., spectrum license) at a price at which you can compete, then this is not a good market for you (re: Harry Truman: "if you can't stand the heat, get out of the kitchen"). But somehow, I think others will make wireless BB work, even if Mr. Glass does not.

Excellent point that you can't repeal the laws of physics (any more than you can repeal the laws of economics). Commons advocates have been pushing for more commons, alleging that new technology will make old ideas about interference obsolete. Well, maybe. Perhaps you should speak with them directly. I've long suspected that this might well be smoke-and-mirrors.

Incidentally, there are only a few economists advocating commons, and none of them are those "who tend to take positions that favor large businesses." Quite the opposite, in fact.

----- Original Message ----- From: "David Farber" <dave@xxxxxxxxxx>
To: "Ip" <ip@xxxxxxxxxxxxxx>
Sent: Saturday, October 16, 2004 11:58 AM
Subject: [IP] more on FCC adopts rules for broadband over power lines




Begin forwarded message:

From: Brett Glass <brett@xxxxxxxxxx>
Date: October 16, 2004 4:34:57 PM GMT+01:00
To: dave@xxxxxxxxxx, Ip <ip@xxxxxxxxxxxxxx>
Subject: Re: [IP] more on FCC adopts rules for broadband over power lines

Dave:

For IP; it's important to respond to and correct some of the assertions
made in responses to my original posting.

Gerry Faulhaber writes:

"...three large, entrenched monopolies"? Just a reminder: monopoly means one firm, not three.

Exactly. They are each already monopolies in a different product area.
Which means that each can use its respecive monopoly to subsidize expansion
into others -- in exactly the same way that Microsoft leveraged an
operating system monopoly to dominate other markets. It will be the
rare and lucky customer, however, who can obtain broadband from any
of the three. In the vast majority of cases, there will be only one
or two. And where more than one exist, there is more likely to be a
comfortable oligarchy than competition.

Not getting spectrum out at prices ISPs can afford for wireless BB? Is the FCC supposed to be the ISPs mommy?

The FCC clearly did this (and still does it) in the case of broadcast
radio and television. Those businesses would simply not be feasible if
it did not. Is the FCC being THEIR "mommy?"

The licensed spectrum will go at auction and those who value it most will get it.

It would be more accurate to say that those large corporations which most value foreclosing competition from wireless broadband, or who want to use it for things which are more profitable than wireless broadband (cable and DSL have pushed prices for broadband so far down the learning curve that
even cell phones are far more profitable) will get it.

If ISPs think it's valuable for wireless BB that will be reflected in their bids. If they don't, they won't, and they'll be out of the game. They are running with the Big Dogs; if they can't keep up, tough.

Should the same have been said for Netscape? Other companies which Microsoft
destroyed by leveraging its other existing monopolies?

And complaining that WiFi is in Part 15 spectrum so that there is potential interference from cordless phones? Good God, the tech community has been championing commons spectrum, telling us how technology will solve the interference problem.

A few outspoken individuals have been making this claim without either
scientific proof or real life experience, and many economists -- especially those who tend to take positions that favor large businesses -- have swallowed it. I wish it were true; however, as an electrical engineer who has been
working on real life wireless broadband since 1983, I believe that I am
eminently qualified to state that it is unsupported demagoguery. Real life wireless broadband providers, who are out there in the trenches, know this.
The simple fact is that, under the current regime, wireless broadband
providers cannot offer service which comes anywhere near the reliability of a wired or fiber connection at a cost that is competitive with them. (They
could at extremely high cost -- if they were to outbid the cell phone
companies for spectrum. However, due to the low geographical granularity of the auctions and the absurdly high amounts bid, no WISP can buy spectrum at
a cost that allows it to compete.)

And now we are whining that there's interference at 2.4 GHz? No kidding; what do you think happens in a commons?

To state this fact isn't "whining;" it is recognizing that the FCC is
precluding competition by not doing for wireless broadband the same
things it has been doing for decades for over-the-air broadcasters.

Rather than whining that ISPs don't have dedicated spectrum for BB, why not actually implement the tech community's claim to be able to solve interference with appropriate hardware/software protocols so we can use commons/Part 15 spectrum?

Because this claim is provably false. As James Doohan famously quipped,
"Ya canna change the laws of physics, Captain." Any increase in
robustness, given the same limits on bandwidth and power, MUST come at
the expense of a decrease in throughput. Which is exactly what is now
happening on the various Part 15 bands. We now see systems like Motorola's
Canopy, which offer less throughput than others (and, hence, make less
efficient use of spectrum) but are designed to be the "last system standing"
when multiple providers compete for the use of the Part 15 spectrum.
The only way to compete with this strategy is to design a system which
is more robust but slower and more inefficient still! This is what
happens in a commons where there are no holds barred: everyone loses.

Real life commons that work have sensible rules. Highways are divided so that traffic traveling in opposite directions is in different lanes. Lanes
are reserved for emergency vehicles and carpools. It isn't legal to
knock someone else's car off the road and take over. Part 15 has
no such rules, which is why there is currently bedlam on the airwaves
in the unlicensed bands. I know; as a wireless ISP, I deal with it every
day. I've developed one of the most reliable systems in existence, and
it's still nowhere near reliable enough. The FCC rules preclude it.

--Brett Glass

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