SCN: Net politics
Steve
steve at advocate.net
Mon Mar 4 00:22:03 PST 2002
x-no-archive: yes
====================
(Thomas E. Weber, Wall Street Journal)---Only a few years ago,
politicians and regulators at least paid lip service to the idea that
government should stay out of the Internet as much as possible.
So why is everyone in Washington clamoring to meddle in the
online world now?
At the Federal Communications Commission, a new proposal
would make it easier for the Bells to dominate high-speed Internet
service. In Congress, the controversial Tauzin-Dingell bill seeks to
accomplish the same thing. Meanwhile, over at the Copyright
Office, they're mulling a plan that could kill the fledgling Internet
radio industry. And if Sen. Fritz Hollings has his way, the personal
computers of the future will be designed to congressional
specifications.
Nothing escapes government entanglement, of course. But this
current flurry of activity is especially troubling for two reasons.
First, technology is complicated, which makes these issues easy to
get wrong. Second, all of the measures directly affect consumers --
yet consumers seem to have very little voice in these debates.
That's most apparent in the Bells' battle. It's a lobbying carnival
pitting the local phone monopolies against giant long-distance
providers. At issue is a provision of the landmark 1996
Telecommunications Act that barred the Bells from offering high-
speed data services -- i.e., the Net -- unless they granted rivals
access to consumers' phone lines.
Tauzin-Dingell would lift that restriction, allowing the Bells to
further monopolize your phone line when it comes to DSL. Though
the measure passed the House last week, it isn't likely to survive a
Senate vote. Yet on Feb. 15, the FCC proposed a regulatory
change that could do the same thing.
It's all too easy for the Bells' allies to position these moves as free-
market actions -- the opposite of government interference. But
where a regulated monopoly is concerned, things just aren't that
simple. You can't turn back the clock on decades of oversight. Any
change in the status quo ultimately represents meddling.
So what's behind Washington's new hands-on attitude? The
recession, and the hope that high tech can reignite the U.S.
economy. That has granted political cover to anyone who wants to
interfere with the Net's evolution. "You can do anything you want in
Washington right now as long as you say you're promoting
broadband deployment," says Dave Baker, vice president for law
and public policy at EarthLink Inc., an Internet-service provider that
opposes Tauzin-Dingell and the FCC proposal.
Tauzin-Dingell backers would have us believe that loosening the
Bells' leash will spur them to invest, bringing a brave new era of
broadband to consumers. Forget for a moment that many
consumers who could get high-speed Net access have opted
against it. More power to the Bells will plunge consumers further
into an Internet duopoly, where their choices for broadband are
limited to the phone company or the cable company.
Gerald Faulhaber, a former FCC chief economist who teaches at
the University of Pennsylvania's Wharton School, supports freeing
up the Bells -- but not for the reasons embodied in all the Beltway
rhetoric. He argues persuasively that the Bells have already
succeeded in destroying DSL competition by hindering rivals that
wanted to use the Bells' lines. It's time to move on, he says, and
focus on removing obstacles to cable and phone alternatives like
wireless broadband.
In the long run, that could give consumers choice and lower prices.
But in the near term? Make no mistake: We're in for higher prices
and mediocre service, courtesy of the cable-phone duopoly. "In
essence, we're still stuck with these guys," Prof. Faulhaber says.
Even as politicians and regulators profess their passion for
broadband, they're busy attacking applications that could increase
demand for high-speed Net access. The Copyright Office is
considering an arbitration panel's report that would determine
royalties for songs streamed to listeners online -- and penalize the
independent Web broadcasters that give music fans an alternative
to broadcast stations' endless top-40 fare and inane DJ blather.
Traditional broadcasters -- radio stations that also stream their
signals over the Internet -- would pay record companies a royalty
of 0.07 cent for every song played, multiplied by the number of
listeners. Web-only broadcasters would pay twice that.
At Live365.com, which streams broadcasts by hundreds of Web
DJs, the proposal is a huge blow. The company favors
compensating artists but wants rates that won't destroy the Web
radio movement before it has a chance to grow. If you want to
weigh in, e-mail the Copyright Office at copyinfo at loc.gov.
While your computer is fired up, you may want to visit the Web site
of Sen. Hollings (hollings.senate.gov) to ask why he thinks the
government can design computers better than IBM or Apple. At a
hearing last week, the South Carolina senator pressed his notion
that computer makers should be required to build copy-protection
technology into all PCs, lest Hollywood find itself Napsterized.
This is such a bad idea that it's scary. For more than two decades,
the personal computer has been the technological Swiss Army
Knife, a tool that lets giant companies and individual programmers
alike invent new ideas and the occasional new industry. Sen.
Hollings's approach eloquently defends the interests of movie
studios. But, like all of the high-tech meddling going on in
Washington these days, it is silent on the needs of consumers.
Copyright 2002 Dow Jones & Company, Inc.
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