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Congress Turns Up The Heat on FCC's Chairman

Fletch writes "FCC Chairman Kevin Martin could be in for an uncomfortable spring, as House Energy Committee Chair John Dingel (D-MI) has requested a truckload of FCC paperwork relating to some controversial decisions Martin has made. Those include the FCC's reversal on the a la carte cable issue and newspaper-television cross-ownership restrictions. 'This request has got to be turning the FCC completely upside down. Significantly, it appears to reflect a bipartisan discontent with Martin's performance. Democrats and some Republicans are upset over his recent move to relax one of the agency's key media ownership rules, as well as the rushed manner in which he handled the matter late last year. Other Republicans dislike what they see as Martin's persecution of the cable industry, especially Comcast.' The Committee originally announced its intention to investigate the FCC in January."

32 of 148 comments (clear)

  1. he should refuse to testify by Adult+film+producer · · Score: 5, Insightful

    just ignore congress and shred every last document. Why not? Everybody else on Bush's team does this and gets away with it. Democrats in congress make a lot of noise but always bend over and take it when Bush gets angry.

    1. Re:he should refuse to testify by Gat0r30y · · Score: 4, Funny

      its a statement of fact Yea, but you don't have to be a dick about it.
      Wait a minute, whats your name again? Maybe you do have to be a dick about it.
      --
      Prediction: The real iPhone killer is going to be sex robots from Japan. Think about it.
  2. Reaction from Comcast! by Anonymous Coward · · Score: 5, Funny
    Whew!

    The checks cleared in time.

  3. Congress turns up heat? by Meor · · Score: 2, Informative

    Saying congress is turning up the heat on the FCC is like saying Chaney is turning up the heat on Bush to get out of Iraq. They serve the same agenda and they're not looking out for the people.

    Nothing short of removing power from both congress and the FCC will keep these jokers from leeching from the public.

    1. Re:Congress turns up heat? by dgatwood · · Score: 3, Insightful

      Yeah, this is a really rather disturbing abuse of Congress's oversight authority. For the first time since I was born, we finally have an FCC Chairman who actually stands up for the general public. What happens? Republicans and Democrats freak out because serving the public interest is not in the interest of either party. God forbid that the FCC Chairman might actually do his job and regulate scarce resources in a way that promotes fairness and equal access, provides maximum public utility, and preserves the viability of those resources for future generations....

      Some of the things this Chairman has done include:

      • Standing up to Comcast for their egregious abuse of the TCP/IP protocol to cause downloads to disconnect after a few seconds. This breaks lots of protocols, not just BitTorrent.
      • Standing up to cable companies and satellite providers, pushing for a la carte availability of channels.
      • Removing antiquated ownership rules whose only effect in a modern, online world is to drive ailing newspapers out of business for lack of the abilitty to consolidate with anyone.
      • Taking a stand in favor of network neutrality, ensuring that ISPs can't hold the traffic of clients of other ISPs hostage and ensuring that providers cannot give preferential treatment to their own VoIP services over those of their competitors.

      I'm sure there are others. I can't believe I'm saying this, but Bush actually got something right. Judging by the backlash from Republicans, I'm assuming it was an error on his part, but still, we as a community need to rally behind this guy.

      --

      Check out my sci-fi/humor trilogy at PatriotsBooks.

    2. Re:Congress turns up heat? by Meor · · Score: 2, Informative

      Major corporations are always in the pockets of Congress and it'll always be that way. People are blind, they call congress corrupt and then expect them to eliminate corruption in another government organization. The American people are getting played from both sides down the middle; half don't know it, 1/3 don't care, and the rest don't know what to do about it.

    3. Re:Congress turns up heat? by TheCRAIGGERS · · Score: 2, Interesting

      Just out of curiosity, why do you say it's "harder to purchase the rulings you want" out of people that aren't elected? Just like sales people from vendors that take me out to lunch and offer free game tickets and mugs and pens and vacations and all kinds of other crap. In politics it's called "contributions." In sales it's called "gifts."

      Actually, it seems like it would be easier to have somebody that's not elected bought, since politicians have to publicly show who is giving them money.

  4. How it reads to me... by Kazrath · · Score: 4, Informative

    Comcast & other big media could not fully corrupt the FCC into doing what they want but with greater power comes greater corruption and congress turned out to be easier.

    1. Re:How it reads to me... by chortick · · Score: 2, Insightful
      With apologies to Humbert Wolfe:

      You cannot hope to bribe or sway,
      The Congress of the U.S.A.
      But given what this lot will do
      Un-bribed, there's no occasion to.

  5. Re:Go congress! (did I just say that?) by CRCulver · · Score: 4, Interesting

    The summary seems to suggest that some in Congress want Comcast to have the freedom to throttle its traffic the way it does, and the FCC was standing in their way.

  6. Persecution of those who deserve it? Oh My! by Jane+Q.+Public · · Score: 4, Insightful

    Comcast deserves all the examination it has gotten, and more. They have been terrible.

    And "a la carte" cable is the obvious and fair thing to do. The claims of "undue burden" and "technically infeasible" are just so much crap. If they have the tecnical capability to do "On Demand", then they have the technical capability to do a la carte. Q.E.D.

    Plain and simple: they just don't want to. Because then they can't charge exhorbitant rates for their bundled "packages".

    1. Re:Persecution of those who deserve it? Oh My! by w.p.richardson · · Score: 2, Insightful

      I thought the packages were set up to cover the high cost of certain channels, e.g., ESPN. I mean, in addition to being designed to fuck over subscribers.

      --

      Curb CO2 emissions: Kill yourself today!

    2. Re:Persecution of those who deserve it? Oh My! by InvisblePinkUnicorn · · Score: 5, Interesting

      Comcast is only a symptom. Comcast would not be able to get away with what it currently can if not for the local monopolies handed to it by the government. The company has manipulated the government to avoid upgrading their lines to actually handle the bandwidth they claim to their customers.

      "Comcast deserves all the examination it has gotten, and more. They have been terrible."

      The real problem, though, is that the government is able to impose such monopolies on us. It's pointless to go after companies as they become problems, because these companies will continue to spring up. The effective approach is to stop the problem at the source: get politics out of money. Don't permit legislation that creates monopolies and destroys competition. Trash these FCC regulations, and the market will take care of itself. People will have choices, and companies will have to compete to offer what people want at the lowest price possible. And idiotic situations such as the one we currently find ourselves in will not be able to thrive.

    3. Re:Persecution of those who deserve it? Oh My! by monxrtr · · Score: 2, Insightful

      No, monopolies only exist because of government interference in the market place, without exception. Government regulation *requires* that consumers be shackled to corporate tentacles, such as in the form of power lines and cable lines.

      Homeowners could have easily paid market rate for power grid connector nodes, cable nodes that connect just like plumbing to a centralized neighborhood or city node, at which point businesses can compete to connect to that node and deliver. Thus, many individual companies could compete to deliver content/power while taking on the servicing of individual user lines as part of the service contract. Government kickbacks, bribery by corporations, resulted in government interference in the free market and the resulting corporate monopolies. And as the private home owners all paid for their "last mile" lines when their homes were built (with switches that can allow an infinite number of possible companies to hook their lines individually to all choices of consumer lines) the bargaining power and incentives for competition would constantly grow with more infrastructure rather than shrink the way it does now.

      Power never had to be delivered by tentacles tied between consumers users and corporate deliverers. Giant batteries could have easily been recharged at competitive power stations similar to where gas is bought, or it could have been serviced and billed like private corporation garbage pick up. And it likely would be a helluva lot cheaper to not have to maintain thousands of miles of lines as well (not to mention far more terrorist and hacker proof as it was decentralized). The lines are only there so corporations can charge monopoly rates because government regulations required power to be delivered that way.

      If you socialists would drop your outdated government interference ideology, which by definition causes poverty through higher prices and lower quality at every instance of interference with free trade, we could work to dissolve the government interference in the free market which is granting corporate monopolies.

      Any other government monopolies or interferences in the free market you need me to solve, such as government interference in the health care and education markets resulting in ever higher prices and lagging quality?

      --
      "From DNA to P2P, we are all Copycats now. Go Go Copycat Power! Copycat Powers activate! Form of, a Copycat." --monxrtr
  7. A re-energized House flexes their muscle.... by postbigbang · · Score: 3, Insightful

    And Martin is a great target, because communications decision-making is so controversial. However, there's still a huge number of telco/carrier contributions to various political campaigns and funds that are being ignored here. What of the millions of dollars used to influence policy and legislation? What of congressmen that shill for MPAA/RIAA and the cable/comm companies? It's all PR. Nothing but media blasts and putting Martin on the hotseat (which he richly deserves, for so many reasons).

    --
    ---- Teach Peace. It's Cheaper Than War.
    1. Re:A re-energized House flexes their muscle.... by Stanistani · · Score: 2, Interesting

      What about all the modern infrastructure U.S. tax dollars paid for, which the telcos 'forgot' to install?

  8. It is called "Sheeple". by Jane+Q.+Public · · Score: 3, Insightful

    Not all people are as independent-thinking as you are. The Iraq "war" -- and the continued presence of Gworge W. Bush -- are excellent examples, demonstrating that an awful lot of people in this country believe what they are told by the media, no matter how ridiculous it is.

  9. Re:Moot controversy? by amplt1337 · · Score: 2, Interesting

    A newspaper is only as strong as its readership base.

    Remind me again where the problem is?


    It's in the readership base -- when was the last time the average American actually looked at (say) a foreign newspaper? Let alone a foreign-language one.

    That said, there's no reason for the FCC to go out of their way to enable Information Domination. And do you seriously think that any of these companies would be happy to leave the Internet as an unsullied source of pure truth from outside their grip? No, they'll try to monetize that, and (as collateral damage) limit citizens' access to external sources of information. Not out of a Vast Conspiracy necessarily, but when your business model is predicated on grabbing as many eyeballs as possible, you don't want them looking at other networks, ja?

    --
    Freedom isn't free; its price is the well-being of others.
  10. Actually... by Jane+Q.+Public · · Score: 2, Insightful

    The relaxation of ownership rules, today, is by itself an issue that well warrants investigation. It is, plain and simple, a dangerously BAD IDEA.

  11. This is not troll!!! by Jane+Q.+Public · · Score: 3, Interesting

    You asshole moderators, stop modding "troll" just because you disagree with someone's statements. That kind of behavior makes you worse than half the government pricks that get discussed here.

    1. Re:This is not troll!!! by Jane+Q.+Public · · Score: 3, Insightful

      I completely disagree with you, which was my point.

      Satire is NOT trolling. Even if he trolls a lot, a comment presented as satire (as this appeared to me) is not trolling.

      I have seen MANY cases of satire marked (incorrectly) as "troll". I would appreciate it if people would take the trouble to learn the difference.

  12. Not "only" a symptom... by Jane+Q.+Public · · Score: 2, Insightful

    It is also part of the cause. The argument "I did it because I could" is not morally or ethically defensible. Unfortunately, it might be legally defensible. But that's not good enough for me.

    1. Re:Not "only" a symptom... by Red+Flayer · · Score: 2, Informative

      The argument "I did it because I could" is not morally or ethically defensible. Unfortunately, it might be legally defensible.
      That which is not forbidden is allowed.

      We cannot demand that people obey some moral code, when morality is subjective. This is why in the Old Testament there are the 10 Commandments, not the 10 guidelines for moral behavior. This is why Hammurabi's Code existed. This is why the legal system is based on blacklisting disallowed behaviours, not whitelisting appropriate ones.

      Unless we specifically forbid certain activities, we must expect that those activities will continue unchecked.

      I agree with you that it's ethically indefensible, but can we really expect anything else?
      --
      "Trolls they were, but filled with the evil will of their master: a fell race..." -- J.R.R. Tolkien on Olog-hai
  13. Re:Go congress! (did I just say that?) by Sandbags · · Score: 4, Insightful

    This is because cable and satellite companies fill the pockets of congressmen with continual loads of fresh green cash... These companies have powerful lobyists. They understand that under a la carte they will no longer be able to charge people $49 for basic cable when all people want is 15-20 chanels. they also understand that if they value certain chanels too highly under a la carte, then those chanels will fall dramatically in ratings as people switch to watching programming on less expensive cable networks. Cable companies will loose money under a la carte, I have no doubt about it, and they have no intention of letting it happen. The millions they blow in kickbacks and other funding given to congressmen is nothing compared to what's at stake under a la carte.

    --
    There is no contest in life for which the unprepared have the advantage.
  14. Not to defend the Cable companies but.... by Gybrwe666 · · Score: 2, Interesting

    There is more to a la carte channel selection than simply the will of the Cable Co's themselves.

    The reality is that the bulk of programming costs for the cable company are directly attributable to a few companies, such as Disney, HBO, etc.

    First, you have to understand how pricing for channels from the channel owners is done. Its done based on volume, usually negotiated per head. When Disney and a provider (doesn't matter is its cable or satellite) negotiate a contract, they end up with a per-consumer cost that the cable company pays to carry the channel.

    There are two reasons that more than 50% of the channels are complete crap.

    1) The really crappy ones are so low cost that they have a negligible effect on the consumer. Channels provided by the non-big companies fall in this category. The one that comes to mind is the Christian Broadcast Network, which only cost pennies per month to the cable companies.

    2) The bundle effect. In order to sell advertising, the big media providers (Disney, etc.) want to have as many channels as possible carried, preferably the ones that are in the starter bundles. Therefore, you get at least 3-5 ESPN channels. Unfortunately, none of the cable (or satellite) providers have any negotiating ability here at all. This is unregulated territory, so Disney will just sit back on its haunches and say, "You want ESPN? Guess what...you have to also put ESPN2, ESPN Classic, and ESPN Sports Nobody Cares About" in your Basic Tier.

    Do you really think that a local cable provider will be able to refuse? So Disney ends up with a fairly significant portion of channels, which means they get to sell more ad revenue, and build up aftermarket sales of DVD's and paraphenalia.

    The cable company is damned if they don't, effectively. They can't negotiate, as there isn't much choice about carrying Disney Channel and ESPN.

    So, because of these contractual agreements, the cable companies *CANNOT* unbundle channels, at least in any meaningful way. Because there are only a handful of meaningful channels provided by a handful of extremely large companies, unbundling would, at best, mean having a Disney group, a TimeWarner group, etc. And the big media conglomerates will *NEVER* allow this. If they did, it would eat into their already shrinking ad revenues so fast the shareholders might explode.

    So, not to defend the cable companies, but this matter is one that is largely unregulated, and the cable companies are unable to win the battle. While this isn't the only factor (certainly the cable companies want to charge you as much as possible for as many tiers of service as possible), it is one of the biggest. Remember, the highest margins for the cable companies are in the in-house services they control: data, phone, etc. When they have to pay per subscriber (or per event, such as On-Demand or PPV) they don't make nearly as much as they do for services they control.

    Remember, also, that some channels *ARE* regulated by government, especially local access channels (my system carries 3-4 of them, I think). This is a huge waste of bandwidth that the cable companies are contractually obligated to provide in order to get local franchises. Again, crap. A waste of resources. But the cable company has no choice but to spend a ton of money and bandwidth to meet these obligations.

    The future of cable is obviously to move to digital only services. I know of one small cable company that is actively looking to migrate to PacketCable exclusively, which means that they would deliver everything via packets, rather than channels. The minute the FCC lets the cable companies drop Analog services, expect this to happen quickly.

    However, its unfair to only blame the Cable Co's. The Big Media is as much to blame if not more than anyone else.

    Bill

    1. Re:Not to defend the Cable companies but.... by AK+Marc · · Score: 2, Interesting

      First, you have to understand how pricing for channels from the channel owners is done.

      I understand and think that a la carte should still be done. What's the bottom line? The cable providers have to take in more than they spend, or they go out of business. Great, so they price the a la carte such that it makes them money. Period. It doesn't matter how they buy it, all that matters is that they sell it for whatever they are selling it for now. The reason they don't like it is uncertainty. Rather than buying $1 worth of programming and selling it for $2, they have to buy the bulk $10 lineup and get enough people on the right a la carte packages to spend $20 on it. They aren't sure what the numbers would be, so they refuse to do it. Once they start doing it, then it will work out to where the averages match what they are now. Once that's done, then the cable companies can go back to the contract negotiating and say "if we drop all ESPN, then we save $5 per subscriber. We don't get anyone subscribing to ESPN2, ESPN classic, ESPN west, so we want to get just ESPN for $2 and not the package for $5, if you don't like it, then we drop ESPN." If all the cable companies and satellite companies were offering a la carte and had similar subscription rates, that would happen. But no one wants to take the chance on runinig their proven-profitable system.

      Remember, also, that some channels *ARE* regulated by government, especially local access channels (my system carries 3-4 of them, I think). This is a huge waste of bandwidth that the cable companies are contractually obligated to provide in order to get local franchises. Again, crap. A waste of resources. But the cable company has no choice but to spend a ton of money and bandwidth to meet these obligations.

      Bandwidth is essentially free. The content on that bandwidth is the biggest cost. If the local stations pipe in a live feed at their cost, the cable company spends nothing to put it in a home.

    2. Re:Not to defend the Cable companies but.... by dubbreak · · Score: 3, Insightful

      So explain to me how legislating à la carte programming doesn't solve this issue?

      If all carriers are forced to provide à la carte programming then Disney loses it's heavy weight bargaining chip. If Disney tries to charge a particular carrier more per customer, the carrier responds, "Fine, but less of our customers will subscribe."

      There is no, "You must put these on the base tier." As there is no base tier, or at least the customers aren't forced to order it. Pricing becomes priced by consumer price elasticity (plus a margin of profit for the carriers). This is exactly as it should be.

      One question for an American versed in sales and consumer laws: Do American laws allow selling the same service or product to different customers at different rates with little or no restrictions? I am all for bulk discounts, but in my experience if you offer one customer a bulk discount another customer purchasing the same quantity must get the same rate... different laws though.

      --
      "If you are going through hell, keep going." - Winston Churchill
  15. it's like Nader said: by trelayne · · Score: 2, Interesting

    Democrats and Republicans in bed with the corporations. It's all about Comcast, a witch-hunt, pure and simple. It's pretty unnerving to see this unfold.

  16. Re:Go congress! (did I just say that?) by Alzheimers · · Score: 3, Informative

    IIRC, the reason why the cable companies don't want A-La Carte pricing is because the law only applies to consumers.

    Businesweek 12/7/05

    While it may be years before any such model is put in place and it's hard to say how the end result will look, a consensus is emerging that some channels would suffer -- if not fall away altogether. Content providers now compel cable operators to offer their niche channels by bundling them with must-haves like ESPN or MTV. Without being bundled into a bigger package, less popular channels such as ESPN Classic and MTV2 could struggle to garner a large enough audience to survive.

    So while the consumer can choose what channels he or she wants, the cable company still has to pay for it. It's kind of like if the Grocery Store (cable company) forced you (the consumer) to buy the fruit salad because they bought all their fruit from the same company (TV station) who charges them the same regardless of how many individual pineapples or watermelons they bought. Oh, and noone else is making these varieties of pineapples or watermelons. Now, if you want Papaya (specialty station) you can go to the Grocery Store down the street (Satellite) but they make their fruit salad without the Pineapples which you want.

    So the consumer's best option is to get his tropical fruit off someone selling out of his van (P2P), which has it's own set of risks entirely.

  17. Re:Go congress! (did I just say that?) by RKBA · · Score: 2, Insightful

    As a fifth generation American, I find it bizarre that most people seem to be aware that we are being governed by hired prostitutes, and yet everyone seems to think it's "normal".

  18. Re:Go congress! (did I just say that?) by daveywest · · Score: 2, Interesting
    You really don't understand how a cable company operates.

    Networks offer packages to the local operator (or big nationals like Comcast). They are package deals. I can personally verify that the small (8k subs) cable operator I work for would never carry MTV2, MTV Jams, or MTV Hits if they weren't part of a package that included Noggin and Nick Toons.

    The problem is at the networks, not the cable operator. They are just like the recording industry who still thinks you can put an hour of crap on a CD, throw in two good songs and ship it out the door.

    Now that digital cable is really getting wide deployment (again thanks to the FCC), ala carte wouldn't be hard technically, but the economic constraints placed upon an operator by the networks like Turner, MTV, Scripps (Discovery Channel), Fox, etc. prevent an operator from doing so.

  19. Re:Go congress! (did I just say that?) by joedoc · · Score: 2, Informative

    Though I pity your absorption into the Comcast world (which I wouldn't wish on anyone), you'll have a lot more options with DirecTV. What's so "god-awful" about it? There's very little on cable than you can't get from them, the big thing probably being some kind of on-demand thing, and their new HD receivers will have that soon.

    With satellite, you at least have a choice of packages to generally get what you want. In fact, if they don't have what you want, you might want to call them and ask about specific offerings. They used to have special packages that they didn't generally advertise.

    The big issue here (AFAIK) isn't the lack of a la carte offerings by the cable companies, but the cost of offering them. This is the part that most people don't seem to want to understand. If you think cable is expensive now, watch what happens when the Congress forces them to offer channel-by-channel packages (which, when it happens, will once again demonstrate the Law of Unintended Consequences).

    Current cable distribution technology doesn't allow for users to pick a few channels and pay that way. The cablecos (and satellite companies, to some extent) have to pay per-subscriber fees to carry many of those channels. These fees are charged differently for different tiers of programming (basic, basic extended, etc), which is why some so-called "premium" channels are only available with certain packages (Note: this is the big issue involved in the dispute the NFL has with cable carries regarding NFL Network).

    In order to provide a la carte, the cable companies are going to have to build new user equipment that will provide such a service, or alternately, build new transmission equipment that allows them to select channels for each destination at the source. Now, we both know there is technology available to do this now. But to mass produce it, deliver it, test it, then figure out a way to make sure the customer billing matches their channel choices is going to cost a LOT of money if they're forced to do this. I'm certain that as time progresses, they will come up with ways to do it that they can roll out on a gradual basis.

    In the meantime, since you're getting satellite, just cutomize your receiver to display only the channels you want. It's easy to do, allows you to password-block specific channels from your kids, and makes your on-screen guide easier to maneuver. On my receiver, I remove all the shopping, foreign and religious channels (except EWTN, in case I skip mass on Sunday), along with specialty and sports channels I rarely watch. You can bring them all back up with one keypress on the remote, unless you block them, which requires a password.

    I know this doesn't make thing cheaper. But a la carte will NOT make cable and satellite bills go down. In fact, I guarantee they'll go way up...and everyone will be screaming at John Dingle to do something. At which point, he'll probably ask who the idiot was who pushed a la carte on everyone was.

    --
    Joe Dougherty, Florida, USA
    The words I thought I brought, I left behind. So, never mind.