[opendtv] Re: TV Technology: Deregulation Picks Up Steam
- From: Craig Birkmaier <brewmastercraig@xxxxxxxxxx>
- To: opendtv@xxxxxxxxxxxxx
- Date: Tue, 05 Dec 2017 07:39:46 -0500
One more thing...
On Dec 4, 2017, at 10:07 PM, Manfredi, Albert E
<albert.e.manfredi@xxxxxxxxxx> wrote:
Courts, do the right thing.
Gotta love Bert’s new byline. But in this case it helps explain the way the FCC
process actually works, and WHY it adds so much overhead to any discussion of
communications policy.
The author of this “legal analysis” brings up an important fact about how FCC
orders actually work. Keep in mind that there are hundreds of lawyers like this
guy, who make their living dealing with Federal, State and local regulators...
So let me play Bert’s trump card and turn this into a net neutrality discussion.
Interested parties are now waiting for the Reconsideration Order to be
published in the Federal Register. When that happens, a shot clock will begin
for the filing of court appeals. It seems almost certain that such appeals
will be filed by the public interest groups that have long opposed media
ownership deregulation. Portions of the Reconsideration Order may also be
appealed by other parties. This could include, for example, the waiver policy
for top-four combinations in television, which has been criticized by the
cable industry.
The first two words here are critical: “Interested Parties”
I wonder if the people behind the Net Neutrality comments from Russia will file
a class action suit against the FCC order?
Or maybe the millions who followed their marching orders from John Oliver, who
sent form letters to the FCC, will start up a Go Fund Me page to pay for a
massive class action suit to “make sure their votes are counted.”
As the author/lawyer points out, after every FCC order is published in the
Federal Register, a shot clock is started to control when appeals must be
filed. But WHY must appeals be filed?
Because that’s how the lawyers make their living. It is virtually automatic for
the special interests who are on the losing side of every FCC decision to take
the decision to court.
Just another reason why it takes so long to get anything done via the
regulatory state. Or to put this into a slightly different perspective - it is
how regulated monopolies protect their turf and keep annoying small competitors
who cannot afford to play the game on the sidelines...
Regards
Craig
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