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Monopoly Man - The White House must stop Michael Powell
http://www.techcentralstation.com/1051/techwrapper.jsp?PID=1051-250&CID=1051-010603F ^ | January 6, 2002

Posted on 01/07/2003 12:43:54 AM PST by HAL9000

The Wall Street Journal today reports that Chairman Michael Powell will ask the FCC to vote early next month on changes that would force competitors to pay the giant Bell companies higher rates to lease lines - "a move," write Journal reporters Yochi J. Dreazen and Shawn Young, "that could reduce competition and price-cutting in the local phone market."

There's no "could" about it.

If the FCC goes ahead on Powell's plan, the huge gains that consumers have scored in the past year will be erased, and the chances for a high-tech recovery will diminish.

If there is one major consumer-focused achievement to which the Bush administration can point, it is in telecommunications, where rates have fallen significantly in many states. Powell wants to change that.

The White House finds itself in a difficult position. Although he is an appointee of the president, as chairman of the Federal Communications Commission, Powell is supposed to have a certain independence. But Democrats will inevitably blame higher telecom rates on President Bush, who will be accused of coddling the Bell monopolies.

The answer: The White House would be wise to intervene quietly - but immediately to block this disastrous policy.

To date, the consumer gains from telecom competition have been significant and they will intensify over the next year as the election approaches. The Journal itself reported Dec. 12, for example:

"Every day, nearly 2,000 Michigan residents switch their local phone service to AT&T and WorldCom Inc.'s MCI unit…. Bell challengers have increased their share of the state's local market to more than 20 percent from just 4 percent in 1999.

"The competition is reducing prices. Four months after AT&T entered the Michigan market, SBC Communications, Inc., which owns the local Bell, cut the prices on many of its local packages by as much as 30 percent."

Similar success stories are happening in New York, Ohio, Illinois and around the country. At the end of 2002, an estimated 10 million American families were getting local service from a non-Bell company, compared with 7.5 million in July.

Now, in one radical stroke, Powell wants to go back to the bad old days of monopoly. But it's worse. Rather than just owning the local telephone market, the Bells could easily end up with a monopoly in long distance and a near-monopoly in broadband, or high-speed Internet connections, as well.

No wonder the leaders of 22 conservative groups, including Grover Norquist of Americans for Tax Reform and David Keene of the American Conservative Union, reaffirmed their support for the deregulatory law, the Telecommunications Act of 1996, that brought consumers these benefits and that Powell now wants to gut.

The conservatives object strongly to the FCC trampling on the rights of states, whose encouragement of competition has served to contrast - and embarrass - the federal regulators. The state commissioners have required the Bells to live up to the Telecom Act by leasing their lines at reasonable rates.

The Telecom Act established a blueprint for wide-open competition. The deal was that the monopoly Bells (once seven, now just four) would be able to move into long distance if they opened up their local networks. The Bells now sell long-distance services in 35 states and have quickly grabbed a market share of 25 percent. But until lately, they have managed, through lawsuits and lobbying, to keep competitors out of their local bailiwick.

As the competitors began making inroads this year, the Bells screamed bloody murder, claiming that they were facing terrible financial problems - when, in fact, they have remained extremely profitable. SBC and Verizon, the two largest Bells, last year had revenues of $120 billion and earnings of $16 billion. Return on equity for each company is a whopping 22.5 percent.

Now, Powell, whose regime at the FCC has been marked by indecision, is responding to the Bells' entreaties. The result could be a debacle - not just for consumers but for technology companies. Higher rates for broadband, for example, will mean that high-speed applications won't reach as many Americans.

Here is the way the Journal reporters put it today:

"Critics charge the plan would derail the growing competition for local phone service without offering a viable alternative. They point out that the Bells promised to open their local markets to competition before they could gain regulatory approval to sell long-distance, and now that they have the reward in hand, the regional giants would essentially be gaining permission to choke off competition."

Powell, according to the Journal, believes that "real competition requires that any company seeking to provide local phone service must own its own network, the physical lines over which information travels."

Well, that may be his belief, but it is not the law.

The Telecom Act clearly calls for competitors to be able to lease Bell lines rather than building their own networks from scratch. This idea of leasing first, then building later was precisely the means to competition in long distance, which is now robust.

Back in the 1980s, AT&T was required to lease long-distance lines to MCI and Sprint. As they developed their own customer bases, these competitors then built out their own networks. Congress, the White House and state regulatory commissions envisioned the same process for local service under the Telecom Act. Powell, on his own, has decided on a different course, according to the Journal.

While the Bells disingenuously are lobbying to force their competitors to build their own local networks, the Bells themselves are leasing long-distance lines. Why not force the Bells to build their own long-distance networks?

That would, of course, be absurd and wasteful - just like Powell's vision for local service. But worse is the devastating effect on competition.

The patron saint of capitalism, Adam Smith, wrote more than 200 years ago that policymakers should pay attention to consumers and let producers take care of themselves. The Powell Doctrine at the FCC has it backwards. The chairman wants to take care of a special group of producers - the Bells - and let consumers fend for themselves.

That's bad, not just for consumers, but for the economy and the president.



TOPICS: Business/Economy; Editorial; News/Current Events; Technical
KEYWORDS: bells; broadband; competition; fcc; freemarket; michaelpowell; monopolies; phone; powell; rbocs; telephone
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To: Bush2000
The so-called 'Intellectual Property' laws are a govt-mandated monopoly. Just like the phone infrastructure.

The constitution originally mandated that creators have the rights to profit off an idea for 7 years. Not that ideas are 'property'.

So, logically, if you feel the phone lines are public property because our tax dollars enforce them, then so should be govt-protected IP.

Oh, wait -- you are just a shill for MS, and not the phone company. That's right.

This is a sweet irony, you on the other side of a shill and not liking it!

41 posted on 01/08/2003 8:05:46 AM PST by Dominic Harr
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To: Dominic Harr
The so-called 'Intellectual Property' laws are a govt-mandated monopoly. Just like the phone infrastructure.

True, but unlike other government-sponsored monopolies (such as the RBOCs), intellectual property must be earned and created through hard work and sweat. The monopoly on the telephone system was given away in smoke-filled back rooms and with political maneuvering. There is no creative requirement in order to get the government to award you exclusive ownership of a particular resource (mining, forests, phones, etc). It is that distinction that makes the difference between the two.

Secondly, government-sponsored monopolies such as RBOCs are not created by the Constitution. They're created by government run amok. Intellectual property ownership, on the other hand, is specifically named in the Constitution as a fundamental right of inventors.
42 posted on 01/08/2003 8:52:50 AM PST by Bush2000
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To: Bush2000
Some people can't obtain PCS or cellular -- or the coverage is so bad that it's almost no point in using. What other choices do they have?

Telephony over high speed cable modem. Im sure the local cable company would be happy to help ween them from ma bell.

43 posted on 01/08/2003 9:01:19 AM PST by Dave S
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To: Bush2000
Secondly, government-sponsored monopolies such as RBOCs are not created by the Constitution.

'Intellectual Property' laws' are the same -- nowhere in the constitution does it say ideas are 'property', only that the creators have a right to profit off the idea for a limited period of time (7 years, at the time).

The laws that were created by an out-of-control govt, bought and paid for by companies like Disney and MS, created MS's current monopoly.

Yet you like the MS govt-backed monopoly, and not the phone company's.

Because you don't get paid by the phone company.

44 posted on 01/08/2003 9:30:51 AM PST by Dominic Harr
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To: Dave S
Telephony over high speed cable modem. Im sure the local cable company would be happy to help ween them from ma bell.

C'mon, you and I both know that the service level just isn't there yet. It's more like using a walkie-talkie.
45 posted on 01/08/2003 9:51:13 AM PST by Bush2000
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To: Dominic Harr
'Intellectual Property' laws' are the same -- nowhere in the constitution does it say ideas are 'property', only that the creators have a right to profit off the idea for a limited period of time (7 years, at the time).

You and others seem to get hung up on the distinction between 'physical property' and intellectual property'. Personally, I think that's a strawman. Whether you call it 'intellectual property' or 'intellectual foobar' is irrelevant to me. All that counts is that the Constitution specifically assigns rights of ownership to those ideas to inventors and protects them for a given period of time.

The laws that were created by an out-of-control govt, bought and paid for by companies like Disney and MS, created MS's current monopoly.

True, but they are the law.

Yet you like the MS govt-backed monopoly, and not the phone company's. Because you don't get paid by the phone company.

MS's so-called "monopoly" isn't backed by the government, Harr. If someone needs a computer -- even an Intel desktop computer -- they can go to other sources besides those that offer MS products. If I wanted telephone service in the 1960s, I had no choice besides the government-backed AT&T. Big difference. But, I don't want to get into an argument about whether it's a monopoly, though, because it's a horrible waste of time and I have better things to do than argue with you when you try to argue what "is is".

I do hold stock in phone companies, Harr. The fact that I receive money/dividends from that stock doesn't mean I support them, either. The reason I support MS is because consumers do have a choice. You don't need to read Judge Jackson's Findings of Fact to realize that you can get a desktop PC without a Windows operating system. I can do it in about 5 minutes over the Web. Thus, the fact that consumers aren't practically forced to buy MS means that there really isn't force involved at all. Or market power.
46 posted on 01/08/2003 9:59:23 AM PST by Bush2000
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To: Bush2000
You and others seem to get hung up on the distinction between 'physical property' and intellectual property'.

It's a small thing conservatives have for not changing the constitution to suit your needs.

The constitution doesn't say anything anywhere about 'intellectual property', 'ownership of ideas' or any of that. This is all a product of an out of control govt bought and paid for by corps like Disney.

The constitution merely says that content creators have a sole right to profit from their works for a limited period of time -- 7 years, a the time.

No where does it say that content producers can "own" ideas.

That is purely the product of a corrupt system.

Eventually the 'IP' laws will be replaced with 'minimum wage' laws, getting back to the constitutional roots. Any attempt at labeling 'ideas' as 'property' is as doomed as labeling 'human slaves' as 'property' was.

Ideas aren't property. *Can't* be property.

P.S. -- I won't likely be able to respond for some time, got a rollout tomorrow. Sorry.

47 posted on 01/08/2003 1:02:20 PM PST by Dominic Harr
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To: Bush2000
C'mon, you and I both know that the service level just isn't there yet. It's more like using a walkie-talkie.

But you were the one that said there were NO OPTIONS. Didnt say the options were as good as Ma Bell but you get what you pay for.

48 posted on 01/08/2003 1:31:17 PM PST by Dave S
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To: Dave S
But you were the one that said there were NO OPTIONS. Didnt say the options were as good as Ma Bell but you get what you pay for.

Talk about a laughable option. Maybe 20% of the country has broadband. What about the rest of them? Screwed? Not realistic.
49 posted on 01/08/2003 1:49:47 PM PST by Bush2000
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To: Dominic Harr
Ideas aren't property. *Can't* be property.

The implementation of an idea is certainly property. And can be patented.
50 posted on 01/08/2003 1:50:45 PM PST by Bush2000
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To: Bush2000
'True, but unlike other government-sponsored monopolies (such as the RBOCs), intellectual property must be earned and created through hard work and sweat. '

The gov't didn't buy Bell it's copper. They did tax it though.
51 posted on 01/08/2003 5:53:06 PM PST by Bogey78O
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To: Dave S
And use another gov't backed monopoly with ZERO competition?

Sure...why not.
52 posted on 01/08/2003 5:53:55 PM PST by Bogey78O
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To: Bush2000
There's no profit in broadband short term. That's why CLECs aren't building the infrastructure. They're letting Bell build it and take the risk then stepping in to make profits even less likely.

If AT&T was still around as it once was DSL would be everywhere thanks to a guaranteed profit as well as long distance and business phoens subsidizing it for local service.
53 posted on 01/08/2003 5:57:36 PM PST by Bogey78O
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To: Bogey78O
The gov't didn't buy Bell it's copper. They did tax it though.

It's not as if we had a choice of an alternate supplier now, did we?
54 posted on 01/08/2003 6:45:37 PM PST by Bush2000
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To: Bush2000
Actually you don't need a phone. AT&T did lose turf to other companies in the past. River Region Phone Co was one such local case.
55 posted on 01/08/2003 6:50:25 PM PST by Bogey78O (It's not a Zero it's an "O")
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To: Bush2000
But so you'll know the alternatie was to have either the gov't lay the cable and nationalize it or have a million different companies lay their own cable and we'd look like Beirut with a billion pole mounts.
56 posted on 01/08/2003 6:52:29 PM PST by Bogey78O (It's not a Zero it's an "O")
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