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Runaway Regulator - FCC Chairman Michael Powell violates conservative principles
Tech Central Station ^ | February 14, 2003 | James K. Glassman

Posted on 02/14/2003 9:23:28 AM PST by HAL9000

There are two powerful Powells in Washington. While Powell pere has been laying the groundwork for war with Iraq, Powell fils, the 39-year-old lawyer who chairs the Federal Communications Commission, has been getting ready for his own showdown. Two weeks ago, The New York Times reported grandiosely that Michael Powell was "poised to fulfill a long-held vision by unshackling the nation's largest telephone companies -- from decades of regulation."

Not so fast! Lately, many of the likely friends of such an approach - including conservative groups like David Keene's American Conservative Union and Grover Norquist's Americans for Tax Reform, and small-business organizations, including President Bush's own Small Business Administration and the powerful National Federation of Independent Businesses - are sounding the alarm against Powell's proposal. And for good reason. What they see in Powell's plans is not deregulation triumphant but competition nipped in the bud.

On Feb. 10, Powell was forced to postpone a scheduled vote on his plan. He'll try again this coming Thursday, but it appears he lacks a majority.

Conservative Principles Violated

The problem is not merely the economic effects of reduced competition - like higher phone and broadband rates for small businesses and deteriorating services for families. Opponents also see Powell's vision violating basic principles of conservatism, including the authority of the legislature, not unelected regulators, to set the rules, and the rights of states superseding those of the federal government in important economic matters.

As Bruce Fein, a conservative legal scholar and former general counsel to the FCC, said in a recent letter to Powell: "For an unelected commission to trump the policy wisdom of elected and accountable representatives of the people in the Congress wrenches separation-of-powers principles and epitomizes agency arrogance."

Powell's proposal would certainly unshackle the four Bell giants - and the results could be devastating, especially for small, entrepreneurial businesses. Why would Powell go ahead? As a protégé of Bill Clinton's antitrust chief, Joel Klein, he simply may have some of the same urges to forge top-down industrial policy. He's also frustrated that telecom companies have not modernized as fast as he'd like. He evidently believes that, after those pesky competitors are gone, the Bells will have more incentive to invest in improving their networks. But he's got it backwards. A basic tenet of economics holds that monopolists don't increase supply, they restrict it - in order to increase prices.

Roots of Reform

Some background: In the early 1980s, a federal judge split up the nation's telephone monopoly, which had been nurtured, subsidized and protected by government for nearly a century. AT&T became a long-distance carrier, and it was forced into competition immediately. The law required the company to lease its lines to firms like MCI and Sprint, which built up customer bases over the years and then started to build their own facilities, forcing intense rate-cutting and quality-raising.

In 1996, Congress - with the support of every conservative member of the Senate - decided to use the long-distance model to bring competition to local service, which, under the court order, was in the hands of seven regional "Baby Bells" (today merged into just four). The Bells had to lease parts of their system (called unbundled network elements, or UNEs) to competitors (called competitive local exchange carriers, or CLECs). If the Bells opened up sufficiently, then they would be given, state by state, permission to enter long distance.

The Bells first supported the law, then fought it for seven years through lawsuits, lobbying and foot-dragging. Now, against all odds, it's working. The Bells now sell long-distance service in 35 states and have grabbed a big share of the market. Last year, CLECs used UNE pricing to win more than 10 million lines away from the Bells, in addition to millions of other gained through building their own facilities. In Michigan, for example, 2,000 residents a day are switching from the Bell incumbent, rates have dropped as much as 30 percent, and competitors have gained 20 percent of the market, up from 4 percent in 1999.

In addition, another early concern - that not enough Americans were using broadband - is being assuaged. There are now 16 million subscribers, and broadband is, by some calculations, the fastest growing new technology in U.S. history - despite the fact that it remains expensive and offers, at this point, no "killer app" (or application, like spreadsheet software for computers or e-mail for dial-up Internet access, that practically forces consumers to buy it).

Powell's Usurpation

Enter Michael Powell. He's unhappy with the system that Congress asked him to administer, and he wants to change it. His proposal is to restrict the power of the states to set UNE rates - even though the Telecommunications Act of 1996 explicitly gives them that authority. The Bells have been grousing that they can't make money with rates so low. That's nonsense. The real problem is that they don't like the competition that's suddenly been thrust on them.

But are rates really so low? Here's one test. If rates are low, you would expect the Bells themselves to use them to compete with each other. It's perfectly legal, for example, for Verizon, a Bell that concentrates on the northeastern states, to enter Illinois, where SBC is the incumbent. Verizon could rent parts of the system at UNE rates there and give SBC a run for its money. But it doesn't - either because it wants to maintain an obnoxious cartel or because its managers don't think it can compete.

In addition, Powell is resurrecting an old idea that died a couple years ago in Congress when the Senate refused to take action. That's the Tauzin-Dingell bill, which would prevent CLECs from connecting with key parts of the Bells' network, again as the 1996 required.

There are two ironies here that conservatives will appreciate. First, Congress too often shirks its responsibility when it passes a law and leaves it up to regulators to work out the details. But, to its credit, with the 1996 Telecom Act, Congress was far more explicit. Reps. Billy Tauzin, R-La., and John Dingell, D-Mich., knew that, in order to change the rules, they would have to change the law. But Powell seems to think that he can fulfill his own "long-held vision," law or not.

Second - and this is what bothers groups like the ACU - Powell's proposal tramples on the rights of states. Fein wrote that "a humble federal stance on UNEs is both compelled by the Constitution's time-honored federalism and saluted by the principles of enlightened government."

Other than telecom insiders, few Americans of any political persuasion have paid much attention to the telecom battle of the past seven years. Now, with Powell turning into a runaway regulator, conservatives are getting properly exercised. If Powell gets his way, the beneficial effects of competition, which consumers in key battlegrounds like Illinois, Michigan and Ohio are already seeing in their phone bills, will vanish, with dangerous political consequences in these dangerous times.


TOPICS: Business/Economy; Government; News/Current Events; Technical
KEYWORDS: broadband; competition; fcc; internet; michaelpowell; monopoly; statesrights; telecom
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To: Bogey78O
This doesn't make sense for the reasons I stated earlier. Is everybody going to have a wire from every competitor coming into their home or business? The costs of maintining the copper plant are borne by your subscribers past and present as well as by the non-recurring and recurring charges that you collect from CLECs.

Well trained and qualified technicians will have opportunities in a competitive market. Lousy technicians will not. In my opinion, competition will end some of the welfare that the ILECs dole out currently to poorly performing employees.
21 posted on 02/14/2003 7:34:02 PM PST by jayef
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To: jayef
Yea, that was the deal then. And if the feds want to keep playing with this deal then they're going to be watching a telcom industry that will get run over by third world countries.

Look at it this way. It's better for patients if doctors see them in a timely manner and if possible in some instances make house calls. However it's not profitable so the patients are just SOL.

No matter how you cut it there's only so much money out there that can be made. And there's only so much overhead you can cut.

I'd much rather amend the laws though if you're really up for it where so much is paid by the CLEC for the amount of copper and type of system used in the loop. That way the CLEC picks up a truer cost of what they're selling and doesn't wind up getting a deal where they can always undercut Bell's prices. If a CLEC thinks it can do well getting rural customers DSL then they can put in an order for it and Bell would write them up a bill for it and they'll get their customer what they want with Bell getting no profit off of it. If they get a customer who wants a phone and the cable isn't laid then they pay the bare costs to lay the cable. And if their customer bails then they have to eat the loss like Bell normally does. If their customer service is high quality and that's what sells it then their customer stays and everyone is happy because Bell doesn't invest in it, the CLEC gets the customer, and the customer gets the service they want.

Of course it puts a great deal of risk on the CLEC so I'm sure they'd rather not go that route. They'd much rather keep to the tried and true printing up of bills and interoffice switching and not even touch the last mile of death. Let Bell take the risk after all.

When you think about it, it takes more than a few months to recover the cost of a new installation with a normal residential customer.
22 posted on 02/14/2003 7:36:19 PM PST by Bogey78O (It's not a Zero it's an "O")
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To: jayef
'Well trained and qualified technicians will have opportunities in a competitive market. Lousy technicians will not. In my opinion, competition will end some of the welfare that the ILECs dole out currently to poorly performing employees.'

C'mon. Wasn't your uncle a technician. I guess he never told you how it is out here. On second thought he retired before the hammer came down and they started working us like slaves.

But to keep it simple the technician is always seen as a drag on the company whether he's productive or not. And an addendum to that is the technician always gets the shaft since he depends on every part of Bell.

But how do we judge the quality of the tech? Is it speed or is it in their ability to correct a problem? A fast tech can fix a line and get it back up easily. However he may do so at the expense of the next guy down the road. But he's made sure the company get's its money. The quality tech takes too long and despite doing a terrific job will be seen as a drag on productivity. So how do you judge?

As to the last mile....see my last post.
23 posted on 02/14/2003 7:42:13 PM PST by Bogey78O (It's not a Zero it's an "O")
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To: Bogey78O
I don't know how to make this plainer. We pay you for loops. We pay you at rates that you agreed to in state commissions in exchange for your entry into LD. Now you're working the feds, pucs and state legislators to break the deal. YOU JUST GOT LD. You got the carrot. Now you want more carrot. My God man! So what are you going to say to my investors when you pull the plug on their investment? Sorry. How bout some Bell stock?
24 posted on 02/14/2003 7:44:23 PM PST by jayef
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To: jayef
We made the deal back in 1996 when LD meant something. They didn't give it to us till 6 years later. We aksed for the carrot back when it was worhth soemthing. Now after 6 years when the carrot's worth a lot less now they give it to us.

Getting back to customer service. Wouldn't it be better just to drop CLECs and have the Feds set strict quality service guidelines with mandates for broadband depolyment else revocation of operating license?
25 posted on 02/14/2003 7:54:18 PM PST by Bogey78O (It's not a Zero it's an "O")
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To: Bogey78O
You had to do your part first. You had to open your network. That it took you six years to do so is nobody's fault but your own.

Um, actually no it wouldn't be better. Federally mandated service quality would be a dubious solution at best. What about prices? What about the pressure we have exerted on you to improve your quality and to offer more products? You really think a strongly regulated monopoly is the best way to serve consumers?
26 posted on 02/14/2003 8:13:38 PM PST by jayef
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