Media and Communications Policy at a Critical Juncture

University of WyomingJoel Kelsey, Policy Analyst

September 25th, 2008

“communications”?

“mass-media”?

“communications”?

“mass-media”?

Foundation Foundation • Broadly speaking, communications policy and

regulation has been broken up into three major categories:– Common carriage (telegraph)– Interconnection requirements (telephone)– Scarcity management (radio, wireless)

• All had different starting points, ultimately culminating in “the Act” (1934 Communications Act).

• All deal in some way – or provide some insight – into regulating gatekeepers to a networked communications environment

At a CrossroadsAt a Crossroads

• Deregulation of 80’s and 90’s

• Broadband + Digital Technology = Game Changer

• New “communications network” is shifting conventional wisdom about “mass media”

Justice Issues ExposedCommunity MediaNew Digital Tools

Skills Training

Open Distribution NetworkOpen, Affordable, Accessible

NetworksNeutrality

IP and Copyright of Source Code

Reaching an Audience: Access to InfrastructureAccess to Comm Infrastructure

Access to KnowledgeNetworked Environment

Freedom to speak / be heardIP threats

New Era New Era • Investment in Infrastructure

• FCC v. Brand X (2005) - the United States Supreme Court upheld the FCC’s right to categorize cable broadband providers as “information services.” The practical import of these technical classifications has been to release broadband services from most anti-discrimination, common carriage or line-sharing obligations.

• Net Neutrality Debate

NETWORKED ENVIRONMENT

CONNECTIVITY AND CODE LAYER

Protocol used to transmit or transport communications signals

over the network.

APPLICATIONS LAYER

Software that allows end users to access, store, navigate content.

*FROM GLOBAL PARTNERS AND THE FREEDOM OF EXPRESSION PROJECT

CONTENT LAYER

Material that the network transmits.

PHYSICAL LAYERNetwork hardware and

infrastructure that transmits signals and is required by end users and

ISPs.

Policy Pressure Points Policy Pressure Points • Comcast-BitTorrent Complaint and Petition

• Text Message Petition

• Net Neutrality Legislation (S.215 and H.R.5353)

• 700 MHz Spectrum Auction

• Broadcast White Spaces

• Universal Service Reform

• Oversight of mergers

– Verizon / Alltell

– Google / Yahoo!

– Microsoft / Yahoo!

– Sprint / Clearwire

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• Bullet points• Bullet points • Bullet points