The central question in the debate is whether or not the FCC should allow a pure open incentive auction in which all qualifying companies may participate without restrictions, or whether the FCC should make the redistributed spectrum available only to those competitors serving fewer consumers.
FORBES: Time For The FCC To Auction Off More Wireless Spectrum
But these hard-won successes do not remove the real risk of spectrum depletion if the FCC does not move quickly to free more capacity.
FORBES: AT&T Moves Dramatically Towards 'Internet Everywhere'
Last year, for example, a bipartisan majority of Congress urged the FCC not to wade in on net neutrality, at least not until Congress gave the agency authorization to do so.
One argument is that the law would not force the FCC to end spectrum caps, so if a firm purchased additional spectrum that it preferred to its current spectrum it could divest later.
FORBES: Spectrum Auctions: Should Congress Let AT&T, Verizon Bid?
The 'nets are abuzz with talk of the Samsung SPH-A523, a handset that passed through the FCC not long ago, is apparently destined for the MVNO, and is said to resemble Samsung's beautiful Ultra Edition 10.9.
ENGADGET: The Helio Drift is dead, long live the Mysto? Mobile
The company makes clear that the decision to limit FaceTime over cellular to Mobile Share customers does not violate the FCC's net neutrality rules -- after all, it's being decidedly transparent about the frowned-upon choice -- nor does it cross the line on any "blocking" issues.
ENGADGET: AT&T confesses: its network couldn't handle unchecked FaceTime over cellular
As noted by the WSJ, the FCC does not usually go public with announcements of investigations.
FORBES: Did Google Violate the Wiretap Act with its WiFi Snooping?
Common sense says no, but the FCC has not responded to a Feb.
FORBES: AT&T Moves Dramatically Towards 'Internet Everywhere'
Court of Appeals has ruled that the FCC does not have statutory authority to regulate broadband or the Internet, i.e. mandate net neutrality.
Recently, Verizon and Metro PCS appealed the FCC order on the grounds the FCC does not have the statutory authority to regulate the Internet.
Appeals Court that is hearing the case ruled, in 2010 in an analogous case, that the FCC does not have unbounded authority to regulate broadband or the Internet.
He's disappointed that President Obama and his FCC have not moved more quickly to put tough rules in place, mainly by reclassifying the Internet to be regulated in much the same way traditional telephone companies have been.
The critics say that Martin is not paying enough attention and is in fact taking the FCC down a path where attention is not being seriously paid to studies that contradict a pro-cross-ownership position.
Not to worry, for FCC Chairman Kevin Martin has a plan: more regulation.
This FCC prototype may not be the final design, but if nothing else, it's proof that the device is evolving.
ENGADGET: Razer's gaming tablet drops by the FCC, leaves handles at home
"The peer-reviewed scientific evidence has overwhelmingly indicated that wireless devices, within the limits established by the FCC, do not pose a public health risk or cause any adverse health effects, " said a statement from John Walls, the group's vice president for public affairs.
If Net Neutrality is to be law of the land (and I do not believe it should be for many reasons I detailed years ago), Congress at the very least needs to affirm it, to approve it, not get owned by an FCC that goes around it and steals its cookies.
FORBES: Lawless Net Neutrality vs. the "Resolution of Disapproval"
Both Viacom (nyse: VIA - news - people) and the Fox unit of News Corp. (nyse: NWS - news - people) already exceed the cap on television station ownership as a result of their past mergers with CBS and Chris-Craft Industries--mergers the FCC rules did not prevent.
The job of the FCC is to regulate not negotiate with giant corporations.
BBC: Protesters denounce Google plan for 'two-tier internet'
Unfortunately, this feature requires use of the WT-5A wireless dongle, which is still awaiting FCC certification and could not be demonstrated.
ENGADGET: Nikon D4 Ethernet tethered shooting hands-on (video)
But some observers suggest that the FCC abdicated its responsibility by not tackling the issue months ago.
Not much anyone can do since the FCC does allow the Copy Once CCI byte to be set on non-broadcast TV, but still, it sucks for those who are affected.
ENGADGET: FiOS customers moved to Frontier getting Copy Once DRM HD
By limiting the eligibility for the auction to firms or partnerships which did not already hold a license, the FCC expanded competition to four to five firms in each market.
FORBES: Spectrum Auctions: Should Congress Let AT&T, Verizon Bid?
The Obama administration has not yet formally announced its candidate for FCC chairman, although Obama technology adviser Julius Genachowski has been picked for the job, people close to the situation say.
Supporters of the burgeoning phone technology are worried that new FCC chairman Kevin Martin might not follow in the footprints of his predecessor, Michael Powell , who was a staunch supporter of VoIP services, and helped push through early regulatory defenses of the technology.
The challenge is not to enable and cheer a bloated FCC picking favorites among content and infrastructure providers, but for the agency to legitimize property rights, special agreements and novel contracts, and articulate how these advance the "background hum" of even greater openness that we enjoy.
And of course, if someone wears an outfit that truly violates FCC regulations, then CBS should not allow that person on camera.
The FCC also directed that Harbinger could not flip this frequency it was awrded to either ATT or Verizon, the two dominant cellular providers, in the future.
Remember that the court overturned the rule because the FCC had overstepped its authority, not because the Broadcast Flag was inherently unconstitutional, so now the industry has decided to stop messing around and are leaning on their pals in Congress to enshrine the Broadcast Flag as law.
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