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February 23, 2007

Only Connect

I've posted a draft of my latest law review article, Only Connect to the SSRN archive. Comments are welcome.

My claim is that there are two types of rules for communications networks: interconnection rules and non-discrimination rules. The distinction has never been fully appreciated, even though regulators have imposed both requirements many times. Non-discrimination questions predominate today, but in reality, the central challenge of our era of digital convergence is interconnection.

Both sides of the network neutrality debate are therefore mistaken. I share the concerns of network neutrality advocates that broadband network operators will constrain applications and services on their networks, thereby throttling innovation. However, I'm skeptical the remedy they propose -- non-discrimination safeguards -- will work. A renewed emphasis on interconnection could address the primary network neutrality concerns, and also potentially avoid a disastrous balkanization of the Internet, which otherwise looms as a real possibility.

These are important, complicated issues, and I think the current battle in Washington fails to address some essential points. Again, I welcome feedback and suggestions.

Posted by Kevin Werbach at 1:22 PM | Comments (1)

February 20, 2007

Supernova 2007 Connected Innovators Program

We've just announced the 2007 version of the the Supernova Connected Innovators program, co-hosted by TechCrunch. This was one of the highlights of last year's conference, so we're thrilled to be working with Mike Arrington again. We're even expanding the program to add benefits for both the selected companies and attendees.

The Connected Innovators program recognizes compelling emerging technologies likely to make an impact on the connected future. From scores of applicants, Mike and I will select twelve top new companies to highlight at Supernova and on the TechCrunch website. (Here are last year's winners.)

Participation is by application only. If you're interested, please review the program details, and download the submission form, which is due no later than April 13.

Posted by Kevin Werbach at 7:04 AM | Comments (0)

February 10, 2007

Microsoft's Misunderstood "Mystery Device"

I was in a seminar all day yesterday, so I missed this until a reporter contacted me. Apparently, some bloggers and news outlets went ballistic about a "mystery application" with the FCC that Microsoft filed, supposedly for a phone version of the Zune music player.

No one appears to have read the actual filing, readily available from the FCC website. It's pretty clear, and tells a different story. First of all, it's not an application to certify a device. It's a letter answering questions about a prototype, and it has to do with the FCC white spaces proceeding, which I've written about.

Microsoft and a coalition of other companies including Dell, HP, Intel, and Google are pushing the FCC to allow low-power unlicensed "underlay" usage of wireless frequencies currently occupied by TV broadcasters. The broadcasters oppose this. One argument they make is that it's not technically feasible for an unlicensed device to operate that way, and not interfere with the licensed broadcast signals. So, obviously, Microsoft and its allies have built a prototype to show they are wrong.

Microsoft may be planning a Zune phone. I have no idea. This device ain't it.

Even if it's something that eventually will become a Microsoft product (unclear), the FCC hasn't even approved unlicensed use in the white spaces yet. And they very well may not. Best cast scenario, it will be a couple years before we see commercial white-space underlay devices. I'm a big supporter of these unlicensed uses, and have been for years. But let's not get carried away with incorrect assumptions.

Posted by Kevin Werbach at 7:26 AM | Comments (0)

February 2, 2007

Video driving the broadband business

Comcast CEO Brian Roberts loves YouTube:

"...4 percent of all the bits going across high-speed Internet lines at Comcast is YouTube. We don’t view that as a bad thing. We view that as a great thing in terms of the core video business versus a differentiated broadband business.” (via PaidContent)

Video will shape the economics of the Internet over the next few years, even as it remains a minority of actual usage. The bandwidth requirements are just so much greater than for text and static images.

Posted by Kevin Werbach at 7:56 AM | Comments (0)

Supernova 2007

My Supernova conference is once again on the horizon.

This year's event, Defining the New Network, will be held June 20-22, in San Francisco. We've officially opened registration, and put new information on our website at http://www.supernova2007.com.

I hope you can join us for what promises to be both a stimulating and fun experience.

Posted by Kevin Werbach at 6:42 AM | Comments (0)