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From the FSF Blog
February 4, 2016
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Senator Rubio's FSF Fifth Annual Telecom Conference Keynote Address
by
Randolph J. May
IMPORTANT NOTE: This is not an endorsement of Senator Marco Rubio, or any other political candidate or party. It is simply an endorsement of the value of substantive, constructive discussions of communications and Internet law and policy. And it is an expression of hope that during this election year, given the importance of the communications and Internet sectors to the economic and social well-being of our nation, political candidates at all levels will discuss and debate communications policy issues in a thoughtful way.
In thinking about the "state of communications policy today" - something I think about almost every day, whether for good or ill - I was reminded of the rather remarkable Keynote Address that Senator Marco Rubio delivered at the Free State Foundation's Fifth Annual Telecom Policy Conference on March 21, 2013.
I say rather "remarkable" because it was Senator Rubio's first substantive address regarding communications policy issues. Even a casual reading will reveal the substantive, thoughtful nature of Senator Rubio's discussion of the issues as he saw them in March 2013. But I say "remarkable" also in the sense that, upon re-reading now in February 2016, it is clear there is much in the address worth remarking upon, even today, or especially today.
So what I want to do is simply set forth below some excerpts from Senator Rubio's keynote in the hope that these excerpts will serve to elevate the discussion of communications and Internet policy issues in 2016 - just as I think Senator Rubio's address did when it was delivered in March 2013.
As readers of this space know, I happen to share many of the free market, limited government, forward-looking views expressed by Senator Rubio in his speech. I make no bones about that. But whether in this political season or not, I always welcome constructive debate of the issues in the hope that sound communications law and policy will emerge.
While I urge you to read the entire address, here are excerpts directly from Senator Rubio's Free State Foundation speech:
- I would like to spend a few minutes discussing some ways I think we can help the digital transition, and two issues that I think are critical to this effort and that I will hopefully work on with all of you moving forward. As you all know, the theme of today's conference is "Completing the Transition to a Digital World: How to Finish the Job and Why It Matters."
- It matters because the future of telecommunications and the services that the middle class uses are going digital. The future is an Internet Protocol based world. And therefore we, as policymakers, must put the right policies in place for broadband networks, for wireless Internet, and for the global Internet ecosystem to ensure that legacy laws and regulations don't deprive the middle class of the opportunities that will come along with the digital world. So how do we do it? Is it with more government and more regulation? Or through a light-touch regulatory structure based on sound analysis, competition, and economic growth? Do we break down regulatory barriers and reform laws based on the past? Or do we continue to subject 21st century industries to 19th and 20th century laws?
- For those of us who serve in government and for everyone in this room, one of the fundamental challenges before us is to find an appropriate, sustainable and limited role for government in creating the right conditions for entrepreneurs in these industries - and industries yet to be created - and their customers to take advantage of the services and technologies provided. So how do we do it? Well, I believe it has to start with a regulatory agency that works, and laws that are based on where the industry is headed, not where it used to be.
- Legacy regulations written in 1996 could not have contemplated the multi-faceted, IP world we have today. Don't get me wrong, I liked Windows '96 on my giant desk top computer and the brick sized phones like Crockett and Tubbs used on Miami Vice. But we've moved well beyond that. And it is time that Congress looks at moving beyond the '96 Act. For telecommunications, a law based on the past is only going to hurt its future. We also have to look at reforming the commission in order to have more of a predictable and transparent regulatory process.
- To ensure that the Internet's success continues and that society continues to benefit, we must keep it free from regulation, both at home and abroad.
- I hope that net neutrality mandates are overturned in court. And if that occurs, we must be prepared to oppose efforts by proponents of net neutrality to reclassify broadband and pass legislation doing so.
- Another issue critical to the digital transition is spectrum. The way I have described the issue - and I made this point last week - we talk about how important roads are to the economy, to getting your products to market and conducting commerce. And that is the way I see spectrum...as the roads of the digital age. And we know right now that the roads are getting crowded, and traffic is only going to get worse.
- Simply put, the world is going wireless. And we don't fully know what that world will look like in five years, much less ten years. With the development of cloud computing, M2M communications, and open source platforms, the industry will continue changing at a rapid pace. Competition between traditional carriers and web based companies is only going to continue, while consumers will demand greater bandwidth and higher download speeds. That is the great part about wireless telecommunications and the future of the industry: we don't know what's down the road in terms of new technologies and innovative devices. But we do know that in order for these new technologies and innovations to be realized, in order for more Americans to participate in the wireless economy, we will have to make more spectrum available.
- To ensure that we capitalize on these collaborations and reallocate spectrum in the future, I believe we need several things to occur: we need a full accounting of how agencies are utilizing spectrum and accurate estimates of what will be required to clear spectrum; we need the NTIA and OMB to hold agencies accountable to ensure that spectrum is being used efficiently; we need the wireless industry to be willing partners when working with NTIA and the agencies; we need leadership from the White House, from the FCC and NTIA, and from Congress to ensure that spectrum reallocation is a priority moving forward; and we need to be forward thinking - and by that I mean pairing spectrum bands to maximize proceeds and the use of that spectrum, and making spectrum available that is internationally harmonized.
- Now, I have laid out a few of my priorities and ways that I think we can further the transition. We have to start with the agency and laws governing this space - the transition will be inhibited unless we have a commission and laws that work. And more than anything, at least I believe, the future of the digital transition can be secured if we keep the Internet free from regulation and intergovernmental control, and if we get more spectrum into the commercial market.
If you prefer seeing to reading, here's the video of Senator Rubio's address.
REMEMBER THE IMPORTANT NOTE: This is not an endorsement of Senator Marco Rubio, or any other political candidate or party. It is simply an endorsement of the value of substantive, constructive discussions of communications and Internet law and policy.
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BTW, registration is now open for the Free State Foundation's Eighth Annual Telecom Policy Conference on March 23 at the National Press Club. I am quite certain it will be as good as, or even better than, the previous seven! You may register here.
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The Constitutional Foundations of Intellectual Property: A Natural Rights Perspective, by Randolph J. May and Seth L. Cooper, is available from Amazon and from Carolina Academic Press.
By the way, when you are shopping for books or other items on Amazon, please login through AmazonSmile here. If you do so, Amazon will donate 0.5% of the price of your purchases to the Free State Foundation. We know that it is a small donation, but every little bit helps to support our work!
The Free State Foundation
P. O. Box 60680
Potomac, MD 20859
Tel: 301-984-8253
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