Tuesday, August 9, 2011

Who Should Government Regulators Listen To?

Jeffrey Carlisle, EVP of Regulatory Affairs for the controversial new broadband provider, LightSquared, made a suprising statement yesterday. In referencing a recommendation by the National Executive Committe for Space-Based Positioning, Navigation, & Timing (that's a mouthful) to the FCC, Carlisle said it “should be given no weight by the commission.” Which, on the surface sounds harsh, but begs the question: who, then, can policy-makers trust?

Carlisle's argument is not unintelligent. The board's recommendation that the FCC should refuse LightSquared's use of spectrum previously dominated by satellites was reached before LightSquared announced it's plans to avert any ill-effects of their technology. Carlisle also pointed out that the board, while having an impressive title, does not write policy or have any real "power" over executive decision.

What Carlisle didn't include in his appeal (and wisely so, perhaps) is the fact that this "National Executive Committee" consists primarily of private-sector agents representing the interests of businesses who stand to be affected by LightSquared's new technology. Why does that matter? It means that Carlisle and LightSquared cannot be slanted as the only party in this matter with financial motives at heart. The FCC must decide what's just and what's best for the nation's communication infrastructure realizing that both their National Executive Committee and LightSquared's appeals have commercial motives.

The trouble is: whose advice can the FCC trust? The reality is that the best and brightest minds in a capitalist world will be employed in the private sector. So, when the government needs unbiased and highly technical analysis, who will perform it?

I don't envy the FCC's role in making this decision. Whichever direction they decide to go, much criticism will befall them. If the businesses dependent on satellite technology suffer because of the FCC's decision to permit LightSquared to proceed, age-old industries will be at risk. However, the FCC also stands the potential err of protecting established industry at the cost of single-handedly destroying an innovating tech start-up. Quite honestly, that prospect scares me.

The answer, perhaps, lies in the T-Com industry at-large. Competitors, vendors, and allies of LightSquared should consider sending their own suggestions and feedback to FCC regulators. Unbiased and biased alike, if the FCC is to make a just ruling, then more input may be required for a wide range of sources. Fortunately, the FCC has invited you to do just that. Via the website reboot.FCC.gov, you can submit feedback directly to the FCC regarding this and any other matters. So, I encourage you: consider the matter, compose your thoughts, and submit the feedback.

Labels: Broadband, FCC, lightsquared, tcom