The Jeff Pulver Blog: The Nework2 Petition to the FCC:

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March 20, 2007

The Nework2 Petition to the FCC:

Click here to download a copy of the Network2 Petition to the FCC filed earlier today.

"Network2 Petition for Declaratory Ruling that Internet Video is not subject to regulation under Title III or Title VI of the Communications Act:"

Tags: von, FCC, Network2, Internet TV, Video on the Net, Jeff Pulver

Posted by jeff on March 20, 2007 09:41 AM | Permalink

Additional resources: #140conf events | Watch the Jeff Pulver Show | Jeff's Qik Videos

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I would add that it is almost impossible to think about regulation outside the context of technology. Much of the regulation of television (and radio) has its genesis in the characteristics of the technology. Unconstrained spectrum usage causes interference, so we allocate broadcast channels and license them. Those licenses reflect the capabilities of technology at the time they are issued. Capital is invested throughout the value chain based on regulations that, in turn, grow out of technology.

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We, the early proponents of Internet video, are almost intoxicated with the power and the freedom of this new medium. We finally seem free of all prior constraints – spectrum and licenses aren’t needed, capital is almost optional, and even content licenses are optional as millions of people produce video and release it into the public domain. If the medium is unconstrained – if it no longer limits the form of our communications – is it time to reexamine McLuhan’s axiom? Are we on the verge of “pure” communications unadultered by the medium?

I doubt it. Quite apart from the risk of regulatory constraints, internet video is limited by technical constraints. I say this with confidence, even though those constraints are mostly invisible to me. We’ve seen this before. Motion pictures freed the Thespian arts from ancient temporal and spatial limits. Who then thought of film as constrained? Yet it is bulky and (by modern standards) expensive, it requires dedicated distribution, and display facilities (cinema) are vestigial of the theater. The high transaction costs in “consuming” film lead naturally to longer form content.

What limitless freedom we reached with the invention and commercialization of television! Radio with pictures! Now we can have theater in our homes, anytime, and even better radio. Newsreels are displaced by the evening news. Short form programs are viable. Television is less expensive to produce and distribute, and it’s easier to consumer. With television we had video utopia. What limits? Three of four channels in every city, available all day. Who thought a 6 MHz channels, a 4:3 aspect ratio, limited coverage areas, and the ephemeral nature of television were limits? What today is “real time analog over-the-air TV” was once radio with pictures and theater in the home.

Other developments that today seem quaint were, not too long ago, tools of unimaginable power. Cable gave us news, movies and documentaries 24 x 7, and let us remove our “aeriels” and rotators. VCRs gave us time-shifting and television on demand.

We can only guess at what we’ll eventually recognize as obvious and inherent limits of Internet video. Routing delay? But we can and should recognize that the fundamental constraints that rationalized (if not justified) regulation of broadcasting and cable video distribution do not apply to Internet video. Like a gas expanding to occupy all the space of its container, we are innovating, experimenting, testing, pushing, trying to find the limits. Another property of a gas? It can be compressed. When we fill the technical container of Internet video we may (or may not) find conditions that justify regulation of some sort – we may, in effect, compress our new freedoms. But we must first allow ourselves to discover the shape of our new container and, at least for awhile, enjoy the intoxication of possibilities that seem unlimited.

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March 20, 2007

The Nework2 Petition to the FCC:

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