Teletruth Letter to the Judge Regarding the SBC/AT&T and Verizon/MCI Mergers

Teletruth:

Teletruth believes there exists an inherent contradiction in representations of the SBC-AT&T and Verizon-MCI mergers in the complaints and consent decrees filed by the DOJ October 27, 2005.


The complaints note broad competition. For example – “SBC and AT&T compete in the sale of wireline telecommunications services to retail and wholesale customers in the United States.” The complaints note particular concern about Local Private Lines. For example – “the proposed merger is likely to substantially reduce competition for Local Private Lines and telecommunications services that rely on Local Private Lines to those buildings.” The DOJ believes the magnitude of these concerns provides sufficient justification to block the mergers. For example – “that Defendants be permanently enjoined and restrained from carrying out the Agreement and Plan of Merger dated January 30, 2005.”

A Look at the UW’s “Broad” Stem Cell Patents

Antonio Regalado & David Hamilton:

The broadly worded patents, which cover nearly any use of human embryonic stem cells, are held by the Wisconsin Alumni Research Foundation, a nonprofit group that handles the school’s intellectual-property estate, managing a $1.5 billion endowment amassed during 80 years of marketing inventions.

John Simpson, an official at the foundation bringing the challenge, says WARF’s efforts to enforce its patents are “damaging, impeding the free flow of ideas and creating a problem.” Mr. Simpson’s group got involved in the dispute earlier this year after Wisconsin officials said they would demand a share of state revenue from California’s voter-approved stem-cell initiative.

WARF doesn’t charge academics to study stem cells, but it does ask commercial users to pay fees ranging from $75,000 to more than $250,000, plus annual payments and royalties. So far, 12 companies have licensed rights from WARF to use the cells, and more than 300 academic laboratories have agreements to use the technology without charge. WARF spokesman Andy Cohn declined to say how much the organization has earned from the patents so far but says it is less than what it has spent funding stem-cell research and paying legal costs.

The Future of America Forecasts, Part 2

“Fabius Maximus”:

orecast #3: the death of the US Constitution.

The Constitution was originally designed to specify the duties for each of America’s three branches and to limit their powers. Its ability to do the latter function has faded rapidly since the New Deal. Already most of the Bill of Rights remain de jure in force but are de facto void, as can be seen by a Lexis search of successful attempts to use them in litigation – you’ll find almost none.

At some point soon the Constitution will become a purely procedural document, much like that of the former Soviet Union, and equally effective at preserving our liberties. Our rights will exist only on the sufferance of our government and our ruling elites. This is already true in the UK, as the “unwritten constitution” protecting the “rights of Englishmen” has blown away like smoke in the wind.

The Friday Line: Top 10 2006 Governor’s Races

Chris Cillizza:

7. Wisconsin: Yes, we know about this poll, which showed Gov. Jim Doyle (D) ahead of Rep. Mark Green (R) by 13 points. But the numbers were greeted with skepticism, even by many Democrats. (The poll should be taken with a grain of salt for several methodological reason — it was in the field for an unusually long time and tested adults rather than registered or likely voters.) Ethics questions continue to hover around Doyle’s administration, and typically reliable Democratic base groups — the labor community and black voters to name two — are not terribly excited about helping the incumbent win a second term. Make sure to read Post politics dean David Broder’s take on this race. (Previous ranking: 5)

Sensenbrenner on Immigration

Mark Leibovich:

In recent weeks, Mr. Sensenbrenner has refused to yield on anything, derided what he calls the “amnesty” of the Senate bill and warned that he is willing to walk away without a compromise. He says his views have been influenced by the flood of immigration-related cases coming through his office and what he sees as the failure of previous immigration reform efforts he has worked on.

He is known as one of the toughest negotiators in Congress, which invites another canine metaphor from a colleague. “Sensenbrenner is a pit bull,” says Representative Ric Keller, a Florida Republican on the Judiciary Committee. “And the Senate negotiators he’s up against are wearing Milk-Bone underwear.”

Sensenbrenner has been a powerful friend of many Non-Wisconsin special interests such as the recording industry.

Hilary Rosen Gets DRM Religion?

Eliot Van Buskirk:

Obviously, Apple has a business strategy that says “proprietary” works for them. The record companies, I think, have tried to convince Apple to open up their system. I don’t think that’s been successful. The choice now is to either go unprotected so everybody has the same shot and the market expands, or to continue down what I think is an unfriendly path for consumers and the industry, because I don’t think it’s growing as fast as it can.

I understand there’s a rabid philosophy on both sides of this to protect or not to protect … and I actually am not that black and white about it. I think if people want to protect their content, and want to have a DRM or a business model that limits its distribution, that’s okay. If others don’t want to, that’s okay too. That’s why I like Creative Commons. It’s all about choice. What I have focused on is what will most dramatically expand the music market at a time when device choices feel so limited and the service side is so underutilized.

Freedom to Farm: Program Pays $1.3B to People Who Don’t Farm

Dan Morgan, Gilbert Gaul and Sarah Cohen:

Even though Donald R. Matthews put his sprawling new residence in the heart of rice country, he is no farmer. He is a 67-year-old asphalt contractor who wanted to build a dream house for his wife of 40 years.

Yet under a federal agriculture program approved by Congress, his 18-acre suburban lot receives about $1,300 in annual “direct payments,” because years ago the land was used to grow rice.

Matthews is not alone. Nationwide, the federal government has paid at least $1.3 billion in subsidies for rice and other crops since 2000 to individuals who do no farming at all, according to an analysis of government records by The Washington Post.

Some of them collect hundreds of thousands of dollars without planting a seed. Mary Anna Hudson, 87, from the River Oaks neighborhood in Houston, has received $191,000 over the past decade. For Houston surgeon Jimmy Frank Howell, the total was $490,709.

On Lake Michigan, A Global Village

Steve Lohr:

As Racine has changed, so have its politics. Once, a ritual antagonism for business was a sure vote-getter among Democrats. But Mr. Becker was elected three years ago with a pro-development message, pledging to trim jobs from the public payroll to free resources to attract new residents and businesses.

Racine’s future, Mr. Becker believes, lies in forging stronger links with the regional economy and global markets. Reinvention can be unnerving, he acknowledges, but he says it is his hometown’s best shot at prosperity and progress. “In the past, Racine was a self-contained economy,” he said. “But that is not an option anymore.”

No local economy truly mirrors the nation. But for Racine and its surrounding suburbs, the last few years have been marked by gradually rising prosperity, in step with the national trend. And the recent history of Racine, like that of the nation as a whole, is also the story of how a community comes to grips with the larger forces of globalization and technological change.

North Carolina Daily Paper to Provide Free Local WiFi

PaidContent:

I’ve seen a lot of WiFi models lately but this appears to be the first from a local newspaper. (You’ll let me know if I’m wrong, I’m sure.) The Pilot, which covers Pinehurst and several other communities in North Carolina, will provide free WiFi across Moore County. Publisher David Woronoff explains: “The Pilot’s mission is to serve Moore County and we think the technology has advanced to the point that we can help bind the community together in a dynamic and compelling way with The Pilot’s products and Internet service.” They’ve acquired WiFi equipment, hired a GM and will start the rollout with a transmitter on their own building in Southern Pines. This isn’t a value add for print subscribers — it will be accessible to readers and non-readers. The Pilot plans to launch a fee-based WiMax network later this year.