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New Rules for a New Age: Kevin Werbach Sees Challenges for the FCC

March 31, 2009 / 14:25

This episode discusses the role of the FCC in economic recovery, the importance of broadband access, and the challenges of regulating new technologies. Guest Julius Genachowski, nominated to lead the FCC, emphasizes the need for open access networks and the intersection of law, business, and technology.

Genachowski shares insights from his experience on the transition team, where he co-led the agency review of the FCC. He describes the agency's state under Kevin Martin as demoralized and politicized, highlighting the need for revitalization.

The conversation covers the urgency of filling FCC positions and the agency's role in overseeing telecommunications and technology sectors critical to economic recovery. Genachowski stresses that the FCC should act as an economic stimulus agency.

Genachowski explains the difference between the physical economy of scarcity and the information economy of abundance, noting the need for updated regulations to reflect the convergence of traditional and new technologies.

Finally, he discusses the impact of mobile technology and social media on communication regulation, emphasizing the importance of privacy and the evolving nature of information sharing in a connected world.

TL;DR

Julius Genachowski discusses the FCC's role in economic recovery and the need for updated regulations in a converged technology landscape.

Episode

14:25
00:00:16
let's talk first if we may about your
00:00:19
experience on the transition team what
00:00:20
exactly was your role I was co-leading
00:00:23
the agency review of the Federal
00:00:25
Communications Commission so there were
00:00:26
teams on the transition assigned to
00:00:29
every part of the federal government and
00:00:31
our responsibility was to go into the
00:00:33
agency meet with the senior staff meet
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with outside groups industry public
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interest groups other interested parties
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and really roll up our sleeves and
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assess what was happening at the agency
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and try to lay the groundwork for the
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new administration coming in to put into
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place both their people and a new policy
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agenda now what was your takeaway about
00:00:54
the regarding the agency well the FCC
00:00:58
under Kevin Martin who was the chairman
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at the end of the Bush administration
00:01:02
was was really devastated it was it was
00:01:05
a place that had been heavily
00:01:06
politicized the staff were demoralized
00:01:08
it was failing in a lot of ways to
00:01:12
achieve the kind of benefits that it
00:01:14
should be achieving and so we found a
00:01:17
lot of dissatisfaction both inside and
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outside the government with just the
00:01:22
kinds of processes the agency was using
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people would say that they're just not
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being fair they're not being consistent
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they're not being transparent we really
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don't feel like they they have the
00:01:33
interest of the American people at heart
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and so we were really trying to to
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ascertain how to revitalize this agency
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how to take this agency and make it once
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again one that could really deliver
00:01:45
benefits to the American people that
00:01:47
sounds like what a rebuilding job they
00:01:49
weave have one nomination for the
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Chairman and some other positions that
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are still open on the Commission itself
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is how urgent is it that we get those
00:01:58
positions filled quickly oh I think it's
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very urgent it's it's it's urgent of
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course more generally that the
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president's nominees get confirmed and
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that and that the additional openings
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are filled the FCC is pretty important
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it oversees a huge swath of the economy
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the whole telecommunications and media
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sector as well as the whole technology
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sector which is really I think pretty
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critical to an economic recovery mm-hmm
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indeed the it would seem that as to the
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degree that the work of the FCC can be
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tied to the economic
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recovery will determine the speed with
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which it gets the attention it needs
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what how important is the role of the of
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the telecommunications and technology
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generally in the recovery do you think
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it's extremely important the FCC really
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needs to think about itself as an
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economic stimulus agency as an agency
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that's about creating jobs and fostering
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investment and you look at the
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telecommunications and media and
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technology sectors there's a tremendous
00:02:56
opportunity for growth these are not
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industries that are going down these are
00:03:01
industries that in many ways are growing
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and they're the foundation for other
00:03:05
kinds of new jobs so revitalizing
00:03:08
healthcare a central part of that is
00:03:10
computerizing medical records and
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putting healthcare online that requires
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broadband out to every part of the
00:03:16
country green energy again requires
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smart grids instrumenting the electrical
00:03:21
grid on broadband networks education
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requires the ability to deliver
00:03:25
information throughout the country over
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networks to people so the areas that the
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FCC is responsible for can really be
00:03:33
central to the recovery are you
00:03:36
confident that the Obama administration
00:03:37
recognizes that oh absolutely they
00:03:40
recognize that Julius Genachowski has
00:03:42
been nominated to be the head of the FCC
00:03:43
has tremendous experience as a business
00:03:46
leader and an investor as well as in
00:03:48
government and I know he recognizes that
00:03:51
absolutely okay now you're going to be
00:03:53
addressing some of the challenges for
00:03:55
communications regulation in the coming
00:03:57
years at a seminar tomorrow and I wonder
00:04:00
you you're saying in this seminar that
00:04:03
the communications networks are the
00:04:06
foundation on which the future of
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business business of news business
00:04:09
interaction entertainment healthcare
00:04:11
education energy conservation and a lot
00:04:14
of other economics fact sectors will be
00:04:16
built and that the network
00:04:18
infrastructure is the dividing line
00:04:20
between the old physical economy of
00:04:21
scarcity and the new information economy
00:04:24
of abundance tell us what you mean by
00:04:26
these these two terms of the physical
00:04:28
economy of scarcity and the information
00:04:30
economy of abundance well it's pretty
00:04:33
simple you make things there's a
00:04:35
necessary scarcity GM can only put out
00:04:38
so many cars and it costs a certain
00:04:39
amount of resources to build each one
00:04:43
but bits are bits and they're infinitely
00:04:45
replicable so Google doesn't have the
00:04:48
same kind of physical limitations on how
00:04:50
many searches it can do or what it can
00:04:52
do with the information that goes into
00:04:54
its system now underneath that there are
00:04:57
physical networks there's equipment they
00:04:59
have to buy routers and servers and they
00:05:02
have to buy telecommunications lines to
00:05:04
connect them up which is why I talked
00:05:06
about that being the dividing line but
00:05:08
once you have that investment to build
00:05:10
on top of it and to build new services
00:05:12
and to scale them out is really limited
00:05:14
only by the imagination I see so you're
00:05:18
also suggesting that the biggest
00:05:19
challenge for communication is law right
00:05:21
now is to take the lessons that we've
00:05:24
learned from some of these virtual
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ecosystems that live on top of this
00:05:27
infrastructure and apply them to the
00:05:30
infrastructure tell us how that works
00:05:33
well so so my research really looks at
00:05:36
the intersection between law business
00:05:38
and policy around technology and we have
00:05:42
70 plus years of communications
00:05:44
regulation in the United States that was
00:05:47
designed for traditional networks for
00:05:48
the telephone system for example or
00:05:50
broadcast television and radio and
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increasingly all those are going online
00:05:55
they're all merging in with the internet
00:05:57
all those those silos of networks are
00:05:59
converging and we don't have a
00:06:02
regulatory structure for that new
00:06:04
converged broadband internet
00:06:06
infrastructure partly because
00:06:09
justifiably the FCC and other parts of
00:06:13
the government were hesitant to regulate
00:06:15
those new services as they were growing
00:06:16
they didn't want to apply the old rules
00:06:18
to the new technology which which I was
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involved with when I was in government
00:06:22
in the 1990s and fully support but at
00:06:25
some point you need to have a system
00:06:27
that looks at how to ensure networks are
00:06:30
used in the public interest how to
00:06:32
ensure that that markets don't go off
00:06:34
the rails which is what we saw with the
00:06:36
financial sector for example and we've
00:06:37
seen in the past with the telecom sector
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and that means you need to figure out
00:06:41
the intersection of the legal structure
00:06:43
with the new technology with with what
00:06:46
the market looks like today right and it
00:06:48
seems that what you're suggesting is
00:06:49
that the default setting in addressing
00:06:51
regulation of the infrastructure is open
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access and by open access you
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mean so open access means that networks
00:07:00
can interconnect for your league so what
00:07:02
makes the Internet the internet people
00:07:04
think the Internet is a network it's
00:07:05
really not the Internet's a network of
00:07:07
networks so any system that speaks the
00:07:11
language of standards that connects into
00:07:13
the Internet can be part of this
00:07:15
ecosystem and that's a principle that's
00:07:18
allowed the internet to grow and foster
00:07:20
so much innovation if we have open
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interconnection open access so any
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broadband network system can be plugged
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into you can you can attach new services
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new devices new applications to that
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Network then there's a lot more
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potential for growth so for example we
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have a stimulus package now that's going
00:07:39
to put seven billion dollars into rural
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broadband and and broadband
00:07:43
infrastructure to expand out the system
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that we have in this country if that
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only serves the companies that provide
00:07:50
that network the value is limited but if
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it's an open access network that allows
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other companies governmental
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institutions citizen groups to come in
00:08:01
and leverage that infrastructure stick a
00:08:03
wireless network on the end create a
00:08:05
healthcare application in a rural
00:08:07
community and so forth and that
00:08:09
magnifies the value of the network and
00:08:11
are there any regulations now that stand
00:08:13
in the way of those kinds of structures
00:08:17
being added to the broadband network
00:08:19
that comes into these rural areas well
00:08:21
that's that's that's the point of this
00:08:22
this research I've been doing it's a
00:08:24
total regulatory gray area because the
00:08:26
rules we have applied to traditional
00:08:28
telecommunications networks the FCC in
00:08:31
the past has said broadband access
00:08:33
networks are not what are called
00:08:35
regulated telecommunication services
00:08:37
there's something else called
00:08:38
information services right which there
00:08:40
are no rules for information services
00:08:41
under the existing statutes and so what
00:08:44
I'm trying to do in my work is is map
00:08:46
out what those rules should be by
00:08:49
reference to some of the enduring
00:08:50
principles that are in the
00:08:52
Communications Act already the Obama
00:08:53
administration has received some degree
00:08:56
of attention for its consciousness of a
00:09:00
lot of these services that you're
00:09:02
talking about President Obama was very
00:09:05
worried about losing his blackberry for
00:09:06
example do you think that that
00:09:08
orientation is going to have
00:09:10
a big impact on the kinds of policies
00:09:12
that we see emerge from the FCC in and
00:09:16
other related agencies oh I think it's
00:09:18
going to have a big impact across the
00:09:20
government but but think about work
00:09:23
today in any kind of organization there
00:09:25
are very few organizations today that
00:09:28
don't use email say and they don't use
00:09:31
the internet as just a fundamental part
00:09:33
of how they do business how they manage
00:09:34
their supply chain and so forth so
00:09:37
governments the same thing and if you
00:09:39
have people in government who are not
00:09:40
familiar with those technologies that
00:09:42
the average worker today the average
00:09:44
manager takes for granted there's going
00:09:47
to be a disconnect in their ability to
00:09:48
develop policies that reflect even
00:09:51
today's economy let alone tomorrow's so
00:09:54
I think the fact that there are so many
00:09:55
people involved in this administration
00:09:56
who really are technology savvy and who
00:10:00
get it just at a personal level is
00:10:02
important the other thing is these
00:10:04
technologies are incredibly powerful
00:10:05
well I remember on the transition
00:10:08
talking with someone who had been
00:10:10
involved in the Clinton transition in
00:10:11
1992 and later was a senior official in
00:10:14
the Commerce Department and he said back
00:10:16
then they had to walk around with disks
00:10:17
so when people would write memos or try
00:10:20
and group collaborate on a policy
00:10:23
recommendation they would literally have
00:10:25
to walk around with floppy disks across
00:10:26
the office and of course today we can do
00:10:28
that all online we had a collaboration
00:10:31
system that we could use for doing the
00:10:33
work of the transition and just for the
00:10:35
transition process which is a limited
00:10:37
time it's just 77 days which has to do a
00:10:39
tremendous amount the ability to use
00:10:42
that technology was very powerful I see
00:10:43
and and those powerful technologies
00:10:46
you're talking about right now a lot of
00:10:48
attention is being paid to handheld
00:10:50
instruments that really behave more like
00:10:52
personal computers and then then
00:10:55
telephones and everybody seems to be
00:10:58
that's the big technology of the moment
00:11:00
it's very difficult to look far down the
00:11:03
road for these things but what are some
00:11:05
of the other new technologies that you
00:11:07
think that the FCC is going to have to
00:11:08
address in this come in the next four
00:11:10
years say so we're still just getting a
00:11:13
taste of mobile we're now in a world
00:11:16
with about three and a half billion
00:11:17
people having mobile phones which is
00:11:19
more than double the number of people
00:11:20
who have wireline phones and that
00:11:22
transition is happening and
00:11:24
we're just starting on the smartphone
00:11:25
revolution so the iphone is really
00:11:27
symbolic of this transition you
00:11:29
mentioned from phones to handheld
00:11:32
computing devices I talked to a friend
00:11:34
yesterday who's saying he was at Samsung
00:11:36
Samsung is introducing 20 iPhone like
00:11:38
devices next year 20 of them for just
00:11:41
one company so that revolution is going
00:11:43
to be quite significant I think we're
00:11:45
also going to see group collaboration
00:11:47
mechanisms some of the things i talked
00:11:50
about becoming more powerful in the
00:11:52
workplace as well as the ability to use
00:11:55
video much more integrate that and other
00:11:58
kinds of media integrated into the
00:12:00
process also just just the ability to
00:12:03
take search technology which of course
00:12:07
is very wide spirit on the internet and
00:12:09
and apply it much more more directly
00:12:11
into lots of other services we've
00:12:13
already seen social media interfere or
00:12:16
make its presence known i should say in
00:12:19
realm of the law where for instance a
00:12:21
trial in philadelphia in which a juror
00:12:24
was sharing observations via twitter do
00:12:28
you see that as a something that's going
00:12:30
to be happening more and more as these
00:12:33
ads these appellees social networking
00:12:36
applications become more widely adopted
00:12:38
people sharing all kinds of information
00:12:40
is that going to be something that is
00:12:44
going to be looked at by regulators do
00:12:46
you think well as first of all I
00:12:48
certainly think that that's something
00:12:50
that's going to be increasingly
00:12:51
pervasive and Twitter is your the
00:12:53
current symbol of it but it's really
00:12:55
much broader than that and it follows on
00:12:57
from the point about mobile devices and
00:12:59
smartphones as you have people more and
00:13:01
more densely connected on platforms that
00:13:04
are interconnected and that are
00:13:06
converged and then you have much more
00:13:08
intelligence both in the devices about
00:13:10
where they are as well as intelligence
00:13:12
in things in terms of connecting to the
00:13:14
devices through wireless networks and so
00:13:16
forth that leads to the lots more
00:13:19
potential for applications and services
00:13:22
that leverage off of that connectivity
00:13:24
so Twitter is is one early example I
00:13:27
think of what happens when people can
00:13:29
communicate all the time about what
00:13:31
they're doing and that can be aggregated
00:13:32
together from a regulatory standpoint
00:13:35
sure they're there are a whole set of
00:13:37
issue
00:13:37
is that government is just starting to
00:13:39
wrestle with privacy is one that's
00:13:42
that's extremely important but deeply
00:13:44
misunderstood it's not an either or
00:13:46
question of whether I'm public or
00:13:48
private we're going to be sharing things
00:13:50
all the time and people's preferences
00:13:53
are going to be changing based on what
00:13:54
circumstances they're in we're in a
00:13:57
world and increasingly in a world where
00:13:58
everything is connected so regulators
00:14:01
and government as well as individuals
00:14:03
need to wrestle with what are
00:14:05
appropriate limits in terms of sharing
00:14:07
information see well thank you very much
00:14:09
for being with us today and we look
00:14:12
forward to your seminar tomorrow my
00:14:14
pleasure
00:14:21
Oh

Episode Highlights

  • Revitalizing the FCC
    The FCC was heavily politicized and demoralized, needing a complete overhaul to serve the public better.
    “We were really trying to ascertain how to revitalize this agency.”
    @ 01m 38s
    March 31, 2009
  • The Importance of Open Access
    Open access networks can foster innovation and growth by allowing diverse entities to leverage infrastructure.
    “If we have open interconnection, there's a lot more potential for growth.”
    @ 07m 22s
    March 31, 2009
  • The Future of Communication
    The transition from traditional networks to digital platforms is reshaping how we communicate and regulate.
    “We're just starting on the smartphone revolution.”
    @ 11m 25s
    March 31, 2009

Episode Quotes

  • The FCC really needs to think about itself as an economic stimulus agency.
    New Rules for a New Age: Kevin Werbach Sees Challenges for the FCC
  • The Internet's a network of networks.
    New Rules for a New Age: Kevin Werbach Sees Challenges for the FCC
  • We're in a world where everything is connected.
    New Rules for a New Age: Kevin Werbach Sees Challenges for the FCC

Key Moments

  • Agency Review00:23
  • Economic Recovery02:44
  • FCC Challenges03:55
  • Open Access Networks07:00
  • Interconnected World13:58

Words per Minute Over Time

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