The Innovators Vs. The Regulators…

Share


In any ecosystem, there is a natural resistance to change. From simple familiarity to structural interdependencies, many elements converge to support the existence of the status quo. That doesn’t mean that the status quo is ideal or even good – simply that the cost of changing out of that state is more expensive in some aggregate way than the cost of remaining there.

This ‘cost of change’ creates a form of static friction in the system, allowing it to continue in it’s current state even when pressure for change exists. But like at the fault lines that define the boundaries between the continental plates of our planet, this pressure for change will continue to build up until it reaches a level that can no longer be resisted. When that point arrives, the built up pressure gets released in a single, significant shift (an ‘earthquake’ event) that ushers in change – producing a period of instability as the system searches for a new state of equilibrium. This is an unavoidable process in any dynamic, living environment – be it economies, technologies, political systems, or even cultures.

And for those that need to go through these shifts, it can be very scary and painful.

I’ve been thinking about all of this in the context of two key forces that exist in most ecosystems – regulation and innovation. Regulation is typically put in place to ‘raise the cost’ of the system moving in certain directions. Innovation, by contrast, attempts to ‘lower the cost’ of the system in moving in certain directions. While both of them try to influence what the system should look like in a future state, they are fundamentally different in nature and intent.

Regulation can take two forms – proscriptions and mandates. Regulatory proscriptions artificially raise the cost of certain actions through the implementation of penalties. For example, fines can be imposed, businesses licenses revoked, taxes levied, or even people locked up if they try to do certain things that are no longer ‘allowed’. Regulatory mandates can impose similar penalties if certain specific actions are NOT taken, forcing activity to take place that would otherwise not happen on it’s own. Sometime, regulatory mandates will eschew penalties to take the form of incentives – rewarding certain actions by artificially lowering the cost of the system moving in a particular direction.

The whole premise for creating regulations is a belief that we can understand enough about a desired future state to formulate an optimal plan to get there. Because of this, the broader or more far reaching a regulation is, the harder it will be to get right. The more complex an ecosystem is, the harder it will be to change or influence predictably.

What makes innovation different from regulation is that the innovator, unlike the regulator, doesn’t get to impose their view of the ‘best future’ path on the system they operate in. Instead, they need to offer something new and compelling enough that it can lure people away from the status quo. They constantly need to compete with other visions of the future – other potential options that are being offered. This forces them to continuously adapt and improve what they offer, or to drop out of the ‘selection process’.

In an innovation driven system, bad ideas don’t last long. The costs and the benefits of every path tend to be exposed early, and choices made at one point can constantly be reassesed against new alternatives being offered and adjustments made. Nothing is ‘locked in’, lending an efficiency to the process that biases it to positive outcomes.

Regulation, on the other hand, doesn’t provide anywhere near the same clarity. Since regulations aren’t about choices, their benefits can only be measured against the hypothetical end state they were implemented to avoid (‘Millions would have lost their jobs if we hadn’t done XYZ…”). There isn’t an actual alternative path their effectiveness can be measured against, allowing regulators justify them against theoretical extrapolations of past conditions that normally assume nothing else in the system would have changed to provide a different, better outcome. The only time a regulation typically gets challenged is when the damage it does – the only real measurable cost of a regulation – clearly outweighs the perceived benefits of keeping it in place. This biases regulation to negative outcomes.

My point here isn’t that all regulation is bad and all innovation is good – just that it is easier to identify and correct bad innovations than it is to identify and correct bad regulations. Innovations need to prove they are better before being adopted, and are constantly challenged by new ideas moving forward. Once passed, regulations are not normally challenged, and usually need to reach a point where they are demonstrably bad before being thrown out.

This means that regulations tend to create a status quo that is highly resistant to change, making the inevitable dislocations extremely painful when they finally arrive. Innovations tend to reduce the strength of the status quo, allowing change to happen on a more continual, ‘just in time’ basis.

Both have their place, but I strongly believe we need to be looking to innovation as the defining component of our path to a better future.

The New "Net Neutrality" Battle…

Share

Having Google and Verizon trying to reach their own compromise around net neutrality has me concerned. Having the FCC threatening a regulatory approach to net neutrality also has me concerned.

I’m just not sure which concerns me more.

I absolutely believe in the importance of net neutrality. It is the driving force behind the evolution and phenomenal growth of the entire web universe. It has allowed tiny startups to have global impact, and has provided the foundation for outsiders to challenge the status quo within institutions and across industries. Preserving net neutrality is central to securing the future viability of the internet.

The thought of having two major corporations – both representing today’s status quo – sitting down together to define what net neutrality should mean for everyone is a bit unsettling. I completely understand the FCC’s reaction and side with their desire to preserve an open internet:

Any outcome, any deal that doesn’t preserve the freedom and openness of the Internet for consumers and entrepreneurs will be unacceptable.

FCC Chairman Julius Genachowski

So what concerns me with the FCC?

It’s really simple – ‘Regulated Net Neutrality’ isn’t the same as ‘Net Neutrality’. The net neutrality that has existed so far has been based on an ethos – a shared way of looking at the net. It can easily adapt to change and make exceptions as needed, because any decisions that are made are done through the lens of open and equal access.

Unfortunately, that isn’t how regulation works.

Regulations are lists of rules – not a code or belief. Some will be vague and others specific, but they will boil down to a list of behavioral do’s and dont’s. Once regulations are passed, the ‘moral code’ they are based on in some ways becomes irrelevant. Lawyers and courts start to become the driving forces behind what is and isn’t acceptable. The specific language of a regulation gets parsed, loopholes get added, and the process ultimately becomes political.

So where does that leave us?

On one side we have an internet defined by lawyers, courts, and politicians, and on the other side an internet defined by large corporations.

I’m simply not in a hurry to embrace either one right now.

I’m still not ready to walk away from the ethos of net neutrality.

FCC: A Conflict Of Interest…

Share

With the sunsetting of analog television, the FCC intends to auction off the spectrum that it once occupied. All of the usual players are lining up to participate in the auction, but there are a couple of new faces in line that have the power to shake things up a bit.

Google and Frontline Wireless

While most everyone has heard of Google, Frontline is probably not that well known. Here is how they describe themselves:

Frontline Wireless envisions a 4G wireless broadband network that will make advanced Internet services as ubiquitous as the air we breathe. By leveraging efficiencies of shared spectrum and network infrastructure, Frontline will empower first responders with state-of-the-art technology and liberate consumers from the “walled gardens” of the incumbent wireless providers.

Frontline Wireless was founded by a collection of telco industry heavy-weights, including former FCC chairman Reed Hundt, and backed by serious money folks like Kleiner Perkins’ John Doerr and Jim Barksdale of Barksdale Management Corporation (and former CEO of Netscape). They are folks that understand this space cold and should be taken very seriously.

Though there are some differences, both Google and Frontline are looking for the FCC to establish principles of openness as a part of this auction by requiring bidders to allow any device to connect to the network, any applications to live on the network, any party to access bandwidth on a non-discriminatory basis, and any internet provider to connect to the network.

They want the principles of Network Neutrality applied to wireless communications and services…

fcc-kjm.jpgWhile the FCC has paid lip service to requiring this type of openness, chairman Kevin Martin hasn’t shown any willingness to lock it in to the auction terms in any way that couldn’t be easily side stepped by the big telcos. While he’s agreed to add requirements for open devices and open applications, these are meaningless gestures without requiring non-discriminatory access to bandwidth and a choice of ISP’s and other service providers. As it stands right now, the wireless broadband landscape won’t look much different than it does today once this auction is over. It will still be the same players offering the same walled garden approach to providing data, content, and services. Everyone knows that lock-in’s are all about who controls the flow of bits – and nothing in the terms of this auction will change the status quo.

The consumer will still be captive to essentially government anointed monopolies…

I would be hard pressed to find anyone that considers the limited choices, termination fees, and service restrictions imposed by the existing wireless carriers to be serving the public interest. But somewhere along the line, that seems to have stopped mattering. The FCC ‘s priority in this auction is more about maximizing the revenue that can be raised than anything dealing with the public good. They have become conflicted by congress’ desire to realize a revenue windfall.

Hopefully its not too late…

I believe the FCC should be focused on creating the same conditions in the wireless space that have turned the wired internet into the backbone of our global economy. While there are clearly differences between the two, there is a lot of creativity in the marketplace, and some very interesting thinking around both policy and technology initiatives that could help maximize the bandwidth available in the wireless spectrum. This is innovation that will not just serve the common weal, but also enrich the coffers of government by fostering the growth of a new commercial wireless ecosystem. The one real downside to this approach is that it doesn’t offer the big near term revenue win that our short sighted political establishment is looking for.

Our transition from analog to digital television transmissions is offering us a unique opportunity to transform the wireless landscape. It would be ashamed for us to sacrifice the significant good we could realize here at the altar of near term revenue – money that will likely be squandered before it is even all collected.

As an increasingly mobile digital society, we can’t afford to let that happen…

Time To Refocus The Universal Service Fund…

Share

The United States wants everyone to be connected…

That’s the theory at least.

There’s long been a tax on traditional telephone service to help make that a reality. The monies collected under this tax go into what is known as the Universal Service Fund (USF) – a fund established to subsidize telecommunication services to rural areas of the country as well as to schools and libraries. Since its inception a little over 20 years nearly $60 billion has gone in to this fund.

But you wouldn’t know it from the results…

If you look at the numbers in reports from the FCC, substantial sums have been spent on this program. But according to an analysis by Daniel Berninger, VP and Senior Analyst at Tier1 Research, subscriber growth is tiny. The net result is that each additional line added under the USF between 1996 and 2005 has cost a wopping $16,000. That is simply unbelievable.

What started out as a noble aspiration of connectivity for all has lost its way in a maze bureaucracy and political lobbying. It’s a program more focused on preserving the status quo and plowing money back into the pockets of the traditional carriers then on actually connecting the people it is chartered to connect.

It’s time to push reset and start this one over…

It is in the national interest to preserve the objectives of this program, but it needs to be totally gutted and refocused. There should be only one goal for this rebuilt Universal Service Fund.

Universal internet connectivity…

ip-based-usf.jpgEvery other goal of the program will spring naturally from that. Money should be spent to deploy technologies like WiMax that can cost effectively address data connectivity needs in demographically sparse areas. VoIP should be the foundation of all telephony and voice services under the program – POTS lines should explicitly be excluded. A WiMAX like infrastructure could allow for both home based and mobile voice services, while also providing basic web connectivity and even the delivery of the “must carry” list of broadcast television channels.

I am sure that the big telcos that currently benefit from the Universal Service Fund will fight any substantive changes tooth and nail, but there are some cases where the government needs to take the lead and simply do what is right regardless of political consequence.

This is one of them…

After the initial build out, it’s possible that the fund could be scaled back to focus on a more narrow, tactical mandate, or eliminated all together as an open IP based infrastructure drives costs down and competition up.

Hopefully, this would end up leaving the folks in urban areas clamoring for the same benefits their rural bretheren would be enjoying through their open infrastructure. If it did, it could help us reach the tipping point that topples the antiquated gatekeeper/monoply based telecommunications infrastructure we have today, and replace it with an IP based one that is open and competitive.

One we can build a 21st century society on.

Getting us to that point should be the real goal of “Universal Service”…

Outside Information: The Real Inside Information…

Share

Analyzing web activity has become pretty standard these days…

It should be no surprise why. Firms are clearly trying to understand their customers better, and are looking at ways to more effectively price and target the services they offer them. Web analytics can offer up some pretty unique and valuable insights that can help them do just that.

But when it isn’t a company itself doing this “intelligence gathering”, does it cross a line into something else?…

Google’s acquisition of DoubleClick, as well as several recent posts by Fred Wilson on comScore, had me asking that question. These are firms that aren’t just analyzing their own businesses – they are analyzing everyone’s businesses. And because doing this analysis is such a key part of businesses like Google or comScore, it is something they really excel at, I have little doubt that there are many cases where they have a better understanding of the business drivers of a particular company than even the people inside the company do. Cases where they might know more than the ‘Insiders’ about the health or direction of a business.

And this view extends across an industry to their competitors, suppliers, and clients as well…

Though not traditional ‘inside’ information, it really isn’t ‘public’ information either. It sits in a gray area I call ‘outside’ information. It’s a class of information with no clearly established guideline for it’s use.

And it is incredibly powerful information…

Based on search activity, Google probably has the early insight into what products will be successful near term and which won’t, and what macro trends will be shaping economic activity in the coming year. This goes way beyond the value of your typical inside information.

Google could probably launch the most successful hedge fund in the world…

But they wouldn’t.

No doubt one of the things that stops Google or similar firms from doing something like this is fear of regulation. The last thing any of these firms want is an outside agency telling them what they can and can’t do with this information. With that front of mind, none of them want to do something that is obviously an egregious ‘abuse of trust’. But there are a lot of areas where it just isn’t so obvious.

It’s no secret that they use this information today to target ads, but what if they used it to solicite new clients (“Your main competitor is gaining on you. We can help!”)? What if they used it for allocating internal funds and resources to specific markets? What if they disclosed information about one company to another one? What if they used it to invest their cash reserves more intelligently?

Are all of these uses appropriate? Are any clearly wrong?

The answers to these questions are not all obvious, and legitimate cases could probably be made for different points of view.

And that is the point of this post…

I am not implying that any of the companies mentioned here are doing anything improper or unethical with the information they collect. But I do think that the appropriate use of this “outside” information is an area that could benefit from some healthy discussion and debate. Developing a set of “best practices” might actually benefit the industry. And a little self governance now could stave the clumsy hand of regulatory government from intervention at some future date.

I have no doubt there’s a politician somewhere that wouldn’t hesitate to jump in…

Blogs And The SEC…

Share

This article from last week (I know I’m a little behind on some postings) gives an interesting peek at how SEC Chairman Christopher Cox is thinking about blogs:

Click Here To Read…

The two most interesting points he makes are that he reads blogs himself as a way of gauging public sentiment on various issues, and that he is open to discussing the use of posts on company blogs as a way to satisfy corporate dislosure regulations.

Both points speak to just how pervasive and important blogging has become…