Can Michael Powell Take a Compliment?

Really interesting session with FCC Chairman Michael Powell, Steve Jurveston and Lawrence Lessig at Always On tonight. Follow along with a live webcast.

While Powell has carved out an area of thought leading regulation, open spectrum, perhaps to keep thought leaders complacent, it could be said nothing else is moving forward. That said, he handled well prepared questions and public comment admirably. The issues of the day are silos of regulation and indecency.

The problem with indecency is that its entirely subjective. All rational arguments fall into the categories of fact, value or policy. This one should be about policy, but its about values. The FCC Commission is complaint driven. Complaints prompt inquiry and action, leaving Powell powerless unless he moves congress into action. He did say that it makes no sense for one channel to have first amendment protection and others not. Lessig pointed out what should be obvious -- code changes and regulation must be rethought.

So I say, can you take a compliment? Why doesn't a single opinion on the decency of Howard Stern count?

I also got to ask my dangerous question: So communications is a commodity. Why not regulate it like one, like energy or financial services? Why not mark-to-market the value of underlying assets for carriers. Have competition be based on market value and mechanisms? Incent investment into innovation. Make the Baby Bells grow up?

Of course, he couldn't answer the question, and instead explained how change is slow. Can't blame him. He isn't in a position to answer a question that implies restructuring for incumbents. The world isn't ready without such strong leadership, but at least it turns.

UPDATE: Videopost (.ram 220k)