It’s no secret I and others have started to question whether Genachowski has what it takes to get things done in Washington. But at the same time, I’ve continued to hold out hope that Genachowski will reassess and reposition himself in time to leave behind a serious legacy of accomplishments.

The proposed September Open Meeting agenda shows that Genachowski may be preparing to do just that. In addition to an important but relatively uncontroversial E911 item, the agenda includes two items that promise to have significant impact, but will also likely generate at least some resistance from significant industry groups. The order selecting a database manager and finalizing rules for the use of the broadcast white spaces will make significant new spectrum available for broadband, will likely face a last minute push from broadcasters and the wireless microphone interests that have opposed it. The E-Rate order will make it easier for schools and libraries to purchase dark fiber rather than retail broadband service, and to purchase dark fiber through a competitive bidding process that would also allow government entities to offer dark fiber. This faces stiff opposition from AT&T and other telecom providers, who prefer that USF subsidize retail broadband access services provided by themselves.

These Orders, combined with the FCC quietly telling M2Z to give up hope of getting any spectrum for its proposed free-with-a-pay-tier broadband service, show a new willingness for Genachowski to do something he hasn’t done yet but desperately needed to do: say “no” to people who will squawk – loudly. As I noted in my previous moral exhortation piece, willingness to say “no” and take heat for it is the sine qua non of getting anything worthwhile done in Washington DC.
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