Posts Tagged ‘ regulation ’

For the Record

Friday, July 23rd, 2010
Steven Chlapecka



Steven K. Chlapecka is the director of public affairs for the Progressive Policy Institute.

by Steven Chlapecka

Recent blog posts by Americans for Tax Reform and Free Press inaccurately portray policy recommendations in the recently released PPI Policy Memo, “The Coming Communications Boom? Jobs, Innovation and Countercyclical Regulatory Policy.”

Written by Michael Mandel, the memo examines recent employment data that suggests the communications and Internet sectors may be emerging as “job leaders” as the overall economy struggles to recover. It also proposes that regulatory policy, like fiscal or monetary policy, should be sensitive to business cycles.

The memo calls for a “countercyclical regulatory policy,” focusing on the timing, rather than the merits of regulation. It recommends the Federal Communications Commission pause for a two-year period before imposing regulations on the growing communications sector in order to not impair job creation. The memo states: “After that period, the agency should systematically and proactively track down areas of excess and exploitive behavior and target them for selected intense regulation.”

The Progressive Policy Institute’s aim is to modernize regulatory policy for the 21st century by making it more flexible, more responsive to “boom and bust” cycles, and more attentive to growth and innovation.

../the-coming-communications-boom-jobs-innovation-and-countercyclical-regulatory-policy

Explaining Inequality Trends: Pretty Simple?

Friday, May 7th, 2010
Scott Winship



Scott Winship is research manager of the Pew Economic Mobility Project and a recent graduate of Harvard's doctoral program in social policy. The views he expresses do not represent those of Pew.

by Scott Winship

James Kwak, coauthor of the new financial crisis book 13 Bankers, recently sought to explain his thesis “in 4 pictures.” And impressive pictures they are. But I’ve been particularly struck by one of them — this chart, from a paper by economists Thomas Philippon and Ariell Reshef, showing the close correspondence between deregulation trends on the one hand and the ratio of financial sector wages to private sector wages on the other. My reaction to the chart was essentially, Huh. Those trend lines look like the basic income inequality trend line.

But to my knowledge, no one has really made this point since the chart has circulated widely. Certainly no one has tried to illustrate it.

Maybe people just lack my whiz-bang PowerPoint and Excel skills, or maybe I’ve actually had an Original Thought. But take a look at the chart I created, which overlays a trend line showing the share of income received by the top one percent (the black line) on top of the Philippon-Reshef chart. The trend line comes from the widely cited work of economists Thomas Piketty and Emmanuel Saez, who used IRS data to look at the incomes of the very rich:

I’ve argued before that I think the Piketty-Saez top-share trend line overstates the recent rise in income inequality, but I don’t see much reason to doubt the basic U-shape of the trend since the Great Depression. For all of the consensus around the basic inequality trend, there’s surprisingly little agreement or understanding as to why it looks the way it does (a major theme of Paul Krugman’s Conscience of a Liberal). Could it really be as simple as the extent of financial regulation? Every analyst bone in my body says this is too easy, but…but….

Of course, saying it’s all financial regulation trends isn’t necessarily inconsistent with Krugman-esque arguments that it’s all about changes in cultural acceptance of inequality.  Maybe financial regulation flows from public attitudes about inequality.

Anyway, interesting — no?

Progress Report: Revisiting “Rules of the Road” for a New Economy

Tuesday, May 4th, 2010
Robert Atkinson



Dr. Robert D. Atkinson is the founder and president of the Information Technology and Innovation Foundation, and the author of The Past and Future of America’s Economy: Long Waves of Innovation That Power Cycles of Growth (Edward Elgar, 2005).

by Robert Atkinson

I know you’re not supposed to tout your own work on blogs, but for this, my inaugural post for Progressive Fix, I can’t resist.

When PPI established its New Economy Task Force 11 years ago, its first product was a pamphlet entitled “Rules of the Road: Governing Principles for the New Economy.” In Internet time, 11 years is a lifetime. But that short but powerful statement still holds up — and, I would argue, is just as relevant today as it was in 1999. This seems as good a time as any to revisit what we said and take stock of how far — or not — we’ve come.

The pamphlet started off with this statement:

The U.S. economy has undergone a profound structural transformation in the last decade and a half. The information technology revolution has expanded well beyond the cutting-edge high-tech sector. It has shaken the very foundations of the old industrial and occupational order, redefined the rules of entrepreneurship and competition, and created an increasingly global marketplace for a myriad of new goods and services.

I would venture to say that it’s even truer today than when we first wrote it. The introduction went on to state:

Yet while economic reality is fundamentally changing, much of our public policy framework remains rooted in the past. This mismatch between public policy and economic reality is not sustainable. … On one side of the political spectrum, policymakers advocate across-the-board tax cuts, a dramatically reduced role for government, and elimination of social regulations. … On the other side of the political spectrum, policymakers advocate increased spending on top-down social programs geared toward income redistribution, coupled with a focus on command-and-control regulation through bureaucratic institutions, ignoring just how entrepreneurial, fast moving, and flexible our economy has become. Furthermore, resistance from both ends of the political spectrum to open trade, global integration, and technological and organizational change threatens to slow the economic changes that hold great potential to yield higher standards of living for American workers

After 11 years, while some progress has been made, all too often policy-makers still view economic and technology challenges through either of these lenses. And those resistant to change, whether groups advocating for strict regulations on “network neutrality” and “Internet privacy,” or restrictions on globalization and trade, continue to be active, if not more so.

How Far Have We Traveled?

The guide offered 10 key rules to policy-makers to encourage an innovation-driven economy. How have we done on those prescriptions? Let’s go down the list:

Rule #1: Spur Innovation to Raise Living Standards

….Because innovation and change are disruptive, they tend to spark strong political demands to insulate affected segments of the economy and slow down economic change. Such demands, while understandable, inherently deny opportunities to less politically powerful interests in the guise of “protecting” those with clout. As a result, to effectively promote growth in the New Economy, government must facilitate, rather than resist, the processes of economic change and modernization as these changes create new opportunities and increased incomes for all Americans.

Unfortunately, the urge to protect the status quo is powerful, as Washington still shows little appetite for upsetting it by enabling or promoting innovation.

Rule #2: Expand the Winners’ Circle

Ensuring that the benefits of innovation and change are spread broadly will require that all Americans, including those not yet engaged in or benefitting from the New Economy, have access to the tools and resources they need to get ahead and stay ahead.

We’ve made some progress here, not the least of which was expanding health care coverage to more Americans (though the effects of reform won’t be felt for years). But more needs to be done, particularly in areas like unemployment insurance reform and better access to lifelong learning.

Rule #3: Invest in Knowledge and Skills

To spur innovation and equip citizens to win in the New Economy, government should invest more in the knowledge infrastructure of the 21st century: world class education, training and life-long learning, science, technology, technology standards, and other intangible public goods. These are the essential drivers of economic progress today.

Not many in Washington would disagree. But it’s a different matter altogether to muster the political will to increase investments in these areas, particularly when it means cutting old economy spending, such as agricultural subsidies.

Rule #4: Grow the Net

The Internet is a critical component of the emerging digital economy. …The information technology revolution is transforming virtually all industries and is central to increased economic efficiency and productivity, higher standards of living, and greater personal empowerment.

Governments must avoid policies and regulations that would inhibit the growth of the Internet or slow progress by protecting business interests threatened by the digitization of the economy. Policymakers should craft a legal and regulatory framework that supports the widespread growth of the Internet and high-speed “broadband” telecommunications, in such areas as taxation, encryption, privacy, digital signatures, telecommunications regulation, and industry regulation (in banking, insurance, and securities, for example).

In some ways Washington has embraced this message. The inclusion of billions of dollars for support for the smart grid, health IT and broadband in the stimulus package was a key step in the right direction. On the other hand, the growing interest in regulating the Internet — such as overly restrictive net neutrality and privacy regulations — suggests that we have gone in the wrong direction.

Rule #5: Let Markets Set Prices

In the old economy, government often regulated prices when national markets were dominated by oligopolies or monopolies. In those cases, the economic costs of government intervention were manageable, and sometimes necessary. But in the new, more competitive global economy, distorted prices are much more likely lead to economically inefficient decisions by consumers and producers and to unfair, politically driven resource allocation. Therefore, in the absence of clear market failures, markets, not governments, should set prices of privately provided goods and services.

It’s still hard for many policy-makers to embrace this rule, but it’s as valid today as it was a decade ago.

Rule #6: Open Regulated Markets to Competition

Economists have long acknowledged that competition keeps prices down. The New Economy creates another critical reason for competition: competition drives innovation, and ultimately provides the greatest benefits to consumers and citizens. Of course, government must continue to provide common-sense health, safety, and environmental regulations. However, government should move away from regulating economic competition among firms and instead promote competition … Through minimalist, yet consistent rules, public policy should also ensure that consumers have the information they need to make educated choices and provide a backstop to protect consumers and citizens from abuse in markets.

Like rule # 5, it’s hard for some policy-makers to resist intervention to regulate competition. We see it most clearly in telecommunications, where some still argue that more government-enforced competition is needed.

Rule #7: Let Competing Technologies Compete

Technological innovation has now become central to addressing a wide range of public policy goals, including better health care, environmental protection, a renewed defense base, improved education and training, and reinvented government. For example, technology provides doctors and patients with state-of- the-art health information systems that improve the quality of care. Similarly, new generations of cleaner technologies can dramatically reduce pollution generated by industrial processes. … We should look for technology-enabled solutions to public problems, but not so that today’s winners are frozen in place at the expense of tomorrow’s innovators.

Amen. While government does need to target technology areas (e.g., clean energy, IT, robotics, etc.), it shouldn’t pick specific technologies within those sectors.

Rule #8: Empower People With Information

In the old economy, information was a scarce resource to which few outside of large corporations and governments had access. In the New Economy, constant innovations in ever-lower-cost information technologies have enabled increasingly ubiquitous access to information, giving individuals greater power to make informed choices. Governments should encourage and take advantage of this trend to address a broad array of public policy questions by ensuring that all Americans have the information they need as consumers and citizens.

Progress on this front: The recently announced National Broadband Plan, for example, takes a number of important steps in this direction.

Rule #9:Demand High-Performance Government

Government should become as fast, responsive, and flexible as the economy and society with which it interacts. The new model of governing should be decentralized, non-bureaucratic, catalytic, results-oriented, and empowering. …

When designing solutions to compelling public concerns, such as reducing industrial pollution or delivering world-class public education, government should hold organizations and individuals accountable for meeting goals, while allowing them flexibility to achieve those goals. In many cases, industry self-regulation can achieve public policy goals in ways that are more flexible and cost effective than traditional command-and-control regulation, while also enabling technological innovation.

Procedurally, governments should use information technologies to fundamentally reengineer government and provide a wide array of services through digital electronic means to increase efficiency, cut costs, and improve service. Digitizing government is the next step in re-engineering government.

Washington may give lip service to #9, but when the rubber hits the road, much is still the same. Perhaps the main area of progress is using IT to transform government, but even here a great deal remains to be done.

Rule #10: Replace Bureaucracies With Networks

In the old economy, bureaucracy was how we addressed many major public policy problems. In the New Economy, we must rely on a host of new public-private partnerships and alliances.

Rather than acting as the sole funder and manager of bureaucratic programs, New Economy governments need to co-invest and collaborate with other organizations — networks of companies, universities, non-profit community organizations, churches, and other civic organizations — to achieve a wide range of public policy goals.

Yet public policy has only begun to explore the potential of bottom-up, decentralized networks assuming the lead role in solving pressing societal problems. Government needs to co-invest in these efforts and foster continuous learning through the sharing of best- practice lessons. Most importantly, the collaborative network model requires government to relax its often overly rigid bureaucratic program controls and instead rely on incentives, information sharing, competition, and accountability to achieve policy goals.

Of the 10 rules, this last one may be the hardest for policy-makers to embrace. The legacy of government bureaucracy and “programs” as the solution to our problems — rather than government-enabled networks — is so deeply held that new approaches are not even considered in many cases.

More than a decade since we first published these rules, it’s clear that many of our prescriptions remain unheeded. Whether or not you embrace the term “New Economy” is not the point. The U.S. economy is fundamentally different than it was two decades ago. To pretend that it hasn’t changed, and to continue ignoring the shifting landscape, will consign us to economic stagnation. That rules of the road issued in 1999 remain relevant today underscores just how little progress was made in the 2000s, and how much work needs to be done to fully bring America into the 21st century.  Policy makers and stakeholders from across the political spectrum need to move beyond the talking points from another generation and embrace policies based on today’s realities.

The views expressed here do not necessarily reflect those of the Progressive Policy Institute.

FCC Can Win a Supporting Role Nod on Broadcast TV Fees

Thursday, March 11th, 2010
Mike Derham



Mike Derham is chair of PPI's Innovative Economy Project.

by Mike Derham

So I wasn’t the only one who thought the FCC dropped the ball in its dealing with the carriage fee kerfuffle over the weekend—some of the nation’s largest cable and broadcast companies have sent a letter to the FCC to that effect.

In a petition filed with the FCC, Time Warner Cable, Verizon Communications, Cablevision and advocacy group Public Knowledge said that regulations governing transmissions from broadcasters to subscription-television providers are outdated and warned that last weekend’s standoff between Cablevision and Walt Disney Co. will be repeated unless the FCC issues new rules. They also called on regulators to assign an arbitrator during stalled negotiations and to require broadcasters to maintain their signals if talks break down.

Updating technology and media legislation is a perennial issue in an era where rules are oftentimes obsolete as soon as they’re spelled out. But it’s rare that you see industry players go to the government and ask to be regulated further. In this case, the FCC should take them up on the offer.

The most immediate benefits will come from the willingness of both broadcasters and cable companies to submit to arbitration, and the signal maintenance requirement. The debate between broadcasters and cable companies is broadly not one of principle, but of money. This negotiation lends itself readily to arbitration, as both sides are not facing an all-or-nothing choice, but seeking a middle ground is reached on fee pricing. Arbitration means that they will find that middle ground faster.

In the off chance that they can’t find that middle ground in time for a “major television event” (whether it be the Oscars, a bowl game, or the 24 season finale), the signal maintenance requirement means that consumers wouldn’t be the loser if talks broke down. Agreeing to extend exiting contracts an additional couple of days is much less costly to either party than the damage done by angering customers in a fiasco like last Sunday’s Oscar-fest.

The FCC should take this opportunity to work with industry—and not impose a solution on them—on a negotiation framework that will be as big a hit with consumers than Sandra Bullock’s role in The Blind Side was with the Academy of Motion Picture Arts & Sciences.

Champion Enterprise, Not Paternalism

Thursday, February 18th, 2010
Will Marshall



Will Marshall is the president of the Progressive Policy Institute.

by Will Marshall

The following piece was written for a conference on progressive governance being held this week in London by the Policy Network, an international think tank dedicated to promoting progressive policies:

For many on the left, the near-collapse of America’s financial system during the winter of 2008-2009 was irrefutable proof of the failure of free market ideas. The new consensus — let’s call it the anti-Washington consensus — was solemnized by business and political elites in Davos last month. Fittingly enough, French President Nicolas Sarkozy delivered the eulogy for neoliberalism.

The Anglo-American model is dead. Long live state capitalism!

Not so fast. In America at least, popular attitudes have not lurched in a more interventionist or social democratic direction. If anything, there’s been a backlash against the emergency measures the Obama administration has undertaken to unlock credit, bail out big banks holding worthless securities, reduce home foreclosures, and keep big U.S. auto companies afloat.

That has perplexed and frustrated Democrats, who believe the government should get more credit for again saving capitalism from the capitalists, just as it did in Franklin Roosevelt’s day. But Wall Street’s fall from grace doesn’t automatically translate into rising public receptivity to a more active state. Anti-business and anti-government attitudes can and do co-exist easily in the American mind.

President Obama maintains, quite plausibly, that Washington’s decisive intervention kept the economy from tumbling into the abyss. But unprecedented public deficits, the government’s effective takeover of large finance and auto companies, and, yes, Obama’s push for comprehensive health care reform, also seem to have resurrected old fears about “big government.”

One likely reason is the sheer, pharaonic scale of government spending to rescue the economy: nearly $4 trillion when you add the Federal Reserve’s efforts to pump liquidity into financial markets, aid for failing banks, last year’s $787 billion “stimulus” plan, and another $100 billion jobs bill for this year. And many in middle America are barking mad that political elites have used tax dollars to shield economic elites from the consequences of their own greed and ineptitude. This is especially true of the independent voters who helped Obama to win a solid majority in 2008, but whose defection over the past year has fueled Republican victories in elections in Virginia, New Jersey, and, most shockingly, the liberal bastion of Massachusetts.

Meanwhile, the U.S. economy is growing again, by a gaudy 5.7 percent of GDP in the last quarter of 2009. There’s been little crowing at the White House, however, not when many small businesses still can’t get credit, people continue to lose their homes, and unemployment remains stuck in double digits.

For Obama and the Democrats, the central economic challenge is not to sell some new model of state-managed capitalism to a public already worried about government spending and overreach. It’s to rebuild the American economy’s capacities for brisk innovation and job creation. That will require striking a careful balance between new regulation and entrepreneurial risk-taking.

With Wall Street again reaping huge profits (and dishing out fat bonuses), some sort of financial regulation likely will pass soon. The key tasks here are reducing moral hazard by ensuring that no financial institution becomes too big or interconnected to fail, raising capital requirements to curb excessively leveraged speculation, and creating transparency in the trading of exotic financial products like derivatives.

But what the country needs even more is a progressive opportunity agenda that emphasizes technological innovation, small business creation, American competitiveness, fiscal discipline, better schools, and middle-class jobs. Such an agenda would include the following elements:

An aggressive infrastructure initiative. Washington must reverse decades of neglect and double or triple spending aimed at modernizing America’s aging and inadequate public infrastructure. Even that, however, won’t be nearly enough, which is why progressives are calling for a National Infrastructure Bank to leverage private investment in high-speed rail, intelligent transportation systems, a smart electricity grid, and next-generation broadband.

A big boost for clean and efficient energy. The United States needs to put a price on carbon, which would raise billions to invest in developing clean fuels and technologies. Unfortunately, Obama’s “cap and trade” proposal is languishing in Congress, a victim of Republican obscurantism on climate change.

More exports. Obama wants to double U.S. exports, but the White House has not pushed Congress hard to pass the U.S.-Korea trade pact. Nor has it confronted China and other Asian nations whose currency manipulations keep U.S. (and European) goods at a competitive disadvantaged.

Fiscal restraint. America’s heavy borrowing from abroad weakens the dollar and deepens our reliance on foreign creditors. To maintain the nation’s fiscal integrity and independence, Obama must walk a fine line between winding down our enormous public deficits and debts and continuing to pump up domestic demand. The key is to reduce the unsustainable growth of public health care costs, which is why Obama is right not to give up on health care reform this year.

An entrepreneurial climate. Over the last three decades, firms less than five years old have accounted for nearly all net job creation in the United States. U.S. progressives should embrace policies that foster innovation and entrepreneurship: more public spending on research, a light-handed approach to regulating and taxing new enterprises, fiscal discipline to keep capital costs low, dramatic improvements in education and preferences for skilled immigrants.

In the ideological hothouse of Washington, it’s natural for Democrats to argue that the financial crisis has discredited market fundamentalism. But the antidote isn’t more government, it’s a progressive model for innovation-led growth that champions individual enterprise and middle class aspiration.

Obama’s Regulatory Accomplishments

Friday, February 5th, 2010
Ed Kilgore



Ed Kilgore is a PPI senior fellow, as well as managing editor of The Democratic Strategist, an online forum.

by Ed Kilgore

Office of Information and Regulatory Affairs Administrator Cass Sunstein

While virtually all national attention has been focused on the difficult straits of the higher-visibility items of the Obama administration’s legislative agenda (and even there, according to the Brookings Institution’s Thomas Mann, his record has been vastly underappreciated), on the domestic matters that a president actually has some control over, the federal government’s regulatory apparatus, the administration has quietly undone many years of Republican mischief.

That’s the message of an important piece by John Judis that appeared in The New Republic earlier this week.

Judis places Obama’s accomplishments on the regulatory front into three main categories. First he’s appointed (where Republicans in the Senate have allowed him) officials who actually believe in the missions of the agencies they work for, and are qualified for their jobs.

Given the habits of Republican administrations, that’s no small thing:

Reagan chose Thorne Auchter, the vice president of a construction firm, to head OSHA. Bush appointed a mining company executive to head the Mine Safety and Health Administration and a trucking company executive to head the Federal Motor Carrier Safety Administration. To lead OSHA, he named Edwin G. Foulke Jr., a longtime foe of the agency who had advised companies on how to block union organization. Some of the Republican appointees weren’t business types, but ideologues or hacks who were utterly unqualified for their positions. Anne Gorsuch, whom Reagan nominated to head the EPA, was a rising member of the Colorado House of Representatives, where she was part of a conservative group known as the “House crazies.” Michael Brown, whom Bush appointed to run the Federal Emergency Management Agency (FEMA), had previously been commissioner of the International Arabian Horse Association.

Obama’s approach, says Judis, couldn’t be more different:

[T]he flow of expertise into the federal bureaucracy over the past year has been reminiscent of what took place at the start of the New Deal. For instance, as a replacement for Foulke at OSHA, Obama chose David Michaels, a professor of occupational and environmental health at George Washington University. In 2008, Michaels published a book, Doubt is Their Product: How Industry’s Assault on Science Threatens Your Health, detailing how businesses had delayed regulations by “manufacturing uncertainty” about scientific findings.

To manage the EPA, Obama appointed a slew of highly experienced state environmental officials. (As Bill Becker of the National Association of Clean Air Agencies explains, state officials are ideally suited for the EPA because they have firsthand experience in how regulations are enforced and how they work.) Obama’s choice to run the agency was Lisa Jackson, a chemical engineer who led the New Jersey Department of Environmental Protection. Her deputies include the former secretary of the environment in Maryland, as well as the former heads of the Connecticut Department of Environmental Protection, the Massachusetts Bureau of Resource Protection, and the Arizona Department of Environmental Quality.

Meanwhile, Obama chose as his Food and Drug Administration (FDA) chief Margaret Hamburg, who achieved renown during the 1990s as health commissioner of New York City, where she developed a program for controlling tuberculosis that led to a sharp decline in the disease. Her number two is a former Baltimore health commissioner who, in 2008, was named a public official of the year by Governing magazine.

Second, says Judis, Obama has decisively reversed the Reagan-Bush 43 habit of undermining regulatory agencies by starving them of administrative funds and personnel:

Even in the face of the recession, he proposed and got funding increases for numerous regulatory agencies–some of them dramatic. He asked for $10.5 billion for the EPA for 2010–a 34 percent jump over 2009, and the first time in eight years that the budget had increased. He also requested a 19 percent increase in the FDA’s budget, the largest in its history; a 10 percent increase for OSHA, which will allow it to hire 130 new inspectors; and increases of 5 percent, 7 percent, and 9 percent for the Federal Trade Commission, the SEC, and the Commodity Futures Trading Commission.

Finally, Obama has ended the application by Republican administrations of a skewed approach to cost-benefit analysis of proposed regulations that makes short-term costs to businesses an overriding consideration. His most important step was probably appointing progressive law professor Cass Sunstein to head up the White House “super-agency” that reviews federal regulations, which under Bush became a major obstacle to the ability of regulatory agencies to do their work.

Judis warns that continued progress on this front is one of the little-appreciated stakes involved in this November’s elections:

In 1993, Clinton, too, attempted to revive the regulatory agencies by appointing well-qualified personnel and increasing funding. But, after Republicans took control of Congress in 1994, they managed to cut Clinton’s budget proposals and delay or block the implementation of regulations. If Democrats lose Congress this November, the same thing could happen again.

That’s something for progressives “de-energized” by the events of the last year, and inclined to sit on their hands this election cycle, to keep in mind.