The FCC's (read Chairman Kevin Martin's) plan to set aside spectrum for a free, nationwide broadband network is also on yet another path for failure when eventually it is scrutinized by the courts.

Martin, who's gearing up for a post-FCC political career, rejected a similar proposal by M2Z last year after the startup offered to build an ad-supported, content-filtered broadband network. It's difficult to identify one reason for the rejection. M2Z got snippy with the FCC for being so slow to review their application; application subsequently (and speedily) rejected. M2Z also wanted the spectrum for free, offering the government a revenue-sharing deal.

This year, Martin pulls out his own version of universal wireless broadband, complete with the same problems M2Z faced and a couple of others. M2Z's proposal, if approved, would have set a precedent likely to be of grave concern to Net Neutrality advocates. At its core it would be an Internet service provider actively censoring content coming across its network.

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