Pacific Fibre's planned undersea fiber optic cable set to begin service in 2013. (click to enlarge)

Australia and New Zealand remain the two countries most notorious for Internet Overcharging schemes like usage caps and speed throttles.  The lack of international broadband capacity is routinely blamed for limiting broadband usage for consumers in both southern Pacific countries, and now a major undersea fiber optic cable project seeks to end those Internet Overcharging schemes once and for all.

Pacific Fibre hates usage caps.  The company, which is one of the partners in a planned 5.12 terabits per second undersea cable connecting the United States with New Zealand and Australia, believes limiting broadband consumption is bad for business — theirs and the digital economies of both nations.  Now the company is reportedly willing to put its money where its mouth is, charging broadband providers a flat rate per customer for unlimited access to its backbone network.

The company believes such pricing will force providers into selling more generous, often unlimited broadband service packages for businesses and consumers.  Providers have routinely blamed insufficient international capacity for restrictive data caps.  But increasing capacity, including Pacific Fibre’s new cable set to begin service in 2013, removes that excuse once and for all.

Co-founder Rod Drury believes there will be so much capacity, if providers continue to engage in Internet Overcharging schemes, most of the newly available bandwidth could actually go unsold.

“Why don’t we flip the model around and go to a per-person charging model and then try to give internet providers as much bandwidth as we possibly can for that?,” Drury told BusinessDay.  “The charges could be segmented by customer type; you could do it for mobile connections, home connections, schools, hospitals and businesses, and set a reasonable price.”

CNBC talked with Pacnet CEO Bill Barney, one of the partners in the Pacific Fibre project, about bandwidth needs in Asia and how new undersea fiber cables will meet the growing demands.  (Segment one of the interview was done in June, segment two in July.)  (10 minutes)

Telecommunications Users Association chief executive Ernie Newman said Drury’s idea was long overdue. “The way the world is moving is towards all-you-can-eat-type plans and any move like that has got to be the way of the future.”

But one of Pacific Fibre’s competitors, Southern Cross, which currently provides undersea fiber connections for South Pacific Internet Service Providers, said he wasn’t sure Drury’s idea would work.

Southern Cross marketing director Ross Pfeffer said broadband providers haven’t been justified limiting broadband usage for some time, as newly available capacity has already helped ease the bandwidth crunch.  Instead, critics contend existing providers don’t want to give up the massive profits they are earning limiting usage, maximizing revenue from users who think twice before using high bandwidth services, thus reducing required investments in network upgrades.

“New Zealand internet providers [are] using data caps to segment the retail market and maximize their own revenues,” Pfeffer noted.

Both Australia and New Zealand are embarked on National Broadband Plans to take back some control of their broadband futures from private providers many accuse of monopolizing an increasingly important part of both countries’ digital economies.

Drury’s project, and others like it, may become important components of newly constructed national fiber-to-the-home projects proposed in Australia, and dramatically improved service in New Zealand.

The history of deploying underseas cables is a fascinating one.  Check out this 1936 documentary showing how AT&T made undersea phone cables to connect the San Francisco Bay area.  Back then, companies didn’t use rubber or plastic cable jackets to keep the water out.  They used jute fiber and paper!  Some other companies used gutta percha, which is today best known for root canal fillings, or tar mixtures.  (5 minutes)

http://www.phillipdampier.com/video/BBC Cable Under the Sea.flv

Before there was telephone service, the challenges of connecting the far flung components of the British Empire were met by underseas telegraph cables beginning in the 1870s.  A fascinating BBC documentary visited Porthcurno, located at the tip of Cornwall, England, where 14 undersea telegraph cables stretched from a single beach to points all around the globe. Then something called “wireless” arrived and threatened to ruin everything.  (8 minutes)

http://www.phillipdampier.com/video/Fiber Optic Cable.flv

But what exactly is “fiber optic cable” and how is it made?  More importantly, how do they store thousands of miles of fiber optic cable on a single ship, ready to drop to the bottom of the ocean?  The answers to both are here.  (12 minutes)

Sen. David Hoyle (D-Time Warner Cable)

After 18 years representing the people of Gaston County, N.C., Senator David Hoyle closed out his ninth and final term in the North Carolina Senate with a disgraceful admission:  He allowed the state’s largest cable company, Time Warner Cable, to draft legislation in his name to thwart competition and allow skyrocketing cable and broadband bills for his constituents.  Worse yet, he admits he’s proud he did it.

Hoyle, who calls himself a “pro-business Democrat,” ignored his own constituents’ interests when he introduced legislation earlier this year that would effectively curtail municipal broadband projects across the state from providing enhanced broadband at significant savings for residents.

Stop the Cap! has covered Hoyle’s water-carrying for the cable and phone companies since he announced his pro-cable legislation and accompanying municipal broadband moratorium.  Our regular reader Tim sent word Hoyle blurted out whose interests he really represented on a Charlotte TV newscast last week.  Not having to answer to voters in a future election gave Hoyle remarkable courage to tell viewers he carried more water for Time Warner Cable than Gunga Din:

When the I-Team asked him if the cable industry drew up the bill, Senator Hoyle responded, “Yes, along with my help.”

When asked about criticism that he was “carrying water” for the cable companies, Hoyle replied, “I’ve carried more water than Gunga Din for the business community – the people who pay the taxes.”

Evidently Hoyle forgot his constituents pay taxes too, along with ever-increasing bills from Time Warner Cable.  With Hoyle’s help, North Carolina’s phone and cable companies hoped to limit competition, guaranteeing future rate increases and higher bills — a Hoyle Tax that consumers across the state would pay indefinitely.

Last December, Hoyle was more high-minded when announcing his imminent retirement from office:

[...]Having had the honor and privilege to serve my community and state in every way that has been asked of me, beginning 45 years ago as mayor of Dallas, it is now the time and the season to welcome the next phase of my life.

After much thought, I have made the difficult decision not to seek re-election to the Senate. While I will not seek re-election, please be assured that I will serve the rest of my term with the same diligence, dedication and integrity with which I have served from my first election. Public service has always been a central part of my life and my commitment to our community and our state remains strong.

Hoyle’s actions prove that his diligence, dedication, and integrity only extend to the businesses that heartily supported him while in office.  That pact protected each others’ interests while trampling yours.

Despite Hoyle’s dogged efforts to place a moratorium on municipal broadband projects in the state, even going as far as to suggest fiber was “obsolete,” several of his colleagues thought better and blocked the attempt.

For consumers in Salisbury, not too far from Charlotte, the good news is fiber optic broadband will outlast memories of a  senator working at the behest of the cable industry.

Fibrant, the city-owned fiber broadband provider, will commence beta testing of its new service in September.  It will deliver broadband service 10 times faster than that offered by Time Warner Cable and AT&T U-verse at highly competitive prices.  Standard 15Mbps service — upstream and downstream — will cost 10 percent less than the competition’s slower services.

Salisbury has spent $50 million to construct the network using bond money that will be paid back from revenue earned by the system.

For Hoyle, spouting traditional industry talking points, that’s a recipe for disaster.  Considering Hoyle raked in substantial contributions from Time Warner Cable, Sprint/Nextel PAC, and telecom lobbyist Parker, Poe, Adams, and Bernstein PAC, among others, voters may wonder whether Hoyle’s anti-municipal broadband declarations were also written by the telecom industry.

Opponents like Hoyle declare earlier municipal broadband efforts have been financial failures for cities.  If so, why the industry fulminates about such “failures” that would hardly threaten them is more than a little curious.

Other opponents claim government cannot do anything right, so they should stay out of the private sector cable business.

This "financial failure" in Dalton, Georgia has cornered 70% of the residential market offering superior service, and keeps $1.5 million in monthly revenues at home in northwest Georgia.

Yet residents in decidedly red-state Dalton, Georgia had more than enough of their free market cable system — Charter Cable.  The community of 38,000 supported a move in 2003 by Dalton Utilities to build a publicly-owned alternative.  They couldn’t install service fast enough, and today Dalton Utilities’ Optilink brings in $1.5 million in revenue every month which stays in Dalton.  The local government option today reaches nearly 70 percent of the residential market and last week was voted 2010 #1 Internet Provider in the Daily Citizen’s Readers’ Choice Awards for the third year in a row.

Opelika, Alabama also rejected the “government can do nothing right” talking point in a referendum to support a fiber to the home network for their community as well.

In reality, although no government is perfect, Americans do trust local government to provide safe drinking water, put out fires, and arrest criminals — all incredibly vital services.  As broadband increasingly joins electricity, gas, phone and water as an essential utility, providing it at unregulated monopoly pricing just isn’t going to cut it any longer.

Hoyle has a future as a paid mouthpiece for the industries he befriends, but more importantly, he’s represents s a teachable moment.  The next time an elected official scoffs at the notion he’s bought and paid for by the companies who write him generous campaign contribution checks, just remember Senator David Hoyle… North Carolina’s first senator from Time Warner Cable, but almost certainly not the last.

WCNC-TV in Charlotte got Sen. David Hoyle’s remarkable admission that Time Warner Cable wrote the bill he introduced to stop cable competition for North Carolina consumers.  (3 minutes)

Broadband for America is the product of the nation's largest phone and cable companies.

Broadband for America has begun assaulting the airwaves with a high-priced advertising campaign claiming that “broadband is leading the [economic] recovery” but is threatened by “1930s telephone regulations,” urging Congress to get involved to stop broadband reform.

The 30 second ads blanketed cable and several Sunday morning news shows yesterday.

What the ads don’t mention is Broadband for America is actually one giant front group backed by large phone and cable companies.  In a study released last fall, Stop the Cap! found virtually every single “coalition” member, including so-called “independent consumer advocacy groups,” do substantial business with, or have received significant financial contributions or board assistance from companies including AT&T, Verizon, and Comcast.

Well-financed by the telecommunications industry it directly represents, Broadband for America seeks further deregulation and wants Congress to stop the FCC from enacting broadband reforms ranging from “truth in marketing” and billing to Net Neutrality.

The “honorary co-chairs” of the group are Michael Powell, the same Bush Administration FCC chairman that badly bungled the FCC’s approach to broadband policy thrown out in the courts earlier this year, and former Congressman Harold Ford, Jr., who left public service for a very lucrative career in “dollar-a-holler” advocacy and working as a lobbyist for the economic-vampire investment bank Goldman Sachs (something Broadband for America left out of his online biography.)

Broadband for America, a telecom-backed astroturf group, is running these advertisements promoting the agenda of AT&T, Verizon, and Comcast to try and stop broadband reform policies.  (1 minute)

38 Tennessee counties are about to face AT&T price deregulation, something critics contend will bring rate hikes of up to 50 percent for many of the state's most rural residents.

Attention rural residents in 38 counties in Tennessee with AT&T landlines: Start saving your money because AT&T will come looking for more of it soon enough.

As a result of 2009 legislation heavily promoted by the state’s largest phone company, AT&T has easily managed to pass a “competition test” it helped devise, triggering total deregulation of basic phone rates across the state.

Although some of the legislation’s supporters are celebrating the end of rate oversight by the Tennessee Regulatory Authority (TRA), claims that competition has broken out across Tennessee may be an exaggeration.  Critics contend many residents will face relentless AT&T rate increases, especially for the elderly and those living in rural areas — typically the poorest regions of the state.

AT&T’s competition test only required the presence of a potential competitor to meet the definition of “competition.”  Unfortunately, for many residents in the 38 affected counties, that competing cable or wireless provider often can’t or won’t provide reliable service, either because cable lines bypass rural areas or cell phone service offers poor signals.  That leaves many consumers at the mercy of AT&T, who can now charge whatever they like.

It’s a key flaw many state legislators fail to recognize when accepting the phone company’s argument that deregulation will save consumers money.  Documentary evidence suggests the reverse is true, especially in areas not well covered by cable and wireless competition. Those choosing the most basic levels of service typically face the largest rate hikes as telecommunications companies try to drive customers into multi-service bundles often approaching $200 a month.

For now, the first step is to do away with oversight and AT&T wasted no time pulling out provider maps for the 38 still-regulated counties in the state and found cable and cell phone competitors in all of them.  Despite the fact those services are not available to every resident, AT&T lawyer Joelle Phillips demanded the TRA immediately end rate regulation.

Customer Advocacy Lawyer Mary Leigh White warned the TRA AT&T would follow their track record in other states where rates were deregulated and raise prices up to 50 percent. Phillips told the Authority it didn’t matter — the law AT&T helped write and lobby for was clear:

“When a statute includes one thing specifically and doesn’t refer to other things, that the statute must be read to have done that on purpose,” said Phillips.

With that argument, the TRA capitulated Monday and voted unanimously to end rate oversight.

Consumers in the state who do find major price hikes in their future can blame the deregulation bill’s chief sponsors:

• Sen. Paul Stanley, (R-Collierville) (Resigned last August after caught in an extramarital affair with a 22-year old intern.)
• Sen. Dewayne Bunch, (R-Cleveland)
• Rep. Gerald McCormick, (R-Chattanooga)

WSMV-TV in Nashville covered the end of AT&T rate oversight and the implications the change will have on Tennessee phone bills.  (2 minutes)

Wendy

Pro-broadband reform groups continue to hit the telecommunications industry’s last nerve.  While the fight for more expansive broadband and Net Neutrality continues, some providers and their water-carrying friends are pulling out all the stops to keep broadband under the firm grasp of a phone and cable duopoly.  Both will say or do just about anything along the way to stop consumer-friendly reform.

Say hello to Mike Wendy.  He’s made it his personal mission to “expose” groups promoting broadband reform as “radicals” and “hardcore entrenched lobbyists.”  Using rhetoric that will resonate with angry talk radio listeners, Wendy is convinced broadband policies that enforce the public interest and Net Neutrality are akin to a Marxist takeover.  While Wendy calls on good Americans like himself to man the barricades protecting AT&T, Verizon, Comcast, and Time Warner Cable, he just doesn’t have time to mention he happens to work for a special interest group funded by Big Telecom.  Maybe it slipped his mind?

Wendy’s ironically named “Media Freedom” blog is chock full of attacks on “Free Press and the radical media reformistas [sic].”  Special guest stars include Venezuela’s Hugo Chavez, Marxism, collectivism, and a whole slew of rhetoric that ultimately tells readers efforts to enact broadband reform are little more than a grand socialist conspiracy.

A real grassroots campaign is run for and by consumers. An astroturf campaign is bought and paid for by corporate interests to push their own agenda.

His visitors’ enthusiasm for such accusations might be diminished a tad had Wendy prominently disclosed his day job: Vice President of Press & External Affairs at the Progress & Freedom Foundation, a “think tank” that ingests money from Big Telecom and then spews forth their talking points.  Among the backers: AT&T, Comcast, the National Cable and Telecommunications Association, Time Warner Cable and Verizon.

That takes the wind out of the proclamation that Media Freedom is a bulwark against those who “threaten to quash speech and economic freedoms.”  Wendy isn’t working for Big Government.  He’s working for the interests of AT&T and Comcast.

Many of the companies supporting the Progress & Freedom Foundation have a vested interest in maintaining today’s barely-competitive broadband marketplace, avoid oversight, and stop reform regulation and legislation dead in its tracks.  They want Progress only on their terms and the Freedom to do whatever they please.

The real chutzpah moment came when Wendy claimed pro-consumer groups like Free Press and Public Knowledge were the ones running high-powered lobbying campaigns.  That’s a pot to kettle moment to behold, especially considering who paid to print Wendy’s business cards.  From a recent blog post:

The “public interest” lobby makes itself out to be the tireless, country-poor underdog for the downtrodden consumer.  But don’t be fooled.  In the technology space, three such groups – Public Knowledge, Media Access Project and Free Press – have few rivals.  Their humble appearance belies their take-no-prisoners, oftentimes shameless, below-the-belt approach to public policy formation and gamesmanship.  How do they do it?  They use all the tools, and then some, to make them every bit as sophisticated as the largest companies they’re trying to undermine.

Shameless and “below-the-belt” might better define Wendy’s last job: “Director of Grassroots” for the United States Telecom Association, a job title that literally defines astroturf-in-action. Who is on the board of USTA?  Among others, corporate executives and lobbyists for AT&T, Verizon, Qwest, and two members who shouldn’t be able to afford the annual dues considering their employers went bankrupt — Hawaiian Telcom and FairPoint Communications.

Wendy’s line of thinking is evident soon enough from his blog’s tag cloud, a regular cocktail of conspiracy:

The ironically named "Media Freedom" blog isn't media and its freedom is limited to carrying water for the nation's largest telecom companies.

• Al Franken (the broadband industry’s ‘Boogie Man’)
• Cyber-Collectivist (the secret link between broadband and Jean-Jacques Rousseau)
• Fairness Doctrine (guaranteed to perk up the ears of any conservative talk radio fan wandering through)
• First Amendment (for corporations)
• Freedom (for said corporations to abuse your wallet)
• Free Speech (for corporations)
• Hugo Chavez (the go-to-guy for lazy smear-by-association rhetoric)
• Marxist (chalkboard time)
• New Deal (broadband users sure want one)
• … and redistributionism (something overheard at the last session of the “Communications Comintern?”)

The rhetoric is two parts AT&T to one part 1970s Radio Tirana, Albania.  A Glenn Beck swizzle stick labeled “Marxism” is included to stir the overheated rhetoric into a hot mess for Verizon and the cable lobby.

All of the “isms” aside, we’ve created a convenient, handy-dandy chart you can use to see which team Wendy and his group really supports:

Distinctions With a Difference – A Telecommunications Issue Checklist

Big Corporations Know What’s Best for You (1 minute)

Verizon Hands Out More Money for Lobbying Than Any Other Telecom Company

Verizon spent $4.44 million dollars in the second quarter of 2010 on lobbyist activities designed to influence the federal government on broadband matters and other issues of concern to the telecommunications giant.

Verizon’s lobbying budget routinely exceeds $16 million a year.  It achieved the top spot among all telecommunications companies willing to spend millions to get its views heard in Washington, even as it stops expansion of its fiber optic FiOS project and has reduced spending on network upgrades, especially for landlines.

Verizon’s lobbying activities were disclosed as part of federal reporting requirements.  Verizon’s filing shows the company has several lobbyists working on a number of issues of interest to the company, particularly broadband and wireless phone legislation.

The company’s disclosure form lists the names of some of their top lobbyists.  The revolving door seems to always be turning in Washington, as former members of Congress and their aides leave to accept lucrative positions at Washington-area lobbying firms.  Among Verizon’s:

Shirley Bloomfield: From 2007-2009, she represented Qwest while also working with Rep. David Obey (D-Wisc.).  Bloomfield also lobbied for the National Telecommunications Co-Op and served as a press aide for the House Budget Committee.  From 2009 on, she’s been the VP of Federal Government Relations (read that – lobbyist) for Verizon Communications.  She kept one foot firmly planted at Big Telecom and the other in the halls of Congress.

Frank Cantrel Jr.: He’s been in this lobbying business for a long time.  After serving as an aide for ex-Senator Bob Packwood (R-Oregon), Cantrel worked for MCI’s interests for nearly a decade before moving on to represent Verizon’s from 2006 forward.  You could have spotted him July 20th at the invitation-only “Beers and Burgers” event for Rep. Roger Wicker (R-Miss.) bought and paid for by several lobbyists with campaign contributions in hand.  Would you like some fries with that “compromise” on Net Neutrality?

Bloomfield

Peter Davidson: General Counsel for former House Majority Leader “Darth” Dick Armey (R-Tex.), Davidson learned lobbying and corporate-backed astroturfing from the grand poohbah himself.  He spent time lobbying for US West and Qwest.  While Armey left for FreedomWorks, Davidson spent time as General Counsel at the Office of U.S. Trade Representative before getting paid the big bucks by Verizon.

Brian Rice: Verizon’s newest addition to its lobbying army, Rice comes straight from the office of Senator John Kerry (D-Mass.) where he served as Kerry’s Communications Policy Advisor.  Anyone want to guess what he “advised” the senator to do that helped make him the perfect choice for Verizon’s newest lobbyist?

Representing your constituents’ interests can be a major problem for members of Congress and their staffers who know only too well that riches await them working at lobbying firms after their stint in public service ends.  But few will be offered positions if they spend their time and energy alienating their future employers, which is just another reason why many members of Congress are receptive to industry arguments, especially when accompanied by a generous campaign contribution at an industry-sponsored golf tournament, barbecue, or luncheon.

For too many members of Congress, your needs come second (or third… or don’t even make the list.)

Stevens

Sen. Ted Stevens death last week in a plane crash has shined a light on increasingly cozy relationships between Alaska’s most powerful politicians and the special interests that court their support.  Winning favor with a politician that can control and direct financial resources from Washington can secure your company millions in taxpayer dollars and legislative favors in America’s most rural state.

When he died, the former Alaskan senator was on his way, as an invited guest, to an isolated lodge owned and maintained for the use of executives at Alaska’s largest broadband provider — GCI.  Time alone in the Alaskan wilderness delivered the ultimate captive audience for those the company sought to influence and Stevens was always a company favorite.

Accompanying Stevens on the doomed flight were GCI’s senior lobbyist Dana Tindall and William D. Phillips Sr., a lawyer, lobbyist and former chief of staff for Mr. Stevens.  Both also perished in the crash.

Even after Stevens was voted out of office after being initially found guilty in a federal corruption trial, special interests like GCI continued to court Stevens, who all-too-willingly mixed business and pleasure — including the ill-fated fishing trip sponsored by the Alaskan telecom company.

Stevens didn’t go quietly out of politics after losing to Democrat Mark Begich in 2008.  The New York Times noted he split his time between Washington and Alaska, providing “consulting” services and worked on resource issues.

His close connections to beltway politics kept him in favor among Alaska’s corporate interests, many of whom had supported Stevens financially and rhetorically for decades.

Tindall’s close relationship to Stevens paid GCI dividends in favors and support — both of which they returned in the form of generous campaign contributions, as the Times reports:

Ms. Tindall, 48, did not work for Mr. Stevens, but several people said they had a strong mutual respect and a warm rapport. She is credited with helping the company she worked for, GCI, grow rapidly in Alaska at the same time that Mr. Stevens was influential in telecommunications issues in Congress. He frequently brought members of the Federal Communications Commission to Alaska and helped steer money toward improving communications in rural areas. Another of his former chiefs of staff, Greg Chapados, is a vice president at GCI.

Tindall

“Senator Stevens was instrumental in helping get a satellite project started so that people in Alaska could watch same-day television and live events,” said Mike Porcaro, a radio personality and advertising executive whose clients include GCI. Mr. Porcaro recalled not being able to watch live network television in Alaska as late as the 1970s. “We went from the 1800s to the 20th century in one day, mostly because of him,” Mr. Porcaro said.

Executives at GCI were generous campaign contributors to Mr. Stevens. Since 1994, Ms. Tindall was the most generous, donating $7,100 to his campaigns, records show. But in 2007 and 2008, as the corruption case surrounded Mr. Stevens, Ms. Tindall and other GCI executives gave less. Ms. Tindall initially gave $1,000 that year, though she later reduced the amount to $400.

Roberta Graham, a public relations executive and a close friend of Ms. Tindall’s, said Ms. Tindall and Mr. Stevens were “kindred spirits,” similarly tenacious and dedicated to their work.

GCI can afford to wine and dine Alaska’s politicians from the rate hikes they will visit on their broadband customers with a proposed Internet Overcharging scheme that will limit customers to how much Internet access they can enjoy.

That abusive pricing is something Senator Stevens would have undoubtedly supported, even if he lacked an understanding of its implications.

The late senator embarrassed himself in 2006 when he sought to defend his friends in the telecommunications industry against Net Neutrality.  At one point, Stevens reduced the Internet down to a “series of tubes.”

But then companies like GCI didn’t contribute generously to his campaign for his broadband knowledge — they just wanted to make sure he was a safe vote in their column.

A new report published by the Federal Communications Commission this week finds Americans are being ripped off by their broadband providers who promise speeds 50 percent faster than they actually receive.

In a generically named report, “Broadband Performance,” the FCC finds Americans love spending increasing amounts of time on the Internet, but face providers making bogus marketing claims for speeds they’ll never actually receive.

In 2009, average [...] advertised download speeds were 7–8 Mbps, across technologies. However, FCC analysis shows that the median actual speed consumers experienced in the first half of 2009 was roughly 3 Mbps, while the average (mean) actual speed was approximately 4 Mbps. Therefore actual download speeds experienced by U.S. consumers appear to lag advertised speeds by roughly 50%.

[...] The “up to” speed, however, does not provide an accurate measure of likely end-user broadband experience. That experience depends on multiple factors, including the actual speed that consumers realize, taking into account the impact of network congestion; and other metrics like the availability of the network, latency, jitter and packet loss. In other words, consumers need a better, publicly agreed upon measure of broadband performance that reflects the network operation and end-user experience.

No surprises here - the FCC found fiber delivered the fastest broadband speeds with wireless and satellite service delivering the slowest

Providers in several countries have been called to account for marketing claims that never seem to be realized by customers.

For years, providers have relied on the weasel words “up to” to escape charges of outright misrepresentation of their products.  The FCC doesn’t believe the status quo properly informs consumers about true broadband speeds, especially when comparison shopping.

Some of the widest gaps between advertised and actually delivered speeds came from telephone company DSL service.  Many phone companies define their maximum speeds based on theoretical maximums, not the actual average speeds encountered by customers.  While some providers claimed up to 10Mbps service, they only actually delivered up to 3Mbps to many customers.

The report recommends new disclosures, including average actual speeds delivered to customers, what kind of speeds customers can expect during peak usage times, and what speeds consumers will encounter while using certain online applications.

Speeds can make all the difference for certain classes of broadband users, also defined in the FCC report:

➤ Advanced. These consumers use large amounts of data and tend to use the highest quality voice, video, and other cutting-edge applications.

➤ Full media. These consumers are moderately heavy users of broadband and mobile applications, seeking to access high-quality voice, data, graphics, and video communications but, typically not in the most cutting-edge forms.

➤ Emerging multimedia. These consumers utilize some video and graphical content but still see the Internet primarily as a way to communicate and access news and entertainment in a richer format than found in offline content.

➤ Utility. These consumers are largely content to access the Internet for basic news, communication, and basic entertainment.

The New America Foundation thinks the gulf between promises and reality has grown so large, it’s time to bring “The Schumer Box” to broadband.  Named after Sen. Chuck Schumer (D-NY), the “Schumer Box” was made a part of every credit card application and cardholder agreement.  It breaks out in large print fact-based disclosures to consumers about what kind of service and pricing to expect.  The Foundation wants consumers to have truth-in-labeling introduced for Internet users who will be able to comparison shop providers more effectively.

One consumer group wants a credit card-style disclosure of broadband speeds and policies

While the FCC’s findings may not reach the level of credit card-style disclosures, the agency does recognize there is a significant problem with providers misrepresenting their broadband speeds.

The report also found consumers are increasing their amount of monthly usage, often correlated to the speeds they receive.  Those with the fastest broadband accounts consume the most (and typically also pay the most for service).  Those with slower speeds consume less.

That finding supports the contention among many consumer groups that today’s speed-based broadband tiers fairly compensate providers for customer usage.  Those who use the most pay the most for the fastest speeds. Those who use the least pay lower prices for lower speed tiers.

The agency also rated fiber to the home America’s fastest broadband technology, followed by cable broadband, then DSL service, and finally wireless/satellite-delivered service.

Phillip "Cry Me a River, Guys" Dampier

Like two peas in a pod, Robert Cyran and Bob Cox are back for the umpteenth time with their views on something.  A few years ago, they were upset because the group Radiohead decided consumers should name their own price for one of their albums.  This time it’s about Net Neutrality and variable pricing for broadband.  Writing for Reuters BreakingViews, they’re deeply concerned poor traditional phone and cable companies are being shortchanged — saddled with the costs of building and maintaining networks that content companies like Google, Apple, Cisco, and Microsoft get to use for free.

As for the four leading [content companies], they have a combined net cash pile of around $140 billion. Last year they spent $4.9 billion on capital expansion, a tenth of what the big four [telecom companies] paid to erect new cell towers, buy routers and extend fiber-optic cables.

[...]The introduction of variable pricing, or charging customers based on the data they consume, will help pay for the needed gear. But it means that the already unpopular [telecoms] will stick their customers with far larger bills — a recipe for political interference. Meantime, the [content companies] would continue to carry away what the telecom operators see as a disproportionate share of the benefits.

This analysis is a mile wide and an inch deep — fundamentally flawed because of information Cyran and Cox either ignored, didn’t know about, or didn’t care to consider.

First, Cisco is hardly a content company.  It is doing quite nicely feeding rumors of the forthcoming great tsunami of data — the “zettabyte era of broadband” that will result in a global traffic jam only they can help overcome. Cisco’s success comes from the sale of advanced networking equipment that can manage the growth of the Internet.  The amount of data that crosses today’s broadband wires has grown exponentially, even as the costs to manage it are increasingly declining on a per-gigabyte basis.  Apple is partly a content company, but more importantly is a developer of devices like the iPad and iPhone which are driving growth in wireless networks and helping justify the acceptance of monthly wireless phone bills easily over $100 a month in many households.  Google has content, but is also willing to take a plunge into being a provider itself, with plans to deploy an advanced 1Gbps fiber network that big telecom providers say cannot be built in a sensible way (to their investors.)  Finally, love or hate Microsoft, they have successfully powered the growth of personal computing which made the concept of broadband something telecom companies could actually sell to their shareholders as a viable business.

Cyran and Cox equate content providers and big telecom companies as unequal beneficiaries of the broadband revolution.  But just like many other powerful interests opposed to Net Neutrality, they forget those big telecom companies earn enormous revenue and profits from their customers — you and I.  The financial reports of all of these companies tell the story Cox and Cyran don’t.  Broadband profits among large telecom companies are the biggest growth area these companies have.  Deploying the service reaps financial windfalls.  Even with capital expenses involved in constructing fiber optic networks, broadband revenue can still make shareholders smile like no other component in today’s triple play packages.

On the wired side, Verizon has announced it has suspended further expansion of its fiber network FiOS indefinitely.  No other national cable or phone company is currently constructing true fiber to the home networks. Instead, most deploy fiber to the neighborhood and let coaxial or copper wiring cover the rest of the way.  Indeed, capital spending by many telecom companies is actually dropping.

On the wireless side, more than 90 percent of Americans now carry cell phones.  The monthly prices most pay for service exceeds that of their landline provider, if they have one.  Yet for all of the awful costs wireless providers face, AT&T and Verizon can’t wait to devote more time and energy to the wireless side of their business, because that is where the real money can be found.

It’s difficult to claim “victim” status of unequal treatment when you’re standing in a room filled with piles of cash.

The authors also completely ignore the fact companies that produce content don’t just throw it on the web for free.  An entire industry devoted to delivery of streaming media and other high bandwidth content buys fat pipelines from these telecom companies to deliver content to consumers.  Every content provider already pays their fair share for the traffic they generate.  Consumers pick up the rest as part of their monthly bill.

But Cyran and Cox believe these content companies (and consumers) should pay dramatically more to telecom companies for “upgrades” that may or may not materialize, and are frankly just the cost of doing business, which can be recouped from the relatively expensive broadband pricing Americans already pay for service.  The profit margins for broadband service are enormous.

Variable pricing, which we consistently call Internet Overcharging, is nothing more than price gouging, and the one true fact in their piece we agree with is that customers will get stuck with the bill.