FCC Chairman Ajit Pai drinking from his oversized mug.

Last fall, FCC Chairman Ajit Pai trumpeted claims that as a result of his successful efforts to rid the United States of net neutrality, the days of reduced investment from the nation’s cable and phone companies were over.

“Since my first day on the job, this agency has been focused on cutting through the regulatory red tape and increasing broadband investment, most importantly in rural America where the digital divide remains all too real,” Pai said in October 2018. “Today’s report confirms that the FCC’s policies to promote broadband deployment are working. After internet service providers reduced new investments in 2015 and 2016 under the prior Administration’s regulatory approach [ie. net neutrality], broadband investment increased in 2017 by $1.5 billion over the previous year. That’s real progress for American consumers, and another step toward better, faster, and cheaper broadband for all Americans.”

Of course, his claims were false last fall. Top executives at the nation’s largest telecom companies have repeatedly admitted that net neutrality had little, if any bearing on their spending plans. Much of the increased spending was, in fact, attributable to:

• AT&T’s required expansion of its fiber to the home network to meet its obligations from the acquisition of DirecTV.
• Charter Communications’ committed upgrades as part of its acquisition of Time Warner Cable and Bright House Networks, including switching off analog video and deploying DOCSIS 3.1.
• Comcast’s increased spending on DOCSIS 3.1 and pushing fiber optics deeper into its hybrid fiber-coax network.
• Wireless carrier investment in further 4G LTE deployments and network densification.

In the past six months, many of these companies have signaled investors the days of big spending are over, despite the fact the so-called regulatory shackles of net neutrality and other reform measures have been abolished under the Republican-led FCC.

Today, Comcast delivered the ultimate truth blow to Pai’s worthless promises, showing the lowest investment intensity in years. In fact, Comcast reported a huge 19.4% drop in capital expenditures, while achieving a 40.1% EBITDA margin — a signal the company is earning even bigger profits than ever, while at the same time literally slashing investment. One thing that did not decrease was Comcast’s total free cash flow, which rose to $4.592 billion dollars in the last quarter.

The House on Wednesday approved a bill on a 232 to 190 vote along party lines to restore net neutrality protections first adopted in 2015, but repealed in 2018 by the Republican majority serving the Trump Administration’s Federal Communications Commission under the leadership of Chairman Ajit Pai.

All 231 voting Democrats voted in favor of the net neutrality measure while all but one Republican (Rep. Bill Posey of Florida) opposed it.

While the measure would never have passed a Republican-controlled House of Representatives, Democrats still face an uphill battle to get the measure through the Republican-controlled Senate and on to the White House.

Senate Republican Leader Mitch McConnell said Tuesday the bill would be “dead on arrival” in the Senate, and McConnell was unlikely to even consent to bring the bill to the floor for a debate and vote. Separately, aides to the president strongly urged him to veto the measure should it ever reach his desk for a signature.

Republicans have defended the nation’s largest internet service providers and policies which have largely deregulated their business practices and rates, claiming it has stimulated investment and expansion by ISPs willing to spend money in a favorable business climate. Critics contend spending policies at the nation’s largest providers are based on business priorities, not government policy on internet openness.

Pai

Minutes after the House vote ended, Pai attacked the results: “This legislation is a big-government solution in search of a problem. The internet is free and open, while faster broadband is being deployed across America. This bill should not and will not become law.”

Under the current rules, ISPs are allowed to block, throttle, or charge extra for content accessed over their broadband pipes, as long as a company informs its customers it is doing so. Democrats like Mike Doyle of Pennsylvania, one of the chief proponents for net neutrality restoration, compared the FCC’s repeal with firing a police force in a high crime area.

“Today, nobody is enforcing any rules. There’s no cop on the beat,” Doyle said. “You need a cop on the beat. These rules wouldn’t have been put into place if there was never this kind of behavior on the part of ISPs. We didn’t just dream all this up.”

Rep. Doyle

Three years into the Trump Administration, Doyle complains, the FCC has still done little to protect consumers from abusive ISPs.

“They’ve done nothing, nada, zip, crickets. They did nothing,” Doyle said. “It’s the wild, wild west. Let the ISPs do anything they want and consumers be damned.”

Republican FCC Commissioner Brendan Carr disagrees.

“The U.S. has turned the page on the failed broadband policies of the Obama Administration,” Carr said in a statement criticizing the net neutrality measure as threatening to turn back the clock on the telecom industry’s progress.

Many Republicans claimed they supported measures that would prohibit ISPs from interfering with content, but were opposed to Democrats tying regulatory authority to redefining ISPs as telecommunications providers. Republicans claim that could lead to a government power grab by officials seeking rate controls and service quality regulations. Some Republicans also claim the measure would expose the internet to new taxes.

Democrats are now lobbying to get Senate Leader McConnell to schedule a Senate vote for the measure.

The House just voted to restore #NetNeutrality! Now the ball is in @SenateMajLdr’s hands. @SenateGOP: stop doing the bidding of massive broadband corporations, listen to the American people, and bring the Save The Internet Act to the floor for a vote. #SaveTheNet

— Ed Markey (@SenMarkey) April 10, 2019

House Speaker Nancy Pelosi, with fellow Senate Democrats and FCC Commissioner Jessica Rosenworcel (upper left corner), speaks at the announcement of a new bill that would codify net neutrality as federal law.

Democrats in Congress this morning unveiled a new bill that would effectively reinstate the 2015 Open Internet rules repealed under the Trump Administration’s Republican-dominated Federal Communications Commission.

The new bill, “Save the Internet Act of 2019,” was hailed by House Speaker Nancy Pelosi (D-Calif.) as a “pillar of economic opportunity” for the digital 21st century information economy and a bill that will stop internet service providers from raising broadband prices even higher.

“A full 86% of Americans oppose the Trump assault on net neutrality including 82% of Republicans,” Pelosi said at an announcement ceremony held in Washington this morning. “With the Save the Internet Act, Democrats are honoring the will of the people and restore the protections that do this — stop unjust discriminatory practices by ISPs that try to throttle the public’s browsing speed, block your internet access, and increase your costs. This is about freedom, this is about cost.”

FCC Chairman Ajit Pai announced his intention to repeal net neutrality in 2017, and despite tens of millions of letters protesting that decision, Pai began rolling back net neutrality rules last year.

The three-page bill was co-sponsored by 46 Democrats in the U.S. Senate. It codifies the language from the FCC’s 2015 Open Internet rules as a standalone federal law, no longer subject to reinterpretation or dismissal by the FCC. A companion bill is expected to be introduced in the House on Friday.

Senate Minority Leader Chuck Schumer (D-N.Y.) implored Senate Republicans to get on board with Democrats to support the re-establishment of a level playing field on the internet, criticizing their lack of support during last year’s effort to resurrect net neutrality.

“Unfortunately, all but three Senate Republicans voted on behalf of the special interests,” Schumer said, noting the measure still passed the Senate in 2018 but ultimately was shelved by the then-Republican controlled House. “So now we have a Democratic House, and Republicans will have a second chance — there are second chances — to right the Trump Administration’s wrong.”

Here’s the Save The Internet Act of 2019 that nearly every Senate Democrat joined me in introducing today. 3 pages that will restore #NetNeutrality. Let’s pass it and make the internet free and open again. #SaveTheNet pic.twitter.com/BCYtcmcMe3

— Ed Markey (@SenMarkey) March 6, 2019

Net neutrality has faced multiple legal challenges and intense lobbying by the telecommunications industry, especially by large cable and phone companies that generally oppose the concept, claiming it would impede management of their networks and block the creation of new innovative services that could deliver extra bandwidth on demand. Telecom companies also complain content providers like Netflix unfairly utilize their networks without fair compensation.

House Speaker Nancy Pelosi and her fellow Senate Democrats introduce the Save the Internet Act of 2019, a bill re-establishing net neutrality as federal law. (31:35)

Santa Broadband: Ajit Pai’s magical world of broadband

God bless deregulation and your local phone and cable companies for making American Broadband Great Again.

That’s the message FCC Chairman Ajit Pai hopes will be the take away in the forthcoming 2019 Broadband Deployment Report — a highly dubious and over optimistic assessment of America’s rural broadband landscape.

“For the past two years, closing the digital divide has been the FCC’s top priority,” Chairman Pai said. “We’ve been tackling this problem by removing barriers to infrastructure investment, promoting competition, and providing efficient, effective support for rural broadband expansion through our Connect America Fund. This report shows that our approach is working. But we won’t rest until all Americans can have access to broadband and the 21st century opportunities it provides to communities everywhere.”

Except closing the rural-urban broadband gap has been a FCC priority for more than two years, and was a particularly high priority for the previous administration, which devoted a large amount of controversial stimulus funding after the Great Recession to internet expansion during the Obama Administration. In fact, Chairman Pai repeatedly claimed credit for broadband expansion projects that were funded by the previous administration, while at the same time criticizing the FCC under former Chairman Thomas Wheeler for harming investment in broadband with the enforcement of net neutrality.

The FCC continues to rely on dubious and flawed data to produce its reports — unverified data typically volunteered by the country’s phone and cable companies. The FCC has been frequently criticized for relying on inaccurate broadband availability maps, taking providers at their word on broadband speeds that fail to materialize in the real world, and reporting expansion projects that do not directly benefit consumers.

Pai’s office this week released a press release attempting to conflate broadband gains to his deregulatory policies and the banishment of net neutrality.

“The private sector has responded to FCC reforms by deploying fiber to 5.9 million new homes in 2018, the largest number ever recorded. And overall, capital expenditures by broadband providers increased in 2017, reversing declines that occurred in both 2015 and 2016.”

But Pai does not offer any evidence to back up those claims. In fact, as Stop the Cap! has reported, many of the country’s largest telecom companies have been cutting capital expenditures, many initiated as part of system upgrades to convert to digital cable television or to increase the amount of fiber optics to increase cable system reliability — neither relevant to the debate about net neutrality. This year, Charter Communications has announced a dramatic drop in spending (despite the repeal of net neutrality) because their long-planned system upgrades surrounding the retirement of analog cable television are now complete. Charter also had its merger agreement with Time Warner Cable revoked in New York for failing to meet its rural broadband commitments in that state.

Comcast cut spending by 3% because it bought fewer set-top TV boxes in light of cord-cutting customer losses. Verizon, which has been aggressively promoting its forthcoming 5G millimeter wave wireless network, slashed spending from $17.2 billion in 2017 to between $16.6-17 billion last year, and a significant sum of that money was earmarked for 5G buildouts in urban areas, not expanding rural internet. AT&T’s capital expenditures for 2019 are not expected to move much, placed in the $23 billion range for 2019, just a little more than last year. But AT&T is expecting to be reimbursed $1.6 billion by the federal government for AT&T’s FirstNet public safety network buildout, and much of its other spending is targeting its wireless business, including a plan to launch 5G services in 19 cities this year. That means less money for AT&T’s wireline network, including fiber broadband for homes and businesses.

Pai’s claims about the increased availability of broadband, at higher speeds, comes largely at similar incremental rates to progress under the Obama Administration. In New York, which is seeking to approach near universal broadband coverage, what moved the needle the most was a large sum of funding available to subsidize rural broadband expansion. The availability of substantial financial assistance from the state government, which some described as corporate welfare, appeared to be the most effective broadband expansion motivator for an industry Pai praised in his press release, not deregulation or the repeal of net neutrality.

Spending less, charging more in 2019.

Despite repeated claims from some in Washington that eliminating net neutrality would stimulate U.S. telecommunications companies to invest more in their networks, Charter Communications has announced a dramatic $1.9 billion cut in capital expenditures (CapEx) spending on its Spectrum cable systems for 2019.

Charter posted 2018 revenue of $43.6 billion (up 4.9 percent over 2017), with especially healthy returns for its internet service, which grew 7.1%. Charter earned $11.2 billion in revenue, up 5.9% in the fourth quarter of 2018 alone, partly from rate increases, reduced costs, and additional broadband customers.

Republican FCC commissioners have repeatedly argued that deregulating the internet by sweeping away net neutrality would stimulate companies to invest more in their networks. But it now appears the reverse is true. In 2017, Charter spent $8.7 billion on network investments; in 2018 the company spent $9.1 billion. But this year, with net neutrality no longer the law of the land, the cable company is planning to dramatically cut investments in 2019 to just $7 billion. The combined company, which now includes Time Warner Cable (TWC) and Bright House Networks (BH), has never spent this little on capital expenditures. The 2016 merger between Charter and TWC and BH forced a 189.4% spike in spending after the deal was completed, as Charter began a cable system overhaul and upgrade.

Charter is expecting it can distribute more of its revenue to shareholders, share buybacks, and debt payments as a result of the completion of its all-digital conversion project, which eliminated analog television signals from cable systems to make more room for revenue-enhancing internet service. The company also gets to lease more set-top boxes to customers seeking to view digital television signals on older analog TV sets.

Charter also reports it has successfully completed its DOCSIS 3.1 internet upgrade to more than 99% of its cable systems, allowing the introduction of premium-priced gigabit internet speed.

Charter executives signaled investors earlier this month Charter expects to post greater revenue and profits as a result of the spending reductions, but these new-found gains will have no effect on the company’s ongoing plans to continue mildly aggressive rate increases in 2019.

Charter has not disclosed how much it plans to spend on its new mobile business in 2019. The company is marketing its mobile phone service more aggressively this year as it prepares to accept customers bringing existing phones to its cellular service, powered by Charter’s in-home and in-business Wi-Fi and Verizon Wireless’ 4G LTE network.