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Stop the Cap!’s Net Neutrality Comments to FCC

July 17, 2017

Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Washington, DC 20554

Dear Ms. Dortch,

Stop the Cap! is writing to express our opposition to any modification now under consideration of the 2015 Open Internet Order.

Since 2008, our all-volunteer consumer organization has been fighting against data caps, usage-based billing and for Net Neutrality and better broadband service for consumers and businesses in urban and rural areas across the country.

Providing internet access has become a bigger success story for the providers that earn billions selling the service than it has been for many consumers enduring substandard service at skyrocketing prices.

It is unfortunate that while some have praised Clinton era deregulatory principles governing broadband, they may have forgotten those policies were also supposed to promote true broadband competition, something sorely lacking for many consumers.

As a recent Deloitte study[1] revealed, “only 38 percent of homes have a choice of two providers offering speeds of at least 25Mbps. In rural communities, only 61 percent of people have access to 25Mbps wireline broadband, and when they do, they can pay as much as a 3x premium over suburban customers.”

In upstate New York, most residents have just one significant provider capable of meeting the FCC’s 25Mbps broadband standard – Charter Communications. In the absence of competition, many customers are complaining their cable bills are rising.[2]

Now providers are lobbying to weaken, repeal, or effectively undermine the 2015 Open Internet Order, and we oppose that.

We have heard criticisms that the 2015 Order’s reliance on Title II means it is automatically outdated because it depends on enforcement powers developed in the 1930s for telephone service. Notwithstanding the fact many principles of modern law are based on an even older document – the Bill of Rights, the courts have already informed the FCC that the alternative mechanisms of enforcement authority that some seem motivated to return to are inadequate.

In a 2-1 decision in 2014, the U.S. Court of Appeals for the D.C. circuit ruled:

“Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such. Because the Commission has failed to establish that the anti-discrimination and anti-blocking rules do not impose per se common carrier obligations, we vacate those portions of the Open Internet Order.”[3]

In fact, the only important element of the pre-2015 Open Internet rules that survived that court challenge was a disclosure requirement that insisted providers tell subscribers when their internet service is being throttled or selected websites are intentionally discriminated against.

Unfortunately, mandatory disclosure alone does not incent providers to cease those practices in large sections of the country where consumers have no suitable alternative providers to choose from.

Reclassifying broadband companies as telecommunications services did not and has not required the FCC to engage in rate regulation or other heavy-handed oversight. It did send a clear message to companies about what boundaries were appropriate, and we’ve avoided paid prioritization and other anti-consumer practices that were clearly under consideration at some of the nation’s top internet service providers.

In fact, the evidence the 2015 Open Internet Order is working can be found where providers are attempting to circumvent its objectives. One way still permitted to prioritize or favor selected traffic is zero rating it so use of preferred partner websites does not count against your data allowance.[4] Other providers intentionally throttle some video traffic, offering not to include that traffic in your data allowance or cap.[5] Still others are placing general data caps or allowances on their internet services, while exempting their own content from those caps.[6]

Our organization is especially sensitive to these issues because our members are already paying high internet bills with no evidence of any rate reductions for usage-capped internet service. In fact, many customers pay essentially the same price whether their provider caps their connection or not. It seems unlikely consumers will be the winners in any change of Open Internet policies. Claims that usage caps or paid prioritization policies benefit consumers with lower prices or better service are illusory. One thing is real: the impact of throttled or degraded video content which can be a major deterrent for consumers contemplating disconnecting cable television and relying on cheaper internet-delivered video instead.

Arguments that broadband investment has somehow been harmed as a result of the 2015 Order are suspect, if only because much of this research is done at the behest of the telecom industry who helped underwrite the expense of that research. Remarkably, similar claims have not been made by executives of the companies involved in their reports to investors. Those companies, mostly publicly-traded, have a legal obligation to report materially adverse events to their shareholders, yet there is no evidence the 2015 Order has created a significant or harmful drag on investment.

In a barely regulated broadband duopoly, where no new significant competition is likely to emerge in the next five years (and beyond), FCC oversight and enforcement is often the only thing protecting consumers from the abuses inherent in that non-competitive market. Preserving the existing Open Internet rules without modification is entirely appropriate and warranted, and has not created any significant burdens on providers that continue to make substantial profits selling broadband service to consumers.

Transferring authority to an overburdened Federal Trade Commission, not well versed on telecom issues and with a proven record of taking a substantial amount of time before issuing rulings on its cases, would be completely inappropriate and anti-consumer.

Therefore, Stop the Cap!, on behalf of our members, urges the FCC to retain the 2015 Open Internet Order as-is, leaving intact the Title II enforcement foundation.

Respectfully yours,

Phillip M. Dampier
Founder and Director

Footnotes:

[1] https://www2.deloitte.com/us/en/pages/consulting/articles/communications-infrastructure-upgrade-deep-fiber-imperative.html#1

[2] “Thousands of Time Warner Cable Video Customers Flee Spectrum’s Higher Prices.” (http://bit.ly/2tjHJ8f); “Lexington’s Anger at Spectrum Cable Keeps Rising. What Can We Do?” (http://www.kentucky.com/news/local/news-columns-blogs/tom-eblen/article160754069.html)

[3] http://www.cadc.uscourts.gov/internet/opinions.nsf/3AF8B4D938CDEEA685257C6000532062/$file/11-1355-1474943.pdf

[4] https://cdn3.vox-cdn.com/uploads/chorus_asset/file/7575775/Letter_to_R._Quinn_12.1.16.0.pdf

[5] https://www.t-mobile.com/offer/binge-on-streaming-video.html

[6] http://www.chicagotribune.com/bluesky/technology/ct-data-cap-policies-20151214-story.html

Updated: Arrest Made But Charges Dropped; Vandals Cut Charter’s Fiber Cables in Queens Again

A second fiber cut in two weeks left 30,000 Queens residents with no cable service for hours. (Image: CBS New York)

A second major cable outage in two weeks left 30,000 Queens customers of Charter Communications without phone, TV and internet service Tuesday, after vandals severed the company’s fiber optic cables.

A Long Island man was arrested Wednesday night at his Long Island home for allegedly causing the first outage, which wiped out service in the same area for almost 16 hours on June 26.

The NYPD issued a press release stating Michael Tolve (48) of Wantagh, N.Y. was charged with criminal mischief and is alleged to have cut fiber cables and removed a digital memory card from a nearby surveillance camera to avoid being detected. He was later identified from other surveillance camera footage.

Charter Communications claims Tolve is a member of the International Brotherhood of Electrical Workers Local Union 3, one of the unions that has been involved in a strike against Charter for several months. He worked as a fiber technician for both Charter Communications and its predecessor Time Warner Cable for 14 years. The cable company puts the damage estimate for the first cable cut in June at $67,000. Charter claims it has experienced 106 malicious cable cuts in its New York-area network since unionized cable technicians went on strike on March 28. The company has filed police reports on all of them.

“It’s disappointing that one of our employees would unlawfully sabotage the infrastructure we all work so hard to maintain and inconvenience our customers in this way,” Charter spokesman John Bonomo said in an email. “We intend to support the prosecution of these crimes to the fullest extent of the law, as they put our customers’ well-being in jeopardy, cause local businesses to suffer, and are a general inconvenience for all.”

Both fiber cuts strategically affected the largest possible number of customers with the least amount of effort. Charter officials said they detected the fiber cuts and dispatched repair crews immediately, but restoring service was “a gradual process” that took several hours.

Update (7/17): The Queens district attorney’s office has declined to press charges against Tolve, and all charges against him have been dropped pending an additional investigation.

 

FCC’s Ajit Pai Proposes Eliminating Net Neutrality Rules; Claims Government is ‘Controlling Internet’

Phillip Dampier April 27, 2017 Net Neutrality, Public Policy & Gov't, Reuters 5 Comments

FCC Chairman Ajit Pai announces his opposition to Net Neutrality at a FreedomWorks-sponsored event at the Newseum in Washington, D.C.

WASHINGTON (Reuters) – The head of the U.S. Federal Communications Commission on Wednesday proposed overturning the landmark 2015 Obama-era Net Neutrality rules that prohibit broadband providers from giving or selling access to certain internet services over others.

FCC Chairman Ajit Pai, named by President Donald Trump in January, said at a speech in Washington he wants to reverse rules that boosted government regulatory powers over internet service providers. Proponents who fought to get the rules passed said his proposal would set off a fierce political battle over the future of the internet regulation.

The rules, which the FCC put in place in 2015 under former President Barack Obama, prohibit broadband providers from giving or selling access to speedy internet, essentially a “fast lane,” to certain internet services over others.

The rules reclassified internet service providers much like utilities. They were favored by websites who said they would guarantee equal access to the internet to all but opposed by internet service providers, who said they could eventually result in rate regulation, inhibit innovation and make it harder to manage traffic. Pai said he believed the rules depressed investment by internet providers and cost jobs.

“Do we want the government to control the internet? Or do we want to embrace the light-touch approach” in place since 1996 until revised in 2015, he asked.

A federal appeals court upheld the rules last year. The Internet Association, a group representing Facebook Inc, Alphabet Inc, and others, said the rules were working and that reversing them “will result in a worse internet for consumers and less innovation online.”

Pai said his proposal will face an initial vote on May 18 but he would not seek to finalize a reversal of the Obama rules until the FCC takes public comment, which could take several months.

Republican FCC Commissioner Mike O’Rielly said the rules “took internet policy down into a dark and horrible abyss” and said the FCC will “expunge Net Neutrality regulations from the internet.”

Internet providers such as AT&T, Verizon Communications, and Comcast Corp have argued that the Net Neutrality rules have made investment in additional capacity less likely. Comcast chairman and chief executive Brian Roberts said Pai’s proposal “creates an environment where we can have a fresh constructive dialogue.”

Democratic Senator Edward Markey predicted Pai’s plan to overturn the rules would face a “tsunami of resistance.”

Democrats and advocates of the rules called for a massive public outcry to preserve them. In 2014, comedian John Oliver in his HBO show owned by Time Warner Inc., helped galvanize support for Net Neutrality.

“I am confident that the millions of Americans who weighed in with the FCC in support of the open internet order will once again make their voices heard to demonstrate how wrongheaded this approach is,” said Senate Democrat Leader Charles Schumer.

Republicans said Democrats should work with them to pass a legislative fix to set internet rules. Senate Republican Leader Mitch McConnell praised Pai for working to reverse “the Obama Administration’s eight-year regulatory assault on all aspects of our economy.”

(Reporting by David Shepardson; Editing by Tom Brown, Diane Craft and David Gregorio)

Altice Speeds Up Cablevision While Suddenlink Stays Capped

atice-cablevisionAltice USA today unveiled faster broadband service for Cablevision customers in the Tri-State Area of New York, New Jersey, and Connecticut. You can now subscribe to faster service plans topping out at 300Mbps for residential customers and 350Mbps for commercial accounts.

Altice was required to boost internet speeds in New York State as part of winning approval for the buyout of Cablevision from the state’s Department of Public Service (formerly the Public Service Commission). But customers in New Jersey and Connecticut will also benefit.

New Internet Services
(bundling TV and phone service can reduce these prices and customers may need to call 1-888-298-9771 to change service if grandfathered on older plans):

Optimum Online (25/5Mbps) $59.95
Additional Modem(s) $49.95 each
Optimum 60 add $4.95
Optimum 100 add $10.00
Optimum 200 add $20.00
Optimum 300 add $55.00

Prior to the upgrade, the fastest speed most customers could get from Cablevision was 101Mbps. Based on pricing, the best value for money is the 200Mbps plan if you are looking for faster service. A $55 charge monthly charge for 300Mbps is $35 more than the logical rate step between lower speed tiers. Standalone customers would effectively pay $114.95 a month for 300Mbps vs. $79.95 for 200Mbps.

Altice has achieved the internet speed requirement imposed by New York regulators more than a year ahead of schedule. The same cannot be said for Charter Communications, which has canceled Time Warner Cable Maxx upgrades that were already underway in former Time Warner service areas. Customers may have to wait until 2019 in New York (later elsewhere) for Charter to upgrade all of its service areas to support 300Mbps. Altice’s other owned-and-operated cable operator – Suddenlink Communications, is also still laboring to boost broadband speeds and has left usage caps and usage billing in place for its customers in mostly smaller cities across the United States.

AT&T to Urban Poor: No Discounted Internet Access if We Already Deliver Lousy Service

access att logoAT&T is adding insult to injury by telling tens of thousands of eligible urban households they do not qualify for the company’s new low-cost internet access program because the company cannot deliver at least 3Mbps DSL in their service-neglected neighborhood.

In one of the worst cases of redlining we have ever seen, AT&T is doubling down on making sure urban neighborhoods cannot get online with affordable internet access, first by refusing to upgrade large sections of income-challenged neighborhoods and then by refusing requests from those seeking the low-cost internet service the government required AT&T to provide as a condition of its merger with DirecTV.

The National Digital Inclusion Alliance reports their affiliates have run into serious problems helping AT&T customers sign up for Access from AT&T, the company’s new discounted internet access program open to users of the Federal Supplemental Nutrition Assistance Program (SNAP) — the modern-day equivalent of food stamps. Participants are supposed to receive 3Mbps DSL for $5 a month or 5-10Mbps for $10 a month (speed dependent on line quality).

“As some NDIA affiliates in AT&T’s service area geared up to help SNAP participants apply for Access in May and June, they found that a significant number were being told the program was unavailable at their addresses,” NDIA reported. “Some of those households had recent histories of AT&T internet service or had next door neighbors with current accounts. So, why were they being told AT&T did not serve their addresses?”

It turns out AT&T established an arbitrary threshold that requires participating households to receive a minimum of 3Mbps at their current address. But AT&T’s urban neighborhood infrastructure is so poor, a significant percentage of customers cannot receive DSL service faster than 1.5Mbps from AT&T. In fact, data from the FCC showed about 21% of Census blocks in the cities of Detroit and Cleveland — mostly in inner-city, income-challenged neighborhoods — still cannot manage better than 1.5Mbps DSL.

Remarkably, although these residents cannot qualify for discounted internet service, AT&T will still sell them 1.5Mbps DSL service… for full price. AT&T even admits this on their website:

access att

“If none of the above speeds are technically available at your address, unfortunately you won’t be able to participate in the Access program from AT&T at this time. However, other AT&T internet services may be available at your address.”

“About two months ago, NDIA contacted senior management at AT&T and proposed a change in the program to allow SNAP participants living at addresses with 1.5 Mbps to qualify for Access service at $5/mo,” NDIA wrote. “Yes, we know we were asking for the minimum speed to be lower than it should be, but paying $5/mo is better than paying full price and in many neighborhoods, both urban and rural, Access is the only low-cost broadband service option. I’m sorry to report that, after considering NDIA’s proposal for over a month, AT&T said no.”

“AT&T is not prepared to expand the low-income offer to additional speed tiers beyond those established as a condition of the merger approval,” is the official response of AT&T, leaving tens of thousands of AT&T customers unlucky enough to be victims of AT&T’s network neglect and underinvestment out in the cold.

Slowsville: These Cleveland neighborhoods marked in red cannot get anything faster than 1.5MBps DSL from AT&T.

Slowsville: These Cleveland neighborhoods marked in red cannot get anything faster than 1.5MBps DSL from AT&T.

Internet access is not just a problem in rural America. Urban neighborhoods are frequently bypassed for network upgrades because there is a sense residents cannot afford to pay for the deluxe services those upgraded networks might offer. Similar issues affected city residents that waited years for cable television to finally arrive in their neighborhoods. Some providers evidently felt they would not get a good return on their investment. Yet data consistently shows cash-strapped urban residents are among the most loyal subscribers to cable television, because it is less costly than many other forms of entertainment. This year, urban content viewers were among the most loyal cable TV subscribers, even millennials notorious for cord-cutting.

Regulators should review AT&T’s compliance with its DirecTV merger conditions. Access from AT&T should be available to every qualified home, particularly those AT&T will happily furnish with appallingly slow 1.5Mbps DSL, if customers agree to AT&T’s regular prices.

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  • mike: I guess they mean like the upgrades Time Warner was in the middle of when the sale went through and Charter then dropped the ax on....
  • Taylor Langdon: I was told on the phone $69.99 was the lowest they'd go. I used online chat after that and got $64.99....
  • Paul Houle: EJ, all too often, "technology agnostic" seems to be a codeword for the same DSL and fixed wireless technologies that have (in the case of DSL...
  • EJ: Kevin S that is not a fair judgement to make. You just have to put requirements on the 25mbps which should be on all providers anyways. Simple require...
  • Kevin S: You (Bloomburg) had me in your corner in 100% support of your views and findings right up until the end...when you stated: "Bloomberg supports the FC...
  • Shaun: The same thing happened when Verizon happened, when Bell took over GTE.. GTE, was more like time warner, and was a decent company.. Bell.. another cha...
  • Shaun: Their own pricing plans proves this to be a lie. You know that the company is not going to give you "any" plan where they are going to "loose" money.....
  • L Nova: I really wish that these companies told wall street to f**k off and do what they feel is right to retain customers. Self-aggrandizing douchenozzles su...
  • Jim Jackson: Yeah when you introduce $65 billion in debt overnight that money has to come from somewhere. There is so little synergies in a cable company merger t...
  • Ronald: How long until those customers realize they get most of the good stuff with just the antenna, and decide they don't need Dish anymore?...
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  • FredH: Charters/Spectrum's executive team is so full of crap it isn't funny. Time Warner Cable was a blessing compared to Spectrum. I for one wish this mer...

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