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Net Neutrality End Run: AT&T Exempts Its Own DirecTV Content from Its Mobile Data Caps

directvAT&T Mobility customers can now stream AT&T-owned DirecTV video on their mobile devices without fear of hitting their data allowance, because AT&T has exempted its own content from mobile data caps.

AT&T customers using the DirecTV iPhone app discovered the sudden exemption in an update released today, according to a report in Ars Technica:

“Now you can stream DirecTV on your devices, anywhere—without using your data. Now with AT&T,” the app’s update notes say under the heading “Data Free TV.” This feature requires subscriptions to DirecTV and AT&T wireless data services.

It sounds like the data cap exemption may not apply to all data downloaded by the app, as the update notes further say that “Exclusions apply & may incur data usage.” The service is also “Subject to network management, including speed reduction.” We’ve asked AT&T for more information and will provide an update if we receive one.

Customers can also use the app to download shows recorded on their home DVR straight to their mobile device(s) for viewing. Updates to the DirecTV apps for Android and iPad devices introducing similar exemptions are still pending as of this morning.

A description of "what's new" in the DirecTV app released this morning in the iTunes app store.

A description of “what’s new” in the DirecTV app released this morning in the iTunes app store.

AT&T is engaging in a practice known as “zero rating,” which exempts certain provider-preferred or owned content from that provider’s own data caps or allowances. Critics call zero rating an end run around Net Neutrality because users are more likely to use services that don’t count against their data allowance over those that do. The FCC’s definition of Net Neutrality prohibits providers from artificially enhancing the performance of certain websites at the expense of others, but says nothing about data caps or zero rating.

Chima

Chima

“All forms of zero rating amount to price discrimination, and have in common their negative impact on users’ rights,” said Raman Jit Singh Chima, policy director of Access, a group fighting for global preservation of Net Neutrality. “Zero rating is all about control. Specifically, control over the user experience by the telecom carrier — and potentially its business partners. We can see this is true when we look at how zero rating is implemented technically. Technologically, it is about manipulation of the network, where you guide or force the user to change the way they would otherwise use it.”

The FCC seemed to agree with Chima, specifically banning AT&T from exempting its own streaming video services and those of DirecTV from AT&T’s data caps in the agreement allowing AT&T to acquire DirecTV. But the FCC only mentioned AT&T’s caps on its DSL and U-verse home broadband services, not AT&T Mobility. AT&T took full advantage of the apparent loophole for its mobile customers.

AT&T has previously stated it does not discriminate against online content and is happy to exempt other video services from its data allowances and caps if those companies pay AT&T for the privilege.

The benefit of zero rating is obvious for AT&T. The company can now market its cell phone services to DirecTV customers with a significant advantage over competitors — free access to DirecTV video not available from Verizon, Sprint, or T-Mobile. It can also strengthen its earlier promotion offering unlimited DSL/U-verse service to those who bundle either product with a DirecTV subscription, by pitching zero rating for customers on the go.

AT&T’s competitors T-Mobile and Verizon also engage in zero rating on their mobile service plans.

AT&T’s Cash Storm for House Speaker Paul Ryan’s 2017 Telecom Deregulation Agenda

Phillip Dampier August 18, 2016 Issues 3 Comments

fat cat attAT&T has gone over the top donating at least $70,000 to back Republican House Speaker Paul Ryan, more than the company has ever donated to anyone else.

It isn’t by coincidence.

According to Communications Daily (subscription req’d), one of Ryan’s top priorities for 2017 is a possible complete rewrite of the Telecommunications Act — the nation’s most important federal law governing telecommunications regulation and the operations of the Federal Communications Commission. Ryan and many of his fellow Republicans have been critical of the FCC’s growing interest in consumer protection and industry oversight.

Ryan’s efforts to push for further deregulation and policies that could lead to further industry consolidation could generate a windfall in the billions for AT&T. Past revisions of the Act have radically transformed the telecom landscape in the United States. President Bill Clinton’s signature on the 1996 Telecommunications Act opened the door to a tsunami of cross-media ownership and radio/TV station consolidation. Provisions in the ’96 Act were promoted as bolstering competition, but critics argued consolidation was favored over competition.

Howard Zinn summarized the effects of the ’96 law in his book A People’s History of the United States: “[it] enabled the handful of corporations dominating the airwaves to expand their power further. Mergers enabled tighter control of information.” Adding to the criticism, Latin American writer Eduardo Galeano echoed: “Never have so many been held incommunicado by so few.”

In 2000 Consumers Union blasted the ’96 Act as legislative bait and switch.

Ryan

Ryan

“It is evident that the Telecommunications Act of 1996 has failed to produce the consumer benefits policy makers promised because competition has failed to take hold across the communications industry,” the group said. “The fundamental problem is that the huge companies that dominate the telephone and cable TV industries prefer mergers and acquisitions to competition.”

AT&T is reportedly interested in access to lawmakers to lobby for telecom reforms that will allow it to switch off its legacy copper wire phone network in rural America, force certain consumers to wireless-only landline service, get rid of Net Neutrality, allow more wireless industry consolidation, ban municipal broadband, have a louder voice on privacy and cybersecurity regulation, access to wireless spectrum, and preferably a de-fanged FCC.

Public Citizen government affairs lobbyist Craig Holman told Communications Daily AT&T’s contributions are a “fundamental way of gaining access and influence to policymakers,” as part of Washington’s “pay-to-play system.”

The only entity giving Ryan more money than AT&T was the deregulation-obsessed Koch Industries, which gave $75,000.

Ryan’s current chief of staff is a close friend to Big Telecom. David Hoppe lobbied for AT&T, USTelecom and Verizon before being hired by Ryan. Hoppe’s influence appears to be significant after Ryan introduced “A Better Way,” the GOP’s platform for what they will do if they keep control of Congress and win the White House. The plan makes it clear there is unhappiness with the FCC under the leadership of chairman Thomas Wheeler, opposition to Title II reclassification of broadband — a change that opened the door to enforcing Net Neutrality, and a belief the FCC lacks transparency and is living in the regulatory past.

Holman worries that lobbyist spending in Washington, already a problem, has become insane after Citizens United eliminated limits on campaign contributions.

“The lids have been blown off… it’s breathtaking,” Holman told the newsletter.

Unlimited Data is Back (With Fine Print): T-Mobile/Sprint Push Unlimited Data Plans for All

Tmo1LogoSeveral years after wireless unlimited data plans became grandfathered or riddled by speed throttling, America’s third and fourth largest carriers have decided the marketplace wants “unlimited everything” after all and is prepared to give customers what they want, at least until they read the fine print.

T-Mobile Announces “The Era of the Data Plan is Over”: T-Mobile ONE

T-Mobile CEO John Legere used a video blog to announce a major shakeup of T-Mobile’s wireless plans this morning, centered on the concept of “unlimited everything.”

“The era of the data plan is over,” said Legere. T-Mobile’s new plan — T-Mobile ONE — does away with usage caps and usage-based billing and offers unlimited calls, texting, and data on the company’s 4G LTE network. The plan becomes available Sept. 6 at T-Mobile stores nationwide and t-mobile.com for postpaid customers. Prepaid plans will be available later.

tmoone

“Only T-Mobile’s network can handle something as huge as destroying data limits,” said Legere. “Dumb and Dumber can’t do this. They’ve been running away from unlimited data for years now, because they built their networks for phone calls, not for how people use smartphones today. I hope AT&T and Verizon try to follow us. In fact, I challenge them to try.”

Legere

Legere

T-Mobile claims the savings with its unlimited plan are enormous compared to its bigger competitors AT&T and Verizon Wireless.

Verizon’s largest LTE usage-capped data plan would cost a family of four $530/month. That’s $4,440 more than T-Mobile ONE will charge.

T-Mobile ONE costs $70 a month for the first line, $50 a month for the second, and additional lines are $20 a month, up to 8 lines with auto pay (add $5 per line if you don’t want autopay). Customers can add tablets for an extra $20 a month.

T-Mobile does offer some caveats in the fine print which are relevant to customers:

  • All video streaming on this plan is throttled to support a maximum of 480p picture quality. Higher video quality is available with an HD add-on plan for $25/mo per line;
  • Tethering is included with T-Mobile ONE, but it is painfully speed-limited to 2G speeds — around 70kbps, just a tad faster than dial-up. At that speed, a web page that will take less than five seconds to load on a 4G network will take 17-25 seconds. A 60 second YouTube video will take nearly five minutes to watch, and downloading apps or sharing images is often impossible because of timeouts. If you want 4G tethering, that will be $15 a month for 5GB, please;
  • Customers identified as among the top 3% of data users, typically those who use more than 26GB of 4G LTE data a month will find themselves in the same data doghouse T-Mobile’s Simple Choice customers are in. That means during peak usage periods on busy cell towers, heavier users are deprioritized on T-Mobile’s network, but we’re not sure if that results in slight speed reductions or the kind of drastic 2G-like experience these kinds of “fair usage” policies often deliver.

Our analysis:

bingeonWhile we’re happy to see unlimited data plans return to prominence, T-Mobile is continuing to punish high bandwidth applications, tethering, and usage outliers with frustrating speed throttles.

T-Mobile’s biggest source of increasing traffic is coming from online video. About a year ago, Legere introduced T-Mobile’s Binge On program, which offers streaming video from T-Mobile’s partners without it counting against your usage allowance. This program had the potential of causing problems with the Federal Communications Commission’s Net Neutrality rules.

Legere seemed to avoid trouble by revealing enough information about Binge On to make it clear why the program exists — to reduce video traffic’s impact on T-Mobile’s network. That might seem counterintuitive until one looks at what it takes to be a Binge On partner — allowing T-Mobile’s Binge On-related traffic to be “optimized” to Standard Definition video (around 480p). No money changes hands between T-Mobile and its Binge On partners.

T-Mobile makes it easy to be a BingeOn participant.

T-Mobile makes it easy to be a Binge On participant.

Binge On was an important factor in freeing up bandwidth on T-Mobile’s network. Some analysts suggest two-thirds of T-Mobile’s video traffic load disappeared after Binge On was introduced. Video is likely the single biggest bandwidth consuming application on wireless networks today. If a customer is watching on a smartphone or even a small tablet, 480p video is generally adequate and has a lower chance of stopping to buffer.

slowAnother clue about the impact of online video on T-Mobile’s network is the same video throttling strategy is built into T-Mobile ONE and applies to all online video, whether the provider partners with T-Mobile or not. Also consider the extraordinary cost of the optional HD Video add-on, which defeats video throttling: a whopping $25 per month per device. That kind of pricing clearly suggests 1080p or even 4K video is a major resource hog for T-Mobile, and customers looking for this level of video quality are going to pay substantially to get it.

T-Mobile is also clearly concerned about tethering, relegating hotspot and tethered device traffic to 2G speeds, which will quickly deter anyone from depending on it except in emergencies. Again, traffic is the issue. Some semi-rural customers unserved by cable but able to get a 4G signal from a T-Mobile tower may think of using T-Mobile as their exclusive source of internet access. At speeds just above dial-up, they won’t consider this an option.

We’re also disappointed to see 26GB of usage a month as the threshold for potential speed throttling. T-Mobile ONE is not cheap, and without more detailed information about how often those exceeding 26GB face speed slowdowns, how much of a slowdown, and how quickly those speed reductions disappear when the tower gets less congested would be very useful. Until then, customers are likely to interpret 26GB as a type of soft usage allowance they will not want to exceed.

T-Mobile ONE also delivers a powerful signal to Wall Street because it raises the lowest price a T-Mobile postpaid customer can pay to become a customer from $50 to $70 a month for a single line. That’s quite a burden for some customers who will have to look to prepaid plans or resellers to get cheaper service. Other carriers rushed to meet T-Mobile’s $50 2GB plan when it was introduced, which has served as an entry-level price range for occasional data dabblers. If those carriers don’t immediately raise prices as well, they will undercut T-Mobile. That could provoke an increase in cancellations among customers buying on price, not plan features. T-Mobile is banking consumers will appreciate unlimited data enough to pay extra for peace of mind.

Jackdaw Research found customers enrolled in 2GB and 6GB T-Mobile plans, T-Mobile ONE represents a price increase. Those signed up for 10GB or unlimited service will pay the same or slightly less with T-Mobile ONE.

Jackdaw Research found customers enrolled in 2GB and 6GB T-Mobile plans will see a price increase with T-Mobile ONE. Those signed up for 10GB or unlimited service will pay the same or slightly less.

sprintlogoSprint: Unlimited Freedom: Two Lines of Unlimited Talk, Text, and Data for $100/month

Not to be outdone by T-Mobile, Sprint CEO Marcelo Claure today announced his own company’s overhaul of wireless plans, featuring the all-new Sprint Unlimited Freedom plan, which offers two lines of unlimited talk, text and data for $100 a month, with no access charges or hidden fees.

Starting Friday, Aug. 19, Sprint customers can sign up for the new plan, which costs $60 for the first line, $100 for two lines, and $30 for each additional line, up to 10. Sprint pounced on the fact its Unlimited Freedom plan for two is $20 less than T-Mobile charges.

Otherwise the two plans are remarkably similar — too similar for the CEOs of both companies that spent part of today engaged in a Twitter war.

T-Mobile CEO John Legere and Sprint CEO Marcelo Claure traded tweet barbs this morning.

T-Mobile CEO John Legere and Sprint CEO Marcelo Claure traded tweet barbs this morning.

“Sprint’s new Unlimited Freedom beats T-Mobile and AT&T’s unlimited offer – only available to its DirecTV subscribers – while Verizon doesn’t even offer its customers an unlimited plan,” read Sprint’s press release.

unlimited freedom“Wireless customers want simple, worry-free and affordable wireless plans on a reliable network,” said Marcelo Claure, Sprint president and CEO. “There can be a lot of frustration and confusion around wireless offers, with too much focus on gigabytes and extra charges. Our answer is the simplicity of Unlimited Freedom. Now customers can watch their favorite movies and videos and stream an unlimited playlist at an amazing price.”

Sprint has also essentially joined the T-Mobile optimization bandwagon, limiting streaming video to 480p, but it goes further with optimization of games — limited to 2Mbps, and music — limited to 500kbps. There does not seem to be any option to pay more to avoid the “optimization” and Sprint is not offering a tethering option with this plan.

“While we initially questioned using mobile optimization for video, gaming and music, the decision was simpler when consumers said it ‘practically indistinguishable’ in our tests with actual consumers,” said Claure. “In fact, most individuals we showed could not see any difference between optimized and premium-resolution streaming videos when viewing on mobile phone screens. Both provide the mobile customer clear, vibrant videos and high-quality audio. Mobile optimization allows us to provide a great customer experience in a highly affordable unlimited package while increasing network efficiency.”

sprint

boostAlso, beginning Friday, Aug. 19, Sprint’s leading prepaid brand, Boost Mobile introduces its own unlimited offer, Unlimited Unhook’d:

  • Unlimited talk, text and optimized streaming videos, gaming and music
  • Unlimited nationwide 4G LTE data for most everything else
  • $50 a month for one line
  • $30 a month for a second line up to five total lines

In addition to the Unlimited Unhook’d plan, Boost Mobile will also unveil the $30 Unlimited Starter plan, which includes unlimited talk, text and slower network data (2G or 3G) with 1GB of 4G LTE data. Customers looking for more high-speed data can add 1 GB of 4G LTE data for $5 per month or 2 GB of 4G LTE data for $10 per month. Multi-line plans are also available for families looking to save some money for an additional $30 a month per line.

“There’s a lot of confusion and clutter in prepaid, but is doesn’t have to be that way. Boost Mobile is offering the simplest solution with plans that are easy to understand,” said Claure. “Boost has something for everyone, whether you need a truly unlimited plan with 4G LTE data or want to save extra money with a low-cost plan.”

Verizon Ponders Installing Partners’ Bloatware on Your Android Phone for $1-2/App

Uninvited apps that cannot be removed infest smartphones.

Uninvited apps that cannot be removed infest smartphones.

Verizon Wireless keeps looking for those end runs around Net Neutrality, this time offering its preferred partners a chance to force-install their apps on your new Android phone without your permission.

Most consumers call these unwanted apps “bloatware,” but the geniuses from Verizon’s marketing department prefer to call it “brandware.” Whatever it’s called, each app successfully installed on your next Android phone will net the wireless giant $1-2, according to Ad Age.

Verizon has pitched the program to ad agencies and their major retail and financial clients rich enough to not worry about spending $1-2 million on app installations. Verizon’s app program is more dynamic than traditional pre-loaded bloatware that customers cannot uninstall. Through the use of Google’s remote install feature, a client could pay Verizon to trigger an automatic download and installation of a banking or shopping app the moment a customer turned on their new phone. The customer would likely assume such apps came with the phone, just like traditional pre-installed bloatware. But unlike the myriad of uninvited game trials, shopping and media apps that customers can’t get rid of, Verizon’s program would let customers uninstall the apps they never wanted installed on their phone to begin with.

Apple iPhone users have nothing to fear from Verizon’s “brandware” because the Apple ecosystem is more tightly controlled by Apple.

Ad Age notes the app program would only send apps to new smartphones being activated for the first time. That isn’t a small market. Verizon activates about 10 million new phones each quarter out of 75 million postpaid customers.

The program raised eyebrows among advertisers and consumer activists worried about Net Neutrality. A deep pocketed app maker would have an instant advantage pre-installing a new game or social networking app on millions of phones while smaller competitors would have to attempt to build scale through word-of-mouth, reviews, or other marketing efforts. Verizon would effectively be giving its preferred partners an unfair advantage over other app makers.

Advertisers are also reportedly wary about blowback from consumers that don’t appreciate uninvited apps chewing through their usage allowance installing themselves.

Consumers generally dislike all the excess apps stuffing up their phones, Azher Ahmed, director of digital at DDB Chicago told Ad Age. “If the app doesn’t offer valuable content and experiences, you’re going to deal with a lot of frustrated users calling out your bloatware.”

The N.Y. Times Exposes Corporate-Backed Think Tanks

Sock Puppets: Ostensibly "independent" people quietly on the payroll of Big Telecom companies and advocating their positions.

Sock Puppets: Ostensibly “independent” people quietly on the payroll of Big Telecom companies and advocating their positions.

“Net Neutrality would not improve consumer welfare or protect the public interest,” came the considered view of one Jeffrey A. Eisenach, testifying before the Senate Judiciary Committee in September 2014. “The potential costs of Net Neutrality regulation are both sweeping and severe. It is best understood as an effort by one set of private interests to enrich itself by using the power of the state.”

Mr. Eisenach was introduced on the printed formal agenda as a “visiting scholar at the American Enterprise Institute.” If one looked at a transcript of his written testimony, they would find he also co-served as “co-chair of NERA Economic Consulting’s Communications, Media and Internet Practice.” But his views could have effectively represented all the above and more.

The New York Times this week published a two-part article examining the thin lines between public policy scholars, lobbyists, researchers, advocates, corporations, and private citizens. It is an important piece that details the shady world of bought and paid for research, academia, corporate lawyers and lobbyists, and Washington lawmakers that too often accept what they are told without following the money.

On that September day back in 2014 Eisenach wanted his views to be attributed only to him.

Eisenach

Eisenach

“While I am here in my capacity as a visiting scholar at the American Enterprise Institute, the views I express are my own, should not be attributed to A.E.I. or to any of the organizations with which I am affiliated,” Eisenach told the Senate committee.

What was considerably less clear is the name of the client (or an affiliated trade organization) that has underwritten almost every one of a dozen studies he has published on internet-related issues from 2007-2016 — Verizon, the same company that shares his hostile views towards Net Neutrality.

Over the years, it has become difficult to tell whether Eisenach’s views, articles, and study findings are his own, those of his study sponsor, and/or those of his employer. Just tracking Eisenach’s ever-changing employment record was no easy task. In the fall of 2013, Eisenach was the director of the American Enterprise Institute’s new “Center on Media and Internet Policy.” Just a few months later, he joined NERA, one of the country’s oldest economic consultancy firms, as a senior vice president in its telecommunications practice.

From each of these positions, Eisenach can pen the views of some of America’s largest telecommunications companies under the guise of an “independent” study, an invaluable cover tool for a member of Congress confronted with voting on behalf of corporate friends at the cost of consumers in the district.

“A report authored by an academic is going to have more credibility in the eyes of the regulator who is reading it,” Michael J. Copps, a former FCC commissioner who is now a special adviser for the Media and Democracy Reform Initiative at Common Cause, told the newspaper. “They are seeking to build credibility where none exists.”

A former Verizon employee who still does some consulting of his told the Times how the game is played.

aei“Let’s say you’re in legal and you want to have a paper that says what you want it to say,” said ex-Verizon economist Dennis Weller. “You could have a bunch of economists in house and ask them if they agree with you. How much easier would it be to go to an outside economist and say, ‘How about if I pay you $100,000 to write this?’”

With appropriate disclosure that a company like Verizon paid $100,000 for a report that exactly matches Verizon’s public policy agenda might raise questions on Capitol Hill as to its veracity and independence. If that disclosure goes missing or is hidden under a third-party like a trade association, a lawmaker might assume the report was produced independently and the strong corroboration of Verizon’s views is just a coincidence. That kind of credibility can be worth millions to any company confronting a debate over regulatory policy.

“[Eisenach] is good at linking big theoretical ideas to policy, and he’s been good at making money doing that,” added Weller. “He’s been good at moving from think tank to think tank and company to company, and I don’t think he’s ever lost money doing it.”

The New York Times investigation found while Eisenach testified before Congress ostensibly as a private citizen, he was also filing formal comments to the FCC as a “scholar” with the American Enterprise Institute, was meeting privately with FCC commissioners, organized public briefings that featured powerful senators like John Thune (R-S.D.), who happens to be the chairman of the Senate Commerce Committee. That committee also has direct oversight over the FCC and has spent the last three years scrutinizing FCC chairman Thomas Wheeler. Eisenach even briefed the two Republican FCC commissioners about what AEI’s general counsel had to say about Wheeler’s efforts to get Net Neutrality in place at the FCC. Eisenach offered both commissioners speaking time at AEI events, urging at least one of them to attack Net Neutrality.

“Net Neutrality is obviously top of mind,” he said in an email to that commissioner, Michael O’Rielly. “I’d be delighted if you would use the opportunity to lay out the case against.”

net_neutralityThe Times reported Eisenach was hardly alone opposing Net Neutrality. Just weeks after becoming chairman, Wheeler received a letter signed by more than a dozen prominent economists and scholars affiliated with various Washington think tanks or academic institutions. They wanted Wheeler to reject Net Neutrality regulations. The letter attempted to distance the signers from any corporate agenda, noting in a footnote that nobody was compensated for their signature on the letter.

On the other hand, of the dozen studies that were included or referenced in their letter as “evidence,” more than half were entirely funded by giant telecom companies that oppose Net Neutrality. Mr. Wheeler would need a magnifying glass and plenty of free time to ferret out the industry funding disclosures in those attached studies, which were buried in footnotes.

When the industry took the FCC to court over broadband regulation or Net Neutrality, it was more of the same. Verizon was successful opposing an earlier FCC rule on Net Neutrality by trotting out almost two dozen studies and declarations that opposed regulatory oversight — more than half sponsored entirely by the telecommunications companies or trade associations that despise Net Neutrality. Many other studies were written by think tanks and scholars that also had direct financial ties to the companies.

Litan

Litan

Another key factor in the debate about Net Neutrality was the cost of implementing it. Again, the incestuous ties between the telecom industry, think tanks, and academia would serve up the “right answers” for Big Telecom’s case against Neutrality when two economists issued a controversial “policy brief” that claimed Net Neutrality would cost $15 billion in new fees and retard broadband expansion and upgrades. (The $15 billion figure came under immediate ridicule by consumer groups that effectively suggested the study authors ‘made it up,’ a case that may have been proven to some degree when the authors suddenly revised it down to $11 billion.)

Robert Litan, then a senior fellow at Brookings and Hal Singer, who used to work at the Progressive Policy Institute, would quickly come under greater scrutiny than Eisenach, probably because their report became central to the industry’s battle against Net Neutrality. The National Cable and Telecommunications Association (NCTA) even built an advertising campaign against Net Neutrality around their study. Politicians opposed to Net Neutrality also regularly quoted from Litan and Singer’s findings to explain their strong opposition to the net policy.

Lost in the debate is who paid Mr. Litan and Mr. Singer for their work. Their employer, Economists Inc., yet another inside-the-Beltway consulting firm, didn’t exactly publicize their “select clients” included AT&T and Verizon — two of the largest opponents of Net Neutrality.

Using think tanks to bolster corporate lobbying has become so common, it has attracted the attention of some members of Congress.

Litan collided with one of the Senate’s fiercest consumer advocates and watchdogs — Sen. Elizabeth Warren (D-Mass.) in a September 2015 hearing about a rules change fiercely opposed by investment bankers that would require financial advisers recommending retirement-associated investments to put their clients’ interests ahead of their own personal gain. Warren has championed the cause of ending high bank and investment-related fees that eat away investor returns. Some of the worst offenders convinced financial advisers to recommend their funds by kicking back large bonus commissions, which enriched the adviser and the investment bank but left seniors hit hard by lost potential earnings.

Sen. Elizabeth Warren (D-Mass.)

Sen. Elizabeth Warren (D-Mass.)

Litan’s research questioned the potential benefits of upping ethical standards. He wrote the costs to the banking and investment community to implement the rules would far outweigh any benefits to investors. Litan casually mentioned his affiliation with Brookings, a think tank, to promote his research’s credibility. He didn’t call attention to the fact his 28-page study was produced for a client: Capital Group — a massive financial services company with $1.39 trillion in assets. It would be directly impacted by the imposition of the new rules, which it strongly opposed.

Capital Group paid Economists, Inc. $85,000 for the study. Litan’s cut of the action was $38,800 — or $1,386 per page.

Warren complained Litan was not exactly forthcoming in disclosing his personal gain and his ties to a major opponent of the new rules under consideration.

“These disclosures are problematic: they raise significant questions about the impartiality of the study and its conclusions, and about why a Brookings-affiliated expert is allowed to use that affiliation to lend credibility to work that is…editorially compromised,” Sen. Warren wrote in a letter to Brookings President Strobe Talbott.

The embarrassment to Brookings, which has increasingly relied on corporate-funded research to fund its work, led to rumors Litan was asked to leave, and he resigned shortly thereafter. Litan downplayed the event, calling it a “minor technical violation” of Brookings’ ethics policy, which prohibits those associated with the think tank from using their affiliation with Brookings in any research report or testimony.

The incident fueled consumer groups’ arguments that cozy arrangements between purportedly independent scholars and academics and corporate entities too often results in bought-and-paid-for- research not worth the paper it is printed on. A clear conflict of interest and the lack of prominent funding disclosures makes such reports suspect at best and worthless in many other cases, because no company paying for a report is going to make it public if it conflicts with their agenda.

Singer

Singer

Remarkably, other economists, many also engaged in producing reports for corporate clients, rushed to the defense of… Mr. Litan, calling his removal from Brookings the result of a witch hunt.

A letter signed by former Clinton economic advisers W. Bowman Cutter and Everett Ehrlich; Harvard University international trade and investment professor Robert Z. Lawrence; former Clinton chief budget economist Joseph Minarik; and former Clinton economic adviser Hal Singer, who co-authored the report that got Litan in hot water with Sen. Warren, claimed as a result of Litan’s forced resignation, critics of their reports could threaten the credibility of their work with an “ad hominem attack on any author who may be associated with an industry or interest whose views are contrary to [Sen. Warren].”

“Businesses sometimes finance policy research much as advocacy groups or other interests do,” the economists wrote. “A reader can question the source of the financing on all sides, but ultimately the quality of the work and the integrity of the author are paramount.”

Singer has since left the Progressive Policy Institute.

D.C.’s revolving door has also provided lucrative work for those out of government jobs and now working in the private sector, often lobbying those still in government.

Rep. Greg Walden (R-Ore.) had no problem introducing a Wall Street Journal op-ed piece into the Congressional Record written by Robert McDowell, who wears several hats at the Hudson Institute. He’s a “scholar,” a “telecommunications industry lawyer” at a firm retained by AT&T to fight Net Neutrality, and a lobbyist. If his name is familiar to you, that might be because McDowell used to be a commissioner of the Federal Communications Commission from June 1, 2006 to May 17, 2013. Now he is paid to kill Net Neutrality for AT&T.

None of that seem to faze Walden or raise questions about the credibility of the opinion piece he sought to have added to the official record.

“Everyone’s got their point of view,” Walden said last year. “And some of them get paid to have that point of view.”

Consumer Groups to Tom Wheeler: Keep Pushing Forward on Real Reforms

Wheeler

Wheeler

One of the biggest surprises of the Obama Administration has been FCC chairman Thomas Wheeler, whose industry background made his appointment immediately suspect among consumer advocates, including Stop the Cap!

But over the last few years of his tenure, he has built one of the strongest pro-consumer records of accomplishments the commission has seen in decades. Not only has Wheeler outclassed Kevin Martin and Michael Powell — the two chairmen under the prior Bush Administration, he has also demonstrated strong conviction and consistency lacking from his immediate predecessor, Julius Genachowski. Wheeler has won praise from consumer groups after pushing through Net Neutrality, adding stronger terms and conditions to the Charter-Time Warner Cable-Bright House merger to extend a ban on usage caps for seven years, discouraging more wireless provider mergers, and several other pro-consumer measures dealing with persistent problems like phone bill cramming.

Many top telecom executives and lobbyists and many Republican members of Congress have been highly critical of Mr. Wheeler and have bristled at media reports suggesting he might not exit with the outgoing Obama Administration. More than a few have hinted they would like to see Wheeler depart sooner than later.

The Wall Street Journal is now questioning whether Wheeler can complete at least three more of his important agenda items before President Obama’s term ends early next year.

His “open standards” for set-top boxes reform is mired in a full-scale cable industry push-back, efforts to impose strong privacy rules on what cable and phone companies do with your private information apparently violates Comcast’s right to offer you a discount if you agree to let them monitor your online activity, and even an effort to clean up business telecommunications service rules has met opposition, mostly from the companies that are quite happy making enormous profits with the rules as written today.

“Chairman Wheeler has accomplished a lot during his tenure, but with the election fast approaching, he probably has time to get one more big thing done,” Rep. Frank Pallone of New Jersey, the top Democrat on the House Energy and Commerce Committee, told the newspaper.

Some Republicans in the Senate are holding up a vote on a second 5-year term for Democratic Commissioner Jessica Rosenworcel after hearing media reports Wheeler may be thinking of remaining as FCC chairman after the end of the Obama Administration. Wheeler’s term doesn’t expire just because the president that appointed him leaves office, but it would be unusual for Wheeler to stay. But then a lot of traditions in Washington are not necessarily good ideas and we see no reason to hurry Wheeler out of his chairmanship. The chances we will get someone as tenacious as Mr. Wheeler has proven to be from the next president is unlikely. Those blocking the vote on Ms. Rosenworcel are playing the usual Washington power games, simply looking for a commitment Wheeler will leave with President Obama.

Wheeler has few allies among Republicans, who don’t like his Net Neutrality policies, don’t want Wheeler’s open-standard set-top box plan, and believe he is a regulator more than a preferred deregulator. Rosenworcel has recently been wavering on support for Wheeler’s set-top box plan and his internet privacy plan, which worries us because her vote is critical to assure passage. Rosenworcel could be trying to be seen as an independent to improve her chances at winning reappointment, but she risks alienating consumer groups if she sides with the two Republican FCC commissioners, who have shown themselves to be engaged in almost open warfare against consumers. Rosenworcel would do better to vote with consumers and avoid any appearance she is more interested in protecting her position in Washington.

“Sure, there are headwinds, but that’s often a sign that they’re doing something right,” Todd O’Boyle, program director for the media and democracy reform initiative at Common Cause told the newspaper. “There’s reason to think that the FCC will advance all three reforms.”

As far as Mr. Wheeler, as long as he represents the interests of the American people over those of AT&T and Comcast, he should feel free to stay as long as his term allows.

Wurl Network’s New IP-Streaming Cable TV Networks Blur Net Neutrality/Usage Caps

wurlVideo programmers that want to avoid the problem of usage allowances that can deter internet video streaming have a new way to make an end run around Net Neutrality, distributing their content “cap-free” through “virtual cable channels” that are distributed over broadband, but appear like traditional cable TV channels on a set-top box.

This morning, Fierce Cable noted Wurl’s IP-based streaming cable television network platform was here, offering cable operators new cable channels that are actually delivered over the customer’s internet connection. The Alt Channel, Streaming News Network, The Sports Feed and Popcornflix will appear on set-top boxes and onscreen guides like traditional linear cable channels, starting in August. Wurl claims at least 51, mostly small and independent cable operators, have already signed up for the service, which could quickly expand to 10-12 channels in the future. But Multichannel News has confirmed only one partner so far — Fidelity Communications, a small cable operator serving parts of Arkansas, Louisiana, Missouri, Oklahoma and Texas.

What makes these channels very different from the other networks on the lineup is that they are delivered over the customer’s internet connection directly into a cable set-top box, and will generally be exempt from any usage allowances or caps providers impose on broadband usage. Wurl acts as a distributor, obtaining content from “popular online studios” that “until now has only been available on computers and mobile devices.” Wurl’s partners can get their content exposed on traditional cable TV to a potentially greater audience, who can watch while not worrying about using up their monthly internet usage allowance.

wurl_channels_brackets_large

The first series of bracketed channels are Wurl-TV broadband based channels, while the second are traditional linear cable networks delivered by RF or QAM. Both integrate seamlessly into the cable set-top box’s on-screen program guide.

Wurl’s unicast approach relies on its own content delivery network to provide one internet stream for each set-top box accessing its programming, which also allows for support of on-demand programming. But every cable customer watching a Wurl channel is effectively streaming video over their internet connection. Cable operators usually blame internet video for consuming most of their available internet bandwidth, necessitating the “need” for usage allowances/caps or usage based billing to manage and pay for bandwidth “fairly.” netneutralityYet Wurl’s networks consume just as much bandwidth as traditional online video. But because Wurl is partnering with cable operators, that content is not subject to the usage caps Netflix, Hulu, or Amazon Video customers have to contend with.

Wurl claims its approach is so cable-operator friendly, “there’s no reason to say no,” said Sean Doherty, Wurl’s CEO and co-founder.

Cable operators are offered Wurl channels for free, with no affiliate fees or upfront costs, and no significant technology costs since the channels are distributed direct to the set-top box over broadband, not RF or QAM. A video player is embedded into the virtual cable channel, which allows viewers to pause, rewind, and fast forward programming.

In the future, cable systems are expected to gradually transition to IP-delivery of all of their video content, turning the cable TV line in your home into one giant broadband connection, across which television, internet access, and phone service are delivered.

But cable operators are still making distinctions between services that are gradually becoming different in name only. If a customer watches a Wurl channel over the internet on their desktop, that would count against their usage allowance. But if they watch over a cable-TV set-top box, it won’t, despite the fact the journey the channel takes to reach the viewer is exactly the same. That gives certain content providers an advantage others lack, representing a classic end run around Net Neutrality.

To be fair, that is not a distinction Wurl has made in any of its marketing material, but the fact preferred content can be managed this way is just one more reason the FCC should ban usage caps and usage-based billing on consumer internet accounts. Wurl’s own marketing material tells operators the cost and impact of its video streaming on the cable operator’s existing infrastructure is next to zero… because Wurl’s content comes across broadband platforms already so robust, they can easily accommodate the potential of thousands of viewers all watching Wurl channels without any issues. That reality undermines the cable industry’s own questionable arguments about the need for data caps or usage billing.

AT&T’s King of Lobbyists Endorses Hillary Clinton for President

Cicconi

Cicconi

The Telecommunications Act of 1996 was the first major overhaul of telecommunications law in almost 62 years, and the deregulation measure supported with ecstasy by many in the telecom industry was signed into law by none other than President Bill Clinton, opening the door to a massive wave of industry deregulation and multi-billion dollar media consolidation.

It therefore comes as no surprise — to some at least — that AT&T’s top lobbyist Jim Cicconi, perhaps rivaled only by Comcast’s David Cohen in power and influence, has endorsed Hillary Clinton for president. The Wall Street Journal reported Cicconi has joined several other Republican corporate executives signing up for Team Hillary this election cycle.

Cicconi is voting Democratic this year, despite supporting every Republican presidential candidate since President Gerald Ford’s run against Jimmy Carter in 1976. This year is different, he claims.

hillary 2016“I think it’s vital to put our country’s well being ahead of party,” he said in a statement provided by the Clinton campaign. “Hillary Clinton is experienced, qualified, and will make a fine president. The alternative, I fear, would set our nation on a very dark path.”

Comcast’s David Cohen is also well-known for leaning to the left, and has been considered a friend of the Obamas since they took office in 2009. Cohen hosted 120 people in his home for a dinner in 2011 on behalf of Obama’s 2012 re-election campaign. It was an expensive dinner — each guest contributed at least $10,000.

The alternative, Donald Trump, represents what corporate America and Wall Street hates above all else – unpredictability and uncertainty.

Telecom issues have not made a big splash this year in either campaign, and regardless of who wins, their appointments to regulatory agencies like the FCC can have a major impact on consumer broadband initiatives and public policy. A Clinton administration could result in appointments of “centrist” Democrats that Bill favored during his two terms in office. Many of those former regulators are now lobbyists for the telecom industry. Or Hillary could move closer to Obama’s surprisingly tough pro-consumer policies on broadband issues and keep Thomas Wheeler at the helm of the FCC for a few more years.

attverizonCicconi would be pleased to see someone like former Tennessee congressman Harold Ford, Jr., take a seat at the FCC under a future Clinton Administration instead. Ford has served as an honorary co-chairman of Broadband for America, an industry-sponsored astroturf operation, for most of Obama’s two terms in office. He remains a close friend of both Bill and Hillary and is never far from the public eye, turning up regularly on MSNBC.

Broadband for America supports deregulation, opposes Net Neutrality, and essentially shills for its corporate sponsors. Rep. Ford would likely oppose Net Neutrality and continue support for near-total deregulation.

Verizon has also shown itself to be a Friend of Hillary. Three Verizon vice presidents each donated $2,700 to Hillary for America. They were joined by a senior vice president and another vice president, who gave an additional $1,000, according to Salon. A former Hillary Clinton operative who now lobbies for Verizon donated $2,700 as well, along with another Verizon lobbyist who pitched in $1,000.

While Bernie Sanders joined striking Verizon workers on the picket line, the Clinton campaign was cashing checks worth tens of thousands of dollars from Verizon executives and lobbyists. In May 2013, the telecom company paid Hillary a $225,000 honorarium in return for a speech (the text has not been disclosed) to Verizon executives.

The Clinton Foundation also benefited from Verizon contributions ranging from $100,000-250,000.

Federal Court Agrees With FCC: Broadband in a Utility; Net Neutrality Policies Upheld

netneutralityA federal appeals court today sided with the Federal Communications Commission, upholding its view broadband service is an essential utility that can no longer be left unregulated and open to the whims of large cable and phone companies.

The 2-1 decision by the U.S. Court of Appeals for the District of Columbia firmly establishes the FCC’s right to transition broadband from its old designation as a barely regulated “information service” to a “telecommunications service” subject to broad oversight by regulators under the FCC’s “Title II” authority.

The most immediate implication of the court’s decision is upholding the FCC’s Net Neutrality rules, which require Internet providers to grant equal access to all legal Internet content and applications regardless of the source, without favoring or blocking particular products or websites.

“After a decade of debate and legal battles, today’s ruling affirms the commission’s ability to enforce the strongest possible Internet protections — both on fixed and mobile networks — that will ensure the Internet remains open, now and in the future,” said FCC chairman Tom Wheeler.

The ruling left broadband providers smarting, especially wireless carriers that once expected to be exempted from Net Neutrality regulations. Wireless broadband services are now also considered common carrier utility services subject to Net Neutrality.

“The people have spoken, the courts have spoken and this should be the last word on Net Neutrality,” Free Press President and CEO Craig Aaron said in a statement.

At least one Republican FCC commissioner, Ajit Pai, disagreed and was heartened by news a very disappointed AT&T was vowing a quick appeal to the Supreme Court.

“We have always expected this issue to be decided by the Supreme Court, and we look forward to participating in that appeal,” said David McAtee II, the senior executive vice president and general counsel for AT&T.

“I continue to believe that these regulations are unlawful, and I hope that the parties challenging them will continue the legal fight,” Pai added. Pai has been a frequent critic of Net Neutrality.

But AT&T may find itself in the unenviable position of taking their case to the Supreme Court without the late Antonin Scalia on the bench. The ongoing opposition by Senate Republicans to hold hearings to consider President Obama’s nomination of Merrick Garland to fill the open ninth seat on the court opens the door to a 4-4 tie vote on the FCC’s authority to regulate broadband as a utility, which would automatically affirm the lower court ruling.

Spring 2016: An Update and Progress Report for Our Members

stcDear Members,

We have had a very busy winter and spring here at Stop the Cap! and we thought it important to update you on our efforts.

You may have noticed a drop in new content online over the last few months, and we’ve had some inquiries about it. The primary reason for this is the additional time and energy being spent to directly connect with legislators and regulators about the issues we are concerned about. Someone recently asked me why we spend a lot of time and energy writing exposés to an audience that almost certainly already agrees with us. If supporters were the only readers here, they would have a point. Stop the Cap! is followed regularly by legislators, regulators, public policy lobbyists, consumer groups, telecom executives, and members of the media. Our content is regularly cited in books, articles, regulatory filings, and in media reports. That is why we spend a lot of time and energy documenting our positions about data caps, usage billing, Net Neutrality, and the state of broadband in the United States and Canada.

A lengthy piece appearing here can easily take more than eight hours (sometimes longer) to put together from research to final publication. We feel it is critical to make sure this information gets into the hands of those that can help make a difference, whether they visit us on the web or not. So we have made an extra effort to inform, educate, and persuade decision-makers and reporters towards our point of view, helping to counter the well-funded propaganda campaigns of Big Telecom companies that regularly distort the issues and defend the indefensible.

Four issues have gotten most of our attention over the last six months:

  1. The Charter/Time Warner Cable/Bright House merger;
  2. Data cap traps and trials (especially those from Comcast, Blue Ridge, Cox, and Suddenlink);
  3. Cablevision/Altice merger;
  4. Frontier’s acquisition of Verizon landlines and that phone company’s upgrade plans for existing customers.

We’ve been successful raising important issues about the scarcity of benefits from telecom company mergers. In short, there are none of significance, unless you happen to be a Wall Street banker, a shareholder, or a company executive. The last thing an already-concentrated marketplace needs is more telecom mergers. We’re also continuing to expose just how nonsensical data caps and usage-based billing is for 21st century broadband providers. Despite claims of “fairness,” data caps are nothing more than cable-TV protectionism and the further exploitation of a broadband duopoly that makes it easy for Wall Street analysts to argue “there is room for broadband rate hikes” in North America. Stop the Cap! will continue to coordinate with other consumer groups to fight this issue, and we’ve successfully convinced at least some at the FCC that the excuses offered for data caps don’t hold water.

Dampier

Dampier

FCC chairman Tom Wheeler’s broadening of Charter’s voluntary three-year moratorium on data caps to a compulsory term as long as seven years sent a clear message to broadband providers that the jig is up — data caps are a direct threat to the emerging online video marketplace that might finally deliver serious competition to the current bloated and overpriced cable television package.

Wheeler’s actions were directly responsible for Comcast’s sudden generosity in more than tripling the usage allowance it has imposed on several markets across the south and midwest. But we won’t be happy until those compulsory data caps are gone for good.

More than 10,000 Comcast customers have already told the FCC in customer complaints that Comcast’s data caps are egregious and unfair. Considering how unresponsive Comcast has been towards its own customers that despise data caps of any kind, Comcast obviously doesn’t care what their customers think. But they care very much about what the FCC thinks about regulatory issues like data caps and set-top box monopolies. How do we know this? Because Comcast’s chief financial officer this week told the audience attending the JPMorgan Technology, Media and Telecom Broker Conference Comcast always pays attention to regulator headwinds.

“I think it’s our job to make sure we pivot and react accordingly and make sure the company thrives whatever the outcome is on some of the regulatory proposals that are out there,” said Comcast’s Mike Cavanagh. We suspect if Chairman Wheeler goes just one step further and calls on ISPs to permanently ditch data caps and usage billing, many would. We will continue to press him to do exactly that.

Stop the Cap! supports municipal and community-owned broadband providers.

Stop the Cap! supports municipal and community-owned broadband providers.

Other companies are also still making bad decisions for their customers. Besides Comcast’s ongoing abusive data cap experiment, Cox’s ongoing data cap trial in Cleveland, Ohio is completely unacceptable and has no justification. The usage allowances provided are also unacceptably stingy. Suddenlink, now owned by Altice, should not even attempt to alienate their customers, particularly as the cable conglomerate seeks new acquisition opportunities in the United States in the future. We find it telling that Altice feels justified retaining usage caps on customers in smaller communities served by Suddenlink while denying they would even think of doing the same in Cablevision territory in suburban New York City. Both Suddenlink and Cablevision have upgraded their networks to deliver faster speed service. What is Altice’s excuse about why it treats its urban and rural customers so differently? It frankly doesn’t have one. We’ll be working to convince Altice it is time for Suddenlink’s data caps to be retired for good.

We will also be turning more attention back on the issue of community broadband, which continues to be the only competitive alternative to the phone and cable companies most Americans will likely ever see. The dollar-a-holler lobbyists are still writing editorials and articles claiming “government-owned networks” are risky and/or a failure, without bothering to disclose the authors have a direct financial relationship to the phone and cable companies that don’t want the competition. We will be pressing state lawmakers to ditch municipal broadband bans and not to enact any new ones.

We will also continue to watch AT&T and Verizon — two large phone companies that continue to seek opportunities to neglect or ditch their wired services either by decommissioning rural landlines or selling parts of their service areas to companies like Frontier. AT&T specializes in bait-n-switch bills in state legislatures that promise “upgrades” in return for further deregulation and permission to switch off rural service in favor of wireless alternatives. That’s great for AT&T, but a potential life-threatening disaster for rural America.

We continue to abide by our mandate: fighting data caps and consumption billing and promoting better broadband, regardless of what company or community supplies it.

As always, thank you so much for your financial support (the donate button that sustains us entirely is to your right) and for your engagement in the fight against unfair broadband pricing and policies. Broadband is not just a nice thing to have. It is an essential utility just as important as clean water, electricity, natural gas, and telephone service.

Phillip M. Dampier
Founder & President, Stop the Cap!

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