Stupid Reasons to Oppose Net Neutrality #1: Why Not Net Neutrality for Newspapers?

Phillip Dampier September 28, 2009 Editorial & Site News, Net Neutrality 7 Comments

failure-of-logic-fail-demotivational-poster-1209989155Now that FCC Chairman Julius Genachowski has put the issue of Net Neutrality on the front burner, the often-ludicrous reasons some people give to oppose Net Neutrality are coming out all over the place.  When you find one that is particularly preposterous, use the Contact Us link at the top of the screen and drop us a summary and a link.  We’ll be calling out the silliest and debunking those that might sound good on the surface but have a soft, squishy, logic-free center.

To get us started, this letter to the editor turned up last week in The Seattle Times:

The recent Seattle Times editorial on net neutrality seemed logical on the surface [“Protecting net neutrality,” Opinion, Sept. 22], but in reality was a Robin Hood-style regulation.

Let me pose a question: What would The Times’ opinion be if the Federal Communications Commission mandated The Times’ facilities were open to anyone who wants to use it as they wished?

I suspect the company would probably make an argument that it made the huge capital investment, and therefore should have control over who can or cannot use it.

So explain, what is the fundamental difference between the management of this capital asset and that of a company such as Comcast or any other Internet provider?

I suspect nothing other than another example of government intervention into a business and technology they do not understand. The Times should be thankful they are not focused on the newspaper industry.

I’ve long accused the Federal Communications Commission of being out of touch and not understanding (‘broadband over power lines’ advocacy being a particularly stupid idea on their part), but rest assured, they are well acquainted with the arguments the broadband industry makes to preserve its position.  Providers spend tens of millions of dollars to hire lobbyists to advocate just that.

To use Robin Hood as an analogy puts us squarely in OppositeLand, where ‘up is down’ and ‘right is left.’  Robin Hood was a story about robbing from the rich to give to the poor.  This writer seems to think the “poor” are Comcast and AT&T, and the individual customers most at risk from Net Neutrality abuse are somehow the “rich.”

Perhaps it would have been more apt to suggest the Seattle Times would be guilty of Net Neutrality abuse if it openly refused to print ‘letters to the editor’ or interview people for stories who did not have a home delivery subscription to the newspaper.

A newspaper, of course, is not the equivalent of the global Internet.  It’s just one of countless content creators that use the Internet to make their content more accessible to an online audience, one that might choose to read what they publish.  That’s an important distinction, because Net Neutrality does not interfere with content creators and tell them what they can and cannot say.  It helps protect their independence.  The Seattle Times can print whatever they see fit, and you and I make the individual decision to read or not read what they publish.

More importantly, and why the writer’s analogy misses the mark:  If you or I don’t like The Times and think we can do a better job, we can start our own website and publish our own content.  We don’t need the imprimatur of establishment media to make our own content available to the masses.  Individual readers will judge the quality and value of our content individually, and determine its importance and relevance accordingly.  So you or I don’t need to demand The Seattle Times open up their presses to our content — we can simply publish our own content independently, enjoying the exact same global reach, and have the potential to be just as successful as they are.

But let’s get back to the writer’s premise and adjust it slightly.  The Times pays a web hosting company to make their articles available online.  They have a business relationship with that hosting company, which uses part of that hosting fee to pay for their own pipeline to the Internet.

Meanwhile, you and I pay a monthly fee for an Internet Service Provider (ISP).  We pay them every month to provide unencumbered connectivity to the Internet, which happens to include the website for The Seattle Times.

One day, our ISP mails a letter to The Times and tells them that unless they pay to become a “preferred content partner,” they can no longer guarantee that the newspaper’s web pages will always reach you and I on a timely basis.  In effect, our ISP now wants to be paid twice — once by us to access the Internet, and once by the newspaper for “assurances” their content will reach us at broadband speeds.

The Times doesn’t have a business relationship with our ISP, but you and I do — specifically to provide the connectivity they suggest may soon no longer be guaranteed to those who “use their pipes for free.”

Now the problem becomes clearer to understand.  Even more concerning is that some of these ISPs own and manage news content sites.  Will they charge themselves the same price they ask from others?

Net Neutrality in its entirety protects content producers, like this website, from having its reach impacted.  Remember, one of the biggest strengths of the Internet is that anyone, anywhere, can reach this website or The Seattle Times on equal terms just by typing in the address.  No Internet user or content producer should have to face a blockade from providers that don’t like the message, had their content moved to the “slow lane” for not paying an unprecedented fee, or had their website overshadowed because a competitor leveraged favorable treatment from their “preferred content partner” status.

“The Verizon FiOS of Hong Kong”: Fiber to the Home 100Mbps Service $35/Month

Phillip Dampier September 27, 2009 Broadband Speed, Competition, Recent Headlines, Video 3 Comments
HK Broadband offers 100% Fiber Optic service to residents of Hong Kong

HK Broadband offers 100% Fiber Optic service to residents of Hong Kong

Hong Kong remains bullish on broadband.  Despite the economic downturn, City Telecom continues to invest millions in constructing one of Hong Kong’s largest fiber optic broadband networks, providing fiber to the home connections to residents. City Telecom’s HK Broadband service relies on an all-fiber optic network, and has been dubbed “the Verizon FiOS of Hong Kong” for its dramatically faster broadband speeds.

Hongkongers have had several choices for broadband service over the years, most offering traditional DSL service throughout the Hong Kong Special Administrative Region (Hong Kong is a territory of the People’s Republic of China). Priced around $32 a month, the most popular service choice offers residents 6Mbps downstream speeds and 0.6Mbps upstream. Some modern residential multi-dwelling units have a more advanced from of DSL service offering up to 18Mbps downstream and 1Mbps upstream.

HK Broadband represents a major competitive threat for traditional DSL service in Hong Kong, because the fiber optic network provides customers with faster speeds ranging from 25Mbps-1000Mbps.  The company also offers a bundle including broadband, a Voice Over IP telephone service, and IPTV (cable television) service with 80+ channels. HK Broadband offers symmetrical speeds on their network, which means your upload speed is as fast as your download speed. The company has pummeled its telephone network-reliant competitors with humorous ads that call out DSL’s slower speeds, particularly for uploads.

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p style=”text-align: center;”>[flv width=”450″ height=”360″]http://www.phillipdampier.com/video/HKBN Ad – Ants.flv[/flv]
HK Broadband “Ants” Advertisement: Ten Kung-Fu-Fighting-Ants, representing the downstream speed of a traditional DSL broadband connection, are shown ganging up on a single helpless ant, who represents the weaker upstream speed, demonstrating how traditional DSL services typically offer upload bandwidth that is only a 10th of the download speed.

HK Broadband offers 100Mbps service for $35 per month, just a few dollars more than DSL. But there is an interesting catch. HK Broadband, like other providers in Hong Kong, cope with inadequate international broadband connections. Instead of engaging in Internet Overcharging schemes like usage caps, such as those found in Australia and New Zealand, the company has instead capped the speed for websites located abroad at 20Mbps for both uploads and downloads. The 100Mbps speed is reserved for domestic websites. Some subscribers note they couldn’t get speeds much faster than that when accessing overseas sites regardless of the cap, so it has not presented a major problem. As connectivity improves, so should the speeds, according to company officials.

The company also has a unique residential service guarantee — they promise that you will receive at least 80% of the speed you subscribe to, or they refund double your money back. Of course, this applies only to connections made to websites within Hong Kong.

When you’ve got it, flaunt it, and HK Broadband’s fiber speeds are the hallmark of their marketing campaigns.

[flv width=”480″ height=”284″]http://www.phillipdampier.com/video/HKBN 100Mbps Ad.flv[/flv]

HK Broadband “Fat Pipe” Advertisement: Real life characters representing Internet content force themselves into a tiny pipeline, representing DSL, but are later liberated by a wide open fiber optic pipeline they can run through with room to spare.

The investment by City Telecom in their fiber optic broadband network has brought impressive financial results to the company, with customers taking more of their telecommunications business in HK Broadband.  That increases the average revenue per subscriber.  The company has also aggressively increased the level of investment to build out its network, producing an economy of scale that has reduced the costs to wire new subscribers.

Traditional Wall Street investors have often been unimpressed with expensive technology upgrades undertaken by telecommunications companies.  Notably, Verizon Wireless’ FiOS fiber to the home network was pummeled by several investor groups who complained Verizon was spending too much on their fiber network, even though their costs to wire each new customer has dramatically decreased with time.  City Telecom has turned that criticism on its head.  Among many of its competitors, City Telecom is the second most profitable, earning an 11% profit margin.

China Securities has showcased the company, noting it enjoys subscriber growth at levels greater than industry growth, is positioned with technology that assures it of long term stability in revenue and income growth, and despite all of the investments the company has made, retains a strong free cash flow.  Most of all, it has very happy subscribers who enjoy a well regarded broadband service, available at fast speeds and a reasonable price.

The incumbent telephone company’s network of copper wire, supporting lower speed DSL service, is not in the same position.  HK Broadband brought Alexander Graham Bell back to life to chastise the notion that a network more than 100 years old is appropriate for 21st century broadband.

[flv width=”480″ height=”360″]http://www.phillipdampier.com/video/HK Broadband Bell Ad.flv[/flv]

HK Broadband “Alexander Graham Bell” Advertisement: The inventor of the telephone makes a “special-guest” appearance pointing out the fact that the 100 year old telephone network wasn’t designed for today’s broadband connections. This is set in a traditional Chinese Hell-like environment to imply the hellish experience of surfing the Internet with a slow connection.

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p style=”text-align: left;”>HK Broadband has not escaped the attention of its competitors, of course.  PCCW Limited, Hong Kong’s dominant telephone company, has been aggressively marketing its own fiber, DSL, and wireless broadband products, not allowing HK Broadband to win without a fight. PCCW has had to play catch-up with HK Broadband’s aggressive fiber deployment, which focused on residential and business customers from the outset.  PCCW’s fiber network was primarily intended for business customers, and now the company has been rapidly expanding their fiber network to residential customers.  Today, where PCCW fiber is available, customers can choose from 18Mbps, 30Mbps, 100Mbps, or 1000Mbps service plans.  Many PCCW customers will also be aggressively marketed a wireless mobile Netvigator add-on, one of PCCW’s more successful product lines.

[flv width=”294″ height=”240″]http://www.phillipdampier.com/video/PCCW Fiber Optics Ad.flv[/flv]

PCCW “Fiber Optics” Advertisement: Lampooning HK Broadband’s fiber optic network, PCCW says it had their own extensive fiber optic network laid before HK Broadband came around.  Its tagline, “…the real fiber optics broadband.”

A detailed presentation of HK Broadband and its potential attractiveness to investors was produced by China Securities and features an interview with NiQ Lai, the Chief Financial Officer of City Telecom.

[flv width=”640″ height=”480″]http://www.phillipdampier.com/video/Chinasecurities-City Telecom Presentation September.flv[/flv]

[13 minutes]

Stop the Cap! Movement Covered By Rochester Public Radio

Phillip Dampier September 24, 2009 Audio, Data Caps, Net Neutrality 2 Comments

The advancement of Net Neutrality by the Federal Communications Commission was the topic of this week’s Mixed Media, a feature from WXXI-AM, a public radio station in Rochester, New York.  Scott Fybush, who has been known to drop by Stop the Cap! from time to time, talked with WXXI’s Rachel Ward about Net Neutrality and the Stop the Cap! movement, and why Rochester is such an activist community when it comes to preserving reasonable and fair pricing for Internet access.

A Federal Communications Commissioner comes out strong for net neutrality. WXXI’s Rachel Ward and media and technology reporter Scott Fybush have more. (5 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

If you have any interest in radio or television, Scott’s Northeast Radio Watch is a must-read every week. WXXI’s Mixed Media does a good job of explaining technology stories and their impact on us in a way everyone can understand.

Uproar Over Bay Area Comcast Rate Hikes Met With Indifference By Oakland Tribune Business Editor

Phillip Dampier September 24, 2009 Comcast/Xfinity, Competition, Editorial & Site News 2 Comments
Courtesy: vgm8383

Courtesy: vgm8383

Bay area residents are fuming over Comcast’s latest round of rate increases.  The din grew so loud, Drew Voros, the Oakland Tribune Business Editor, noted “the annual outcry over Comcast rates is louder than any rate increase for electricity or water I have come across. A possible exception being California’s energy crisis earlier this decade.”

Voros then casually dismisses consumer outrage by telling his readers “cable TV is not a utility. It is not a vital service with transparency, public input and debate. There is no recourse for poor service through regulatory bodies or the ballot box.”

We know where this is going.

Voros doesn’t suggest that the rate increases are unjustified and unwarranted, nor does he have a bad word to say to Comcast, although he does fixate on one aspect of the regulatory framework (the wrong one) that he believes is at the core of the problem of unchecked rate increases.

His suggestion is to watch free over the air television or try DirecTV, Dish Network or AT&T’s U-verse.

Let’s explore those alternatives.

For some, assuming they get reasonable reception, and many Bay Area residents do not, getting local over the air signals might be good enough, but won’t help with those pesky rate increases on broadband service, or for those channels like C-SPAN or cable news outlets residents access to get coverage of events local broadcasters ignore.

DirecTV and Dish Network are also fine alternatives, assuming you have permission from a landlord to install the reception equipment, and/or your view to the satellite isn’t obstructed by trees or buildings.  AT&T U-verse is an even better potential choice, assuming it’s actually available in your area.

For everyone else, it’s Comzilla or go without.

Voros then goes too far into the weeds and gets lost in what suspiciously looks like “blame the government” rhetoric:

What many TV viewers do not realize is that the franchise agreements are loaded with fees and payments to the cities, funded through annual rate increases. There’s give and take between cable companies and the cities they serve. It’s a business deal with you in the middle.

But consumers are not bound by any franchise agreements, and the options for television services have grown immensely since the first cable TV line was connected in the 1970s. That is why the franchise agreements are out of date. Technology has overtaken that legal document. There’s no monopoly on television content delivery.

Comzilla attacks San Francisco with rate hikes.

Comzilla attacks San Francisco with rate hikes.

Ask any city official if they’d rather enjoy the incremental increase in franchise payments (which amounts to a fixed percentage, usually 3-5% of gross revenue) made possible by the annual rate hike, or the peace and quiet from constituents not upset over an industry that routinely increases rates well in excess of inflation.

Doing away with the franchise system to resolve cable rate hikes would be like using a ShamWow to deal with the after-effects of Hurricane Katrina.

Most cable companies used to include the “franchise fee” as part of the cost of the monthly service, but now routinely break that charge out onto its own line on your bill (and many never lowered the price for the original service, pocketing that as a hidden rate increase as well).  A rate increase may add a few pennies to the franchise fee on a customer’s bill, but then there is the other $3-5 dollars to consider.

Franchise agreements are negotiated for wired providers.  AT&T had to obtain one to provide U-verse.  That’s because local communities demand that a business tearing up their streets provide something in return for the community.  That usually includes: a small percentage of gross revenue, an agreement to provide free service in community centers, government offices, and public schools, and that they set aside several channels for Public, Educational, and Government access, known collectively as “PEG channels.”  It’s a very small price to pay for an industry that earns billions in profits.

Those agreements typically are renegotiated every ten years, so if consumers object to the franchise fee arrangement, they can appeal to local government to reduce or eliminate it.

Voros also suggests consumers try to obtain television programming online.  That is also sometimes possible, but as Stop the Cap! readers know, that also takes a broadband connection, and Comcast just raised the price for many of their customers for that as well.  With the industry’s new TV Everywhere project, dropping your cable subscription, as Voros suggests, will also likely cut you off from many of your favorite cable shows online — TV Everywhere is for paid television subscribers only.

The industry has every angle covered, right down to suing to remove the exclusivity ban on cable networks and programming.  Should the DC Court of Appeals agree, Voros’ contention that there’s no monopoly on television content delivery will also be thrown into doubt.

The solution is not to blame “outdated” franchise agreements.  The cable package business model is the larger problem.  Customers are expected to pay for ever-growing and more costly basic and digital cable packages filled with channels they don’t want.  Of course competition should be encouraged, but allowing consumers to choose and pay for only the channels they wish is a far better solution to runaway cable pricing.

Life With Dial-Up: Rural BC Residents Make Due With the Slow Lane

Phillip Dampier September 24, 2009 Audio, Canada, Rural Broadband Comments Off on Life With Dial-Up: Rural BC Residents Make Due With the Slow Lane
Thirsk

Thirsk

Marla Thirsk is still on dial-up, and wishes she had broadband. The Ucluelet, BC artist has lived in the Spanish Banks area for nearly 30 years. While her friends and neighbors have broadband service, her subdivision does not. The Canadian Broadcasting Corporation’s Spark program, dedicated to discussing technology and culture, recently covered Thirsk’s predicament. Host Nora Young explores what online life means for Marla and her nearby neighbors.

Phone interview with Marla Thirsk, as part of September 20, 2009 CBC Radio One’s Spark program. (6 minutes)

You must remain on this page to hear the clip, or you can download the clip and listen later.

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