West Liberty, Iowa is home of Liberty Communications

One of the side effects of insatiable telecom industry consolidation is that hard-working, honest, and consumer-friendly providers are swept up by corporate machinery that ends up providing Americans with the least amount of service for the highest possible price.  Remarkably, there are still some top-shelf independent providers out there that actually stand with their customers, fighting to bring better broadband service to everyone in their service areas.

A letter to the editor in the West Liberty Index caught my eye.  It chastised the Federal Communications Commission for its plans to treat rural Americans as second class broadband citizens with speed goals 25 times slower than those enjoyed by their urban cousins.  The FCC, the writer wrote, was simply not going far enough for consumers.  What was so remarkable about the letter?  It was signed by an Internet Service Provider — Jerry Melick, manager of Liberty Communications.

What would happen if the federal government decided that city roads, bridges and infrastructure should be better-constructed and more efficient than the roads in rural America? What about if the policy-makers determined that urban consumers should be able to get where they are going and get what they need faster than rural consumers? A new government plan intends to make that true of our nation’s information superhighway — the Internet. And, while it is not the highway coming into town, as rural consumers, we should still be very concerned.

[…]

The FCC’s plan will make rural Americans second class citizens in the new broadband world, because it establishes a speed goal for rural areas that is 25 times slower than for urban areas. Shouldn’t rural residents have access to the same broadband services as our larger towns and cities? Despite the construction of our state of the art Fusion network, we still face the challenge of how to bring broadband to our rural customers living outside of the communities of West Branch and West Liberty. Without a National Broadband Plan that supports further investment in rural areas, this will be difficult if not impossible to accomplish.

Melick supports broadband reform efforts at the FCC and changing the Universal Service Fund to provide assistance to companies like his, serving rural eastern Iowa, to build out its fiber to the home Fusion network to nearly every resident in its service area.  That’s a refreshing change of pace from the usual rhetoric from AT&T, Frontier, Verizon, and others.

Liberty Communications began service as the independent West Liberty Telephone Company in 1899.  It delivered telephone service for more than 100 years until January 2008, when the company announced it was going to construct its own fiber to the home network to provide television, telephone, and broadband service to its customers.  The Fusion network would expand later that year to start construction in nearby West Branch, the birthplace of Herbert Hoover, the nation’s 31st president.  By April 2009 the fiber network offered a true triple play package of services to customers in both cities. Fusion broadband customers can buy up to 20/2 Mbps service from Liberty.  For the rest of its service area, Liberty still relies on DSL service providing up to 3 Mbps, but believes fiber is the future for all of its customers.

The only question remaining is when forward-thinking policies at the FCC will be enacted to help that goal?

A pro-consumer group has released a new report that refutes claims from the telecommunications industry that broadband reform represents an investment killer and takeover of the Internet by the Obama Administration.

Free Press this week challenging 10 of the wildest claims in its report, “The Truth About the Third Way: Separating Fact from Fiction in the FCC Reclassification Debate.” Aparna Sridhar, Free Press’ Policy Counsel used publicly available evidence to effectively debunk the multi-million dollar lobbying campaign to stop broadband reform.

Unfortunately, more than a handful in Congress have accepted those discredited claims as fact.  Free Press hopes truth will prevail over the enormous money-fueled opposition effort, especially as the FCC begins proceedings next week on its proposed “Third Way” approach to broadband oversight. The agency is expected to issue a Notice of Inquiry and to seek public comment on the issues of broadband reform and reclassification.

A sampling from the report, which we encourage you to read:

Fiction #3: Placing broadband services back under the Commission’s explicit authority will stifle investment in broadband networks.

Fact: The FCC’s proposed policy merely preserves the status quo prior to the recent uncertainty created by the federal appeals court ruling. As a result, it should have little to no effect on company investment decisions.

Many industry representatives and investment analysts have dismissed the notion that the FCC’s Third Way will deter investment. Furthermore, history contradicts the claim that applying some of the rules contained in Title II of the Communications Act to broadband service providers (as the Commission has proposed) will adversely affect investment in the networks. Telecommunications industry investments soared during the period when carriers were subject to the full panoply of rules contained in Title II. Investments only began decreasing once the FCC began dismantling many of the pro-competition rules stemming from this part of the Communications Act.

As we've said at Stop the Cap! for two years now, providers' investments in upgrading and expanding their networks are declining, even as demand (and prices) for those services are increasing.

Fiction #4: Placing broadband services back under the FCC’s explicit authority will lead to job losses in the telecom sector.

Fact: The telecommunications sector accelerated its job-shedding following industry consolidation and FCC deregulation, a trend that continues unabated even as company revenues reach historic highs.

The notion that the FCC’s move to re-establish its authority over broadband networks will harm employment is also nothing more than unsupported rhetoric. The simple reality is this sector accelerated its job-shedding following industry consolidation and FCC deregulation. And this trend continued even as overall revenues in the sector continued to expand. Unfortunately, the underlying market economics and company statements suggest this trend will continue regardless of how the FCC acts on the regulatory authority question.

So much for the argument that regulation will cause job losses. As this plainly illustrates, even as profits fatten at AT&T, Qwest and Verizon, employment numbers are on a steep decline in today's deregulated marketplace.

Fiction # 7: The FCC’s Third Way proposal is an unprecedented power-grab which departs from Congress’s intent to leave the Internet unregulated.

Fact: The FCC’s proposal will bring the Commission’s approach to broadband networks in harmony with longstanding principles in communications policy. The law always has recognized a distinction between communications infrastructure (like broadband networks) and the content that travels over that infrastructure (such as websites on the Internet). In fact, it was the Powell FCC’s decision to abandon oversight over broadband networks that represented a radical and irresponsible shift — by treating basic connectivity services just like content, the Powell FCC undermined the Commission ability to make pro-competitive, pro-consumer policies in the broadband space. This FCC’s proposal would return to the first principles of communications policy that fostered innovation, competition and investment in the first place.

Fiction #8: The FCC’s proposal would amount to a “government takeover of the Internet.”

Fact: The FCC’s proposal would draw a line between basic two-way communications — which have always been regulated by the FCC — and Internet applications and websites, which would remain unregulated by the FCC. None of the parties in the debate before the FCC have suggested that the FCC impose any kind of content regulation on the Internet. Nor has anyone suggested that the government take over the physical infrastructure that forms the Internet. Rather, the FCC is proposing to apply some basic, light-touch rules of the road to the owners of broadband networks.

These rules will attempt to encourage private investment, promote competition, and foster innovation, economic growth, and job creation. Further, restoring its regulatory framework back in harmony with the law will insure the FCC has basic consumer protection authority.

While your cable and broadband bill increased in 2010, so did the net worth of some of Time Warner Cable’s top executives, compensated in part with shares of company stock.

Chairman, President & CEO Glenn Britt sold 50,000 shares of TWC stock on 02/26/2010 at the average price of $46.44 a share.  While he ponders whether or not to slap limits on your Road Runner broadband service, he can run his fingers through a cool $2,322,000 from this stock sale alone. If you want your child to score big time in investments in the future, then it might wise to look into information such as junior stocks and shares ISA.

Chief Operating Officer Landel C. Hobbs, the man that said Time Warner Cable needed the money earned from Internet Overcharging to afford costly network upgrades, did better than Britt last week when he sold 57,000 shares at an average price of $54.58 a share.  Perhaps chipping in some of that $3,111,160 in extra compensation would help things along.

It doesn’t just stop there:

• Senior EVP & CFO Robert D Marcus sold 28,504 shares of TWC stock on 05/27/2010 at the average price of $54.21 — $1,545,201.84
• TWC Ventures Carl Uj Rossetti sold 13,154 shares of TWC stock on 05/27/2010 at the average price of $54.40 — $715,577.60
• EVP & Chief Technology Officer Michael L Lajoie sold 9,169 shares of TWC stock on 05/03/2010 at the average price of $56.37 — $516,856.53
• EVP & Chief Strategy Officer Peter C Stern sold 3,676 shares of TWC stock on 04/26/2010 at the average price of $55 — $202,180
• EVP & Chief Strategy Officer Peter C Stern sold 1,483 shares of TWC stock on 04/05/2010 at the average price of $53.32 — $79,073.56
• EVP, General Counsel & Secretary Marc Lawrence-Apfelbaum sold 1,394 shares of TWC stock on 04/05/2010 at the average price of $53.32 — $74,328.08

In total, for just the months of April and May and the first week of June, seven executives have extracted more than $8.5 million dollars for themselves.

You got a rate increase to help make all that possible.

Spangler

While the mainstream media and some of AT&T’s apologists tell consumers AT&T’s 2 GB monthly usage limit will impact only a handful of “abusers,” the cable trade press is telling its readers the industry insider’s secret — consumers will blow right through those caps.

Todd Spangler, who is an Internet Overcharging advocate and columnist for Multichannel News, a cable industry trade magazine, writes the implications of AT&T’s usage cap couldn’t be clearer to him.

The new iPhone 4, introduced yesterday to the predictable media crush, provides 10 hours of battery life for playing video, among other features.

But now that AT&T has eliminated its all-you-can-eat plan for smartphones, you will blow through the maximum 3G usage for the entry-level 200 MB plan if you watched just 4 minutes of streaming video per day. That would include commercials.

Even AT&T’s more generous DataPro 2-GB plan would allow just 35 minutes per day of streaming video (assuming you used your iPhone for nothing else), according to the carrier’s online data calculator.

Like a stopped watch, at least he’s right twice a day.

Spangler celebrates the opportunity AT&T’s overcharging scheme provides the cable industry to “grease the skids” for data caps and overpriced consumption billing on cable modem service.

In Spangler’s “Cable companies pay my salary”-world-view, it wasn’t that Time Warner Cable did the wrong thing when it tried to triple broadband pricing — to $150 a month — for the exact same level of service customers previously enjoyed.  It was all about its execution.

Spangler characterizes Time Warner Cable CEO Glenn Britt as a victim, burned over the company’s failed overcharging experiment in 2009.  When one plays with matches, is it any surprise there are consequences?

Consumers will respond to more overcharging schemes the same way they did a year before — with overwhelming condemnation and opposition.  It’s hard to convince consumers to pay a higher price for limits on usage while telling shareholders you’ve invested less to expand your network, charged more to access it, all while the costs to provide the service have dropped dramatically.  Consumers call that out for what it is: greed.

Make no mistake, consumers hate usage caps and overpriced consumption billing and Time Warner Cable has no justification to introduce either.

[flv]http://www.phillipdampier.com/video/CNBC ATT Cuts Unlimited Data 6-2-10.flv[/flv]

Normally business-friendly CNBC covers the introduction of the 2 GB usage cap on AT&T smartphone data usage.  Then the CNBC anchor got skeptical about AT&T’s claims this was good news for consumers, admitting she hates overcharging schemes that deliver a surprise on the bill at the end of the month.  Lance Ulanoff, editor of PC Magazine expressed some doubts himself.  (8 minutes)

Stop the Cap! reader Bones sends word the FCC needs volunteers to help keep America’s broadband providers honest about their speed claims.  But the agency warns heavily usage capped consumers they probably shouldn’t apply, and anyone consuming over 30 GB per month is disqualified.

The FCC SamKnows Broadband Community aims to gather and report statistical data on the performance of America’s broadband providers.  Thus far, most of the earlier speed results being studied by public officials come from data aggregated from voluntary visits to speed test websites.  But the data is subject to considerable variation depending on the speed test site chosen, traffic and capacity issues that only impact the route to the test site, and what else a consumer may doing with their connection during the test.  Many also conduct speed tests when a technical problem is apparent, using the speed test site to verify their suspicions.

The FCC will send 10,000 volunteers a free router that will hook up to one’s broadband connection and quietly test it several times daily.  Comprehensive measurements to be taken include latency, packet loss, DNS query times and failures, web page loading times, as well as the obligatory suite of speed tests.  The testing is done in the background and the results are uploaded to SamKnows for review.  The FCC can use the data from all of the volunteers to identify the true performance of national and regional Internet Service Providers.  Do their speed claims actually match reality?  Do they suffer from congestion problems and at what times of day?

One group of ISPs the agency will have trouble measuring are those that heavily limit their customers’ use.  In fact, the Test My ISP website warns off customers with low data caps because the project is expected to send and receive about 4 gigabytes of data in full over the course of each month. While the program designers felt that much data was so insignificant it would not create a problem, some greedy ISPs out there beg to differ.  With some providers offering usage allowances at 5 or fewer gigabytes per month, the FCC quickly learned it doesn’t want to be responsible for spiking consumer broadband bills with any overlimit fees.

As a result, they’ve asked those usage capped consumers to think twice about applying for the traditional testing program:

Our units download approximately 2GB per month and upload around 2GB. If you’re on a product with a low usage cap then we’d advise against signing up, or at least informing us beforehand so that we can apply a different testing profile.

The FCC also isn’t interested in sending test units to customers they designate as “heavy downloaders”:

We’d classify anything above 30GB per month as being too heavy for us to gather useful results.

With the increasing use of multimedia content and other high bandwidth applications being released to the Internet masses, we beg to differ with the arbitrary definition that 30 GB constitutes “heavy downloading.”  We understand the agency doesn’t want other online usage to create an issue for the accuracy of its speed tests, but they should take better care with their language.  One could use a file backup service and easily consume more then 30 GB uploading and never download more than a gigabyte.

A screenshot of the types of data SamKnows will be collecting and measuring (click to enlarge)

Other restrictions:

• You have a fixed line broadband Internet connection to your residence.  This is not for WISPs, mobile broadband, or other wireless broadband services.
• You use a standalone device to connect to your broadband service – i.e not a USB ADSL modem.
• You have a stable broadband connection (i.e. it doesn’t disconnect frequently). Note that this is just referring to the connection – not the speed.
• You have a spare power socket near your existing router (or wherever you plan to connect the unit. Keep in mind that a network cable must run between the unit and your router though! We supply a 1m cable).
• You need to be on one of the ISPs that we’re measuring.
• You are not an employee or a family member of an employee of one of the ISPs being monitored.

Also, you must agree to the following:

• Not to unplug the unit or your ISP’s router unless I’m away for an extended period of time.
• Not attempt to reverse engineer or alter the unit.
• To notify Samknows if and when I choose to change ISPs.
• To return the unit to Samknows should I no longer wish to be involved (Samknows to pay reasonable postage costs).
• To connect the unit in the way described in the documentation.
• To keep Samknows updated with valid contact details (i.e. email and postal address).

SamKnows is a British company hired by the FCC to conduct the speed test project.  SamKnows is already familiar to British broadband consumers for its comprehensive broadband availability checker showing all of the broadband choices available based on the address where service is to be installed.

The company also reports on broadband news, mostly impacting Europe.

And before the paranoid start suggesting this is Obama’s Internet Spy Box, SamKnows offers this:

However, the unit simply acts as a standard switch or standard router and does not look at any of the packets flowing across your network. It only monitors traffic volumes for the purposes of deciding when to run (or not to run!) the tests and to measure consumption.

Testing information uploaded from the unit to our servers contains no information about you whatsoever. Furthermore, all such communications are encrypted, ensuring that results cannot be tampered with en-route.

Your individual unit’s test results will be available to you alone. Your unit’s results will also be aggregated with others from the same ISP to form a larger average set of results that can be viewed publicly.

We have absolutely no intention of doing anything that may adversely affect your privacy or security.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/ITN News Ofcom report says broadband is not up to speed 7-28-09.flv[/flv]

The implications for the FCC’s national speed test program could mimic Great Britain’s, where providers were held to account for wide variations between speeds promised and those actually delivered.  Meaningful broadband reform in the States could include a requirement that providers’ marketing claims be provable, compelling at least some to perform competitive upgrades instead of delivering broken promises.  This ITN News report from last summer illustrates what happened when UK provider speed claims were put to the test.  (3 minutes)