Eshoo

Rep. Anna Eshoo (D-Calif.), the ranking member on the House Energy and Commerce Communications Subcommittee, will shortly reintroduce legislation that will require wireless companies to disclose more information about the anticipated speeds of their 4G wireless networks.

Eshoo announced her legislative intentions Tuesday at the Broadband Breakfast Club, telling attendees it was important for consumers to know what they are getting before signing a two-year contract.

The anticipated legislation is expected to mirror Eshoo’s 2011 bill — the Next Generation Wireless Disclosure Act (HR 2281), which never made it out of the Republican-dominated House committee.

Eshoo said consumers need clear and concise explanations of data limits, caps, or network management policies that can turn a fast 4G connection into a very slow or expensive one.

Many of the former bill’s supporters echoed carriers use “4G” as a marketing tool which can lead to consumer confusion. Networks ranging from Clearwire’s WiMAX service to T-Mobile’s HSPA+ to Verizon Wireless’ LTE network have all been dubbed “4G,” despite offering widely varying maximum speeds.

Consumers have also faced bill shock when they do not understand their monthly data limits.

Like the last bill, Eshoo’s newest effort is expected to face stiff opposition from wireless carriers and House Republicans, but may raise the temperature on data caps at the Federal Communications Commission, which has faced increasing pressure to become more involved in the issue of usage limits and consumption pricing.

All new homes must be equipped with fiber broadband connections if they are located in a county or city where fiber service is provided, according to a new mandate from China’s Ministry of Industry and Information Technology.

The Chinese government has learned turning over national broadband policy to self-regulating providers reluctant to invest in super-fast broadband service is a mistake other countries will pay for dearly as they fall behind in broadband rankings and digital opportunities only available to the broadband “well-connected.”

Now the government has taken measures to level the playing field for ordinary consumers and businesses who will share the right to equal service from various telecommunications companies over the country’s state-of-the-art fiber to the premises network.

The mandate takes effect April 1, and is anticipated to bring explosive growth in domestic fiber broadband, according to the China Daily.

With an open fiber network, expensive network redundancy and cherry-picking lucrative customers are reduced or eliminated, allowing the country to deploy fiber more rapidly in areas providers would typically deem “unprofitable.”

The new fiber policy will mean at least 40 million Chinese homes will have fiber broadband by 2015. China Unicom (Hong Kong) Ltd., the nation’s second largest telecom company, is among the most aggressive providers, adding 10 million Chinese families to its fiber network in the last year alone.

The bare minimum fiber speeds for Chinese families will be 4Mbps in rural areas, 20Mbps in urban zones, with 95 percent of the country blanketed with broadband within a few years.

The Chinese government’s broadband plan is laser-focused on fiber optics, with satellite and wireless service filling in rural coverage gaps. The country sees 21st century broadband as a national priority and is well on its way even as North American broadband companies are pulling back on fiber deployments. Instead, American and Canadian companies are incrementally upgrading inferior copper wire and cable HFC broadband networks. The Chinese government does not believe these older technologies will suffice.

Optical fiber manufacturers who assumed telecom companies in North America would continue aggressive fiber deployments and ramped up optical fiber production as a result have taken a financial beating, slashing prices to reduce inventory. The price for fiber cable has dropped at least 90 percent in the past decade. The Chinese government has even resorted to tariffs to stop American and European manufacturers from dumping fiber cables and equipment at rock bottom prices to the detriment of its domestic manufacturers.

China remains the largest driver in global fiber demand. In 2011, China accounted for about 50% of the global demand, reaching nearly 60 percent by the end of 2012.

A CenturyLink official made a remarkable concession in the state of Minnesota last week when he admitted the state’s community-owned broadband networks are better equipped to deliver 21st century broadband speeds that CenturyLink simply cannot provide.

Duane Ring, midwest region president for CenturyLink publicly told an audience at a Minnesota High Tech Association-sponsored discussion in Minneapolis that community-owned networks don’t have to meet shareholder demands for return on investment and other corporate metrics that have left CenturyLink broadband customers with far lower speeds than municipal broadband customers. Minnesota Public Radio was on hand:

Noting that CenturyLink wants every customer it can find, Ring pointed out that the company nonetheless needs a return on investment that satisfies shareholders and meets the demands of larger commitments and fiduciary responsibilities.

The small phone companies that have laid high-speed fiber networks, some of whom are cooperatives whose customers are the owners “can make decisions that maybe the economic return is 25 years,” Ring said. “They can do that.”

CenturyLink concedes Paul Bunyan offers better speeds over a superior network.

Only 62 percent of Minnesotans can today purchase what qualifies as broadband service. Those lucky enough to be served by public providers like Paul Bunyan in the Bemidji area and Farmers Mutual Telephone in western Minnesota benefit from some of the fastest broadband speeds in the state. That is because those cooperatives and public ventures laid fiber optic cables connected to individual homes. Those in rural Minnesota served by CenturyLink or Frontier get much less from slow speed, copper-based DSL, if they can get broadband at all.

CenturyLink has proven itself an obstacle for community broadband, opposing the construction of improved networks in areas they already service, condemning rural customers to substandard broadband speeds indefinitely. While the company says it is not opposed to public-private partnerships, any attempt to bypass them will result in a hornet’s nest of legal protests and blocking actions.

While community-owned networks struggle for financing and approval in a hostile atmosphere created by incumbent providers, the government is handing out money to companies like CenturyLink to get them to extend their slow speed DSL network. CenturyLink is spending $11 million in Connect America funds in Minnesota alone.

In other areas, residents have no interest in waiting around for single digit DSL speeds. In Lac qui Parle County in western Minnesota, local officials have joined Farmers Mutual Telephone to build a fiber network.

CenturyLink’s admission proves it answers first to shareholders, much later to customers.

Isiogu

A current member of the Michigan Public Service Commission is penning guest editorials featuring AT&T’s favorite talking points: promoting the company’s deregulatory agenda and providing false memes about Internet Overcharging schemes like usage caps and consumption billing.

Orjiakor N. Isiogu, co-vice chairman of the National Association of Regulatory Utility Commissioners Committee on Telecommunications and member and immediate past chairman of the Michigan Public Service Commission wrote nearly identical pieces appearing in The Hill, the Detroit Free-Press and the Battle Creek Enquirer that included misleading claims that could have come straight from an AT&T lobbyist’s “fact sheet.”

A sample:

The federal government has used the telecom industry as a model of how competition could be a better elixir than the guiding hand of government regulation. And the results are impressive. The high-speed Information Superhighway touches 95 percent of the U.S., and most consumers can choose from among six or more wireless or wireline providers (90 percent can choose from at least two). And the price of Internet access — measured by megabits per second — has fallen 87 percent since 1999, even as the speed has increased tenfold;

80 percent of U.S. homes now have access to download speeds of 100 megabits per second, and 4G wireless service will soon be available nationwide, with speeds of up to 20 megabits per second;

Despite the evidence, however, there are those who wonder whether there is sufficient competition for Internet access, whether speeds are too slow and prices too high. Others object to new pricing plans that allow a consumer to purchase the amount of bandwidth that best suits his needs.  In fact, some have asked the government to stop these new tailored pricing plans, even though these plans save nearly all consumers from having to underwrite the “outliers” whose monthly usage is gigantic — over 300 GBs a month or the equivalent of over 500 standard definition movies;

And if Teddy Roosevelt were with us today, he would likely argue that we can walk and chew gum at the same time, pointing to the banking industry as an example of industry excesses in need of a public check and the telecom industry as an example of how private competition, with occasional nudges, could better make the markets work.

In reality, if Teddy Roosevelt were alive today, he’d ask why a state commissioner working for the public is instead carrying water for the large telecommunications companies he oversees.

Did Roosevelt advocate the government keep their hands off AT&T and other consolidating telecom companies?

Isiogu doesn’t know his history either.

Roosevelt made no distinctions between the excesses of one industry over another. He strongly believed all major interstate corporations (and that would cover Isiogu’s friends at AT&T, Comcast, and other big telecom companies) should be subject to federal regulation and, in some cases, have their rates set by the government to ensure the public was charged fairly for the services they received. Roosevelt learned his lesson well from the oil, railway, and tobacco trusts his government sued to break up after years of consolidation and rapacious greed at the public’s expense. Those companies all claimed to be competitive as well.

Few industries have consolidated faster than the telecom sector, which is gradually rebuilding the Bell System in AT&T and Verizon’s image and a cable cartel that agrees never to compete directly with other cartel members.

Isiogu’s “facts” are disturbingly incomplete and misleading for a telecom regulator ostensibly serving the public interest.

For example, his claim that Americans can choose among six or more different providers ignores the fact AT&T and Verizon are counted twice (wired and wireless), no competition exists among multiple cable operators or phone companies, and many of the other options Isiogu counts (almost always wireless) do not provide coverage in suburban and rural Michigan. The average consumer in the U.S. has two practical choices for broadband — the cable or phone company.

While Isiogu sings the praises of American broadband, the rest of us have watched the price of Internet service continue to increase, whether customers want faster speeds or not. The industry itself admits it can raise prices because the competitive landscape and consumer love of broadband gives companies “pricing power.”

He also doesn’t mention the price of 100Mbps service or the fact it is not offered by either AT&T or (outside of one city) Time Warner Cable — both industry leaders. Wireless is no panacea either. 4G service may offer faster speeds, but usage plans that start with just a 1GB allowance make it hard (and expensive) to take advantage of the technology improvements. Just a few years ago those plans offered unlimited access.

Isiogu also tapdances around the fact no broadband provider in the country wants to sell a “pay for what you use” plan. Instead, companies create usage allowances that come with steep overlimit fees and, as AT&T executives have told shareholders, deliver limitless potential revenue growth as subscribers are forced to upgrade as their usage grows.

Most consumers favor and appreciate unlimited-use plans for predictable pricing and ease of mind. But flat rate plans ruin providers’ goals to monetize broadband usage and are usually eliminated when consumption pricing arrives, another fact Isiogu does not bother to disclose.

Isiogu has gotten remarkably cozy with the industry he oversees, even resorting to mind-bending pretzel logic that calls regulation for the banking sector a good idea and oversight of his industry friends a disaster.

What is disturbing is while Isiogu pens these industry friendly guest editorials in his spare time, he is also in a position of power to oversee and regulate these same companies in the public’s interest.

That represents a clear conflict of interest Teddy Roosevelt could see and feel from his grave.

Telecom door fees and other accommodations are often illegal under New York State law.

More details are emerging over Verizon’s complaint to the New York Public Service Commission after the company was refused entry to several New York multi-dwelling buildings to restore phone service after Hurricane Sandy and upgrade tenants to the company’s fiber optic network FiOS.

The New York Times reports the management blockade of telecom companies is nothing new. In some instances, landlords even expect to receive compensation for unlocking the front door for Verizon and Time Warner Cable, despite the fact it is illegal.

Verizon spokesman John Bonomo declined to tell the newspaper how much landlords are asking, but cable industry executives tell stories of building owners demanding as much as $150 per apartment in what they call “door fees.”

Verizon noted DSA Management, the company that takes care of 11 Maiden Lane, has asked for compensation. Theoretically, if DSA requested the same amount, it would run more than $10,000.

A DSA Management executive claims tenants in the building never lost phone service because of the storm and had no interest in the additional services Verizon FiOS had to offer. But a Stop the Cap! reader living in one of the impacted buildings shared a very different story with us.

“My phone has not worked right since even before Sandy hit,” shares a reader who wishes to remain anonymous to avoid possible retaliation. “You can get a dial tone but you also get to hear half of Manhattan when you make a phone call. I can’t hear myself over the other conversations. Verizon has let their copper network go to crap.”

The reader says Verizon is aware of the problem and a trouble ticket is open, and the company indicated it was having trouble arranging access to fix the problem.

“I want FiOS yesterday. I guess some of these building owners already have it and will let us have it if the kickback is finally high enough. Time Warner Cable comes and goes whenever they like.”

Bonomo told the Times Verizon has paid “nominal fees” to building owners before, ostensibly to post fliers and set up sales tables in the lobby.

In some states, renters don’t have much of a choice. Cable operators have been known to sign lucrative deals with property owners to sign everyone in the complex up for cable, bundling the monthly bill into rent payments or mandatory fees. Customers can refuse the service, but they will still pay for it.

Some building owners claim they have a natural hesitancy allowing telecom companies into their buildings because they do not always take care to hide their work or avoid inconveniencing tenants with noise or damage.

TF Cornerstone says Verizon should not be in a hurry to effect repairs at 2 Gold Street or 201 Pearl Street. Both luxury high-rises have been uninhabitable since Sandy struck and until heat, hot water, and electricity is back, FiOS can wait, they say.