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Halloween Scare Stories: Controlling the “Spectrum Shortage” Data Tsunami With Rate Hikes, Caps

Phillip Dampier October 25, 2012 Astroturf, AT&T, Broadband "Shortage", Competition, Consumer News, Data Caps, Editorial & Site News, Public Policy & Gov't, Sprint, T-Mobile, Verizon, Video, Wireless Broadband Comments Off on Halloween Scare Stories: Controlling the “Spectrum Shortage” Data Tsunami With Rate Hikes, Caps

Phillip “Halloween isn’t until next week” Dampier

Despite endless panic about spectrum shortages and data tsunamis, even more evidence arrived this week illustrating the wireless industry and their dollar-a-holler friends have pushed the panic button prematurely.

The usual suspects are at work here:

  • The CTIA – The Wireless Association is the chief lobbying group of the wireless industry, primarily representing the voices of Verizon, AT&T, Sprint, and T-Mobile. They publish regular “weather reports” predicting calamity and gnashing of teeth if Washington does not immediately cave to demands to open up new spectrum, despite the fact carriers still have not utilized all of their existing inventory;
  • Cisco – Their bread is buttered when they convince everyone that constant equipment and technology upgrades (coincidentally sold by them) are necessary. Is your enterprise ready to confront the data tsunami? Call our sales office;
  • The dollar-a-holler gang – D.C. based lobbying firms and their astroturf friends sing the tune AT&T and Verizon pay to hear. No cell company wants to stand alone in a public policy debate important to their bottom line, so they hire cheerleaders that masquerade as “research firms,” “independent academia,” “think tanks,” or “institutes.” Sometimes they even enlist non-profit and minority groups to perpetuate the myth that doing exactly what companies want will help advance the cause of the disenfranchised (who probably cannot afford the bills these companies mail to their customers).

Tim Farrar of Telecom, Media, and Finance Associates discovered something interesting about wireless data traffic in 2012. Despite blaring headlines from the wireless industry that “Consumer Data Traffic Increased 104 Percent” this year, statistics reveal a dramatic slowdown in wireless data traffic, primarily because wireless carriers are raising prices and capping usage.

The CTIA press release only quotes total wireless data traffic within the US during the previous 12 months up to June 2012 for a total of 1.16 trillion megabytes, but doesn’t give statistics for data traffic in each individual six-month period. That information, however, can be calculated from previous press releases (which show total traffic in the first six months of 2012 was 635 billion MB, compared to 525 billion MB in the final six months of 2011).

Counter to the CTIA’s spin, this represents growth of just 21 percent, a dramatic slowdown from the 54 percent growth in total traffic seen between the first and second half of 2011. Even more remarkably, on a per device basis (based on the CTIA’s total number of smartphones, tablets, laptops and modems, of which 131 million were in use at the end of June), the first half of 2012 saw an increase of merely 3 percent in average wireless data traffic per cellphone-network connected device, compared to 29 percent growth between the first and second half of 2011 (and 20-plus percent in prior periods).

[…] What was the cause of this dramatic slowdown in traffic growth? We can’t yet say with complete confidence, but it’s not an extravagant leap of logic to connect it with the widely announced adoption of data caps by the major wireless providers in the spring of 2012. It’s understandable that consumers would become skittish about data consumption and seek out free WiFi alternatives whenever possible.

Farrar

Cisco helps feed the flames with growth forecasts that at first glance seem stunning, until one realizes that growth and technological innovation go hand in hand when solving capacity crunches.

The CTIA’s alarmist rhetoric about America being swamped by data demand is backed by wireless carriers, at least when they are not talking to their investors. Both AT&T and Verizon claim their immediate needs for wireless spectrum have been satisfied in the near-term and Verizon Wireless even intends to sell excess spectrum it has warehoused. Both companies suggest capital expenses and infrastructure upgrades are gradually declining as they finish building out their high capacity 4G LTE networks. They have even embarked on initiatives to grow wireless usage. Streamed video, machine-to-machine communications, and new pricing plans that encourage customers to increase consumption run contrary to the alarmist rhetoric that data rationing with usage caps and usage pricing is the consequence of insufficient capacity, bound to get worse if we don’t solve the “spectrum crisis” now.

So where is the fire?

AT&T’s conference call with investors this week certainly isn’t warning the spectrum-sky is falling. In fact, company executives are currently pondering ways to increase data usage on their networks to support the higher revenue numbers demanded by Wall Street.

If you ask carriers’ investor relations departments in New York, they cannot even smell smoke. But company lobbyists are screaming fire inside the D.C. beltway. A politically responsive Federal Communications Commission has certainly bought in. FCC chairman Julius Genachowski has rung the alarm bell repeatedly, notes Farrar:

Even such luminaries as FCC Chairman Julius Genachowski has stated in recent speeches that we are at a crisis point, claiming “U.S. mobile data traffic grew almost 300 percent last year” —while CTIA says it was less than half that, at 123 percent. “There were many skeptics [back in 2009] about whether we faced a spectrum crunch. Today virtually every expert confirms it.”

A smarter way of designing high capacity wireless networks to handle increased demand.

So how are consumers responding to the so-called spectrum crisis?

Evidence suggests they are offloading an increasing amount of their smartphone and tablet traffic to free Wi-Fi networks to avoid eroding their monthly data allowance. In fact, Farrar notes Wi-Fi traffic leads the pack in wireless data growth. Consumers will choose the lower cost or free option if given a choice.

So how did we get here?

When first conceived, wireless carriers built long range, low density cellular networks. Today’s typical unsightly cell tower covers a significant geographic area that can reach customers numbering well into the thousands (or many more in dense cities). If everyone decides to use their smartphone at the same time, congestion results without a larger amount of spectrum to support a bigger wireless data “pipe.” But some network engineers recognize that additional spectrum allocated to that type of network only delays the inevitable next wave of potential congestion.

Wi-Fi hints at the smarter solution — building short range, high density networks that can deliver a robust wireless broadband experience to a much smaller number of potential users. Your wireless phone company may even offer you this solution today in the form of a femtocell which offloads your personal wireless usage to your home or business Wi-Fi network.

Some wireless carriers are adopting much smaller “cell sites” which are installed on light poles or in nearby tall buildings, designed to only serve the immediate neighborhood. The costs to run these smaller cell sites are dramatically less than a full-fledged traditional cell tower complex, and these antennas do not create as much visual pollution.

To be fair, wireless growth will eventually tap out the currently allocated airwaves designated for wireless data traffic. But more spectrum is on the way even without alarmist rhetoric that demands a faster solution more than  a smart one that helps bolster spectrum -and- competition.

Running a disinformation campaign and hiring lobbyists remains cheaper than modifying today’s traditional cellular network design, at least until spectrum limits or government policy force the industry’s hand towards innovation. Turning over additional frequencies to the highest bidder that currently warehouses unused spectrum is not the way out of this. Allocating spectrum to guarantee those who need it most get it first is a better choice, especially when those allocations help promote a more competitive wireless marketplace for consumers.

[flv width=”600″ height=”358″]http://www.phillipdampier.com/video/KGO San Francisco FCC considers spectrum shortage 9-12-12.flv[/flv]

KGO in San Francisco breaks down the spectrum shortage issue in a way ordinary consumers can understand. FCC chairman Julius Genachowski and even Google’s Eric Schmidt are near panic. But the best way to navigate growing data demand isn’t just about handing over more frequencies for the exclusive use of Verizon, AT&T and others. Sharing spectrum among multiple users may offer a solution that could open up more spectrum for everyone.  (2 minutes)

AT&T Hints Wireless Will Be AT&T’s Rural Broadband Solution; ‘Customers Will Pay More’

AT&T: Landlines may be a thing of the past in rural areas served by AT&T.

AT&T customers in the company’s rural service areas are likely to see wireless broadband as AT&T’s answer to rural America’s demand for Internet access.

Speaking on AT&T’s quarterly results conference call, Ralph de la Vega, president and CEO of AT&T Mobility and Consumer Markets yesterday previewed the forthcoming investor and analyst conference scheduled for Nov. 7 to discuss AT&T’s future in the rural landline business.

“I think there is a place in some rural areas where I see the outline, that [wireless] could serve as an alternative to wired broadband,” de la Vega told a Wall Street analyst from Goldman Sachs. “We are going to be talking to you about that on November 7, giving you more details about our thinking of how we can use this technology. And, quite frankly, the customer reception to the technology [is good] in terms of their willingness to pay for great quality data in large, large amounts.”

Some analysts anticipate AT&T is also likely to announce some additional expansion of the company’s U-verse platform to an additional 3-5 million customers that were not previously scheduled to see the service in their area. The build-out would take 12-18 months to complete. But that still leaves up to 15 million rural AT&T customers with either no broadband or the company’s slower DSL service. For many of them, AT&T sees wireless Internet in their future.

At the core of AT&T’s wireless broadband solution is the company’s LTE 4G network. AT&T is stressing it intends to roll out LTE upgrades in both rural and urban areas, unlike its nearest rival Verizon Wireless, which has prioritized upgrades on urban areas. AT&T claims its current network performs at speeds of 5-12Mbps — faster in low demand areas. In areas where AT&T has not bothered to provide DSL service, the company has repeatedly stressed it believes wireless delivers the best bang for the buck.

Unfortunately for rural consumers, access is not likely to come cheap, congestion will reduce overall speeds, and plans will include usage caps that are draconian in comparison to the company’s wired broadband services.

AT&T is a strong believer is monetizing data usage by gradually eliminating the unlimited data plan the company started at the dawn of the smartphone era. The future at AT&T is usage-based pricing.

“I think that more customers we have on usage-based plans the better we are,” de la Vega told investors.

In the last quarter alone, AT&T earned $6.6 billion from its wireless data service — up more than $1 billion (18%) compared to the same quarter last year.  AT&T now takes $26 billion annually to the bank just from its wireless data earnings.

Six Strikes Copyright Enforcement Getting Ready to Launch: Torrents Are Primary Target

AT&T will begin sending out anti-piracy warning notices to subscribers caught downloading copyrighted content from torrent sites starting Nov. 28.

The new anti-piracy measures are part of a joint agreement between the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), and five major national ISPs to help curtail content theft.

TorrentFreak obtained internal AT&T training documents that outline how AT&T will deal with customers suspected of illicit downloading. After a series of warnings, AT&T intends to block access to websites suspected of copyright infringement until a customer successfully completes a course on online copyright law. Eventually, those caught repeatedly downloading pirated movies and music could face legal action after AT&T turns over the identities of suspect customers. Gone from early draft proposals are suggestions that ISPs will throttle or suspend service altogether for repeat violators.

Late reports indicate that other ISPs participating in the copyright enforcement action — Cablevision, Comcast, Time Warner Cable and Verizon — will also launch their own programs on the same date.

Most at risk are customers who frequent peer-to-peer file sharing sites. Tracking BitTorrent traffic is a priority for the newly-launched Center for Copyright Information (CCI) — a joint venture run by the ISPs in coordination with the MPAA and RIAA.

While not all peer-to-peer file traffic consists of illicit swapping of copyrighted works, some high profile torrent sites are among the first choices for consumers looking for free movies or music. CCI believes its Copyright Alert System (CAS) is primarily an educational tool for consumers who may not realize they are stealing copyrighted content. With its “six warnings” policy, CCI wants consumers to take action to protect themselves, their Internet accounts, and home networks well before any legal action is taken.

The latest implementation of the Copyright Alert System has watered down some of its earlier provisions, which could have put a customer’s Internet account at risk of being speed throttled or canceled. For now, consumers will receive six warnings about any suspected copyright infringement:

  • The first three strikes carry no consequences and are intended to serve as informational warnings that the downloading of copyrighted content may be taking place;
  • The fourth and fifth strikes will trigger forced browser redirects to a copyright education page and an online course on copyright law that must be successfully completed before the customer can once again visit suspect websites;
  • Strike six means AT&T (and presumably other ISPs) will turn over the IP addresses of repeat offenders and comply with any subsequent court orders requesting the identity of the customer for possible legal action. AT&T does not say it will terminate the customer’s account, but does remind customers to be mindful of its Acceptable Use Policy, which does allow them to terminate service for illegal acts.

Edward Stroz

Consumers caught allegedly downloading copyrighted content can protest their innocence, but a $35 refundable filing fee is required to begin the arbitration process. If a consumer proves the files downloaded were not illegally obtained or that their account was flagged in error, they can have the warning canceled and get their filing fee refunded. But there are no penalties for CCI, its copyright tracking arm run by MarkMonitor, or the ISP if the copyright tracking system gets it wrong.

Critics of the copyright enforcement scheme claim it delivers too many benefits for CCI and its industry backers and insufficient protection for consumers misidentified during copyright infringement dragnets.

For-profit copyright tracking companies have made false allegations in the past, forcing CCI to hire an “independent and impartial technical expert” to verify the accuracy and security of the tracking technology used. CCI hired the firm of Stroz Friedberg as their expert.

Critics charge Stroz Friedberg is actually a recording industry lobbying firm, who worked with the RIAA for five years, earning $637,000.

Eric Friedberg

“It’s a disappointing choice, particularly in light of CCI’s professed desire to build public confidence in CAS and the fairness of its processes,” University of Idaho Law Professor Annemarie Bridy told TorrentFreak. “It would have been refreshing to see an academic computer scientist or some other truly independent party appointed to fill that important role.”

Bridy calls CCI’s Copyright Alert System lacking in transparency and stacked in favor of copyright holders, not consumers.

Stroz Friedberg’s appointment has also raised eyebrows among others that suggest their past lobbying violates the spirit of a Memorandum of Understanding signed by all parties requiring “independent and impartial” oversight.

“CCI’s choice of a former RIAA lobbying firm makes it clear that the copyright owner parties to the Memorandum of Understanding were more interested in appointing someone they trust than in appointing someone the public can trust,” Bridy adds.

Network World columnist Steven Vaughan-Nichols worries this is just the beginning of another copyright enforcement overreach:

The name of their game is to monitor your network traffic, with the help of your friendly ISP. Their justification for this is the usual made-up “facts” that content theft leads to “more than 373,000 jobs, $16 billion in lost wages, and $2.6 billion in lost taxes.” Yeah, I’m also sure someone downloading copyrighted porn leads to cats and dogs living together.

One reason I can’t buy into all this is that, as TorrentFreak points out, the Center’s expert who vouches that this all works is none other than Stroz Friedberg, a former RIAA lobbyist. Oh yeah, he doesn’t have bias for paranoid copyright protection companies.

What this means for you is that if your ISP is AT&T, Cablevision, Comcast, Time Warner, or Verizon, they’ll be watching your use of BitTorrent and letting CCI decide if you deserve some warnings, an end to your Internet service, or a full-out lawsuit.

[…] The RIAA, the MPAA, and other copyright “protectors” have never done anything for content creators. They’re all about protecting the businesses stuck with old, broken, pre-digital business models. Even that wouldn’t be so bad, except historically they’ve always vastly over-reacted.

We all know the stories of some poor slob who’s been slammed with tens of thousands of damages for downloading a song. What you may not know is that all the powers that be have to do is to claim something is copyrighted, whether it is or not, and multiple websites can be closed in minutes or your entire digital library can be destroyed.

Does that sound like paranoid fantasy? I wish.

[…] Oh yeah, I feel really sure that the CCI and friends are going to do a good job. Welcome to the new copyright world, same as the old, where you’re always considered guilty rather than that quaint idea of being considered innocent before proven otherwise.

CCI admits sophisticated pirates will probably never get caught by its Copyright Alert System, because most of them are moving to secured Virtual Private Network (VPN) technology that effectively masks their identities. TorrentFreak notes sales for VPN’s are skyrocketing, many headquartered far away from the reach of the United States in exotic, subpoena-proof locations like Cyprus, the Seychelles, Romania, and Ukraine.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/RT Thom Hartmann Copyright Alert System 3-20-12.flv[/flv]

RT’s Thom Hartmann presided over a debate about online copyright theft control measures proposed earlier this year by the entertainment industry and Internet Service Providers. Appearing with Hartmann are David Seltzer, Attorney & Mark Bledsoe. (March 20, 2012) (12 minutes)

Former Head of Cable Lobby Could Be Romney’s Pick for FCC Chairman

Phillip Dampier October 23, 2012 Comcast/Xfinity, Public Policy & Gov't Comments Off on Former Head of Cable Lobby Could Be Romney’s Pick for FCC Chairman

McSlarrow

The former head of a cable industry lobbying group could become the next chairman of the Federal Communications Commission if Mitt Romney is elected president.

Multichannel News reports a source close to the Romney transition team tells the trade publication the former head of the National Cable & Telecommunications Association — Kyle McSlarrow — could be a possible candidate for the FCC chairmanship if Gov. Romney wants to look beyond current Republican commissioners Robert McDowell and Ajit Pai.

McSlarrow is an informal adviser for the Romney campaign on energy and telecommunications issues. Currently, McSlarrow serves as president of Comcast’s Washington, D.C. office, which lobbies lawmakers on behalf of America’s largest cable operator.

McSlarrow is a longtime Republican and served as a former deputy secretary at the Department of Energy and was the national chairman for the Quayle 2000 campaign.

A source close to McSlarrow said the rumors about the FCC chairmanship were “untrue.”

Democratic National Convention Bought and Paid for by AT&T, Time Warner Cable

Phillip Dampier October 22, 2012 AT&T, CenturyLink, Google Fiber & Wireless, Public Policy & Gov't, Verizon Comments Off on Democratic National Convention Bought and Paid for by AT&T, Time Warner Cable

Despite a pledge to run this year’s Democratic National Convention in Charlotte, N.C., without a penny of corporate money, a new filing with the Federal Election Commission reveals Democrats raised millions from AT&T, Time Warner Cable, and several big banks and energy companies.

Convention officials originally promised the convention would be self-sustained without corporate money, but that promise was long gone with last week’s quiet report to the FEC. Millions arrived courtesy of a convention civic committee that openly welcomed corporate cash.

The Los Angeles Times reports New American City, which paid for hospitality and administrative costs, raised $19 million — nearly all from corporations.

Digging deeper into the FEC filings, Stop the Cap! reveals where some of the Democrat’s money came from and where some of it went:

  • AT&T spent $175,475 on “delegate bags” decked out with AT&T’s logo and $123,087 on “catering for suites.” That was in addition to a straight $1 million cash contribution;
  • Time Warner Cable handed over $600,000 . The cable company was also the premier sponsor of the host committee’s media welcome party;
  • CenturyLink handed over $10,500 to the DNC via New American City;
  • Google Foundation contributed $100,000;
  • National Cable Satellite Corporation (parent company of cable-industry financed C-SPAN): $2,500
  • Turner Broadcasting System (now owned by Time Warner (Entertainment)): $25,000
  • Verizon Wireless handed over $50,000

While accepting the contributions violates the Democrats’ commitment not to accept corporate money, election observers concerned with the pervasive influence of corporate cash are not giving Republicans a free pass. With no restrictions on fundraising, the GOP raised nearly $56 million from AT&T and other telecommunications entities, big oil and gas companies, hedge fund managers, big banks, and wealthy individuals.

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