The Federal Communications Commission today released MEASURING BROADBAND AMERICA, the first nationwide performance study of residential wireline broadband service in the United States.  The study examined service offerings from 13 of the largest wireline broadband providers using automated, direct measurements of broadband performance delivered to the homes of thousands of volunteers during March 2011.

Among the key findings:

Providers are being more honest about their advertised speeds: Actual speeds are moving closer to the speeds promised by those providers.  Back in 2009, the FCC found a greater disparity between advertised and delivered speeds.  But the Commission also found that certain providers are more likely to deliver than others, and certain broadband technologies are simply more reliable and consistent.

Fiber-to-the-Home service was the runaway winner, consistently delivering even better speeds than advertised (114%).  Cable broadband delivered 93% of advertised speeds, while DSL only managed to deliver 82 percent of what providers promise.  Fiber broadband speeds are consistent, with just a 0.4 percent decline in speeds during peak usage periods.

Cable companies are still overselling their networks.  The FCC found during peak usage periods (7-11pm), 7.3 percent of cable-based services suffered from speed decreases — generally a sign a provider has piled too many customers onto an overburdened network.  One clear clue of overselling: the FCC found upload speeds largely unaffected.

DSL has capacity and speed issues.  DSL also experienced speed drops, with 5.5 percent of customers witnessing significant speed deterioration, which could come from an overshared D-SLAM, where multiple DSL customers connect with equipment that relays their traffic back to the central office, or from insufficient connectivity to the Internet backbone.

Some providers are much better than others.  The FCC found some remarkable variability in the performance of different ISPs.  Let’s break several down:

• Verizon’s FiOS was the clear winner among the major providers tested, winning top performance marks across the board.  Few providers came close;
• Comcast had the most consistently reliable speeds among cable broadband providers.  Cox beat them at times, but only during hours when few customers were using their network;
• AT&T U-verse was competitive with most cable broadband packages, but is already being outclassed by cable companies offering DOCSIS 3-based premium speed tiers;
• Cablevision has a seriously oversold broadband network.  Their results were disastrous, scoring the worst of all providers for consistent service during peak usage periods.  Their performance was simply unacceptable, incapable of delivering barely more than half of promised speeds during the 10pm-12am window.
• It was strictly middle-of-the-road performance for Time Warner Cable, Insight, and CenturyLink.  They aren’t bad, but they could be better.
• Mediacom continued its tradition of being a mediocre cable provider, delivering consistently below-average results for their customers during peak usage periods.  They are not performing necessary upgrades to keep up with user demand.
• Most major DSL providers — AT&T, Frontier, and Qwest — promise little and deliver as much.  Their ho-hum advertised speeds combined with unimpressive scores for time of day performance variability should make all of these the consumers’ last choice for broadband service if other options are available.

Some conclusions the FCC wants consumers to ponder:

1. For basic web-browsing and Voice-Over-IP, any provider should be adequate.  Shop on price. Consumers should not overspend for faster tiers of service they will simply not benefit from all that much.  Web pages loaded at similar speeds regardless of the speed tier chosen.
2. Video streaming benefits from consistent speeds and network reliability.  Fiber and cable broadband usually deliver faster speeds that can ensure reliable high quality video streaming.  DSL may or may not be able to keep up with our HD video future.
3. Temporary speed-boost technology provided by some cable operators is a useful gimmick.  It can help render web pages and complete small file downloads faster.  It can’t beat fiber’s consistently faster speeds, but can deliver a noticeable improvement over DSL.

More than 78,000 consumers volunteered to participate in the study and a total of approximately 9,000 consumers were selected as potential participants and were supplied with specially configured routers. The data in the report is based on a statistically selected subset of those consumers—approximately 6,800 individuals—and the measurements taken in their homes during March 2011. The participants in the volunteer consumer panel were recruited with the goal of covering ISPs within the U.S. across all broadband technologies, although only results from three major technologies—DSL, cable, and fiber-to-the-home—are reflected in the report.

After declining formal hearings and conducting their own investigations, the states of Louisiana, Arizona, and West Virginia approved the merger of AT&T and T-Mobile after briefly reviewing documentation promoting the merger, mostly supplied by the companies themselves.

The most controversial approval came from the Louisiana Public Service Commission, overseen by Gov. Bobby Jindal.  Jindal has strongly supported the merger, and his wife’s charity — the Supriya Jindal Foundation — receives substantial economic support from AT&T.  The Commission voted 4-1 for the merger, citing “overriding support locally, as is evidence by the diverse number of groups and officials who are in support.”

More accurately, AT&T contributed to a diverse number of groups that soon sent letters to the FCC supporting the merger.  Most notably, the Urban League of New Orleans, which touted the merger without disclosing the fact AT&T Louisiana president Sonia Perez is a member of the group’s governing board and their 2011 Annual Gala Chairperson.

In Arizona, AT&T won approval from state officials without any hearings, investigation, or much consideration, period.  In fact, less than two weeks ago Arizona officials issued subpoenas to Sprint/Nextel, demanding documentation from them regarding their opposition to the merger.

West Virginia’s Public Service Commission also gave a cursory review to the merger, quickly deciding it posed little impact on the state, since T-Mobile has ignored West Virginia all along, owning just three cellular towers and equipment on 27 others in the state.  T-Mobile also has no West Virginian employees.

State officials believe AT&T’s promise to deliver 4G upgrades inside West Virginia if the merger deal is approved.  But since T-Mobile has no presence in the state, the company’s argument of combining forces for better service doesn’t make much sense.

The PSC relied heavily on Attorney General Darrell McGraw’s pronouncement that the merger would not harm wireless competition in the Mountain State.  Besides, if it did, federal authorities would stop it.

“Any possible implications from this transaction on competition nationwide will be considered by federal authorities,” the PSC wrote.

West Virginia officials denied requests for a hearing before making their decision.

Attorneys General from 11 states not well-known for strong consumer protection have signed letters encouraging the approval of the merger.  Among them:  Alabama, Arkansas, Georgia, Kentucky, Michigan, Mississippi, North Dakota, South Dakota, Utah, West Virginia, and Wyoming.

Attorneys General in New York, California, and Hawaii are taking a much closer, and some say more critical look at the merger.  At the lead is New York’s Eric Schneiderman:

“Cell phones are no longer a luxury for a few among us, but a basic necessity. The last thing New Yorkers need during these difficult economic times is to see cell phone prices rise,” said Schneiderman. “Affordable wireless service and technology, including smart phones and next generation handheld devices, are the bridge to the digital broadband future. We want to ensure all New Yorkers benefit from these important innovations that improve lives.”

Attorney General Schneiderman stressed that some market conditions may differ across the state and highlighted the potential impact of the merger in areas like Rochester, Albany, Buffalo and Syracuse, where there are already fewer wireless options. He is also concerned about the impact on consumers throughout the state, where T-Mobile is a low-cost option.

AT&T's new choke collar for "unlimited use" data plan customers, ready for wearing Oct. 1

Now that Verizon Wireless has stopped signing up new customers for its unlimited usage data plan, AT&T plans to start targeting its grandfathered unlimited-data customers with speed throttles that will effectively limit the company’s “unlimited use” plan.  And the company is trying to suggest approval of its merger with T-Mobile might prevent its growing use.

AT&T says effective Oct. 1, the top 5 percent of its wireless users will receive a warning message before their speeds are cut to near-dial up for the remainder of the billing cycle.

“We’re taking steps to manage exploding demand for mobile data,” said the company in a statement.  AT&T added that “nothing short of completing the T-Mobile merger” will effectively solve the company’s network capacity issues.

“The planned combination of AT&T and T-Mobile is the fastest and surest way to handle the challenge of increasing demand and improving network quality for customers,” said AT&T.

With Verizon Wireless’ exit as a competitive alternative for unlimited data, AT&T’s newly announced speed throttle may not pose much of a risk for business when implemented, as infuriated customers have just one remaining provider offering unlimited data – Sprint.

While AT&T has not specified an exact amount of data usage that will put users in the penalty corner, they did say most of those facing throttling are “streaming video or playing some online games.”

Some AT&T customers use their unlimited wireless plans as a home broadband replacement — an action that could easily bring back a dial-up experience when the speed throttle kicks in.

Only customers on “unlimited use” plans will face AT&T’s special speed treatment.  Those paying for usage-limited packages are exempt.

AT&T’s ongoing hard-sell for the merger has not been well-received by some on Capitol Hill.

Sen. Al Franken (D-Minn.) blamed AT&T for its lack of willingness to spend money on improving its own network infrastructure for self-inflicted network capacity problems.  Franken believes the merger would be anti-competitive and anti-consumer.

In letters to the Department of Justice and Federal Communications Commission, Franken spelled out in great detail why approving the merger does not make sense:

“The competitive effects of a merger of this size and scope will reverberate throughout the telecommunications sector for decades to come and will affect consumer prices, customer service, innovation, competition in handsets and the quality and quantity of network coverage. These threats are too large and too irrevocable to be prevented or alleviated by conditions,” wrote Franken.

The International Business Times summarized many of Franken’s larger points:

• AT&T owns more spectrum than any other company, yet AT&T has been plagued with delays in rolling out infrastructure to support spectrum it has been allocated.  The quality of the service it provides is consistently ranked last amongst the national carriers, and it continues to use spectrum in an inefficient manner;
• Many of [AT&T’s] spectrum licenses remain undeveloped, including $9 billion worth of some of the most valuable “beachfront” spectrum;
• Other national wireless carriers have been aggressively preparing for this crunch. However, unlike the other wireless providers, AT&T has not visibly taken decisive steps to prepare for the coming crunch, despite the fact that AT&T should have recognized the need for additional investment shortly after introducing the iPhone in 2007;
• AT&T only increased its spending on wireless infrastructure by one percent in 2009. Although AT&T will point out that one percent is still a significant number, Verizon made the decision to increase its capital spending by 10 percent in 2009/9 and Verizon is now in a much better position when it comes to spectrum capacity.

While T-Mobile isn’t bashing AT&T in advertising as badly as it did before the announced proposition of a merger between the two companies, T-Mobile is still calling out AT&T’s high mobile prices with innovative new service plans that can deliver substantial savings for consumers — savings that will evaporate if AT&T swallows the company whole.

Take this week’s introduction of T-Mobile’s new Family Mobile Unlimited Plans, which deliver unlimited texting, calling, and 2GB of throttle-free “4G” (HSPA+/HSPA+42) data for as low as $69.99 per line (two-line minimum), which is just shy of $140 a month before taxes and fees.  Comparable plans from AT&T run $99.99 per line — a $30 difference.  A two year contract is required.

Although T-Mobile is pitching these plans as delivering “unlimited data,” in reality their speed throttle kicks in on some of them after 2GB of usage per month.  While customers will not experience bill shock from overlimit fees common with AT&T and Verizon Wireless, they won’t actually get an unlimited data experience like the one Sprint still delivers on its unlimited data plans.

Additional lines are available for $20 a month with 500 calling minutes and 200MB of data usage, or $40 a month each to upgrade to unlimited talk (but keep the same 200MB usage allowance for data.)

T-Mobile is pitching these plans to value-conscious families who live on their phones.  While other providers let you pool calling minutes on Family Plans, each phone usually has to also select any additional added-cost features like data and texting.  T-Mobile is bundling some of these features into the sale price.

AT&T told investors the merger would bring about higher revenue and cost savings.  Not having to respond to T-Mobile’s aggressive price competition by lowering its own prices is one great way to achieve this.

That means higher prices for everyone.

Groups like San Francisco Beautiful fear AT&T's U-verse cabinets will succumb to graffiti, like this one in nearby Oakland. For the group, U-verse cabinets on the sidewalk promote urban blight.

Construction of the first of nearly 500 four-foot-tall utility cabinets is scheduled to begin this morning by AT&T, eager to expand its U-verse fiber-to-the-neighborhood service in the city of San Francisco.

San Francisco’s Board of Supervisors voted 6-5 last Tuesday to allow AT&T to begin building the metal cabinets, which hold the interface between the company’s fiber optic network and individual subscribers’ copper phone lines.

Mark Blakeman, AT&T’s vice president of external affairs, wasted no time announcing the location for the first box, to be situated on La Playa in Outer Richmond.  AT&T promises to launch U-verse service in the area within six months.

Most of the company’s initially-proposed 495 cabinets will be located on public sidewalks or other nearby rights-of-way.  Unlike San Francisco’s other utilities, AT&T will be able to install its boxes above-ground.  That has brought years of criticism from neighborhood groups who decry the cabinets are ugly, block the view of pedestrians and vehicle traffic, and are magnets for graffiti.

For groups like San Francisco Beautiful, it’s just the beginning.  AT&T’s longstanding goal is to install more than 700 boxes across the city’s landscape.

“It is going to put the blight of 726 utility boxes on our streets,” San Francisco Beautiful spokesperson Milo Hanke said. “Utility boxes from AT&T that are ugly and in most instances we still believe they are unnecessary; they should be on private property.”

AT&T will roll out its U-verse service in different parts of the city in segments, starting with the Richmond and Sunset Districts.

AT&T anticipates taking at least two years to complete the project across the city, but claims it remains open to bypassing neighborhoods that simply refuse to accept its boxes.  AT&T might not have a choice, considering the agreement they have with city officials.

Neighborhoods must be given time to provide input to city officials before permits are issued to AT&T.  If a city supervisor in a particular district doesn’t like the boxes, the “memorandum of understanding” grants the politician ultimate veto power over AT&T’s permit requests.  That means AT&T will be forced to do a lot of hand-holding public relations throughout the city to win support for their equipment.

That’s something AT&T is not used to in other states, where the company has won the right through deregulation to install its equipment cabinets anywhere it pleases, so long as they are located in a public right of way.  That has left a series of 4-6 foot tall boxes in the front yards of consumers in states like North Carolina, with absolutely no recourse.

AT&T will install its "compact model" cabinet within city limits, not the 6' tall boxes some homeowners in other states contend with.

In California, regulators can require utilities screen equipment with plants, maintain boxes to remove graffiti and correct noisy cabinet fans, and give property owners some input about where the often-unsightly boxes end up.  But those regulations are only as good as those willing to enforce them.

San Francisco Beautiful notes AT&T boxes in nearly Oakland are often covered in graffiti for extended periods, reducing property values and promoting neighborhood blight.

Hanke claims last week’s agreement violates a 2005 city order from the Department of Public Works mandating utilities put their equipment underground wherever possible.

“The supervisors fell victim to AT&T’s bluster,” said Hanke. “This benefits a private company at the public’s expense.”

AT&T’s Lance Kasselman told the San Francisco Chronicle it won’t go where it isn’t wanted.

“Obviously, those who clearly want it will get it first,” Kasselman told the newspaper. “People who want it or don’t want it, or have questions and concerns, should tell us on our website. We’ll meet with whoever wants to talk about it.”

With a close 6-5 vote, some city supervisors are well aware of the public minefield that awaits them in neighborhoods that despise AT&T’s equipment.  With opponents calling on citizens to complain, Supervisor Scott Wiener (Castro/Noe Valley/Diamond Heights) knew he needed to prepare.

“This morning, I did a yoga class to clear my head before writing a letter to neighborhood associations in my district,” Wiener told the Chronicle.  “I’m trying to make sure people understand what (Tuesday’s Board of Supervisors) vote means.”

[flv width=”600″ height=”358″]http://www.phillipdampier.com/video/KGO San Francisco ATT Utility Boxes 7-19-11.flv[/flv]

KGO-TV in San Francisco covers the AT&T U-verse box controversy, and the Board of Supervisors’ decision to approve their installation.  (2 minutes)