Keeping ISPs honest

Netflix may have the most accurate national broadband speed honesty test around, at least when it comes to streaming video. With 30 million members viewing over one billion hours of Netflix streamed content every month, the company is well-positioned to report the real-world performance of virtually every ISP in the country.

Starting this month, Netflix will publish once-monthly surveys of the best and worst-performing providers.

The results from November are not surprising. Fiber to the home offers America’s fastest and most reliable streamed video experience. Google Fiber, with its 1,000Mbps network, topped Netflix’s list, followed by Verizon’s FiOS fiber service.

Cable providers also performed well. Comcast delivered the best Netflix experience, Suddenlink the worst.

AT&T’s U-verse, which isn’t really a true fiber network but simply an extended form of DSL performed markedly poorer than its cable competitors.

DSL providers also performed poorly, ranging from CenturyLink to Verizon’s now neglected DSL. Frontier Communications made some improvements in its rankings. It used to be dead last.

Watching Netflix on mobile broadband proved to be both expensive (with data caps for most) and slow. Clearwire, which only operates a 4G WiMAX network performed the best. Despite the growing prevalence of HSPA+ and LTE 4G service from many other carriers, more common 3G service dragged performance down considerably. Verizon performed the best of the mixed networks, AT&T performed 40% worse than Verizon, coming in dead last.

Efforts to develop new unlicensed uses for the public airwaves that include high-powered public Wi-Fi may be shelved if AT&T and House Republicans succeed in their joint effort to force those frequencies to be sold in a spectrum auction.

Majority House Republicans on the House Communications & Technology Subcommittee on Wednesday lectured all five FCC commissioners, insisting they have no authority to set aside spectrum specifically for unlicensed use when those airwaves could be sold to private companies.

Sub-Committee chairman Greg Walden (R-Ore.) criticized FCC Chairman Julius Genachowski for his plans to “give away” scarce airwaves eventually open to the public’s use when they could fetch as much as $19 billion in auction proceeds from large telecommunications companies seeking to own and control those frequencies.

Walden, the House’s second largest recipient of campaign contributions from the same companies likely to bid on that spectrum, insisted federal law only allows the Commission to designate unlicensed uses for so-called “technically necessary guard bands,” which act as a buffer between neighboring frequency users to protect against interference. Walden also criticized the FCC for setting aside too much spectrum for that protection.

Walden, the second largest recipient of telco cash in Congress.

The Oregon congressman has collected more than $84,000 in campaign contributions from telephone companies so far this year. Only House Speaker John Boehner won larger contributions from companies like AT&T.

Other Republican members of the subcommittee agreed with Walden’s sentiment and also received generous contributions from AT&T this year.

Rep. Lee Terry (R-Neb.), wanted to be sure the FCC does not impose “value-sapping restrictions” on the use of privately-owned airwaves owned by large telecommunications companies. Terry is the third largest recipient of campaign contributions in the House from those telecom companies, adding $69,400 so far this year to his campaign coffers.

Rep. Joe Barton (R-Tex.) expressed concerns that spectrum auctions could displace low-power television stations to make way for mobile communications. But Barton did not oppose the auctions generally. His largest contributor: AT&T, which sent him checks for more than $21,000 in 2012.

Representative Robert E. Latta (R-Ohio) suggested auctioning off airwaves intended for public use to large mobile broadband companies would help America’s competitiveness, alluding to his belief unlicensed, free use of the airwaves for new wireless applications would not. Latta cashed $10,500 in AT&T checks so far this year — his fourth largest contributor. Latta added he wanted there to be transparency and openness in the entire spectrum process. He did not disclose his significant contributions from AT&T at the hearing, despite being a chief stakeholder in the debate.

Rep. Marsha Blackburn (R-Tenn.) agreed with large telecommunications companies that the maximum amount of available spectrum should be sold off to private companies to sell mobile broadband services to the public. Blackburn’s third largest campaign contributor this year is Verizon Communications, who sent her $15,400. AT&T, her ninth largest contributor, handed her $13,250, together adding up to $28,650.

The Democrats on the panel roundly criticized Republican plans to sell off spectrum intended for unlicensed, public use applications to large wireless companies, which already own and control frequencies they still have not put into service.

Terry, worried about “value-sapping” regulations.

Rep. Henry Waxman (D-Calif.) called unlicensed spectrum an incredible economic success story.

“Innovative services like Wi-Fi and Bluetooth are now ubiquitous parts of our communications system,” he said in his opening remarks. “They came about because of the use of unlicensed spectrum.”

Waxman suggested eliminating or limiting unlicensed spectrum would destroy innovation and further concentrate wireless communications in the hands of a handful of companies. Waxman said Congress’ original intent in passing laws that permitted the FCC to move forward with spectrum auctions also authorize the agency to protect competition and prevent unnecessary concentration of spectrum ownership to the detriment of smaller providers.

“I am troubled by attempts by some to relitigate issues that were resolved earlier this year, when the bill passed Congress with widespread support,” Waxman added. “After-the-fact-spin that unfairly twists the language of the law deserves little weight by the Commission or the courts.”

Rep. Anna Eshoo (D-Calif.) noted the FCC by statute is prohibited from considering the amount of revenue possible from spectrum auctions when drafting auction rules. She found Republican efforts to recast those rules to raise as much money as possible by selling off as much spectrum as possible “interesting.”

Many Republicans also complained the FCC must not set rules that either limit the maximum amount of spectrum owned by one company or set aside certain frequencies exclusively for smaller competitors. The Republicans want auctions to maintain a more straightforward “highest bidder takes all” format. Critics say that gives the advantage to larger, deep-pocketed existing providers and dissuades the entry of new competitors.

Some Republicans were also upset with FCC meddling over when and how private companies begin providing service on the airwaves they won at auction. Current FCC rules prohibit warehousing unused spectrum. The rules were designed to ensure large companies don’t invest in airwaves just to keep them off the market and unavailable to competitors.

Cisco 3945 router

The saga of West Virginia’s use of $126.3 million in federal stimulus funds to build better broadband is coming under increasing scrutiny this week as the state’s legislative auditor demanded to know who approved the controversial purchase of $24 million for Internet routers many institutional users say are incompatible or too costly to run.

Aaron Allred has given Homeland Security director Jimmy Gianato, administering the broadband project, until Dec. 21 to provide answers.

More than 1,000 Cisco routers valued at $22,600 each were purchased with taxpayer funds for “community anchor institutions” including schools, public safety, and library users. Why those specific routers were chosen and who approved the purchase have gone unanswered. The Charleston Gazette reports just one router model was considered — one designed for hundreds of concurrent users, despite the fact many rural libraries and other institutions maintain as few as three computer terminals. The auditor also wanted to know why they were purchased all at once, forcing the state to store them for an extended period.

“How come representatives of WVNET [the state’s Internet services agency] were not consulted?” the auditor asked. “How come the Cisco 3945 routers were not right-sized for the areas they were to be installed? Who made the suggestion to buy one size, and who made the decision?”

The auditor also wanted to know why the state appears to be vastly exceeding its budget to upgrade a wireless emergency communications network. The state is on track to spend $50 million for an upgrade it budgeted $30 million to complete.

The newspaper continued to receive word the costly routers are being rejected by a growing number of institutions.

• The West Virginia State Police can’t use 70 routers assigned to detachments because the devices aren’t compatible with the agency’s voicemail system;
• More than 160 libraries have declined to hook up the routers to a new high-speed fiber-optic network because the state Library Commission can’t afford to pay for faster Internet service;
• An additional 175 routers remained boxed up in storage – more than two years after they were purchased.

The state is hurrying to spend the remaining grant funds available to it before the federal government’s Jan. 31 deadline. One state official planned to appeal to the federal government for an extension, blaming the impact of storm damage from Hurricane Sandy.

Fuhr

Joseph P. Fuhr Jr. is a real helper. An economics professor at Widener University and a researcher for the Coalition for the New Economy, Fuhr spent time pondering America’s current debt crisis and impending “fiscal cliff” and has come up with some ideas on how to solve it, starting with ending support for community-owned broadband networks. He shared his findings in a guest column printed the Tallahassee Democrat.

“Generally, [these networks] add to the debt load of the municipality that runs them, a burden that certainly has come true in Florida,” Fuhr warns.

Ask most people where the government spends too much and many will suggest corporate welfare, the military, Medicare/Medicaid, or outdated government programs that have outlived their usefulness. Professor Fuhr thinks the gristle that must go comes from about 100 “government-owned broadband networks,” which he labels as “GONs.”

Perhaps that acronym is partly wishful thinking, because Fuhr does not see much use for municipal or public utility broadband, even in areas still waiting for large phone and cable companies to provide the service.

“Of course, not all Floridians are fortunate, not all have access to high-speed broadband, and they should,” writes Fuhr, despite the fact commiserating with the broadband-less does nothing to extend the service to those still using dial-up connections. “However, this service is one that the private sector is able and willing to provide given the correct incentives.”

Incentives. Like taxpayer-funded tax breaks, grants, and rebates?

Fuhr has no problem advocating for taxpayer-funded incentives for private corporate broadband providers, but he opposes directly funding an independent, community-owned broadband service. But it really should not come as a surprise. Fuhr’s sudden interest in cutting public broadband to save us from falling off the fiscal cliff is not really by random chance.

Although readers of the Democrat will probably never learn the “Coalition for the New Economy” is actually a front group largely funded by AT&T, Time Warner Cable, and other telecom industry players that have to compete with community broadband providers, our readers now do.

Ford, Jr. (D-The Green Room)

Harold Ford, Jr., a former Democratic congressman from Tennessee and John Sununu, former governor of New Hampshire, are unhappy with an Op-Ed piece written by David Cay Johnston in the New York Times that calls out the telecom industry for high prices and and an uncompetitive marketplace.

Ford, who can usually be found in the green room of various cable news networks waiting to deliver his pro-industry messages on behalf of front groups like Broadband for America, says that 93 percent of Americans are happy as can be with their broadband Internet service.

Sununu joined Ford in some less-than-factual arguments about the state of American broadband:

Second, nearly 90 percent of all Americans can choose from two or more wireline competitors and at least three wireless broadband providers, most of whom now provide some of the fastest 4G LTE broadband networks in the world. Meanwhile, new fiber optic, satellite and wireless choices keep emerging.

Third, during the past four years, broadband providers invested $250 billion in the nation’s broadband infrastructure, while other industries sat on their cash.

Fourth, unlike many other consumer products, the monthly prices for broadband Internet have remained relatively constant, while average speeds have increased by 900 percent or more. Free-standing broadband service is now routinely available for $20 to $30 a month.

That is playing fast and loose with the truth. In reality:

• Most Americans have one cable and one phone company to choose from, not “two or more.” Wireless broadband providers offer service with a cap so low, it can almost never provide a suitable replacement for wired broadband service. Although AT&T and Verizon Wireless have growing 4G LTE networks, neither carrier has provided universal access to LTE speeds. T-Mobile and Sprint are only getting started. The fiber optic choices that are emerging these days are primarily from community-owned providers Ford’s industry friends vehemently oppose. AT&T does not offer fiber to the home service and Verizon effectively suspended expansion of its FiOS fiber network several years ago.  Wireless choices are now shrinking because of mergers and acquisitions and satellite broadband remains a painful experience regardless of the provider;
• Most that the investment made in “broadband” is focused on expanding wireless 4G service. That investment allowed both AT&T and Verizon to pay Uncle Sam dramatically lower tax bills — AT&T even collected a refund. Home broadband expansion has been far less expansive;
• Monthly broadband bills have not remained constant — they are rising, and more rapidly than ever. Speeds enjoyed by average customers have not increased by 900 percent, only some top speeds that are priced well out of range for most Americans. The price both quote for free-standing broadband is for “lite” service, often so slow it no longer even qualifies as “broadband.” Often, that budget service also comes with usage caps, sometimes as low as 5GB per month.

Sununu and Ford close:

Fortunately, very few policy makers in either party have endorsed the kind of heavy-handed regulations that Mr. Johnston’s arguments seem to imply — regulations that would only stifle investment and truly put America at risk of falling behind.

America has already fallen behind, and will remain in decline as long as regulators and Congress listen to a handful of telecommunications companies speaking from their sock puppet front groups and handing out campaign contributions to elected officials to keep things exactly as they are today.