Phillip "No Data Tsunami Over Here" Dampier

As the Canadian Radio-television and Telecommunications Commission enters into the second week of hearings on Internet Overcharging, there have really only been a few minor surprises.

First, and most importantly, when voting consumers pay attention, regulators start asking questions and get aggressive.  This is the same commission that only a year ago gave the green light to wholesale usage-based billing (UBB) — a practice that would guarantee every ISP in Canada dropped flat rate Internet service.  After a half-million Canadians signed Openmedia.ca’s petition opposing UBB, the Harper government (and the opposition parties) got interested, and the Commission got an earful from Industry Minister Tony Clement, who was simply appalled at this kind of Internet pricing.

Second, this round of CRTC hearings has found Bell — UBB’s biggest proponent — largely unrepentant.  It still supports charging people for their usage, even as the company’s foundation for that premise — bandwidth congestion — erodes away.  Providers can claim anything they like, but they cannot invent facts.  By Friday, most of the commissioners realized what consumer advocates had been saying all along — there is no great bandwidth crisis in Canada.  No data tsunami. No exaflood in the zettabyte era.  Growth is exponential to be sure, and Canadians have a passionate affair with their Internet connectivity, but one that remains easily managed when providers make regular, affordable investments in upgrading their networks.

Bell’s week-long contention that congestion pricing was paramount to managing Canada’s bandwidth finally fell apart when CRTC Chair Konrad von Finckenstein noted Bell’s trinity of regional entities managed Internet usage completely differently, even though the traffic passed through the exact same network:

• 1) Bell Aliant, which provides service in the Atlantic provinces, has no usage caps at all.
• 2) Bell Quebec provides service with a considerably more generous usage allowance than given to those customers in Ontario, even those just on the other side of the border.
• 3) Bell Ontario’s usage cap is downright stingy compared with Quebec, most likely because it competes in Ontario with an equally stingy provider — Rogers Cable.

With these facts in evidence, Bell was finally forced to concede it was “competition” not “congestion” that brought three different treatments of Internet usage.  So much for “network congestion.”

Bell’s competitors also hung the telecom giant out to dry when it was their turn to testify.  Each in turn would claim that congestion presented no problems for their respective networks.  Telus, Rogers and Shaw all denied they shared Bell’s usage problems.  That is not to say any of them were in favor of restoring flat-rate Internet access.

Instead, they argued, UBB represented a combination of “stimulating investment” in broadband networks (already insanely profitable for all-comers) and “peak usage pricing,” a hybridized argument about congestion during peak usage periods.  Since some wholesale broadband services are priced at peak capacity requirements, some argue UBB helps keep that peak usage manageable during prime time.

Unfortunately, the peak usage pricing argument undermines itself because Canadian providers enforce usage limits 24/7, not only during peak usage periods.  This means there is no incentive for users to offload their heaviest usage to times when the network experiences low demand.  Independent providers continue to argue “peak usage pricing” may be defensible in certain circumstances, but it’s not even a possibility under Bell’s proposed wholesale UBB scheme.

The record being constructed from Canada’s hearings have direct implications for Americans, as the basic business models for cable and phone providers are similar in both countries.  The death rattle of the “congestion” myth is good news for North American broadband users who have long rolled their eyes at hysterical arguments about data floods and capacity crises.

The CRTC still needs to hear from some additional speakers, and we are under no illusion they will completely reverse themselves on Internet Overcharging schemes, but this represents a clear-cut case that consumers need not simply sit back and take abusive pricing.  Consumer activism can make a real difference in the broadband policies of both the United States and Canada.  It takes a concerted effort, but once a critical mass of consumers is achieved, the ability for providers to simply do as they please becomes a virtual impossibility.

That’s good news for all of us.

[flv width=”640″ height=”368″]http://www.phillipdampier.com/video/CBC UBB 7-11-11.flv[/flv]

CBC News covers the start of the CRTC hearings and what UBB pricing is doing to Canada’s Internet experience.  (2 minutes)

Wayne King: Living high off Time Warner Cable's Hog

The vice-chairman of North Carolina’s Republican Party, Wayne King, Tuesday penned a guest editorial in the Fayetteville Observer telling readers recent legislation passed in the state legislature provides a level playing field for telecommunications companies and protects “scarce public dollars” from being spent to compete against private providers like Time Warner Cable.

This legislation will also greatly benefit North Carolina taxpayers. At a time when local governments are cutting education and law-enforcement funding, taxpayers simply do not need to be spending scarce public dollars on communications systems that directly compete with the private sector. It makes no fiscal sense to build public infrastructure right alongside lines that have already been built by private firms.

Let’s imagine the government wanted to get into some other generally private industry. Would taxpayers be willing to foot the bill for a publicly subsidized cafeteria right next to a favorite local restaurant? Keeping in mind that you’d have to pay for services at both facilities (public communications networks still charge subscribers), I think the answer would be no.

Too bad Mr. King prefers to dine at Time Warner Cable Café.  He’s evidently having trouble seeing over the cable company’s talking points-menu to recognize that while he rails against public broadband expansion and community-owned competition to providers like AT&T, CenturyLink, and Time Warner Cable, he completely forgot the state of North Carolina and the city of Charlotte are handing Time Warner $5 million in combined, “scare public dollars” to create just over 200 new jobs and promise not to lay anyone off in the city of Charlotte.  That’s $5 million this year, and doesn’t count the sums the cable company has won from taxpayers over the past several years.

Mr. King has absolutely nothing to say about that kind of corporate welfare — the kind that takes $5 million away from education and law enforcement and hands it to a provider that will be raising its prices on North Carolina consumers once again by the end of this year.  And why not?  Where will those consumers go for a better deal?  FCC commissioner Mignon Clyburn called out the legislation for what it is: “a broadband barrier.”

While Mr. King remains firmly seated at Time Warner Cable’s table as it funnels money to his party’s legislators, it’s easy to stare out of their window and complain about a new café being built across the street.  If that happens, diners just might end up paying a lot less for their meal, and get a much better dining experience to boot.

The only folks with indigestion will be executives at the cable and phone companies, and people like Mr. King, who will probably have less campaign money to show for it.

Time Warner Cable just fought a battle in the state of North Carolina to keep public tax dollars from being spent on community-owned broadband networks, but the company has no objection to accepting corporate welfare for itself.

Charlotte’s News & Observer this week reports the nation’s second largest cable company will win $3 million in state incentives if it meets hiring and investment goals. The city of Charlotte is also providing $2 million of its own incentives.  That’s $5 million dollars from the pockets of North Carolina taxpayers.

Corporate welfare

For that, Time Warner Cable is promising to add 225 jobs and build a data center to deal with anticipated broadband growth in the area.  That’s $22,222 per job.

N&O notes this is the third handout the cable company has gotten from the state government since 2004 — all in return for committed expansion in Charlotte.  The newest grant requires Time Warner to retain at least 1,113 jobs in the Charlotte area.  The state government is apparently willing to help pay for the cable company to not lay off its workers, but is all for smothering much-needed competition from community providers, which it stepped on in a big way earlier this year.

Ironically, the corporate-backed groups that loudly oppose taxpayer funding for broadband and critics of community networks are mysteriously silent over $5 million in public funds being directly transferred to a multi-billion dollar cable corporation.

Pentefountas

Stop the Cap! is following this week’s extensive hearings into Internet Overcharging in Canada by the Canadian Radio-television and Telecommunications Commission (CRTC).  The debate into Bell’s attempt to mandate usage-based billing for -every- provider in Canada, regardless of whether they are owned or operated by Bell, reached a new level of absurdity this morning when a Conservative appointee to the CRTC, Tom Pentefountas — the vice-chairman of the commission — asked this question to an astonished panel headed by Openmedia.ca, a consumer group fighting usage-based billing:

“What is so undemocratic about allowing a few companies to control the Internet?”

Pentefountas was openly hostile at times against Openmedia, questioning their membership, their funding, and whether they had a “self-interest” in the fight.  They do — consumers, a concept that evidently escapes the very Big Telecom-friendly new commissioner, appointed by the government of Stephen Harper.

Yesterday, much of the hearing was focused on Bell’s defense of UBB, and we noted Mirko Bibic’s increasing discomfort as the Bell lobbyist came under increasing scrutiny and hard questioning that he never experienced during earlier hearings (those that led to the CRTC’s approval of UBB).  Now that the public (and higher government officials) are watching and listening, what used to be a non-confrontational experience is today sounding increasingly skeptical of the arguments for UBB by many commissioners.

We’ll have audio archives of the hearings available here when they are published online.  They help build the record of carrier arguments for UBB, independent findings which call out those arguments, and the opposition to UBB and why flat rate broadband is important to the knowledge-based economy of North America.

There will be hurdles to overcome, starting with confronting the attitudes of commissioners like Mr. Pentefountas, who evidently does not understand the implications of a few corporate entities controlling Canada’s Internet.

Follow live coverage of the CRTC hearings here.

Digging into the reality of community broadband – the New Rules Project compares the broadband prices and speeds of community networks to incumbent providers, using examples from North Carolina that are representative of modern community fiber networks. Incumbent providers including AT&T, Comcast, and Time Warner Cable want to outlaw these networks even as many, including the Federal Communications Commission, recognize the clear benefits of allowing communities to decide locally whether such an investment makes sense.  What is your broadband service like?  Would you trade your ISP for one of these community fiber providers?  (3 minutes)