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America’s Broadband Ranking Declines Again: #19 and Falling

"Hey, we're #19!"

The United States may be a leader in many things, but broadband isn’t one of them. The country has now fallen two more positions — to 19th place, behind South Korea, Sweden, Denmark, the United Kingdom, and even Iceland, since the Berkman Center for Internet and Society released its last rankings in 2009.

In 2004, President George W. Bush complained about the U.S. falling to 10th place, which he declared was “ten spots too low.”

Now eastern Europe and former Soviet Republics in the Baltics threaten to overtake the United States, and countries in southeast Asia already have.  Innovation in the United Kingdom, Australia and New Zealand means deploying fiber to the home service to the vast majority of the population.  Innovation in North America means conjuring up new pricing schemes to raise prices on broadband service and engage in competition-busting mergers and acquisitions.

But a USA Today editorial this week also places much of the blame on corporate influence inside Washington, which has promulgated legislative policies that favor telecommunications companies and throw customers under the bus.

“The simple answer is that other countries have policies that promote competition and innovation,” the editors write. “In contrast, policies here have allowed a few dominant players that control the least interesting parts of the broadband landscape (the cables and the wireless spectrum) to dominate.”

Indeed, a series of telecommunications laws enacted by Congress, combined with short-sighted policies at the Federal Communications Commission, have allowed a handful of super-sized players to own and control broadband service in America, resulting in providers establishing non-competing fiefdoms that avoid head-on competition.

The worst policy of all allowed broadband providers to keep competitors from reaching customers over existing broadband networks.  During the days of dial-up, you could purchase Internet access from the phone company, a large provider like MSN or AOL, or thousands of smaller regional and local service providers.  Simply dial a local access number and you were connected to the provider of your choice.  Now, U.S. law gives broadband network operators the right to restrict these independents from selling service over their networks.  Comcast need not sell anything other than Comcast Internet.  Frontier Communications can make a killing selling its own DSL service, while protecting that revenue from other Internet Service Providers who might sell the service over Frontier’s network for half the price.  Time Warner Cable voluntarily allows Earthlink and a handful of other companies to sell cable broadband service over its infrastructure, but at prices equal to or higher than what Time Warner charges itself.

Broadband providers argue that allowing competitors to sell service on their network would discourage future investment and rob shareholders a return on investments already made.  Today, major cable operators and phone companies are falling all over themselves denying they are in anything but the broadband business.  It has become an enormously lucrative enterprise, more profitable than television or telephone service.

USA Today compares the broadband landscape back home with that in South Korea — perennially the world’s fastest, and considerably less expensive than what North Americans pay for service:

South Korea has made broadband a national priority, mandating deployment and in some cases giving private companies incentives to build out. It has also prevented major players from monopolizing their businesses, encouraging competition and innovation. In South Korea, consumers can get broadband service from a cable or telecom company. But they may also choose among myriad independent providers that are given access to the physical infrastructure. This competition keeps prices down and the quality of service high.

[…] But over time, cable and telecom companies worked the courts and Congress to make sure that this competitive world would never come to be [in the United States]. […] Wireless is a bit better. But the market has remained a near duopoly, with none of the smaller players emerging as a strong competitor to AT&T and Verizon.

The same open network concept has fought its way forward in Canada (where Bell has worked furiously to sabotage the business plans of independent providers) and in the United Kingdom, Australia and New Zealand where all three governments have decided the best solution would be to scrap the ancient landline network and start fresh with an open-to-all-comers fiber to the home service.

Back home in the States it is business as usual with increasing broadband prices and the looming prospect of usage-limiting schemes designed to cut capital costs, monetize broadband usage, and stop cord-cutting.

The opposing point of view comes courtesy of dollar-a-holler, corporate-backed think tank The Heartland Institute, who is stuck quoting notorious industry-funded studies and think tanks like the Discovery Institute and the Technology Policy Institute:

The idea that European and Asian countries are lapping America in the race for broadband speed and penetration is a fallacy created with statistics comparing “persons” instead of “households.” Once you make that correction, the USA is firmly planted among the top of industrialized nations, as economist Scott Wallsten pointed out when he was a staffer at the Federal Communications Commission in 2009.

And as tech researcher Bret Swanson of Entropy Economics points out, if you measure Internet usage by gigabytes used per month — a better measure of the speed and utility of networks — the USA has nearly lapped Western Europe once and Asia twice.

Heartland Institute: "By not disclosing our donors, we keep the focus on the issue."

If you measure how many mouse clicks customers in New York make on a Thursday afternoon, we could be number one as well!  Gigabytes used per month does not measure the speed or price of service on broadband networks, considerations that actually do impact broadband rankings.

Mr. Wallsten is a familiar favorite go-to-guy for The Heartland Institute.  He’s also the choice of Time Warner Cable, who paid him $20,000 for a 2010 essay: “The Future of Digital Communications Research and Policy.”

There is big money to be made writing corporate-funded research reports.  Bret Swanson knows that very well, having been involved with the Discovery Institute, a “research group” that delivers paid, “credentialed” reports to telecommunications company clients who waive them before Congress to support their positions.  Swanson is also a “Visiting Fellow” at Arts+Labs/Digital Society, which counted as its “partners” AT&T and Verizon.

The gentleman from Heartland also quotes from the misnamed “Progressive Policy Institute,” which counts among its funding partners, AT&T.

It would have been probably easier (but ineffectively transparent) to simply quote from AT&T and Comcast directly.

The Heartland Institute, unsurprisingly, believes letting existing broadband providers deliver service exactly the way they want is the best option:

The digital economy — one of the only vibrant economic sectors left — doesn’t need more government “investment” or regulation. It needs only for government to butt out and let the market work the magic that continues to bring us the marvels of the modern age.

That magic will cost you $50 a month and rising.  If some providers have their way, while the rest of the world abandons usage caps, American providers can’t wait to slap them on, reducing the value of your service even further.

Charter Cable Increasing Broadband Speeds, But You’ll Hit Their Caps Faster

Phillip Dampier November 21, 2011 Broadband Speed, Charter Spectrum, Consumer News, Data Caps 5 Comments

Charter Cable is upgrading its broadband service to deliver free speed upgrades, but with the company’s Internet Overcharging-usage cap scheme in place, some customers are not impressed.

“We plan to streamline Charter Internet options to: Lite, Express, Plus, and Ultra,” Charter social media rep “Eric” wrote on the Broadband Reports‘ Charter customer forum. “Current Max customers will be able to move to a different level of Internet Service.”

The company’s boosted speeds (prices vary in different markets):

  • Charter Lite: 1Mbps/128kbps → Unknown ($19.99) 100GB limit
  • Charter Express: 12/1Mbps → 15/3Mbps ($44.99) 100GB limit
  • Charter Plus: 18/2Mbps → 30/4Mbps ($54.99) 250GB limit
  • Charter Max: 25/3Mbps → Discontinued ($69.99) 250GB limit
  • Charter Ultra: 60/5Mbps → 100/5Mbps ($99.99-109.99) 500GB limit

Charter has usage caps on all of its residential broadband service plans, but Stop the Cap! readers tell us they are not always enforced.  No overlimit fees are charged.  No announcements have been made about any changes to the existing usage limits.  Some Charter Max customers tell us they are using the speed upgrades an an excuse to downgrade to the cheaper Plus plan, which is faster and $15 less a month, with the same 250GB usage cap.  Customers who absolutely won’t tolerate a usage limit have to upgrade to commercial-grade service, which is considerably more expensive.  Lower speed plans run about $80 a month in many areas, but are unlimited.

“I’m glad to discover faster upload speeds, which I’ve waited for a long time, but I’d rather have no usage limits to worry about instead of faster speeds,” shares Stop the Cap! reader and Charter customer Paul McNeil.  “My problem with these faster speeds is that you can’t use them for too long.  Why buy a luxury race car you can only drive down the street?”

Light users who use the Internet primarily for e-mail or web page browsing rarely require more than the most budget-priced broadband package because high speeds do not deliver a significantly improved user experience.  But those who use the Internet for higher-bandwidth applications including video, downloading, certain online games, and file backup do benefit the most from high speed packages.  But when providers slap usage limits on them, the value erodes away.

“Why spend more for less?” asks McNeil. “Two years ago there were no limits and I honestly received more value from my Charter Internet service then over what I have to deal with now.”

CRTC Ruling on Usage-Based-Billing Arrives at 4PM ET: Unlimited Internet Plans At Stake

Phillip Dampier November 15, 2011 Bell (Canada), Canada, Competition, Data Caps, Public Policy & Gov't, Video Comments Off on CRTC Ruling on Usage-Based-Billing Arrives at 4PM ET: Unlimited Internet Plans At Stake

Canadians will learn at 4PM whether their Internet future will be unlimited or rationed with usage-based-billing (UBB) plans that could potentially charge consumers for every website they visit.

The much-anticipated decision from the Canadian Radio-television and Telecommunications Commission (CRTC) comes months after last winter’s hearings on how Internet service is priced in Canada.  It pits the largest phone company in the country — Bell — against small independent providers that are fighting to stay in business offering customers unlimited usage plans.

Most independent Internet Service Providers in Canada ironically buy wholesale access directly from Bell.  These upstart competitors like Primus and TekSavvy deliver unlimited DSL service at attractive prices.  In fact, some Bell customers have found them attractive enough to switch providers.  Bell’s wholesale division indirectly competing with its own retail business has proved unsatisfactory to Bell management, who proposed repricing wholesale access to resemble what Bell charges its retail customers.  But more importantly, Bell would demand that their competitors impose usage-based billing themselves, which would make unlimited Internet service in Canada a thing of the past.  The CRTC initially agreed with Bell, which sparked outrage among independent providers and consumers who faced the prospect of paying inflated prices for Internet service with no unlimited usage options in sight.

The backlash brought a half-million Canadians together to demand an end to unfair Internet pricing through a petition from Openmedia.ca.  That in turn attracted the attention of Canadian politicians, including Prime Minister Stephen Harper and his government’s Industry Minister Tony Clement.  Clement told reporters on Feb. 3 if the CRTC didn’t reverse its approval, and fast, the government would probably overrule the commission.

A day later, outgoing CRTC chairman Konrad von Finckenstein said the commission would review its decision, the first in a series of backpedals in response to government pressure.

Even Bell, accustomed to having its way with the CRTC, has backtracked, now offering a compromise proposal that would charge independent ISPs 17.8c per gigabyte.  Many providers consider that excessive, too.

The CBC explains how Internet access is sold by independent providers in Canada.

Since the hearings, several marketplace changes have deflated some of Bell’s arguments that UBB was necessary to control over-eager users congesting their network.  Providers in western Canada — Shaw Cable and Telus, have dramatically boosted their respective usage caps, which call into question just how much of a congestion problem exists on Canada’s Internet networks.  The Canadian Network Operators Consortium, the voice of independent service providers, has offered its own proposal to charge wholesale customers based on peak network traffic.  MTS Allstream, itself a smaller player in Canadian telecom, proposed wholesale service be sold much like retail Internet in the United States — based on the speed/capacity of the service level selected.  If an ISP underpredicted usage, traffic would slow for everyone until the line was upgraded.

What ultimately gets approved by the CRTC may still be subject to government review, especially if the decision proves unpopular with consumers.  In a CBC online poll being conducted this afternoon, consumer sentiment is clear.  More than 91 percent of voters want the option of unlimited Internet access.

Whatever the CRTC decides will be reviewed by new Industry Minister Christian Paradis, who has managed to keep his head down and views to himself since he replaced Clement.  He may be hoping more than most that the CRTC will ultimately placate everyone, just so he doesn’t have to weigh in on the thorny issue.  But the CRTC’s track record representing consumers has been pretty dismal over the last few years, so we will not be surprised if the commission ultimately acquiesces to Bell’s substitute plan unaffectionately dubbed ‘GougeLite’ by Bell critics.

[flv width=”640″ height=”388″]http://www.phillipdampier.com/video/CBC Internet pricing ruling expected from CRTC 11-14-11.flv[/flv]

The CBC reports on today’s expected ruling from the CRTC and what it means for Canadian Internet consumers.  (3 minutes)

Republicans in Congress Futily Working on Resolution Against Net Neutrality

Phillip Dampier November 10, 2011 Comcast/Xfinity, Net Neutrality, Public Policy & Gov't, Video Comments Off on Republicans in Congress Futily Working on Resolution Against Net Neutrality

Sen. Kay Bailey Hutchison (R-Texas)

Republicans in the Senate are falling in line behind their colleagues in the House in voting to repeal the Federal Communications Commission’s anemic Net Neutrality rules.

Virtually every Republican in the Senate is expected to vote in support of a resolution introduced by outgoing Sen. Kay Bailey Hutchison (R-Tex.) that would strip the FCC of its authority to impose the new rules, which would prohibit Internet Service Providers from interfering in the free flow of Internet content across their networks.  Nearly every Democrat in the Senate is expected to oppose the Republican-backed measure in a vote expected later today.

Republicans serving at the FCC and in Congress claim the federal agency has no congressional mandate to oversee the Internet.  The agency itself under Chairman Julius Genachowski has refused to fully enable its authority by reclassifying the Internet as a telecommunications service.  Because the agency’s role to oversee the conduct of the country’s service providers is at issue, it has left the FCC in a grey area, with its authority challenged both politically and in the courts.

Sen. Jim DeMint (R-S.C.) claims Net Neutrality rules are completely unnecessary because providers have already promised they will not tamper with traffic and, in his words, “This is a another big government solution in search of a problem.”

Hutchison said enforcement of Net Neutrality would stall broadband Internet development.

“It will increase costs and freeze many of the innovations that have already occurred under our open Internet system,” she said in a statement.

Democrats like Sen. Maria Cantwell from Washington State think otherwise.

Cantwell pointed to Comcast’s secretive effort in 2007 to throttle the speeds of peer-to-peer file sharing traffic.  Comcast initially denied it was interfering with torrent traffic, until eventually admitting it was.  The FCC sought to fine Comcast for the practice, but the cable giant sued the FCC and won in federal court.  The judge in the case ruled the FCC didn’t appear to have the authority to regulate Internet traffic or impose the associated fine.

Cantwell believes sensible Net Neutrality policies will prevent further instances of provider interference.

“These providers think if [they] can control the pipe [they] can also control the flow,” Cantwell said. “Why allow telcos to run wild on the Internet charging consumers anything they want based on the fact that they have control of the switch?”

Reporters questioned Senate Commerce Chairman Jay Rockefeller about Net Neutrality, noting the measure opposing FCC involvement won support from several House Democrats.

Rockefeller pointed to the universal support for the anti-Net Neutrality measure on the Republican side as evidence this has become a partisan political issue.  Rockefeller hopes his Democratic colleagues in the Senate will see it the same way.

“There’s still 53 of us [Democrats], and if we stay together we’ll win,” Rockefeller said. “I think we’re going to prevail.”

Should the measure pass, President Barack Obama indicated he will veto it.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/C-SPAN Net Neutrality 11-9-11.flv[/flv]

C-SPAN talks with National Journal reporter Josh Smith about Net Neutrality’s prospects and the background issues surrounding Net Neutrality.  (3 minutes)

Internet Service Providers Object to Letting the FCC Know About Their Service Outages

Phillip Dampier October 27, 2011 Competition, Consumer News Comments Off on Internet Service Providers Object to Letting the FCC Know About Their Service Outages

A Federal Communications Commission proposal to require Internet Service Providers to report service outages may meet with legal challenges, despite the agency’s insistence the program is designed to help monitor network reliability and potential cybersecurity threats.

The FCC has been seeking service outage reports since May, when it first asked providers for information to track 911 outages over broadband Voice Over IP networks and determine if further regulations were needed to increase service reliability.

The agency is also reported to be concerned about botnet attacks — coordinated denial-of-service attacks on individual websites done for political, personal, or profit-motivated reasons.

Providers object to turning over the data, accusing the agency of exceeding its authority.  Some are signalling they might challenge the requirements in court if the Commission doesn’t curtail the program.

Providers may be objecting because the data collected could become public, allowing anyone to chart the reliability of each respective broadband service provider.  Competitors could potentially use that information to their advantage.  Additionally, data that shows ongoing problems could be used to justify additional oversight or regulatory measures to improve performance.

Jeffery Goldthorp, the FCC’s associate bureau chief for cybersecurity and homeland security admits the agency might not have a clear mandate to pursue its monitoring program, telling CNET there was ambiguity in the agency’s authority.

Republican FCC Commissioner Robert McDowell goes further, saying “in my view, we do not have Congress’s authority to act as suggested.”

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