Home » Net Neutrality » Recent Articles:

FCC Underwhelmed By National Broadband Plan Comments: “Sloppy” and “Lack Seriousness”

Phillip Dampier July 22, 2009 Editorial & Site News, Public Policy & Gov't 2 Comments
Blair Levin, Broadband Czar

Blair Levin, broadband czar

Blair Levin is a broadband czar with a lot on his mind, and he unloaded a lot of it at a public conference this week.  He’s been spending his summer wading into more than 8,500 pages of comments the Federal Communications Commission (FCC) has received on the question of how to formulate a national broadband plan.  Individual consumers using the submission form like a blog’s comment section was the least of his concerns.  Levin has grown far less optimistic about the value of the comments as he digs deep into the pile before him.  His conclusion: at least some of the companies and groups that can afford the most expensive lawyers and professional presentations essentially pulled off an all-nighter let’s-wing-it-effort.

Levin particularly called out a “large telco” that submitted an extensive paper promoting its position loaded with intellectual sloppiness, right down to including a slide that contradicted the phone company’s own arguments.

Levin also claimed a lot of the submissions were loaded with platitudes and consensus about a model broadband society everyone would like to see, with no road map to actually achieve that goal.

The broadband czar reserved special criticism for the locust-like lobbyists who have descended on the comment process with self-serving proposals that are crafted with a “mine first” mentality that cuts out other players.  Levin claimed providers are much more interested in protecting their existing market and business plans before they consider how changes in the marketplace can increase the number of customers available to them.  That’s a mentality consumers are familiar with as broadband providers attempt to protect their video business models with attempts to limit or overcharge for broadband access.

He was upset that plans to open up new spectrum for next generation broadband services were met with resistance from other providers.  Wireless spectrum expansion for broadband projects was promoted as “essential” in one proposal, and attacked as a dangerous threat in another.  Levin characterized the turf war as, “get [the spectrum] from somebody else.”

Many of the major providers are treating the national broadband plan as a giant piggy bank, waiting to shower them with cash for vague projects or goals.  “Look I’ve got to say this — we are not going to be Santa Claus,” Levin said. “There’s actually very little in the 8,500-something pages that moves the ball forward,” Levin said.

Consumer advocacy group Free Press, which submitted an extensive pro-consumer broadband plan of its own, which Stop the Cap! supports, agreed with much of what Levin complained about in a new filing today, in response to Levin’s remarks.

Derek Turner, Free Press

Derek Turner, Free Press

Derek Turner, research director at Free Press, said “the FCC should not be duped by the incumbents’ self-serving claims. The national broadband plan must be built on a record of meaningful data and analysis — not on flimsy evidence and discredited arguments.”

Turner was pointing to telecommunications lobbying policies which reach not only the FCC, but elected officials.

Indeed, they are repeats of the same mantra over and over — “deregulation.”

“Incumbents have the largest pool of resources and broadband data at their fingertips, but their comments offer nothing more than the same old tired pro-deregulation arguments. It is clear from their recommendations that the phone and cable companies want the national broadband plan to simply be a ‘do-nothing’ plan — a strategy that has already proven to be an epic failure for consumers,” Turner added.

Incumbent carriers keep that pool of resources and data close to their vests, refusing to make it widely available for detailed independent analysis.  Instead, their “government affairs” lobbyists engage in astroturfing efforts to hoodwink consumers and policymakers with biased data and maps that help sell their agenda of deregulation and public financing of needed broadband projects, with little or no oversight or conditions.  Most important, they universally characterize today’s broadband offerings as excellent and evidence that the “marketplace is working,” even as the United States falls further behind other nations in access, speed, and low pricing.

While Levin is right to be exasperated at the special interest folderol, the FCC’s previous hands-off attitude during the Clinton and Bush Administrations set the stage for the ballet being performed today.  A deregulatory framework, started by the Clinton Administration and embraced on entirely new levels by the Bush Administration, combined with an agency timid to get involved in oversight potentially raising the ire of Congress, made it possible for 8,500 pages of generic happy talk and thinly disguised grant applications to weigh heavily on his desk.

Caught in the middle, as usual, are consumers.  Most of them were the ones typing their comments into the FCC comments submission page in “the big box,” instead of uploading a professionally prepared multi-hundred page PDF document.  Their needs are simple: affordable, fast, widespread broadband, with Net Neutrality embraced and Internet Overcharging schemes banned.  For those who already have the service, they want the FCC to make sure providers don’t leverage their monopoly or duopoly into a Money Party.  For those who don’t, they simply wonder how the most powerful country on earth cannot “get it done” without 8,500 pages and hundreds of millions of dollars potentially flushed away to feed special interest coffers while their needs are ignored or met with “this is good enough service for you” condescension.

Of course, no matter what Levin thinks, a lot of those providers with mixed up slides and Red Bull fueling their all-nighters know the FCC doesn’t have the last word on anything.  They’ll take the dog and pony show straight to Congress, with checks in hand to lubricate the conversation. Making sure Congress ultimately listens to their constituents will be up to voters like you and I.

New FCC Chairman Wants Broader, Cheaper Broadband Access & More Competition

Phillip Dampier July 20, 2009 Public Policy & Gov't 3 Comments
FCC Chairman Julius Genachowski

FCC Chairman Julius Genachowski

In a dramatic departure from the former Federal Communications Commission’s largely “hear no evil, see no evil” oversight, Julius Genachowski, the new Chairman of the Federal Communications Commission, is a downright activist.

Genachowski, over the course of several interviews given this week, has made it clear that he sees major problems in the American broadband industry — it’s too expensive, it’s not competitive enough, and its widespread availability is absolutely critical to the economic success of the United States in coming years.  He’s made it clear broadband will be the most important issue before the agency for the immediate future.

“It’s tremendously important. I’m convinced that broadband is our generation’s major infrastructure challenge, akin to what railroads were, what the highway system was and universal electricity. This is the platform that will determine whether the country can compete in the 21st century. If we get this right, our broadband infrastructure will be an enduring engine for job creation, economic growth, investment, innovation, so it’s essential,” Genachowski said in an interview published today in The Wall Street Journal.

Although short on specifics in most of the interviews given to date, Genachowski has signaled his interest in preserving the concepts of Net Neutrality — providing open and equal treatment of Internet traffic without favoring or throttling traffic.

“The openness of the Internet has been a big driver of that. And it is important that we preserve that openness in order to drive investment, innovation, job creation and economic growth,” he said.

With the departure of the former FCC Chairman Kevin Martin earlier this year, Genachowski will mirror much of the Obama Administration policies and their telecommunications agenda.

Martin’s FCC, with a Republican majority, exercised a deregulatory approach to oversight, and was frequently criticized for not protecting consumer interests.  But Martin did routinely clash with the nation’s cable television operators, in his unsuccessful effort to force them to provide a-la-carte cable television programming tiers.  Martin’s leadership also brought about heightened oversight of “decency” policies impacting broadcasters, and resulted in substantial fines for radio and television stations that violated language or decency standards.  Most agency watchers summarize the last eight years of telecommunications policy as generally industry friendly, particularly to telephone companies, and mildly hostile to cable.  The Commission also sought to permit an increase in ownership concentration of the nation’s radio and television services, and approved mergers routinely, including one between former competing satellite radio providers XM and Sirius.

Genachowski’s FCC is expected to substantially change its regulatory approach, but only over time.

Although it will maintain an activist approach to broadband issues, Genachowski believes a top-down ‘agency makeover’ is required to prepare the FCC to meet the challenges of the 21st century.

“There are real challenges given the state of the infrastructure at the agency. As an example, there are literally millions of pages of documents that should be available to the public, and technically are because people can come in and look them up, that aren’t in digital form at all. They’re in paper. Some of these are historical documents, but there’s a huge resource downstairs in the pubic reading room that has something like 7,000 linear feet of paper that we really do need to digitize and put online. There’s a lot of paper that is online but not in machine-readable format, it’s not searchable,” he said.

Most FCC watchers believe the agency will move forward on several issues in the next 12-24 months:

  1. A review of the Universal Service Fund (USF), which collects several dollars from every telephone customer in the United States to help underwrite and defray expenses of the nation’s most rural and disadvantaged telephone subscribers.  The USF has been roundly criticized for collecting an enormous amount of money, and squandering it on projects that go well beyond the Fund’s original intent, resulting in considerable waste, fraud, and abuse.  Genachowski’s FCC will be asked to consider using USF money to deploy and/or underwrite broadband service in areas not economically viable enough for private companies to provide service.
  2. A review of the state of the competitiveness in the broadband, telephone, and wireless telephone industries, with particular emphasis on the latter.  Wireless phone companies like Verizon Wireless and AT&T Mobility are already under scrutiny for their exclusivity agreements with telephone equipment manufacturers, and their attempts to hold consumers’ hostage by refusing to permit them to reactivate their phones on other company’s networks.
  3. A review of applications and filings by broadcasters relating to low power radio and television, improving reception for digital over the air television signals, indecency complaints, and mergers and acquisitions in the industry.

Help Google Tell The Movers & Shakers What YOU Want From Broadband Stimulus

Stop the Cap! reader Lance wrote this afternoon letting us know Google has a project running for the next few weeks to ask ordinary Americans, you know, the ones who don’t have their own astroturf groups, slick lobbyists, and Re-Education literature, what you and I want from broadband stimulus funding and a national broadband plan.

Google_special_logoSubmit your ideas for a National Broadband Plan
Google and the New America Foundation have teamed up to launch this Google Moderator page, where you can submit and vote on ideas for what you think the Federal Communications Commission should include in its National Broadband Plan. Two weeks from now we’ll take the most popular and most innovative ideas and submit them to the official record at the FCC on your behalf.

So do you have any good ideas? Submit them today — and you just might help change the face of broadband in the United States.

The operative word there is “might.” Without a massive deluge from angry consumers, the killer bee swarm of lobbyists and other special interests will surround and fly away with the honey pot of federal broadband stimulus funding. But you can’t win if you don’t play, so let’s get busy.

Here was my submission, which you can choose to give a thumbs-up to if you support it:

“A clear prohibition on Internet overcharging schemes! No usage caps, speed throttles, and consumption-based tiered pricing. Net neutrality enshrined into law, open competition, even if it comes from municipalities, and the more fiber, the better!”

Finding submitted ideas is best achieved by using the Search box at the top of the Google Moderator page. You can find mine with a search for “net neutrality.”

Some of the ideas from ordinary consumers that are already getting plenty of support are excellent, common sense winners in our humble opinion, so be sure to vote “thumbs-up” for these as well:

  • “Install broadband fiber as part of every federally-funded infrastructure project. Most of the cost of deployment is due to tearing up/repaving roads. Laying fiber during public works projects already underway would dramatically reduce costs.”
  • “Force real competition in any given market for broadband services from the same types of provider to eliminate monopolies (i.e. multiple cable providers competing in the same market).”
  • “Charging per-data-rate (EG: per gb) is a bad idea. You don’t get charged per hour you watch cable on top of your monthly subscription and additional channels, why should you pay per hour or per gb for access to the Internet?”
  • “Stop the ability of private companies to block local governments from trying to deploy their own broadband solutions. There have been numerous examples of this, and it really stifles broadband expansion.”
  • “Place residential broadband under the same regulations as other utilities. Require companies to publish their tariffs, and forbid hard caps. Require a portion of the proceeds to be invested into improving the infrastructure.”
  • “Recognize that high-speed, reliable and unfiltered Internet access in the 21st century is a civil right on par with free speech and a right to an education and not a simple luxury for those who can afford it. More federal funding, fewer monopolies.”
  • “Get ConnectedNation out of the loop. Funded by telecos and cablecos and are lobbying congress using false and misleading data.”

How to participate:

  1. You need to have a registered Google account. You have one already if you use Gmail or other Google services.
  2. Visit this page to find the question.
  3. You will find a login link at the bottom. Click it and you can login or get a new Google account.
  4. You will be shown a list of ideas submitted by others. They often appear randomly.
  5. On the right side of your screen, you will see a place to approve (checkbox) or disapprove (an “x” in a box) of various ideas.
  6. Vote for as many or as few as you like.

You can also submit your own idea.

The most popular ideas will be part of Google’s submission to the FCC.

Let us know what idea you are voting for and if you submitted any of your own in the Comments section.

Click on the "Comments" link shown circled to go directly to reader comments, and share your own views!

Click on the "Comments" link shown circled to go directly to reader comments, and share your own views!

For new readers, you can get involved in the conversation by clicking the comments link found as part of the heading of every article here, or just click the headline and scroll down the bottom of your screen where you can find a place to share your thoughts!

CRTC Net Neutrality, Internet Overcharging, & Throttling Hearings: A Complete Guide

Phillip Dampier July 14, 2009 Audio, Canada, Net Neutrality, Public Policy & Gov't 2 Comments

CRTC Review of the Internet Traffic Management Practices of Internet Service Providers

July 6 — July 14, 2009
Conference Centre – Outaouais Room
140, Promenade du Portage
Gatineau, Province du Québec

Canada

<

p style=”text-align: center;”>

The CRTC hearings are being held to establish guidelines on practices that internet service providers use to manage traffic and congestion on their networks.  Among the issues under consideration: reducing the speeds of certain Internet applications such as peer-to-peer traffic, establishing usage allowances and/or limits on usage, and whether such practices potentially favor existing providers by protecting their other businesses from competition.


Hearing Transcripts


The official written transcripts of the CRTC hearing proceedings, primarily in English, released by the Canadian Radio-television Telecommunications Commission.

July 6, 2009 — CRTC Web Document

July 7, 2009 — CRTC Web Document

July 8, 2009 — CRTC Web Document

July 9, 2009 — CRTC Web Document

July 10, 2009 — CRTC Web Document

July 13, 2009 — CRTC Web Document

July 14, 2009 — CRTC Web Document

<

p style=”text-align: left;”>

Hearing Audio


Unfortunately, audio from the session of July 6 is not available at this time.  Please consult the official written transcripts provided above. Also, hearings in Canada often feature speakers that switch fluidly between English and French when delivering testimony or answering questions. The vast majority of the hearing was conducted in English. On July 13th, there was some extended testimony delivered in French. Some Bell employees flipped back and forth between English and French during their testimony as well. Therefore, for those who are not bilingual, we have included a special audio file recorded from the simultaneous English translation feed on that day.

July 7, 2009

<

p style=”text-align: center;”>CRTC Hearing: Day Two – Morning & Afternoon Session — Gatineau, PQ – July 7, 2009 (207 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

July 8, 2009

<

p style=”text-align: center;”>CRTC Hearing: Day Three – Morning Session (Part 1) — Gatineau, PQ – July 8, 2009 (57 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Three – Morning Session (Part 2) — Gatineau, PQ – July 8, 2009 (42 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Three – Afternoon Session (Part 3) — Gatineau, PQ – July 8, 2009 (25 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Three – Afternoon Session (Part 4) — Gatineau, PQ – July 8, 2009 (78 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

July 9, 2009

<

p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 1) — Gatineau, PQ – July 9, 2009 (68 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 2) — Gatineau, PQ – July 9, 2009 (56 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Four – Afternoon Session (Part 3) — Gatineau, PQ – July 9, 2009 (37 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Four – Afternoon Session (Part 4) — Gatineau, PQ – July 9, 2009 (48 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

July 10, 2009

<

p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 1) — Gatineau, PQ – July 10, 2009 (73 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Four – Morning Session (Part 2) — Gatineau, PQ – July 10, 2009 (41 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Four – Afternoon Session (Part 3) — Gatineau, PQ – July 10, 2009 (29 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

July 13, 2009

<

p style=”text-align: center;”>CRTC Hearing: Day Five – English Translation Feed — Gatineau, PQ – July 13, 2009 (281 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Five – Morning Session (Part 1) — Gatineau, PQ – July 13, 2009 (33 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Five – Morning Session (Part 2) — Gatineau, PQ – July 13, 2009 (91 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Five – Afternoon Session (Part 3) — Gatineau, PQ – July 13, 2009 (66 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

<

p style=”text-align: center;”>CRTC Hearing: Day Five – Afternoon Session (Part 4) — Gatineau, PQ – July 13, 2009 (67 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

July 14, 2009

<

p style=”text-align: center;”>CRTC Hearing: Day Six – Morning & Afternoon Session — Gatineau, PQ – July 14, 2009 (159 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

<

p style=”text-align: center;”>

Recordings courtesy of: “Bonkers”

A False Choice: Accept Network Throttles or Usage Based Pricing

Phillip Dampier July 8, 2009 Canada, Editorial & Site News 1 Comment
Phillip Dampier

Phillip Dampier

I have been following the Canadian hearings on Net Neutrality and Canada’s widespread use of bandwidth throttles and usage limits on broadband access.  It has been an issue confronting customers of the largest telephone and cable providers across Canada for at least a year.  Now that these practices have spread to wholesale accounts, which directly impact independent Internet Service Providers, it has created a major hullabaloo across the country.

The Canadian Radio-television Telecommunications Commission (CRTC) has decided to address these two issues together during the week-long hearings.

Unfortunately for Canadians, there is considerable division about how to manage Internet traffic, based on a premise from the largest providers that they do not have the capacity to provide everything to everybody.  Of course, getting providers to cough up raw data and allowing an independent group to verify it is like trying to feed your dog a head of lettuce.  You always have a fight on your hands.

Everyone attending has an agenda, and more than a few are willing to throw each other under the bus if it means getting what they want.  Some pro-content groups who also claim to be pro-consumer, but receive money from private businesses want no bandwidth throttles and suggest usage based pricing is the better option.  Some wholesale ISPs would prefer to put up with peer-to-peer usage throttling and “equal” throttling of other Internet applications if it means no usage based pricing for their wholesale accounts.

Consumers don’t want either one, and cannot understand why an industry raking in such enormous profits can’t simply make the investments required to rake in even more profits, especially if they create their own new products and services to take advantage of the broadband marketplace they are helping to create.

Canada’s largest providers have enjoyed the fight, and have managed to take advantage of the divisions created by groups willing to sacrifice each others’ interests for their own sake: they imposed BOTH usage based pricing and bandwidth throttles.  Oh, and raised your broadband bill by at least 10% for good measure.

This comes as a result of the myopic “only my interests matter” agendas some of these groups bring to the hearing room, and Commissioners obviously realize it, based on some of their challenging questions back to those testifying.

No hearing on these issues should ever rely on an unproven premise: the great exaflood, the clogged pipes, the torrent of data is upon us and we cannot survive without imposing limits, rate increases, and try to control usage.  Bring in an independent auditor and provide full access to raw usage data, consider how much investment companies are making in their networks compared with the profits they extract from them, and then consider whether we have a problem and examine possible solutions to it.  These third party astroturf groups releasing bought-and-paid-for “independent research” and equipment manufacturers with an agenda are not suitable for the task either.

Just as we’ve seen providers attempt to custom-draw their own maps for broadband penetration, providers are only too happy to release their own massaged data, but won’t allow anyone outside of the company to do so, ostensibly for privacy and competitive reasons.  Sorry, that’s not even close to being acceptable.

Stop the Cap! opposes Internet Overcharging schemes, which include usage based pricing and limits.  But we also oppose bandwidth throttles, free passes for provider-owned content while everyone else faces some “meter,” and companies that believe in “this is fast enough for you” broadband speeds which are far slower than those in more competitive markets.  We support Net Neutrality.  We support public investment in broadband development, as well as private investment.  We’re happy to support a deregulated framework for broadband when it works for consumers.  But we want oversight and regulation where competition is insufficient or non-existent.

As we’re watching events unfold to our immediate north, it’s clear other pro-consumer organizations and those that want to claim to represent consumers must also be on the same page so we don’t make the same mistakes.  We cannot be willing to throw in the towel on Net Neutrality if it means no Internet Overcharging, and we should never support Net Neutrality alone if it subjects consumers to enormous Internet bills because of some rationing plan that subjects people to overlimit fees and paltry usage allowances.

The only real choice is fast, affordable, reliable broadband service.  If private companies can’t or aren’t willing to provide it, than it’s time for municipal or public sector projects to build the infrastructure necessary to guarantee it.

Search This Site:

Contributions:

Recent Comments:

Your Account:

Stop the Cap!