Phillip Dampier: "Where is the actual innovation in The Spectrum Innovation Act?"

Republican members of the Subcommittee on Communications and Technology on spectrum issues have circulated a draft bill — The Spectrum Innovation Act — which is breathtaking when you finish reading it.  For the first time I can recall, the United States Congress is proposing a way for business to bypass telecommunications laws by buying their way out.  The proposed bill would allow big spectrum holders like wireless phone companies, broadcasters, and others warehousing unused spectrum to win a “get out of regulation free”-card just by buying and selling the public airwaves.

A hearing on spectrum issues is scheduled for this Friday, and it promises to be fascinating if only to hear the reasoning behind Congress proposing to throw their own authority to the wind.

The bill’s contents are appalling for a variety of reasons:

• Public airwaves remain a private commodity that companies can buy, sell, or trade, with the not-so-fringe benefit of winning deregulation or being granted a legal free pass to ignore laws still in effect for others;
• The purchase of spectrum under this bill could allow wireless carriers to avoid even the pretense of today’s watered-down Net Neutrality policies;
• Unlicensed white space/spectrum which could be used for innovative new wireless applications could instead become warehoused by private companies for their own use (or more likely to keep others from using it.)

Harold Feld, legal director of Public Knowledge, says the impact of the House measure should not be underestimated.

Feld

“Until now, communications law has never been publicly put up for sale,” Feld said.  “This draft bill would do that by allowing broadcasters to choose which rules they will follow and which rules they won’t if they sell their broadcast spectrum at auction.”

That is distressing enough, but the implications for wireless innovation are in peril if this bill ever becomes law, according to Feld.

“The innovation and experimentation we have seen through the use of unlicensed spectrum would screech to a grinding halt,” Feld believes. “Rather than have the FCC decide how much spectrum would be used for unlicensed uses, the draft bill would require a collective bid for unlicensed spectrum higher than bids for licensed uses.  Given that unlicensed uses like Wi-Fi come from small and new companies, the future of new uses would be very bleak.”

Feld points to several provisions in the bill to prove his points:

• Pages 18-19, line 19 (regulatory relief). If you are broadcast licensee, instead of taking money from an incentive auction for repacking or moving to a different spectrum band, you can ask FCC for a waiver of any commission rule or any provision of law.

• Pages 28-29, line 8 (administration of auctions).  If someone buys a license at auction, the spectrum is exempt from even the weak Net Neutrality rules that have been approved to guard against basic anticompetitive activity in wireless service such as barring competitive services.

• Page 29, line 3.  Prohibits spectrum cap, and also eliminates the ability of  the Commission to favor small business and minority, women-owned businesses in auctions.

• Page 26, line 10. Unlicensed spectrum is subject to auction.  A block of spectrum would be put up for auction, with bidders specifying whether use would be for licensed or unlicensed use.  Unlicensed has to be higher for bid to be accepted.

• Page 30 (section begins).  Gives public safety spectrum to the states, without an auction, with a nebulous plan and some unspecified grant money to coordinate the public safety network.

He’s more than proved the point.

While such legislation would no doubt be celebrated by incumbent providers to reinforce the status quo — their status quo — it is a nightmare for everyone else — another piece of irony from some Republican lawmakers who name their bills the diametric opposite of their end effect.  We can’t think of a better way to crush innovation and destroy the potential of competition by granting today’s players deregulation and easy access to unlicensed spectrum.  It’s as oxymoronic as a level playing field in the Rocky Mountains.  That’s why we need some actual innovation in The Spectrum Innovation Act.

We have received dozens of e-mails from readers trying to add Verizon Wireless’ coveted 4G $30 unlimited-use Mobile Hotspot feature to their accounts, with varying results.  We’ve compiled, with the help of our readers, a guide to assist you in scoring the only good thing to come from Verizon’s recent changes in data pricing.  If you follow these steps, you should be good to go.

Q&A

1. What is a Mobile Hotspot and What Is Verizon offering? — Verizon Wireless offers customers a service to turn their 3G or 4G phones into a Wi-Fi provider, letting you connect your other portable devices, like a tablet or laptop, to your Verizon Wireless data connection to access the Internet over Wi-Fi.  Technically, this feature is built-in to most smartphones, but cell phone companies monetize it by charging you an extra monthly fee to use the service.  Traditionally, Verizon charges $20 extra a month (on top of your data plan) to enable this feature, and has limited it to 2GB of use per month.  Each additional gigabyte will cost you $10.  But when Verizon introduced its new 4G LTE network, early adopters to 4G phones got access to this feature for free, for a limited time.  On 7/7, Verizon’s new limited-use data plans took effect, and Verizon expired the free 4G Mobile Hotspot feature.  To placate 4G owners, it offered them the chance to continue getting unlimited use of this feature, for an extra $30 a month.

That’s a stiff price to pay on top of your monthly data plan, but because Verizon’s LTE network is currently fast enough to serve as a home broadband backup (we consistently get speeds of 11/3Mbps on LTE from our headquarters), $60 total for unlimited wireless Internet isn’t completely outrageous at those speeds.  Yes, it’s ridiculous Verizon disabled a feature built in and functional on phones in other countries, but it is the same story with other carriers as well.  We even agree with the proposition you should be able to use your unlimited data plan for anything you want, but that’s just not a reality at the moment.

2. Who exactly qualifies for the $30 unlimited Mobile Hotspot? — We have been able to confirm for sure that anyone who activated or at least ordered a 4G phone before midnight on 7/7 is qualified to upgrade to this plan.  You cannot, however, activate the plan on a 3G phone.  Only 4G models qualify.  Where things get murky is whether or not customers who currently have 3G phones can still upgrade to a 4G model after 7/7 and get this plan.  Droid Life believes the answer to this question may be “yes” based on two tweets sent from Verizon Support:

We are more skeptical, however, based on the accumulated responses we’ve collected from Verizon Wireless from our readers, which admittedly are all over the map.  Verizon reps have not been offering consistent information about the Mobile Hotspot plan since it was first announced more than a week ago.  The company is preoccupied with reassuring existing customers they were not at risk of imminently losing their unlimited data plans, an entirely different subject.

I would not upgrade to a 4G phone today in hopes of scoring this Mobile Hotspot plan unless you have the name of an employee you can use if you complete the order, try to activate the feature, and encounter resistance.  In truth, Verizon can do anything they want for any customer, new or otherwise.  The trick is finding an employee with the authority to make things happen.  Be prepared to escalate or call back if you encounter a roadblock.

3. What happens if I have a 4G phone and start a Hotspot session with a 3G signal, is it still unlimited? — Yes.  Any Mobile Hotspot session originated on this plan on a 4G phone is unlimited regardless of what network conditions you encounter, as long as you are on Verizon’s network.

4. Does this apply to mobile broadband, provided by a dongle or a MiFi device?  — No.  Only 4G smartphones qualify for this plan.

5. How many people can share my Mobile Hotspot connection at the same time? — Verizon traditionally says five, but my phone (Samsung Charge) supports up to 10 concurrent Hotspot connections.  That’s a lot, so if everyone piles on, expect some slowdowns from the shared connection.

6. Can you add and drop the featured plan and get it back later? — Verizon has not said.  The company has not responded to questions about the longevity of this plan, whether it could be withdrawn, or whether customers can add and drop it (and add it back) at will.  We see that as evidence this is a promotional add-on that is likely to be withdrawn for new customers at some point in the future.  Verizon traditionally grandfathers customers already on a plan indefinitely, which means if you have it, you can keep it.  If this feature is important to you, we recommend you add it and keep it active.  When it’s gone for new sign-ups, it’s gone.

7. I do not see the plan under Verizon’s My Services on their website.  Should I be concerned? — No.  The plan was being offered to customers initiating new Mobile Hotspot sessions on their 4G phones, but not to all.  We never found it on Verizon’s website.  The only indication it is active on your account is finding this: “4G SMARTPHONE HOTSPOT” listed on this page (to access, you must first login to your Verizon Wireless account and select the line on which the feature was ordered.)

Ordering Advice

We have found multiple methods of securing this plan, and with the thanks of Stop the Cap! reader DJ, we have even located the all-important plan number, which you can reference when contacting Verizon.  If you run into a roadblock calling Verizon customer service, or can’t get the plan added while visiting a Verizon Wireless corporate store, we have some other suggestions.

1. Customers who already had a 4G phone before 7/7 can call Verizon Wireless from your phone at 611 or 1-800-922-0204 Monday-Sunday 6am-11pm ET.  Tell them you wish to add plan code #76153 — $30 Unlimited 4G Mobile Hotspot.

2. If you activated a new 4G phone after 7/7, call VZW’s Orders & Activations Hotline at 1-877-807-4646.  Work through the prompts.  You may be prompted to accept a customer agreement and get “trapped” in a menu asking you to press “1” or “2” after accepting the customer agreement.  Press “0” and wait to be transferred to a live agent.  Tell them you wish to add plan code #76153 — $30 Unlimited 4G Mobile Hotspot.

3. If rebuffed by either, try calling 1-316-681-9940, the number to a Verizon store in Kansas that has employees active in several phone forums helping people trying to get on this plan.  They should be able to add the plan to any 4G phone account, whether you are in Kansas or not.  Again, reference plan code #76153 — $30 Unlimited 4G Mobile Hotspot.

Let us know if you still have any problems in our comments section!

The more wireless carriers try to impose punitive usage caps on their customers, the more they will shop elsewhere for wireless service or turn to free Wi-Fi alternatives.  Those are the results of an important new report from Devicescape, a Wi-Fi advocate and software creator that allows for seamless Wi-Fi connections.

At the very top of the findings of the latest quarterly report: consumers overwhelmingly continue to despise usage caps and other Internet Overcharging schemes.  At least 73 percent suggest they will take their business elsewhere if their provider cancels their unlimited usage data plan, with 80 percent making changes in how they consume wireless data — especially moving usage to free Wi-Fi networks and off 3G/4G networks.

Almost 90 percent of smartphone users already connect to Wi-Fi at home and on the road, with 64 percent using Wi-Fi hotspots at work and in shops and restaurants at least once a day.

The report also makes it clear consumers want a hassle-free Wi-Fi experience.  It should be free and open access, with no annoying PIN codes or passwords.

Wi-Fi is quickly becoming an expectation more than a treat, and businesses and communities that don’t provide it will increasingly be judged negatively by some consumers.  An even greater negative reaction can be expected from those who treat Wi-Fi access as a profit center.  Customers don’t like paying extra for access at hotels, restaurants, or while browsing around shopping malls or business centers.  Forget about annoying login or customer agreement screens as well.

While many consumers claim they will switch wireless carriers over usage caps, in reality few are currently doing so for several reasons:

1. The alternative providers still offering unlimited use plans are perceived as having lower quality coverage areas (eg. Sprint);
2. Most major carriers have grandfathered their sizable base of “unlimited plan” devotees, allowing them to retain the popular plans even as they discontinue them for new customers;
3. Customers ultimately have few choices for unlimited service.

Where customers are stuck with a usage-capped data plan, they economize wherever possible.  In particular, many rely on Wi-Fi service instead of the wireless service provided by their wireless provider.

Ironically, that’s fine with many carriers, especially AT&T, which has been promoting efforts to offload as much 3G traffic as possible onto local Wi-Fi hotspots instead.

[flv]http://www.phillipdampier.com/video/CNBC The Real Challenge Facing Tablet Sellers 6-7-11.flv[/flv]

With the release of a new tablet computer from Samsung, manufacturers are finding an increasingly challenging market as consumers are confronted with buying multiple, expensive data plans to accompany 3G-capable tablets.  Bob O’Donnell, Vice President, Clients and Displays at IDC says peddling extra data plans is hampering the tablet market, as consumers increasingly use these devices on Wi-Fi only to avoid running up yet another bill from their wireless carrier. [From CNBC]  (5 minutes)

An artist rendering of Don River Park, part of the mixed-use spaces that hallmark the Toronto Waterfront revitalization project.

About seven years ago, Rochester’s Fast Ferry offered daily service between Rochester, N.Y. and Toronto’s Waterfront.  Tens of millions of dollars later, the Rochester Ferry Company discovered that nobody in southern Ontario was that interested in a shortcut to Rochester, many locals found driving to Canada’s largest city faster, more convenient, and cheaper, and the point of arrival on the Canadian side was hardly a draw — situated in a rundown, seedy industrial wasteland.

By the end of 2006, the ferry was sold and sent on its way to Morocco, the CBC got a barely used International Marine Passenger Terminal (built for the Rochester ferry) to use as a set location for its TV crime drama The Border, and the rundown waterfront was well-embarked on a major reconstruction effort.

This week, Toronto’s Waterfront learned it was getting a broadband makeover as well, with the forthcoming launch of insanely fast 10/10Gbps fiber broadband for business and 100/100Mbps for condo dwellers along the East Bayfront and West Don Lands.

Best of all, Beanfield Metroconnect, the parent company responsible for constructing the network, promises no Internet Overcharging schemes for residents and businesses… forever.  No usage caps, no throttled broadband speeds, no overlimit fees.  Pricing is more than attractive — it’s downright cheap for Toronto:  $60 a month for unlimited 100/100Mbps broadband, $30 a month for television service, and as low as $14.95 for phone service.  Bundle all three and knock another 15 percent off the price.  The provider is even throwing in free Wi-Fi, which promises to be ubiquitous across the Waterfront.

The project will leapfrog this Toronto neighborhood into one of the fastest broadband communities in the world.

Toronto Waterfront Fiber Broadband Coverage Map

“Having this sort of capacity available to residents will allow for a whole new world of applications we haven’t even conceived of yet,” said chief executive Dan Armstrong.

The rest of Toronto, in comparison, will be stuck in a broadband swamp courtesy of Rogers Cable and Bell, where average speeds hover around 5Mbps, with nasty usage caps and overlimit fee schemes from both providers.  DSL service in the city is notoriously slow and expensive, as Bell milks decades-old copper wire infrastructure long in need of replacement.

The public-private broadband project is a welcome addition for an urban renewal effort that has been criticized at times for overspending. Created in 2001, Waterfront Toronto has a 25-year mandate to transform 800 hectares (2,000 acres) of brownfield lands on the waterfront into a combination of business and residential mixed-use communities and public spaces.  At least $30 billion in taxpayer funds have been earmarked for the renewal project, although project managers say no taxpayer dollars will be spent on the broadband project.

Waterfront Toronto’s efforts have been recognized as bringing Toronto’s first “Intelligent Community” to the city with the construction of the open access fiber network.

Still, the public corporation has its critics.  Earlier this spring Toronto city councilman Doug Ford called the urban renewal project a boondoggle.  Other conflicts rage with the Toronto Transit Commission and the mayor’s office over other redevelopment projects.  But the revitalization project’s broadband initiative has significant support, especially among knowledge workers that could eventually become residents… and paying customers.

The 21st century broadband project is also likely to bring broadband envy across the entire GTA, who will wonder why service from the cable and phone companies is so much slower and more expensive.

For broadband enthusiasts, Toronto’s broadband future looks much brighter than yesterday’s failed ferry service, which proves once again that regardless of the technology — slow, expensive, and inconvenient service will never attract much interest from the value-conscious public.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/TVO The Need for High Speed 5-2010.flv[/flv]

Canada’s digital networks are some of the slowest in the world, running between one hundred to a thousand times slower than other countries in the developed world. In this episode of “Our Digital Future – The Need for High-Speed,” Bill Hutchison, Executive Director of Intelligent Communities for Waterfront Toronto describes the sorry state of Canada’s digital infrastructure, stressing the need for major investments in advanced broadband networks.  (4 minutes)