verizon

Network Neutrality: Google, Verizon, and Us

A few thoughts on the Google-Verizon talks and behind closed doors FCC stakeholder meetings with industry...

First, neither the FCC nor Google is likely to defend the interests of the vast majority of us and the communities in which we live. Companies like Verizon don't dump millions in lobbyists and lawyers on a lark - they do it because that level of spending gets them access and action. Google, its don't-be-evil mantra notwithstanding, remains a company that looks out for its interests first.

And Google's interests may well be ensuring that its content is always in the "fast lane" despite their historic approach of pushing for an open internet where no business can simply pay to get get a higher level of service from an ISP.

This is not an "abandon all hope" post about network neutrality. The FCC has substantially changed course on this issue many times (largely due to massive public pressure - thank you to Free Press for organizing so many folks), so I still have hopes that it will enact regulations to preserve the open internet.

However, these regulations are certainly not the best approach. It is a messy approach to solving a problem that fundamentally comes down to the fact that network owners operate essential infrastructure in the private interest rather than the public interest.

We don't have to worry that national bakeries are going to be prioritized over local bakeries in access to the roads they need to make their deliveries. UPS, FedEx, and the US Post Office do not have to engage in separate agreements in every community over who gets to use the roads and what speeds they can travel on them. When it comes to roads, the rules apply to all like vehicles equally (which is to say that all big trucks are treated like big trucks and passenger cars are treated like passenger cars).

If I lived in Chattanooga, Monticello, Lafayette, Brigham City, Bristol (TN or VA), Wilson, perhaps soon Opelika, or dozens of other communities with publicly owned broadband networks, I would be watching this ongoing network neutrality fight with a rather bemused expression because my network is democratically accountable to the community and that offers far greater accountability than anything that will come out of an FCC proceeding.

Update: A fascinating reminder from the Economist on the proper role for regulators:

If companies always agreed with regulators' rules, there would be no need for regulators. The very point of a regulator is to do things that companies don't like, out of concern for the welfare of the market or the consumer.

Photo used under Creative Commons license from AdamWillis.

If Only George Carlin Were Here

Connected Nation and the utter lack of accurate maps depicting broadband options and metrics in this country reminded me of possibly my favorite comedian. George Carlin had a great routine about airlines and the safety speech given by flight attendants. In it, he has a throw-away line that continues to rattle around my head:

The safety lecture continues...

"In the unlikely event…"

This is a very suspect phrase! Especially, coming as it does, from an industry that is willing to lie about arrival and departure times!

After reading Larry Press' account of ordering DSL from Verizon, I couldn't help but wish George Carlin were still with us and also a giant broadband geek.

Larry Press' account on dealing with Verizon should be read in full, but this is what got me thinking:

Last week I ordered 7 mbps service from Verizon, but, after they switched it on, I was only getting about 1.5 mbps. I assume there were tons of retransmission errors due to an overly aggressive modulation scheme.

When I called to complain, a Verizon "technician" kept me on the phone … [and finally] got his bosses permission to schedule a "truck roll" to come to my house and fix the problem.

The minute the driver arrived, he told me that, at 9,000 feet from my central office, there was no way I was going to get 7 mbps.

We have long known that Verizon and similar companies are similarly willing to lie about their available broadband speeds (yah, I know, I'm no Carlin).

As I recently testified in a MN House hearing, the Connected Nation maps systematically overstate available broadband (particularly for DSL). And of course they do - Verizon doesn't even know what it can achieve at each premises (thought it damn well should know what it cannot offer 9,000 feet from the DSLAM).

The dumb question is: Does Verizon actually maintain a database of what it could really offer, in real world conditions, to each house (or what speeds are actually achieved when they take service). It might, but they may still just market faster speeds assuming (correctly) that most people will not know the difference between what they order and what they receive.

But the better question is: Why do we allow companies who act so consistently against the public interest to monopolize the key communications infrastructure of our era?

Verizon's interest is in being profitable. Our interest is in having an infrastructure to support our well-being. These have proven to be irreconcilable interests. Smart communities invest in self-determination with a network that meets their needs.

Unfortunately, the lies of companies like Verizon, and in the case of North Carolina, AT&T, allow legislators like Senator Hoyle to make ridiculous claims that everyone in North Carolina has access to broadband.

Hoyle says broadband access is not an issue in the state. "I've heard that BS, and it's just not true—period," he said. "Anybody that needs service has got served in this state and will continue to get served."

He cited the maps of Connected Nation, which are unreliable and use far too slow a definition for broadband.

We may not need good maps to make good policy, but bad maps sure embolden those who want to maintain or expand poor policy.

Photo, Courtesy of Flickr's SarahinVegas.

Gentlemen, Please - Dealing with a Divided Market

Susan Crawford recently posted "The Gentlemen's Agreement," noting that major cable companies have divided the national market and tend not to compete with each other (they actually help each other in some circumstances).

Though bad for everyone not named Comcast or Time Warner, this division is actually a historic accomplishment:

Even J.P. Morgan couldn’t get independently-owned railroads to agree not to compete with one another in the late 19th century. Not that he didn’t try. In 1890 one of Morgan’s associates was excited by the prospect of a Western Traffic Association that would include a director from each railroad and set uniform rates: “Think of it - all the competing traffic of the roads west of Chicago and Saint Louis placed in the control of about 30 men!” But the effort fell apart because some of the independents insisted on cutting rates and invading each other’s territories.

Cable and fiber-optic networks, as with railroads, have natural barriers to entry because the costs of building a network are very high; entrenched incumbents have nearly all the advantages should any competitor have the resources to surmount the barrier of sky-high upfront capital costs. In short, the market cannot self-regulate. We have a number of choices:

  1. Do nothing, let Comcast, et al. do as they please.
  2. Regulate: Hope the FCC or other Federal Agencies can stand up to the corporate lobbyists and regulate in the public interest.
  3. Provide a Public Option

We prefer the public option route - communities can build their own networks and remain independent of corporate control of infrastructure.

However, many communities have chosen to do nothing -- some in hopes the federal government will get its act together and reign in the power of these companies as the U.S. falls behind international peers in broadband metrics.

Verizon's FiOS has brought fiber to the home in some cities (with many cities courting the company), but some quickly found FiOS comes with significant trade-offs. Karl Bode details some of these - like Boston being shunned because it wanted Verizon to pay property taxes.

Seattle and Portland have suburbs with FiOS but are stuck with Qwest and Comcast networks in their cities. Baltimore was not deemed worthy of FiOS - presumably for the same reason as so many others who remain stuck with Verizon DSL: they had the wrong demographics. Verizon's mission is to maximize returns for its shareholders, nothing more. Communities that pin their hopes to a company like Verizon will find that Verizon has all the power in their relationship.

In contrast, communities that build their own networks can offer the same fast speeds (and faster) while knowing that no company controls its digital future. Any by owning the network, the community can open it to competition, creating a true market for broadband that FiOS communities will likely never experience.

What is Wrong With This - Lancaster Edition

From an article in the local paper about Lancaster, Pennsylvania's Google Gigabit Application:

Brogan said that if Lancaster is selected, it would not run afoul of the state Telecommunications Act. That law prohibits cities from establishing municipal broadband networks except if existing providers indicate they have no immediate plans to offer similar services.

She said the city already has a letter from Verizon clearing the way for the Google application.

Oh good, glad the city secured permission from one private company to ask a different private company to build infrastructure. In the words of Yakov Smirnoff, "What a Country!"

Stimulus Denies Excellent Projects in Idaho

Though I did not spend a lot of time following stimulus proposals, two excellent proposals did catch my eye from Idaho and I hoped that at least one of them would be funded. Alas, neither was funded by NTIA or RUS. These are exactly the networks we need throughout the country, and Idaho is exactly the state that could benefit greatly from federal assistance. I hope these projects have better luck in the second round or in securing future funding from RUS outside the stimulus project. (This is not to suggest I disapprove of the Coeur d'Alene Reservation Fiber-to-the-Home (FTTH) Project that received funding - I am not as familiar with it and therefore have no comment on it.) The town of Ammon, some 13,000 people near Idaho Falls in eastern Idaho, developed a proposal for an a type of next-generation open access network in that it would offer greater flexibility to subscribers and service providers than many current open access networks. The other project, to serve the Northern Panhandle area, was designed with Ernie Bray, who previously consulted on the Powellink network in Wyoming. The Boise Weekly briefly discussed these projects a few weeks ago, noting their open access approach that would serve residents, businesses, and key institutional anchors with fiber-optics:
"Every entity we need to work with is already a stakeholder; we're ready to go," he said. "And we will use revenues for expansion and build out. We're trying to expand the concept of a service provider and services beyond just the triple play, voice-video-data," he said. "Telemedicine is a service, hospitals are service providers. We want to take fiber to every home and every business, then connect them to libraries, schools and job services so they can take advantage of programs to help lift them up."
Local jobs are at stake and incumbent providers are doing little to help:
Quest [Aircraft], who builds the Kodiak airplane, they've gotta exchange large engineering files in real time; 250 jobs are at stake.
Verizon is busy trying to offload all of its rural territories on Frontier (a company famous for slow and poor service) so it isn't about to upgrade facilities in Idaho. More recently, Boise Weekly revisited these projects because they have been officially rejected. At the time of that article, it seemed that projects would have to turnaround a new application in 2 weeks. Fortunately, deadlines have been pushed back in recognition of the difficulties for those projects that were in due diligence until recently receiving a rejection letter. Both Ammon and the Panhandle Project should be funded under the stimulus, but the rules for Round 2 seem to focus more on middle mile infrastructure (an approach that is less controversial than funding a network that "gets all up" in an incumbent's "grill"). Without these networks, who knows when these communities will get the infrastructure of the 21st century?

Dover, Ohio, Contemplates Publicly Owned Network

Dover, a city of over 12,000 in Eastern Ohio south of Canton, has been considering a publicly owned fiber to the home network for years to complement its water and electric muni utilities. The City Council is mulling the latest proposal, one that shows a lower cost to build (probably due to a combination of technology lowering prices and lower price for labor in a recession).

The summary indicated that total funding costs have decreased from $11,615,791 in December 2008 to $10,663,410 in December 2009. Shaw estimates that operating income would make the system financially feasible after the third year and could enable the city to pay off its debt in 15 years vs. 16 years as had been predicted two years ago.

A press release from Uptown Services, a broadband consulting company provided some history:

They originally hired Uptown in 2004 to complete a broadband feasibility study. The results of that study were promising, but the City chose to wait for the economics to improve as the technology matured and costs came down over time. Uptown completed a refresh of the original study in 2008. The case had improved, but the City wanted to fine tune the cost estimates through the completion of an actual system design prior to making any final decisions on a City wide deployment. Uptown was selected in 2009 through an RFP process from a slate of qualified proposals to complete this design.

Judging from the local site explaining the networks, they really understand the power of publicly owned broadband. The FAQ include this gem:

Remember this critical point: The incumbents look for a profit and answer to their shareholders, while the City of Dover looks for the betterment of the community and answers to its citizens.

They city has Verizon and Comcast as incumbents respectively. I suspect Dover is one the thousands of communities Verizon is trying to dump on Frontier Communications rather than invest in smaller communities. The stumbling block currently appears to be deciding how to finance the proposed network.

Norton, Mass, Building Publicly Owned Institutional Network

Evidently, the Comcast-provided I-Net in Norton - a city of nearly 20,000 west of the Cape - suffers frequent outages, outraging those who depend on it. The City has decided to build their own network (after originally hoping Verizon would fund it) to connect town offices, public safety, and school sites with fiber-optic cables.

Norton predicts significant savings from the new network - just as do hundreds of other cities that are building their own I-Nets to cut costs and dramatically improve services and reliability.

The projected costs are $116,000, according to this article.

Town Manager James Purcell said the main infrastructure that will be installed will be the beginning, and likened the expenditure to paying for the installation of a major sewer line with stubs to various buildings.

Schrier Stays in Seattle, Fiber Network to Follow?

After campaigning on building a publicly owned fiber-to-the-home network in Seattle, Mayor McGinn has decided to maintain leadership at the Department of Information Technology. Department head Bill Schrier will stay on, continuing his work that lays the groundwork for a community-owned network.

He said he expects the city to apply for federal stimulus money in the first part of the year to move toward that goal. In addition to improving broadband access in homes, the initiative could help Seattle City Light implement smart-grid infrastructure, and improve public safety communications.

Another article further notes their shared ambition:

"Mayor-elect McGinn ran on a platform of bringing fiber to every home and business in Seattle, something I've advocated for several years," Schrier commented.

No post discussing broadband in Seattle is complete without a reference to Glenn Fleishman - who both wrote another story discussing the situation and then patiently responds to many comments in the thread below it. Discussing Tacoma's publicly owned Click! network, he notes that Tacoma's investment benefited everyone:

Click being built actually helped what has become Qwest and Comcast: by creating a market and making it feasible for professionals who need high-speed Internet access in Tacoma to live there, Click spurred the two incumbents to improve their networks, compete, and gain new revenue. Comcast actually thanked Tacoma Power publicly years ago; not sure it would today, but it was seen as a big boost for the viability of competitive broadband.

Photo used under creative commons license from flickr.

Verizon Actions Show Carriers Will Not Wire Rural America

In a recent post the NY Times Bits Blog, Saul Hansell reports "Verizon Boss Hangs Up on Landline Phone Business" - something we have long known. Nonetheless, this makes it even more official: private companies have no interest in bringing true broadband to everyone in the United States.

Verizon is happy to invest in next-generation networks in wealthy suburbs and large metro regions but people in rural areas - who have long dealt with decaying telephone infrastructure - will be lucky to get slow DSL speeds that leave them unable to participate in the digital age. These people will be spun off to other companies so Verizon can focus on the most profitable areas.

For instance, Verizon found it profitable to spin off its customers in Hawaii to another company that quickly ran into trouble before unloading most of its New England customer on FairPoint, moves that enhanced Verizon's bottom line while harming many communities (see the bottom of this post and other posts about FairPoint).

Isen has been writing about it recently - picking up on FairPoint immediately breaking its promises to expand broadband access in the newly acquired territories. No surprise there.

Isen also delved deeper into Verizon's actions, with "Verizon throws 18 states under the progress train." He is right to push this as a national story - the national media focused intently on the absence of major carriers in the broadband stimulus package but they seem utterly uninterested in major carriers running away from broadband investments in rural areas.

Though Frontier likes to position itself as a company focused on bringing broadband to rural areas, it offers slow DSL broadband and poor customer service to people who have no other choices - more of a parasite than angel. As long as we view broadband as a vehicle for moving profits from communities to absentee-owned corporations rather than the infrastructure it truly is, we will farther and farther behind our international peers in the modern economy.

Perhaps the most frustrating angle of these transactions are the many ways in which Verizon benefits from stranding thousands of communities. West Virginia is one of the states most impacted by the proposed Verizon-Frontier swap and has generated in-depth coverage of the story.

She [Elaine Harris of Communications Workers of America (telephone employees union)] believes the payoff for Verizon is it cannot only make money selling off its assets, but it can take advantage of a federal tax loophole that allows tax-free mergers between companies. The smaller companies are left saddled with debt and, as a result, can't make the necessary upgrades to existing infrastructure, turning off customers and ultimately leading to work force reductions as dissatisfied customers turn somewhere else.

Trying to figure out how to force absentee-owned, profit-maximizing corporations to bring true broadband to everyone ignores the reality of our market system: we are trying to force the square peg through the round hole. These companies may well invest in urban and suburban areas (though these areas continue to fall behind major cities elsewhere in the world) but they have no reason to invest in rural America. To get the job done, we need smart public investments to ensure everyone benefits from the communications revolution.

When we expanded telephone and electrical infrastructure to everyone, everyone in the United States benefited because networks always become more valuable as they increase in size. More people on the network means increased markets, increased productivity, and a higher quality of life.

Ensuring everyone has quality broadband is not charity for rural folks, it is in all of our self-interest. The narrow self-interests of Verizon, Frontier, and FairPoint (this is not a shot at them, companies are designed to have a narrow self-interest for legitimate reasons) do not line up with our larger national interest - something that too few people understand when dealing with broadband policy.

This is a video offering good coverage of the FairPoint problems:

Photo by Derek Jensen, used under creative commons license.

Statewide Video Franchising: Bad for Communities

Folks who are mostly interested in broadband are probably unfamiliar with video franchising laws. Many people still apparently believe that cable companies are able to get exclusive franchises from the city (granting them a monopoly on providing cable television). However, that is not true and has not been true for many years.

Most cable companies still have a de facto monopoly because it is extremely difficult to overbuild an existing cable company - the incumbent has most of the advantages and building a citywide network is extremely expensive. This is not a naturally competitive market; it is actually a natural monopoly.

However, most people want a choice in providers (something that goes beyond a single cable company and a satellite option or two depending on whether you rent/own and your geographic location. In talking with many local officials and the National Association of Telecommunications Officers and Advisers (NATOA), it seems that almost every local government wants more competition in its community too.

This is where telephone and cable company lobbyists have stepped in - more successfully at the state level than at the federal level. They have convinced legislators that the barrier to more competition is local authority over the franchise (the rules a company agrees to in return for the right to use the community's Right-of-Way in deploying their network). These rules include red-line prohibition (you cannot refuse to serve poor neighborhoods), an affordable "basic" tier of service, local public access channels, broadband connections at public buildings, etc.

Some states have listened to the lobbyists and enacted statewide franchising - where local communities are stripped of the authority to manage their Right-of-Way and companies can offer video services anywhere in the state by getting a state franchise from the state government. Every year, we gather more data that this practice has hurt communities, raised prices, and barely spurred any competition. Most of the competition it is credited with spurring came from Verizon's FiOS deployments, which would have occurred regardless of state-wide franchise enactment.

This touches directly on broadband because the statewide franchises often give greater power to companies like Verizon to cherry-pick who gets next generation broadband. Wealthier neighborhoods will increasingly get access to faster networks as private companies are allowed to cherry pick. This practice not only leaves poorer parts of town behind, it makes them even harder to serve when those areas cannot be balanced with higher-revenue sections producing sections of town (who already have service).

Recently, this issue resurfaced with new evidence that state-wide franchising was little more than a giveaway to private companies who are increasingly profits at the expense of communities who still have no choice in providers.

Both Phillip Dampier at Stop the Cap and Karl Bode at DSLReports have deeply linked posts on this matter that cover Michigan, Tennessee, and Wisconsin. Stop the Cap also delves into how Comcast spends in millions lobbying - you didn't think we get hit for rate increases every year for nothing, did you?

The Detroit Free Press ran Brian Dickerson's "With Regulation like this, who needs Monopoly?"

Now, three years after AT&T's champions in the Legislature crowed that Comcast's reign as the 800-pound. guerrilla of Michigan cable service was over, Comcast remains the state's dominant provider, maintains a de facto wire-line monopoly in most its franchise areas, charges higher rates for basic cable service, and has far fewer legal obligations to the subscribers and communities it serves.

What most of this comes down to is accountability. Local governments are accountable to the citizens. Companies like Comcast and AT&T are accountable to their shareholders. There is no perfect arrangement, but I would err on the side of a network being accountable to the community.

Photo courtesy of photocamp.

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