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New Year, Same Lame Cable and DSL Monopolies

It's a new year, but most of us are still stuck with the same old DSL and cable monopolies. Though many communities have built their own networks to create competition and numerous other benefits, nearly half of the 50 states have enacted legislation to make it harder for communities to build their own networks.

Fortunately, this practice has increasingly come under scrutiny. Unfortunately, we expect to see massive cable and telephone corporations use their unrivaled lobbying power to pass more laws in 2012 like the North Carolina law pushed by Time Warner Cable to essentially stop new community broadband networks.

The FCC's National Broadband Plan calls for all local governments to be free of state barriers (created by big cable and phone companies trying to limit competition). Recommendation 8.19: Congress should make clear that Tribal, state, regional and local governments can build broadband networks.

But modern day railroad barons like Time Warner Cable, AT&T, etc., have a stranglehold on a Congress that depends on their campaign contributions and a national capital built on the lobbying largesse of dominant industries that want to throttle any threats to their businesses. (Hat tip to the Rootstrikers that are trying to fix that mess.)

We occasionally put together a list of notable achievements of these few companies that dominate access to the Internet across the United States. The last one is available here.

FCC Logo

As you read this, remember that the FCC's National Broadband Plan largely places the future of Internet access in the hands of these corporations. On the few occasions the FCC tries to defend the public from their schemes to rip-off broadband subscribers, Republicans (joined by a number of Democrats) threaten to overrule what is supposed to be an independent agency to defend the corporations that just happen to be donors to their campaigns.

Back when most assumed AT&T would be able to push its horribly anti-competitive takeover with T-Mobile through an impotent federal government, a few stories exposed the tip of the iceberg of AT&T's astroturf efforts, as with this report from the Center for Public Integrity:

“It is important that we, as Christians, never stop working on behalf of the underserved and forgotten,” the Rev. R. Henry Martin, director of the clinic, wrote to FCC Chairman Julius Genachowski in June. “It might seem like an out-of-place endorsement, but I am writing today in order to convey our support for the AT&T/T-Mobile merger.”

...

Not included in Martin’s letter to the FCC was the fact that his organization had received a $50,000 donation from AT&T just five months earlier. Indeed the Shreveport-Bossier Mission is one of at least two-dozen charities that were recipients of AT&T’s largesse and have written in support of the T-Mobile buyout, which will cut the number of national wireless companies from four to three.

When AT&T's wasn't able to buy enough influence with legitimate groups willing to sell out the interests of their members (who would pay more for their communications in a less competitive environment), it would simply create its own groups to push its interests:

AT&T Logo

Tallahassee Mayor John Marks brought an Atlanta nonprofit to the city as a partner in a $1.6-million federal-grant project, saying it would put high-speed Internet into the hands of poor people.

What he didn't say, and now says he didn't know, was that the Alliance for Digital Equality (ADE), in its first three years of existence, was nearly 100-percent funded by AT&T and spent most of its money — four of every five dollars — to pay board members, consultants, lawyers and media companies to push the global communication giant's positions on Internet and wireless regulation. Nor did Marks disclose, initially, that ADE had paid him $86,000 over several years as a member of its board of advisers.

We continue to see these massive companies abuse their market power to increase their prices, knowing that their lobbying arms will continue pushing legislation to stop communities from building their own networks.
Time Warner Cable hiked its rates in North Carolina immediately after passing its legislation to stop communities from building networks. Mediacom raised its prices while it attempts to sabotage efforts in rural Minnesota to build networks in unserved areas. And invented new fees to rip off its subscribers while trying to disrupt a rural fiber-to-the-farm initiative that slightly overlapped some territory in which they have long refused to invest.

Even as profits on cable broadband services approach Exxon proportions, Time Warner Cable has pushed for usage-based pricing to further overcharge subscribers, but mostly to strangle enormously popular competitors like Netflix. CenturyLink is not far behind, with usage caps prioritizing its own video content over competitors.

Verizon Wireless tried to sneak a new fee past subscribers by announcing it just before Christmas but backed down after outraged consumers reacted. One has to wonder whether it would have backed down in a world where AT&T took over T-Mobile, resulting in 3 out of 4 wireless customers being with Verizon Wireless and AT&T. Four competitors isn't the robust competition envisioned by Adam Smith, but it still beats the duopoly dynamic that results from even less competition.

Verizon Logo

Speaking of less competition, the recent deal between Verizon and cable companies is troubling. We already knew that FiOS was all but dead, but this deal truly puts a fork in it:

I'll assume that neither cable operators or Verizon are going to let us see the deal fine print to confirm the Times guess, but the logic fits Verizon's strategy. Verizon already cherry picked the most valuable FTTH upgrade markets, and has shown total disinterest in further upgrades. This deal allows them to save money on FTTH upgrade costs, instead soaking up remaining customers with LTE -- which we noted was the plan some time ago. This deal is very bad news to the rural telcos without the cash for large-scale upgrades (CenturyLink, Frontier, Fairpoint, two of which Verizon sold aging DSL networks to), and for satellite broadband providers.

The future of next-generation networks is now only community networks, cooperatives, and some small private networks.

We've long argued that phone and cable companies have systematically overstated their coverage in mapping efforts as part of their effort to blunt any sensible public policy that would result in all Americans having a choice between fast, affordable, and reliable connections to the Internet. The New England disaster called FairPoint is back in the news for overstating the number of subscribers that have access to DSL. The company has not met the requirements it agreed to when purchasing Verizon's lines a few years ago.

Comcast Logo

And in the continuing saga of Comcast's growing domination over the information people can access, Bloomberg TV is fighting Comcast's practice of discriminating against channels in which it has no ownership stake. Comcast has long strongly encouraged those who want to put television channels on its lineup to give Comcast a piece of the action, not unlike a mobster encouraging a small business to pay protection money. It wants to continue expanding its role as a gatekeeper to the Internet, particularly in the many areas where people have no real choice from other high speed providers.

And perhaps the best example of why we should not trust these massive corporations to run essential infrastructure is the revelation that AT&T defunded 9-11 call centers in Tennessee to gain a market advantage over competitors, a practice they were previously caught doing, leading to settlements out of court.

These corporations are not evil, they are following a sensible mandate to maximize their shareholder value. It is our government that is not sensible -- entrusting them with the future of Internet access without even bothering to enact the most basic regulations. Communities must continue to wise up and ensure they have the access they need to modern communications -- access that reponds to their needs, not those of distant shareholders.

The Internet is More Important than Broadband

I encourage readers to visit Doc Searls post "Broadband vs. Internet" for a discussion about things that matter regarding the future of Internet access for most Americans.

The Internet is no more capable than the infrastructures that carry it. Here in the U.S. most of the infrastructures that carry the Internet to our homes are owned by telephone and cable companies. Those companies are not only in a position to limit use of the Internet for purposes other than those they favor, but to reduce the Net itself to something less, called “broadband.” In fact, they’ve been working hard on both.

There is a difference between the Internet and "broadband." Broadband is a connection that is always on and tends to be somewhat faster than the dial-up speeds of 56kbps. Broadband could connect you to anything... could be the Internet or to an AOL like service where some company decides what you can see, who you can talk to, and the rules for doing anything.

The Internet is something different. It is anarchic, in the textbook definitional sense of being leaderless. It is a commons. As Doc says,

The Internet’s protocols are NEA:

  • Nobody owns them.*
  • Everybody can use them, and
  • Anybody can improve them.

Because no one owns it, few promote it or defend. Sure, major companies promote their connections to it (and when you connect to it, you are part of it) but they are promoting the broadband connection. And the biggest ones (Comcast, AT&T, Verizon, Time Warner Cable, etc) will do anything to increase the profits they make by being one of the few means of connecting to the Internet -- including charging much more and limiting what people can do over their connection, etc.

This is one reason the connections from major corporations are so heavily tilted toward download speeds -- they want consumers to consume content. Just about every community network built in the last 3-4 years offers symmetrical connections by contrast.

Last I heard, the fastest cable offering in the upstream direction was 12Mbps. Cox, our cable provider in Santa Barbara, gives us about 25Mbps down, but only 4Mbps up. Last time I talked to them (in June 2009), their plan was to deliver up to 100Mbps down eventually, but still only about 5Mbps up. That’s competitive as long as all you want is “content delivery.” But what about when you want to live “in the cloud,” and all your data is elsewhere? In the long run you’ll need a lot more upstream as well as downstream capacity for that. Internet service optimized for media delivery (where TV especially wants to go) won’t cut it. But then, most people aren’t looking at that. They’re looking at TV on their iPads over broadband, and thinking that’s way cool enough.

So here we are, smack up against what John Perry Barlow warned us about in Death From Above, way back in early 1995. There he wrote, “The cable companies and Baby Bells have a model for developing the next phase of telecom infrastructure which, were it applied to the design of physical superhighways, would have us building them with about five thousand lanes in one direction and one lane in the other.”

This is where Bob Frankson comes in, reminding us that the big cable and phone companies are good at billing, not connecting. Their methods and procedures are optimized to maximize their revenues, not to maximize the benefits of the Internet or anything else. Back to Doc:

The division is between what communications wonks crudely characterize as “net-heads” and “bell-heads.” Think of conflict as one betwee any and only. Net-heads want the Net to support anything. Bell-heads want communications systems optimized only for the businesses they prefer — namely, their own — and to avoid even talking about the Internet. (Bell-heads have never been comfortable with the Net, because it was not made to bill. TV and telephony are easy to bill, and so is “content” in general. Thanks to Apple’s and Google’s pioneering work —mostly in league with the operators — so now are apps.)

Community Broadband generally sides with the net-heads. The focus tends to be on what is best for the community as a whole, rather than what is good for a single company or industry. After all, if a community had a choice between one business providing 5,000 jobs and 500 businesses each providing 10 jobs, they would be crazy to opt for the single employer.

Verizon had been the only major company investing in next-generation networks with its FiOS deployment. It is done expanding -- unless you live in one of the wealth neighborhoods or suburbs that got it, you won't. AT&T has even ceased its pathetic U-Verse upgrades, even as they spend millions to prevent communities from building their own, much better networks. Communities that want to be relevant in 10 years take notice -- and take a good hard look at building a locally owned network that responds to the needs of the community.

Doc Searls photos used under creative commons license, courtesy of Flickr's Irisheyes

A Survey of National Private Sector Broadband Providers

When it comes to expanding access to the Internet across the US, the federal government has long looked first to the private sector, ignoring hundreds of years of experience showing that unaccountable private companies cannot be trusted to sufficiently invest in or govern essential infrastructure.

Inevitably, they price access to high and invest too little as they maxmize their profits -- thereby minimizing the profits of all other parts of the economy.

So let's take a little survey of the progress we see from these companies.

We have long railed against the Verizon -> FairPoint fiasco in New England that left Verizon much richer at the expense of residents and businesses in rural Vermont, New Hampshire, and Maine particularly. Well, FairPoint creditors have realized the depth of Verizon's scam and are suing Verizon for $2 billion. Read the complaint [pdf].

According to the complaint (pdf), Verizon not only made out like a financial bandit up front, but took advantage of regulatory delays to strip mine the assets of anything of value, including core IP network components, business services, and localized billing and support assets required to support the three states. Verizon then billed out their support assistance for millions per month during the very rocky transition, during which time 911 and other services saw repeated outages, resulting in millions more in refund penalties.

Karl Bode is right to criticize the state authorities that allowed this fiasco to occur. Their inability to regulate in the public interest has hurt everyone stuck in the mess. While we can expect powerful companies like Verizon to try to game the system at every opportunity, there is no excuse for making it so easy for them.

Frontier Logo

As long as we are talking about Verizon shedding its rural investments, let's take a look at how Frontier is doing since it inherited thousands upon thousands of FiOS customers as part of its recent deal with Verizon. Frontier has decided the best approach is to transition those customers from the next-generation FTTH network to an older, slower, less reliable, DSL alternative. Find me another country where a major company is moving customers away from fiber-optic connections. This is a national embarrassment.

Rather than investing in better technology, Frontier has literally doubled down on DSL by marketing a second DSL line to customers. Connect one computer to one line and the TV/video game unit to another one. Of course, it turns out they are lying (or incompetent) when it comes to how much they are charging for it...

In other words, that $13.50 1.5 Mbps (if you're lucky) DSL line is actually closer to a $50 1.5 Mbps DSL line once Frontier gets done slamming you with additional fees. These kinds of below-the-line fees have been a mainstay at phone companies for decades, essentially allowing them to engage in false advertising and covertly jack up the advertised price post sale. It's a practice that has yet to see any real attention of regulators, even those ceaselessly professing dedication to "transparency." It helps that Frontier serves a lot of uncompetitive markets where users have no other options, resulting in "deals" like this one.

Let's move on to the nation's largest cable company, Comcast. We recently noted Comcast's dubious distinction as the least trusted company in America. It was simultaneously the second least trusted. I'm guessing we won't see that award plastered on the side of the vehicles their poorly compensated contractors drive around.

Comcast Logo

Occupy Philly, the City of Brotherly Love offshoot of Occupy Wall Street, recently demonstrated at the Comcast Center to bring attention to Comcast's corporate tax dodging. Hey -- I thought Comcast routinely said it wasn't fair that non-profit entities don't pay taxes!

Finally, the big cable companies in general have been singled out in a study showing that Americans lost $38 billion in wages last year while waiting for technicians and delivery people. Cable companies were the worst at making people wait - prompting one person to say "SCAMCAST should be their name."

There is plenty more of examples like the above, but I'm done writing about them today. Just recall that the federal government prefers that this group of unaccountable corporations build, own, and operate the most important utility of the 21st century. We prefer local ownership that is accountable to communities. Time Warner Cable has actually been sued for its terrible customer service!

Encouraging Community Networks in Chino Hills, California

Chino Hills, California, knows what is like to need broadband - back in 2004 they had to poke and prod Verizon and Adelphia into offering broadband services in their town. Some of the folks from that effort are interested in exploring the idea of a community-owned broadband network.

Time Warner is an $18 Billion dollar company with $1.3 Billion in profits in 2010. Verizon did $106 Billion with $2.5 Billion dollars in profits in 2010. They're not worried about Chino Hills. In fact both of these companies are actively lobbying states around the country to prevent local municipalities from entering the broadband market. I'd like to see our city enter this business and give these national companies a run for their money.

Our video (included below) comparing community fiber networks to services from big incumbent providers has some there thinking that they should consider building their own network to prepare for the near future when much higher capacity networks will be needed to take advantage of all the applications moving to the cloud.

Video: 
See video

More Consolidation, Fewer Jobs, No Duh

We watch in frustration as the federal government, dressed as Charlie Brown asks AT&T, wearing Lucy's blue dress and smiling brightly, if she really will hold the football properly this time. "Oh yes, Charlie, this time I really will create all those jobs if you let us buy T-Mobile," says AT&T Lucy.

Over at HuffPo, Art Brodsky recently revisited AT&T's promises in California to create jobs, lower broadband prices, and heal the infirm if the state would just deregulate the cable video market -- which it did, 4 years ago. California upheld its end of the bargain -- wanna guess if AT&T did? Hint: Charlie Brown ended up on his back then too.

The answer comes from James Weitkamp (via Art's HuffPo post), from the Communications Workers of America, a union that all too often acts in the interests of big companies like AT&T and CenturyLink rather than workers:

"AT&T and Verizon have slashed the frontline workforce, and there simply are not enough technicians available to restore service in a timely manner, nor enough customer service representatives to take customers' calls. Let me share some statistics. Since 2004, AT&T reduced its California landline frontline workforce by 40%, from about 29,900 workers to fewer than 18,000 today. The company will tell you that they need fewer wireline employees because customers have cut the cord going wireless or switched to another provider, but over this same period, AT&T access line loss has been just under nine percent nationally. I would be shocked if line loss in California corresponds to the 40 percent reduction in frontline employees.


"Similarly, since 2006 Verizon California cut its frontline landline workforce by one-third, from more than 7,000 in 2005 to about 4,700 today. I venture that Verizon has not lost one third of its land lines in the state."

Note that AT&T, Verizon, and other massive incumbents like Comcast have been wildly profitable over this term.

The same trend holds in cellular wireless - as noted by the Wall Street Journal:

The U.S. wireless industry is booming as more consumers and businesses snap up smartphones, tablet computers and billions of wireless applications. But for the industry's workers, the story is less rosy.

In May, on the heels of a record year for industry revenue, employment at U.S. wireless carriers hit a 12-year low of 166,600, according to U.S. Labor Department figures released earlier this month. That's about 20,000 fewer jobs than when the recession ended in June 2009 and 2,000 fewer than a year ago.

While the industry's revenue has grown 28% since 2006, when wireless employment peaked at 207,000 workers, its mostly nonunion work force has shrunk about 20%.

This should not be a surprise. In fact, it would be shocking if the increasing consolidation of telecom created more jobs. The fewer firms in the market, the more they are likely to work together for mutual gain -- to the detriment of all the rest of us.

Rural voices are continuing to make this point, as Parul Desai recently did on the Daily Yonder:

If the merger goes through it is unlikely the two remaining larger carriers would try to compete on price.  AT&T has chosen to emphasize network improvements, speeds of service, and gains in network development that the merger will enable, rather than tout future pricing benefits. The company has indicated to stockholders that it plans to bring T-Mobile revenues per user up to match those of AT&T, suggesting that price increases may be inevitable. 

But for every Parul Desai, there is a massive organization already bought off by AT&T claiming all their members are clamoring for fewer choices and higher prices.

But that is where we are going - both in wireline and wireless. The only question is how long policy makers will pretend the telecom/broadband industry is characterized by competition at all. But the fiction of competition serves a purpose - it allows those policy makers to justify their refusal to regulate in the public interest. As long as they pretend telecom has competition, they can say there is no need to regulate because the market will prevent AT&T, Comcast, Verizon, et al., from raising prices too much and cutting back on investment.

We can do better - but it requires smart government policies on the national level as well as preserving local self-determination to choose if building a publicly owned network makes sense. Though we will not have competition in poles, wires, or towers, we can have competition in services -- telephone, cable television, and access to the Internet. We can... but will we?

Verizon: The Future is Wired

An unfortunately common argument used against community fiber networks is that everything will be wireless in the future. This was used frequently last year in North Carolina by defenders of the pro-TWC legislation to create new barriers against community fiber networks.

The technical among us may want to get into the math theory with the Shannon-Hartley theorem to explain why wired is more reliable than wireless and therefore capable of much higher capacity.

Others might point that wireless will have less capacity because a wireless connection is really a wired connection to a tower somewhere that is then shared among hundreds or thousands of other users. Empirically, there is no wireless connection that beats fiber-optics.

But if you are looking for an entity that is intimately familiar with both wired and wireless, you might ask Verizon. Verizon is rolling out its LTE wireless network (arguably the best large scale wireless network in the country) and has millions of customers on its fiber-optic FiOS wired network. Verizon says the future needs fiber-optics to the home and wireless in the air:

"If you get underneath what's driving the fiber in the metropolitan markets it has been the need for increased video, increased reliability and security for customers," Seidenberg said. "The way we think about it is even though we have this great 4G mobile network, you still need to have fiber to the premises because we think your home will utilize a Gigabit of bandwidth."

...

"The way we look at it is we want to get fiber to as many business premises and cover as much as the footprint as we can and we believe everyone else going to do the same thing in other parts of the country," Seidenberg said. "If the incumbents or the MSOs don't do it then these little companies will do it and be the entrance facilities to homes and businesses."

As folks in North Carolina consider this year's proposal to limit competition with last-generation cable and DSL networks, they should think seriously about the communities around them served by FiOS -- with much faster speeds at much lower prices than anything their incumbents can offer.

Another Example of Regulatory Capture

As you observe (or hopefully, participate in), the debates around network neutrality or universal service fund reform, remember that many of the loudest voices in support of industry positions are likely to be astroturf front groups.  Between extremely well-financed astroturf organizations and industry-captured regulatory agencies, creating good policy that benefits the public is hard work.  It helps to study how industry has gamed the FCC in the past -- as documented by David Rosen and Bruce Kushnick in a recent Alternet article.

At the risk of being sarcastic, we can thank the FCC for working with the industry to make our phone bills to easy to read - an example is available here.

Susan Crawford: Techies Ignore Broadband Policy at their Peril

Another excellent video from Susan Crawford, this one from Summer 2010.  

Video: 
See video

Fort Wayne, Indiana: What Happens When You Beg

For years, I have heard Graham Richards, former mayor of Fort Wayne Indiana, brag about this "beg, borrow, buy, build" [pdf] philosophy as Mayor.  I am not insulting him -- his brash style is quite likable, but it is bragging.  He was somewhat of a celebrity among the broadband folks because he both understood the importance of broadband and had convinced Verizon to roll out FiOS in Fort Wayne when they had no plans to.  His philosophy is to first beg, then borrow, then buy, and finally build the network if necessary -- a similar approach of many local governments.  This is also often the path of least resistance (which, Utah Phillips reminds us, is what makes the river crooked).  

Graham is a terrific guy and a great evangelist for broadband (though he never jumped into a frozen Lake Superior) -- but we have long argued that his priorities were wrong in the long term.  Not owning the network means the network is unlikely to care about what the community needs.  Unfortunately, our philosophy has proven prescient.

When we last discussed Frontier's radical price increases for the FiOS subscribers they bought from Verizon, we failed to note that Fort Wayne was one of the transferred communities.  They begged for the network and they have no voice in how it is run.  So when Frontier jacks up its FiOS prices and glibly encourages people to drop their high quality FiOS cable for lesser quality DirectTV (with a long contract), the folks in Fort Wayne have little choice but to shrug their shoulders.

Serfs may occasion upon a good Lord of the Manor, but mostly they didn't.  Ownership of essential infrastructure offers long term benefits.

Photo used under Creative Commons, courtesy of Jenn Raynes

Telcos as Retail Providers on Muni FTTH Networks

Publication Date: 
January 1, 2008
Author(s): 
Mitch Shapiro
Publication Title: 
FTTH Prism

In late 2007 I wrote an essay [pdf] for FTTH Prism arguing that it makes increasing sense for municipalities and incumbent local exchange carriers (ILECs) to cooperate in bringing open-access fiber-to-the-home (FTTH) service to America’s small towns and rural areas.

As readers of this web site well know, such a cooperative model stands in sharp contrast to the typical reality faced by poorly-served communities wanting to connect their businesses and households to a community-owned fiber network. In virtually all such cases, the ILEC, though refusing to deploy its own FTTH network--or even provide high-speed DSL service to the entire community—will fight tooth and nail to stop construction of a community-owned fiber network.

In my essay I acknowledged that ILECs had yet to show any signs of shifting from their “kill all muni-nets” attitude to one that views open-access municipal FTTH networks as a means to better compete with cable without taking on the substantial capital investment associated with a FTTH upgrade. But I added that:

“it remains to be seen whether these [anti-muni-net] attitudes will withstand the mounting competitive pressures facing ILECs in the large number of markets in which they are not planning to deploy fiber-rich, video-capable networks. In these markets, the combination of cable VoIP and triple-play bundles, wireless replacement, and low-cost web-based services will increasingly turn what were once “high-margin” copper customers into either low-margin copper customers, or negative-margin non-customers.”

Among the trends I cited as pushing ILECs to reconsider their staunch resistance to muni-nets was the fact that, in markets where they don’t deploy their own FTTH networks, they will fall farther and farther behind in terms of broadband speeds, especially as cable operators ramp up their deployment of next-generation DOCSIS 3.0 technology.

In the face of this increasingly threatening competitive trend, I suggested that ILECs seriously consider leveraging their existing customer base and expertise to become retail providers on state-of-the-art muni FTTH networks, which can deliver much faster (and more symmetrical) speeds and better service quality than cable—even after the latter deploys DOCSIS 3.0.

Three years later, as expected, cable’s DOCSIS 3.0 upgrade is well underway, expanding the already significant cable-DSL speed gap into a chasm that, over time, will turn DSL into the equivalent of dial-up Internet service--an option no longer considered by anyone serious about using the Internet’s full capabilities (assuming they have another option).

In a recent paper entitled “The Looming Cable Monopoly,” law professor and open-Internet advocate Susan Crawford summed up the competitive implications of this trend:

Where Verizon FiOS service exists, there will be competition with cable Internet access service providers for high-speed Internet access at speeds that are necessary to carry out real-time video conferencing or watch high-definition video. Where FiOS is not installed, there will not be any competition, and consumers will have just one provider to choose from: their local cable monopoly. Most Americans—perhaps as many as 85% of us—will fall into this latter category.

So, in this majority of U.S. markets, ILECs face a choice. They can milk their heavily-depreciated copper plant by nickel-and-diming telephone customers with never ending rate increases and fees, while ceding the broadband market to “the looming cable monopoly.”

Or, ILECs can join community leaders and stakeholders at the negotiating table as responsible and forward-looking corporate citizens. As I argued in my essay, I believe this path can lead to win-win arrangements that bring the benefits of advanced FTTH networks to communities and to ILECs, and provide cable’s “closed” DOCSIS 3.0 networks with healthy competition in the form of “open-access” networks that deliver a choice of “fiber-grade” retail services offered by ILECs and other service providers.

With all the money being spent on broadband mapping and developing a National Broadband Plan, and all the money at stake in potential USF revisions, I’d suggest that the Federal government invest a little of that money to study how this open-access muni-fiber option might work most effectively for all involved. And I’d suggest my 2007 essay as one starting point for discussion.

As part of a broader revisiting of telecom regulation, such study should consider potential regulatory changes and/or incentives that could help motivate ILECs to “see the light” about the value of muni-fiber…to understand that municipal FTTH networks are not only in the public interest, but can also be in the long-term interests of ILEC shareholders.

Unless ILEC managements change their attitudes toward municipal FTTH (perhaps with some help from regulators), it seems increasingly likely that both underserved communities and ILEC shareholders will suffer at the hands of cable’s broadband monopoly--which, in the wake of the recently-announced Comcast-NBCU deal, looms ever larger.

But if ILEC managements, local leaders, and state and federal officials step up to the plate with creative long-term vision (including removing state-level anti-muni restrictions), the U.S. can promote healthy broadband competition in the areas that need it most, while regaining its global technology leadership and revitalizing its communities and economy.

A win-win opportunity is a terrible thing to waste, especially when so much is at stake.