federal government

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Poor State of US Broadband a Result of Poor Regulation

I recently stumbled across a great point regarding the spectacular failure of the US (mostly the FCC, but Congress should certainly share some of the blame) to properly regulate broadband connections to the Internet. US policy results in a few massive providers dominating the market. Fred Goldstein, a principal of Interisle Consulting Group, wrote the following:

In truly competitive markets that display some degree of commodity-like characteristics, large and small vendors tend to coexist. I'm drinking coffee right now, which is a good example. Maybe Maxwell House and Folgers (and their parent companies) have a large share of the market, competing on price for their swill. But there is plenty of room for others to differentiate their product. Dunkin and Starbucks have built huge chains on their own style of semi-premium product, while another couple of niches of premium and superpremium beans are easy enough to find. Food markets tend to be like this; check out any Whole Foods (a/k/a The Museum of Modern Vegetables) for a supply of priced-above-commodity products. I feel foolish for selling most (not all, thankfully) of my Whole Foods stock when it was in the dumps a couple of years ago.

The same thing happens in many fields. Apple itself sells computers above commodity price levels. There's a whole "high end" audio business catering to those who like to show off how much they can afford to spend. The automobile industry has mass-market commodity cars and several premium tiers.

Internet access in the US lacks that because the natural monopoly on outside plant is not properly regulated. If it were treated here by EU norms, then any number of ISPs could access the wire. Some would just be cheap; some would offer premium help desks among their services. That doesn't happen, however, when the usual number of "competitors" is two. Even more so when those competitors agree that they should divide up markets between themselves rather than overbuild, or (heaven forbid) let outside information providers onto their facilities.

The wire should be regulated. ISPs shouldn't.

Amen. Physical connections are a natural monopoly. Even if the economics supported many physical providers, having so many would be terribly inefficient. Much better to have networks that are owned by the community and have independent service providers competing to deliver services -- just like the roads.

DC Revolving Door, Comcast, and Campaign Finance Reform

One of the reasons community broadband networks face so many unique hurdles (often created deliberately by states in response to cable/dsl lobbying) is because of the many ways in which campaign finance corrupts our national and state governments.

Community broadband networks are focused on meeting community needs, not sending lobbyist armies into Washington, DC, and state capitals (though one of things we do at the Institute for Local Self-Reliance is offer help to those that do push pro-community agendas in these areas).

To understand why DC is so focused on furthering the corporate agendas of AT&T, Comcast, Time Warner Cable, and others, is to understand the revolving door. (Also, understanding capture -- which we have explained previously.)

In short, many of the people who make decisions about telecommunications policy in DC have worked, will work, or are presently working for the massive companies that effectively control access to the Internet in most of America's communities.

The good folks at Geke.US have created the following Comcast Venn Diagram illustrating a small piece of the DC revolving door.

Comcast and DC's revolving door Venn Diagram

Reforming this system is a deep, seemingly intractable problem. But for those looking for answers, a good place to start is with the work of Lawrence Lessig. I just finished his Republic, Lost, which offers a grand tour of the problems resulting from the present system of campaign finance.

You can also see a number of his presentations here.

His organization, the Rootstrikers aim to get to the root of problems rather than being distracted by trying to fix symptoms of deeper problems. This is precisely what we do with our focus on community networks.

Many focus solely on resolving digital divide issues, improving rural access to the Internet, lowering the cost of broadband, or the various other problems that result from narrowly-focused private corporations owning and controlling essential communications infrastructure with inadequate regulations.

Solving the problem of ensuring all Americans have fast, affordable, and reliable access to the Internet (a goal remarkably consistant with the FCC's supposed mission enshrined in law by the Communications Act), would be remarkably easier in a world where Congress and state legislators were not corrupted by the influence of the campaign finance system. This is why we emphatically support efforts (like those of Lessig) to reform that system.

AT&T Abandons Wireless Consolidation Attempt

It is hard to avoid becoming cynical when watching the federal government interact with big corporations like AT&T. So when AT&T announced it would merge with T-Mobile, giving AT&T and Verizon a combined 3 out of 4 cellular subscribers, I thought two things:

1) What a terrible idea. Higher prices, fewer jobs, less choices, etc.

2) The Federal Government will likely not prevent it - instead opting for some minor concessions that no one will bother to enforce.

Sometimes, it is very good to be wrong.

Cecilia Kang of the Washington Post, decodes the language from Wall Street to explain the biggest winner from the federal government blocking the merger: consumers.

“Without the combination, we think the wireless industry will be further weakened by continued hypercompetitive activity, particularly regarding subscriber acquisition costs,” said Nomura Securities analyst Mike McCormack.

That means customers can still get lower rates as the industry competes for their dollars. T-Mobile, for example, will continue to be a low-cost competitor, according to consumer advocacy group Consumers Union. A survey showed that data plans from T-Mobile were $15 to $50 less per month than those offered by AT&T.

An excellent reminder that what is best for Wall Street is not what is best for the 99%. Big companies like AT&T find competing for customers a hassle that lowers their profits -- they consider a market with four sellers to be hypercompetitive. In wireline, they have acquiesced to the "competition" of two competitors -- cable and DSL.

This is one reason communities build their own networks -- the private sector is not truly competitive when it comes to ISPs and most communities have no prospect real of improvement absent a public investment.

But we should rejoice in this victory -- because we earned it. Without the hard work of many grassroots groups, it is hard to imagine the Department of Justice or FCC standing up to such a powerful corporation.

Some quotes from some of the many organizations responsible for protecting the 99% of us who don't benefit from higher prices and fewer choices.

Andrea Quijada of the Media Literacy Project:

“The end of AT&T’s campaign to eliminate mobile competition and jobs is a gift to working class New Mexican families this holiday season. However, we know that this decision was not the result of AT&T putting people before profit. This result was won by media justice advocates and our allies in New Mexico and nationwide. Though we are certain this is not the last we’ve heard from AT&T/T-Mobile, we want to take a moment to acknowledge this victory for consumers.

The National Hispanic Media Coalition spoke out against the merger and celebrated its demise:

"AT&T has finally accepted that its bid for T-Mobile has run its course. NHMC is very pleased that the FCC and the DOJ have so justly put the little guys ahead of giant corporations in their review of this merger. Latinos pay more for cell phone service than any other ethnic or racial group, paying the most on AT&T and the least on T-Mobile. In addition, because T-Mobile's workforce is nearly 50% people of color, and an estimated 20,000 T-Mobile employees would have lost their jobs as a result of this merger, Latinos and other people of color would have been disproportionately harmed. For these reasons, NHMC has worked hard over the past seven months to educate people about the harms of merger. We are ecstatic to have defeated it," comments Jessica González, NHMC's Vice President of Legal and Policy Affairs.

The Center for Media Justice issued these comments:

amalia deloney, Media Policy Field Director of Center for Media Justice stated, “Since AT&T first announced its intent to takeover T-Mobile, the Center for Media Justice has continuously raised concerns about what role a duopoly would mean for historically marginalized communities— particularly communities of color and America’s poor who disproportionately rely on access to mobile broadband to find employment, access healthcare, advance their education and organize for social and economic justice.”

This holiday season, millions of folks across the country will not be blind-sided by high phone bills, and T-Mobile employees – many of whom are people of color and all of whom are nonunion- will get to keep their jobs. Today marks an important victory for rural and poor communities, people of color, and the hard workers of America who simply can’t afford to pad the pockets of the corporate CEOs.

And finally, the Media Acess Project:

Today’s announcement proves that law trumps politics. This anti-competitive transaction clearly exceeded permissible standards. AT&T and T-Mobile thought they could push it through by using lobbyists and political pressure, but the FCC and Department of Justice held firm.

Stop the Real Government Takeover of the Internet

I've censored the following, in protest of a bill that gives any corporation and the US government the power to censor the internet--a bill that could pass THIS WEEK. To see the uncensored text, and to stop internet censorship, visit: http://americancensorship.org/posts/15925/uncensor

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Uncensor This

The Real Government Takeover of the Internet

If you aren't familiar with SOPA - the "Stop Online Piracy Act" or its companion in the Senate (called PIPA or Protect IP), you should be. This is legislation that would allow the US government to require Internet Service Providers block web sites without due process. Sascha Meinrath and James Losey from the New America Foundation explain the threat in Slate:

The interconnected nature of the Internet fostered the growth of online communities such as Tumblr, Twitter, and Facebook. These sites host our humdrum daily interactions and serve as a public soapbox for our political voice. Both the PROTECT IP Act and SOPA would create a national firewall by censoring the domain names of websites accused of hosting infringing copyrighted materials. This legislation would enable law enforcement to take down the entire tumblr.com domain due to something posted on a single blog. Yes, an entire, largely innocent online community could be punished for the actions of a tiny minority.

If you think this scenario is unlikely, consider what happened to Mooo.com earlier this year. Back in February, the Department of Justice and Department of Homeland Security seized 10 domains during a child-porn crackdown called “Operation Protect Our Children.” Along with this group of offenders, 84,000 more entirely innocent sites were tagged with the following accusatory splash page: “Advertisement, distribution, transportation, receipt, and possession of child pornography constitute federal crimes that carry penalties for first time offenders of up to 30 years in federal prison, a $250,000 fine, forfeiture and restitution." Their only crime was guilt by association: They were all using the Mooo.com domain.

From our point of view, what is most interesting is not who is pushing this bill (Hollywood and the usual suspects that tried to kill the VCR because it would obviously destroy the movie industry) but who is not resisting. After all, whenever the issue of network neutrality comes up, the big telecom companies pay a bunch of organizations like Americans for Prosperity to create astroturf movements to oppose a "government takeover of the Internet." Of course, network neutrality is the opposite - a set of rules where the government requires corporations not dictate how subscribers use the Internet.

But here we have a literal government takeover of the Internet. Should SOPA pass, the federal government would decide what sites are allowed to be accessed by Americans and which cannot. The evidence thus far suggests that more sites will be harmed by incompetence as opposed to intentional political censorship but the entire approach is troubling, to say the least.

To get a sense of which elected officials are supporting this legislation, here are the cosponsors for HR 3261 in the House and cosposors for S 968 in the Senate. More details on how you can be involved at Demand Progress.

Many of the organizations who have strongly fought for an open Internet with strong network neutrality rules are pouring resources into stopping SOPA. This includes Free Press's Save the Internet, Public Knowledge, and others. Some of the network neutrality opponents, like the Wall Street Journal and Cato Institute have also warned against SOPA but other groups -- like Americans for Prosperity have been fairly silent. The next time AT&T and Time Warner Cable-sponsored groups start fear-mongering around policies that threaten to bring competition against their corporate sponsors, we must ask them where they were when the future of the Internet was truly threatened.

The Future of Music organization has reviewed an alternative to SOPA that may be a much better approach.

Below is a video about SOPA.

Image credit: monkeyc on Flickr.

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How the FCC Killed Broadband Competition

Dane Jasper, the CEO of Sonic.net, one of the few ISPs to survive the death of broadband competition over the past ten years, wrote about "America's Intentional Broadband Duopoly."  It is a short history of how the FCC's flawed analysis (helped along by incredible amounts of lobbying dollars, no doubt).

He starts by asking when the last time anyone offered to sell you broadband over power lines (BPL).  The FCC decided that cable and telephone companies shouldn't have to share their wires (which are a natural monopoly) with competitors (creating an actual marketplace for services) because BPL, satellite, and wireless would put so much competitive pressure on DSL and cable.  FAIL.

Then, in the Brand X decision, they ruled that Cable would not be required to allow competitors to lease their lines either. The FCC did this by reclassifying broadband Internet access as an “information service”, rather than a “telecommunications service”. As a result, common carriage rules could be set aside, allowing for an incumbent Cable monopoly. This decision was challenged all the way to the supreme court, who ruled in 2005 that the FCC had the jurisdiction to make this decision.

To close out Powell’s near-complete dismantling of competitive services in the U.S., the FCC took up the issue of ISPs resale of DSL using the incumbent’s equipment, also known as wholesale “bitstream” access. If Cable is an information service under Brand X, why shouldn’t Telco have the same “regulatory relief”? The result: the FCC granted forbearance (in other words, declined to enforce its rules) from the common carriage requirements for telco DSL services.

For those who are thinking that wireless is finally competitive with cable and DSL, don't forget that while 4G appears much faster (because so few people are using it presently), it still comes with a 2GB monthly cap. So if you want to do something with your connection aside from watching one movie a month, 4G is not competitive with a landline connection.

CNN Profiles Government-Backed Inventions

CNN Money has profiled 7 government-backed inventions.  Most of us know the Internet would not have been possible without the research and development funded by tax dollars, but fewer know that the GPS and microchip were also created as a direct result of "big government."

Beyond those inventions, I was suprised to find that aerodynamic trucks (tractor trailers on the highway) were designed by NASA.  Bar codes -- imagine modern commerce with the ubiquitous bar code -- were developed with funding from the National Science Foundation.  

As a nation, we greatly appreciate the innovation that comes from the private sector (especially you Apple fan-boys) but it is beyond time we recognize the role of the public sector in innovation as well.  Heck, just how much innovation would we see on farms if they were still only connected with dirt roads??  How much more will we see when they are all connected with fast, affordable, and reliable connections to the Internet?  

AT&T&T Merger and DOJ: What is Happening?

In the aftermath of AT&T accidentally admitting they have nothing but a smokescreen to justify buying one of their few competitors, it seemed that nothing had changed and AT&T was going to continue pushing this anti-competition, anti-consumer deal through.

But then the Department of Justice filed suit to prevent it. What does that mean and what is next? Public Knowledge tells us below. In the meantime, Sprint has also filed suit under the Clayton Act to separately oppose the takeover.

Why do we care here at Community Broadband Networks? Because the biggest companies - AT&T, Comcast, Verizon, CenturyLink, etc. - have tremendous market power that allows them a disturbing amount of power over the future of access to the Internet and as they become even larger, the prospects of any community building a network in their territory becomes more bleak.

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PSA for Government Haters

An excellent satirical look at those who believe government is the root of all problems. Modern society has many problems that cannot be solved by individuals acting autonomously -- we need to work together to solve them.  "Government" is one of the key entities we use to work together to solve problems. 

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See video

DC-Net Looks to Expand

Following 9/11, Washington DC built a muni fiber network for government use.  We wrote about it Breaking the Broadband Monopoly -- noting its strong record of success.  The Washington Examiner has noted that DC-Net is looking for expansion opportunites.  

The city invested $87 million into D.C.-Net to get there. It now has 350 miles of fiber optic cable connecting city agencies at 355 locations in all eight wards. More than 33,000 District employees use it every day, and it handles calls to the emergency 911 call center and the city's 311 information line. The District also hasn't spent a dime on it since 2007. Instead, the network runs on a surplus, which is reinvested into its infrastructure, officials said. Now, the city stands to earn millions by leasing access to the network out to federal agencies.

While private companies constantly claim that local governments have no capacity to run fiber broadband neworks, DC-Net has proven not only can munis run these networks, they can offer faster speeds, lower prices, and better reliability.  Now DC-Net has a $1.6 million contract with US Office of Personnel Management.