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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.

Boston vs. Verizon

A recent editorial in the Boston Globe caught my attention - Fiber-optic nerve. It seems that Boston is tired of waiting for private companies to build modern broadband networks in the city.

The editorial suggests that as Verizon has started building its FTTH FiOS in New York City, D.C., and some of the Boston suburbs, it may be a withholding the network from Boston due to the Mayor's efforts to change a state law that has exempted telecom companies from paying a number of taxes. Verizon denies any connection. From the editorial:

Menino is right to insist that telecommunication companies pay their fair share of taxes. In Boston, the exemption shifts more than $5 million a year onto the property tax bills of homeowners, say city officials. But tensions between Verizon and the mayor can be costly in many ways. City cable providers Comcast and RCN, for example, don’t offer the speedier fiber-optic connections into customers’ homes available from Verizon in 98 Massachusetts cities and towns. The new and faster broadband speeds - both downstream and upstream - offered by Verizon to Internet customers therefore remain beyond the reach of Bostonians, as do FiOS-related incentives on products such as mini netbooks and camcorders. Cable and Internet competition is alive and well in the suburbs, but flat in Boston.

Verizon has previously threatened to withhold its investments in states that do not sufficiently deregulate -- after turning its back on the New England region by offloading its customers on the totally unprepared Fairpoint company, Verizon pushed franchise "reform" in Massachusetts. Franchise "reform" is when states agree to preempt local communities that selfishly want to regulate the quality of service offered by providers - things like requiring some local channels and thresholds for customer service. As Karl Bode noted in the link above:

While these bills are promoted as a magic elixir that will bring competition and lower TV prices to a region, when people go back to investigate whether these bills actually helped anybody (which is amusingly rare), data indicates that TV prices increased anyway and consumers got the short end of the stick. State lawmakers are usually no match for Verizon and AT&T lobbying muscle. Legislators frequently don't understand what the bills even do -- but are easily lured by promises of inexpensive TV service that never comes.

What I find most interesting is the apparent belief of Bostonians that Verizon is under some obligation to save their fair city from the under-investment of its existing providers. Verizon is under one obligation - to maximize returns for its shareholders. If they decide to invest in Boston, so be it. But their first priority is always shareholders, not what is best for a community.

As for Boston, it is up the City to make sure it is making the necessary investments to ensure they can thrive. Large cities have been loathe to invest in the fiber networks that smaller cities like Lafayette, LA and Chattanooga, TN have committed to. Time will tell if Boston's beggar-strategy will succeed.

Meanwhile, in another part of the state, OpenCape is moving ahead with middle mile plans to build the networks they need. OpenCape is a nonprofit:

OpenCape Corporation’s purpose is to fulfill the need for a regional communications network on Cape Cod and the Islands to enhance education, research, and economic development, AND provide for an emergency communications network in times of crisis.

Photo from http://www.flickr.com/photos/werkunz/ / CC BY-SA 2.0

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