bandwidth cap

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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.

Need Cloud Services like Online Backup? Steer Clear of Comcast

The net is buzzing about Comcast's data caps after a Seattle resident ran afoul of them. I found it particularly interesting given Seattle's recent decision to use its assets to further Comcast's monopoly following a poorly considered RFP.

This story highlights many of the frustrations and injustices that come with companies as massive as Comcast effectively monopolizing an essential utility, with practically no oversight locally or federally.

When Comcast enacted is 250GB monthly transfer cap years ago, many thought it was sufficiently high that few would run afoul of it. But the smart folks noted that if it did not increase as natural usage increases, it would hurt legitimate users (as opposed to those who run servers constantly trafficking in file sharing that violates copyright).

I made very clear to the gentleman I spoke with that I thought Comcast’s data cap policy was arbitrary, unfair, and extremely irritating… and that if I had any decent competitive options in the neighborhood I’d dump Comcast in a heartbeat. Since I don’t, I listened to him read his canned warning that if I exceeded their cap again I’d be cut off again.

Bear in mind that when you fill up the fuel tank in your car, you are at a gas station that is regularly inspected by the state to ensure it is correctly measuring the volume of gas dispensed. Comcast is not similarly regulated and we have to take Comcast's word on how much traffic we use. Most of the time I have visited Comcast's meter to see what my household usage is, I have been unable to even access it.

But back to the story, our Seattle friend later found that he had unintentionally violated the cap again, despite taking precautions not to:

The Customer Security agent was polite, and after the standard identification questions notified me I was cut off for a year due to exceeding Comcast’s Acceptable Use Policy limits on their bandwidth cap. I asked for details on what had been using bandwidth, and again, Comcast would not share. In a sudden brainstorm, I then asked whether the 250 GB bandwidth cap applied to just downloads (which I had assumed, as the majority of most bandwidth used in households is downstream bandwidth), or download and upload bandwidth. Surprise, surprise! Comcast measures both upstream and downstream bandwidth – and it suddenly clicked for me.

I’m a photographer and audiophile. I shoot all of my pictures in RAW format, and I store the many hundreds and hundreds of CDs I’ve purchased over the last 20 years or so in a variety of lossless and lossy music formats. …

This stuff is valuable to me, and I recently purchased a three-year subscription to Carbonite so I could back all of this content up to the cloud. I also recently saw Amazon’s announcement of being able to upload unlimited M4A/AAC tracks to their Cloud Drive service, and decided to upload my library there so I could access it when on the road. And it turns out uploading all of this content to the cloud triggered Comcast’s bandwidth cap and caused me to be cut off from the internet – again.

This is what you can expect from Comcast, which is only growing in power and influence. They have a flawed meter that is poorly understand by their customers (is it measuring up or down or both?) and will provide you will no help in the event they believe you have exceeded your allotment.

This is exactly why communities need to consider building their own networks that are directly accountable to the community.

Photo used under Creative Commons license, courtesy of Titanas on flickr.

Lafayette Offers 100Mbps Residential Tier ... And Ruminations on Bandwidth Caps

Lafayette's LUS Fiber network, after recently kicking off its ad campaign, has decided to offer 100Mbps residential connections after a number of requests from subscribers. The network previously offered a 100Mbps business service for $200 -- it seems they are now just allowing anyone to subscribe at that level and price.

As John notes at Lafayette Pro Fiber blog, this is the only tier for which residential plans come with the same price as business plans.

The other residential tiers are cheaper than their corresponding business tiers by 45-48%. Nor, according to Huval's remarks in the comments is the monthly usage cap any different—in both the residential and the commercial versions of the 100 meg package is capped at 8 terabits. (Note: that'd be about 1 terabyte of hard disk storage.) The idea behind the higher prices for businesses is that they use much more bandwidth than households—and LUS pays for its connectivity by capacity.

LUS Bandwidth Caps

This brings up something I don't think I previously noted in discussions about LUS Fiber - it comes with a monthly transfer cap. I cut the cap chart out of their user agreement [pdf] above. Remember, 8 bits to the byte. Thanks to DSL Reports for the link to the user agreement.

This raises an interesting discussion. Private cable companies typically enforce caps because their network cannot physically support many users using a lot of bandwidth simultaneously. When hundreds of users share a single connection (as with cable), a few major users can seriously impact the experiences of others.

In a FTTH network like Lafayette's, there is no real danger of one user's activities affecting another's. However, there is a danger of racking up a high bandwidth charge for LUS Fiber if many users are constantly using a lot of bandwidth. By constantly, I mean really constantly as in 24/7, not as in, I watch Netflix for 4 hours each day. By bandwidth, I mean the bandwidth LUS Fiber must purchase from other carriers so a LUS subscriber can view our MuniNetworks.org site (for instance). The costs for one LUS customer to transfer files with another LUS customer in-network are negligible as the traffic never leaves LUS network.

ISPs typically pay for bandwidth to the greater Internet based on the peak usage over a month. So if a few users are constantly maxing out their 50 or 100Mbps capacity, they can push that peak up considerably, raising the costs to the ISP by high hundreds or thousands of dollars.

What this means is that if a user plans to use a consistently high volume of bandwidth (one that would trip the cap), Lafayette will want to know about it and plan for it in its calculations in the amount of bandwidth it budgets.

Here we come to another difference between a typically private sector cable company and a public utility like Lafayette. In the comments of the Independent Weekly story, the head of the utility says if you expect to use more capacity than the cap allows, "Just let us know what you are looking for and we can get you a proposal."

In economic terms, when the cost of something is free or approaches free, people use it without thought because there are no consequences to them. The connections provided by recent community fiber networks suffer from this perception. In the case of broadband connections though, there are serious consequences (particularly for a smaller scale provider like LUS) and high costs when users consistently max out their connections (via unthrottled peer-to-peer services running 24/7 in the background, for instance).

Unfortunately, the arbitrary cap is an imperfect tool for solving this problem. For instance, if I transfer 50GB of data every night between 2AM and 5AM, I'll likely run afoul of the cap but I probably won't really increase the costs of LUS Fiber because even with my usage, the ISP is unlikely to experience peak usage in the middle of the night.

Another key problems with a bandwidth cap is that today's (mythical) "broadband hog" is next year's average user. Caps that do not grow over time will unfairly throttle both users and innovation.

Ultimately, almost all residential service is based on an oversubscription model. That model does not work when a significant number of users are constantly using a significant chunk of the connection -- those who are going to constantly use a connection should really have a dedicated circuit. But that is obviously more expensive for the subscriber, often prohibitively so.

I do not know what the answer is to these conflicts, but I suspect different communities will make different choices. This should be their right so long as the network and rules governing the network are accountable to the public.

Comcast, Caps, and the Public Interest

While I try to keep postings on this site to the subject of publicly owned networks, I think it important to discuss the ways in which some major carriers routinely flout the public interest. Thus, a little history on how Comcast has acted against the public interest.

Most of the readers of this blog are probably aware that Comcast has been dinged by the FCC following its practice of interfering with subscribers legal content (and undoubtedly illegal content as well) by blocking and disrupting the BitTorrent traffic. BitTorrent is frequently used to transfer large media files because it efficiently breaks large files into many little pieces, allowing the user to download from a variety of sources concurrently - the file is then reassembled.

When Comcast detected BitTorrent connections, it would effectively hang up on them, regardless of the congestion level on the network at the time. The FCC (the Bush Administration's FCC) said it couldn't do that and Comcast is currently in the courts trying to tell the FCC that it can't tell Comcast what it can't do on its network.

Prior to a journalistic investigation that proved Comcast was doing this, net geeks had repeated asked Comcast if it were blocking the BitTorrent protocol. Comcast never admitted to anything, often claiming it did not "block" anything... as time would go on, Comcast would refuse to admit it was blocking anything - as if permanently delaying traffic was anything other than a blockage. "I'm not blocking you, try back in 20 million years."

Around this time, Comcast quietly changed its policy regarding the maximum amount of bandwidth subscribers could consume in a month. At the time, I thought it was a result of the FCC cracking down on the arbitrary policies frequently used by cable companies, but it turns out we can thank the State of Florida for forcing Comcast to enact a transparent cap on monthly usage.

Prior to the official cap, there was an unofficial cap. Every month, some number of people would be notified they were kicked off Comcast's service for using too much bandwidth - but no one knew how much was too much and, perhaps more importantly, how to keep track of how much bandwidth they were using. Discussions on geek-hangout Slashdot suggested a monthly cap of between 100 Gigabytes and 300 Gigabytes depending on the neighborhood. There was no limit documented anywhere and Comcast representatives refused to acknowledge any hard cap.

In stepped Florida's Attorney General, who reached an agreement with Comcast to create a transparent cap and fined them for their actions.

It turns out that Comcast's "network management" strategy was to take the top 1000 subscribers who used the most bandwidth over a month and disconnect them. Harold Feld had the best reaction:

Comcast is almost certainly telling the truth when it says the highest 1000 users were atypically intense bandwidth consumers. duh. Of course the top 1000 out of 14.4 million will be at the high end of the curve.

No, the more interesting question is what the hell kind of a system is it where Comcast simply goes after the top 1000 users no matter how much they actually use, and why Comcast would adopt such a policy if it wants to reasonably manage network congestion? It seems rather . . . inefficient and arbitrary. Unless, of course, one is trying to save money running a crappy network and generally discourage high-bandwidth use.

Now Comcast has a transparent cap - 250 GB/month - that we still have no way of really knowing how close we come to it (nearly all of us don't come close). Was that so hard? Apparently. Meanwhile, they keep claiming that network neutrality requirements would leave them unable to exercise reasonable network management. How would they even know what reasonable network management is?

Though defining the public interest may be difficult, it is easy to show what is against the public interest: Comcast calls you and tells you that you have to use less bandwidth each month. You ask how much you can use and they say they cannot tell you but you need to use less.

Fortunately, we now know how much is too much. If only we could tell how much we were using...

Photo used under Creative Commons license, courtesy of Titanas on flickr.