susan crawford

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We Told You So: Subscribers Abandon DSL

We have long been arguing that the telephone and cable companies are not sufficiently investing in the connections needed by communities.

Quarter after quarter, companies offering DSL see decreases in their lines as subscribers jump to cable or fiber-optic alternatives (where available, which is not many places). Recall that AT&T's CEO himself believes DSL to be obsolete.

As this trend continues, most communities will find that a single cable company has a monopoly on high speed broadband access and those willing to settle for slower, less reliable alternatives will have a choice between DSL and wireless options. Susan Crawford has written about this, terming it the Looming Cable Monopoly.

The main reason is that cable is cheaper to upgrade to higher capacity connections than the telephone lines. Unfortunately, due to the reality of natural monopoly, the big cable companies will almost certainly continue to dominate in their communities. It is just too hard and risky for other businesses to challenge their market power.

This is why smart communities are evaluating all their options and determining if a long term public investment in fiber-optic infrastructure would generate enough benefits to justify the high upfront cost.

Who Makes the Rules for the Internet?

Our focus tends to be at the most local -- how do people in local communities access the Internet? But we do worry about how the Internet itself is governed.

Think it should be totally unregulated? That sounds nice until you type google.com into a browser and it takes you to search.microsoft.com. Or you type microsoft.com and you end up at apple.com.

We need rules and standards. Much like the principle of network neutrality, some are looking to change the way these rules and standards have traditionally developed. Susan Crawford has written a column examining how governments like Russia want to change who makes key decisions.

Though we are believers in the necessity of a strong government role in the provision of essential infrastructure, we share Susan Crawford's concern that changing who makes decisions about the rules of the Internet could be very damaging to this amazing network of networks.

Susan Crawford Identifies Problems/Solutions with Broadband in America

Susan Crawford published an excellent essay in the New York Times presenting her Looming Broadband Monopoly argument as a discussion of the coming digital divide between those with access to next-generation networks and those without.

These numbers are likely to grow even starker as the 30 percent of Americans without any kind of Internet access come online. When they do, particularly if the next several years deliver subpar growth in personal income, they will probably go for the only option that is at all within their reach: wireless smartphones. A wired high-speed Internet plan might cost $100 a month; a smartphone plan might cost half that, often with a free or heavily discounted phone thrown in.

The problem is that smartphone access is not a substitute for wired. The vast majority of jobs require online applications, but it is hard to type up a résumé on a hand-held device; it is hard to get a college degree from a remote location using wireless. Few people would start a business using only a wireless connection.

She identifies the problem as a lack of competition in the market while highlighting the role of lobbying from the wealthy cable companies to keep it that way:

The bigger problem is the lack of competition in cable markets. Though there are several large cable companies nationwide, each dominates its own fragmented kingdom of local markets: Comcast is the only game in Philadelphia, while Time Warner dominates Cleveland. That is partly because it is so expensive to lay down the physical cables, and companies, having paid for those networks, guard them jealously, clustering their operations and spending tens of millions of dollars to lobby against laws that might oblige them to share their infrastructure.

In this essay, her preferred solution is better federal regulation that would require companies that own networks to share parts of their infrastructure with competitors (to significantly reduce the problems of natural monopoly). Unfortunately, she did not explicitly discuss the solution of the communities building their own networks - a topic she has discussed at great length elsewhere in very positive terms. Her essay ties in nicely with the paper we highlighted looking at the growing costs of network exclusion.

While we recognize the benefits of open access policies that require infrastructure owners to share their network rather than monopolizing it and profiting from the scarcity of these essential connections, we believe the best solution is to allow/encourage communities to build publicly owned networks -- particularly those that are open to independent service providers.

Even if the Obama Administration had the courage to take on powerful companies like AT&T and Comcast, the next administration could easily reverse any policies meant to encourage competition. Better to build community-owned infrastructure that is not as susceptible to the massive lobbying dollars of big cable and telephone companies.

Update: For those who saw the a subsequent response to Crawford's column in the letters-to-the-editor from Verizon's Chairman, he flat out lied in several of his rebuttal points.

Susan Crawford: Techies Ignore Broadband Policy at their Peril

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

Video: 
See video

Evidence for the Looming Cable Monopoly

The Netflix Techblog has released a graph of performance by Internet Service Provider - which I modified to demonstrate the Looming cable monopoly as identified by Susan Crawford (and recently discussed here by Mitch Shapiro).

Netflix Speeds by Provider

The trend is unmistakable.  There are 2 distinct groupings - the cable providers all beat the DSL providers (Verizon is in the middle, likely due to its fast FiOS speeds averaging with much slower DSL connections).  At the very bottom is Clear's 4G WiMax - you know, the superfast wireless that is the key to fast broadband!  

Communities need to read this chart and take a lesson: the future of broadband is not pretty if you do not have a network that puts your needs first.  Cable broadband speeds are increasingly more rapidly than DSL, meaning a local monopoly on high speed broadband, with DSL slowly becoming the modern dial-up.

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.

The Looming Cable Monopoly

Publication Date: 
December 1, 2010
Author(s): 
Susan Crawford
Publication Title: 
Yale Law and Policy Review

Susan Crawford has coined the expression "looming cable monopoly" to describe important changes in the Internet access arena. We have long discussed the ways in which FTTH represents a natural monopoly -- the first entity to build a FTTH network is likely to be the only one. What we haven't discussed how cable networks are similarly edging DSL-dependent telcos out of the market.

Fortunately, Susan Crawford has recently been casting light on this trend -- and her work has been picked up by Ars Technica.

The short version is this: upgrading cable networks to offer fastest speeds is much less expensive than upgrading DSL networks. Something not often mentioned: aside from AT&T and Verizon (who effectively mint dollars with their mobile revenues), the telephone companies have no money to upgrade their DSL networks anyway.

When the FCC took a look at this situation, they concluded that what little competition we have for broadband in the US is about to decrease (something we have long argued is a result of relying solely on the private sector for essential infrastructure). From the National Broadband Plan [pdf] on page 42:

Prior to cable’s DOCSIS 3.0 upgrade, more than 80% of the population could choose from two reasonably similar products (DSL and cable). Once the current round of upgrades is complete, consumers interested in only today’s typical peak speeds can, in principle, have the same choices available as they do today. Around 15% of the population will be able to choose from two providers for very high peak speeds (providers with FTTP and DOCSIS 3.0 infrastructure). However, providers offering fiber-to-the-node and then DSL from the node to the premises (FTTN), while potentially much faster than traditional DSL, may not be able to match the peak speeds offered by FTTP and DOCSIS 3.0.

Thus, in areas that include 75% of the population, consumers will likely have only one service provider (cable companies with DOCSIS 3.0-enabled infrastructure) that can offer very high peak download speeds.

To be clear - those "very high peak download speeds" they are discussing today are tomorrow's "normal" speeds. For most Americans, the only way they will have a choice in broadband providers is if they settle for the future equivalent of dial-up connections. This reality is either terrible news, or signs of "robust competition" if your body is on the FCC and your head is stuck in the sand. Read more...

Susan Crawford: Why Comcast/NBCU Matters

The Comcast/NBCU merger poses a real threat to the future of innovation, competition, and the open Internet. Put simply: size matters. The larger Comcast gets, the more market power it has and the more all other markets that depend on broadband and media will be distorted.

Susan Crawford knows this better than most and explains why everyone should be concerned about it.

As we've harped on time and time again:

The crucial thing to understand is that high-speed Internet access to the home really is a crushingly-expensive natural monopoly service to install. The telephone companies haven’t found a way to make this work, because it’s so much more expensive to dig up the streets to install fiber than it is to upgrade cable electronics to DOCSIS 3.0. So they have backed off. The cable industry has made its investment, and is ready to reap its rewards of scale and high fixed costs - secure in the knowledge that no competition is coming after it, and having divided up the country neatly among its members. Meanwhile, the telcos are steadly losing fistfuls of money.

As Morgan once said of railroads, “The American public seems to be unwilling to admit . . . that it has a choice between regulated legal agreements and unregulated extralegal agreements. We should have cast away more than 50 years ago the impossible doctrine of protection of the public by railway competition.” In the cable world, we are deep into unregulated extralegal agreements, and competition is not going to rescue us.

The longer communities wait to build this important infrastructure, the harder it will be. It is hard to imagine national candidate speaking more stridently about the important of the open Internet than did Obama and even he bowed to the pressure of the private Internet access providers. While we should pressure the federal government to regulate in the public interest, we must take responsibility for our future at the local level with smart investments.

Comcast, Level 3, Peering, and a Bad Best Case Scenario

So Comcast and Level 3 are in a peering dispute following the Netflix partnership with Level 3 to distribute their streaming movie service. Studies suggest Netflix movie streaming has become a significant chunk of Internet traffic, particularly at peak times.

A quick primer on peering: the Internet is comprised of a bunch of networks that exchange traffic. Sometimes one has to pay another network for transit and sometimes (commonly with big carriers like Comcast and Level 3) networks have an agreement to exchange traffic without charging (one reason: the costs of monitoring the amount of traffic can be greater than the prices that would be charged). (Update: Read the Ars Technica story for a longer explanation of peering and this conflict.)

Comcast claims that Level 3 is sending Comcast 5x as much traffic as Comcast sends to Level 3 and therefore wants to charge Level 3 for access to Comcast customers. Of course, as Comcast only offers radically asymmetrical services to subscribers, one wonders how Level 3 could be 1:1 with Comcast…

At Public Knowledge, Harold Feld ties the dispute to network neutrality:

On its face, this is the sort of toll booth between residential subscribers and the content of their choice that a Net Neutrality rule is supposed to prohibit.  In addition, this is exactly the sort of anticompetitive harm that opponents of Comcast’s merger with NBC-Universal have warned would happen — that Comcast would leverage its network to harm distribution of competitive video services, while raising prices on its own customers.

Susan Crawford

Susan Crawford wrote a lengthier piece about Comcast, Netflix, network neutrality, set-top boxes and NBC that is well worth reading (as is just about anything she writes).

However, for the purposes of this post, we will assume the 5x traffic imbalance is true (and unique and that Comcast has no ulterior motive for charging Level 3 (and its partners like Netflix) a fee for anti-competitive reasons (like its own TV Everywhere service). I want to explore the world in which Comcast has pure motives to explain why even in that world, policy should address the market power of Comcast.

Comcast wants to charge Level 3 for access to their customers, which means that content distributed by Netflix has a disadvantage relative to content distributed by Comcast. Even before buying NBC (does anyone really expect the Obama Administration to halt this terrible merger?), Comcast owned content creators. In fact, it has long used its market power as a massive cable distributor to acquire a stake in channels -- as detailed here and here.

As a Comcast customer, it becomes harder and harder for me to choose content not owned by Comcast. Even if Comcast does not act anti-competitively, the content it owns is simply easier for me to find and access. This creates a barrier for new content providers (and encourages Netflix to give Comcast a stake in the company).

These inevitable barriers to entry, even when Comcast is not abusing its power exemplify the problems of massive scale for a company that owns both content and the (increasingly sole) means of transmitting it.

A far better arrangement is structural separation, where the network owner has no stake in the content transferred. This observation informs our preference for community owned networks -- ideally open access networks with a multitude of independent service providers. Even if Comcast behaves itself, it has too much control over the future of content -- from web sites to television programming.