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Qwest Renews Push to Gut Local Authority over Cable Television

It's 2011 and time for Qwest to renew a push to gut local authority in a number of states - Idaho and Colorado to start. An article for the Denver Post explains the argument:

Phone companies say state-level oversight of video franchising fosters competition because it is less cumbersome for new entrants to secure the right to offer services.

Many states have also eliminated the condition that new video competitors must eventually offer service to every home in a given municipality, a requirement placed on incumbent cable-TV providers.

Gutting local authority is the best way to increase the disparities between those who have broadband and those who do not. Qwest and others are only interested in building out in the most profitable areas -- which then leaves those unserved even more difficult to serve because the costs of serving them cannot be balanced with those who can be served at a lower cost.

The only reason that just about every American living in a city has access to broadband is because franchise requirements forced companies to build out everyone. Without these requirements, cable buildouts would almost certainly have mirrored the early private company efforts to wire towns for electricity -- wealthier areas of town had a number of choices and low-income areas of town had none.

In Idaho, those fighting back against this attempt to limit local authority are worried that statewide franchising will kill their local public access channels - a reality that others face across the nation where these laws have passed.

The channels, which are also used to publicize community events, provide complete coverage of Pocatello City Council, Planning and Zoning and School District 25 board meetings, as well as candidate forums before elections.

Without these local channels, how could people stay informed about what is happening in the community? Local newspapers are increasingly hard to find. In many communities, these channels are the last bastion of local news. 

This fight over statewide franchising goes back a number of years, but the general theme is that massive incumbent phone companies promise that communities would have much more competition among triple-play networks if only the public ceases to derive benefits from its Right-of-Way.  Statewide franchising laws limit local authority to negotiate for access to this valuable asset that is managed by the local government. The laws strip communities of the power to negotiate with video providers, creating a single franchise process in the state government (which typically has very little or no oversight). Communities lose public access channels, fees for creating local content, and often oversight to require certain levels of customer service.

The states that have gutted local authority in this way have seen very few benefits -- the increase in competition is negligible - because the real barrier to competition has nothing to do with local or statewide franchising. The only barrier worth addressing is the massive advantages incumbents have -- a result of the high cost of building these networks. When a competitor builds a network, it is often competing with an incumbent that has amortized the costs of its network and will be able to cut its prices while cross-subsidizing its operations from non-competitive markets. A number of incumbent providers have engaged in predatory pricing, taking a loss on their customers in an effort to prevent the network from generating the necessary revenues to operate and make its debt payments.

The price of gutting local authority to benefit Qwest, a company with no capacity for the upgrades necessary to match the speeds and prices of DOCSIS3 cable networks, is far too great.

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...

Putting Shareholders and Profits ahead of the Community

One of the key differences between community owned networks and those driven by profit is customer service. Community-driven providers spend more and create more jobs in the community to ensure subscribers' needs are met. The massive private companies instead choose to outsource the jobs to call centers (sometimes in the U.S., sometimes outside) in order to cut costs (and jobs - see the report from the Media and Democracy Coalition).

We've seen a few examples of the big carrier approach in this arena - as when Cablevision billed apartment residents $500 after a fire for the DVR that was consumed in the blaze... stay classy, Cablevision.

Another difference between community networks and the big carriers is that big carriers see little reason to upgrade their anemic networks to ensure communities remain competitive in the digital age. As Free Press has long documented [pdf] big companies like AT&T have been investing less in recent years as the U.S. has continued falling in international broadband rankings.

Up here in Minnesota, Qwest has invested in FTTN - what they call fiber-to-the-node. We call it Fiber-to-the-Nowhere. For those who happen to live very close to the node, they get slightly faster DSL speeds that are still vastly asymmetrical. Meanwhile, Qwest has branded this modest improvement for some as "fiber-optic fast" and "heavy duty (HD)" Internet, misleading customers into thinking they are actually going to get faster speeds than Comcast's DOCSIS 3.

Much as I hate to praise the middling DOCSIS 3 upgrade, it certainly offers a better experience than any real results we have seen with Qwest. But as we carefully documented in this report, community networks offer more for less.

Two friends recently moved to Qwest. One, J, was convinced by a Qwest salesperson that Qwest would be much faster so he signed up for a 20Mbps down package. Fortunately, he didn't cancel the cable immediately because he was back on it quickly - he says Qwest dropped out 4 times in the day he had it (before cancelling it). He never saw downstream speeds faster than 6-8 Mbps and the upstream never even hit 1Mbps.

Another, E, signed up for Qwest's 40 Mbps upstream / 5 Mbps downstream service. Being a rather technical guy, he tried a variety of speedtests as well as FTP transfers from non-rate limited servers. Never saw 40/5 but did see a best of 37/4.5 (not the same iteration) at one point. Most of the results where around 50-60% percent of the promised speeds, with some extremely slow results mixed in.

Bear in mind that cable compares favorably right now, but with household traffic increasing some 30% every year, sharing that cable connection with hundreds of neighbors starts to look like gridlock in the near future.

This is what one can expect from a provider that puts profits and shareholders before the needs of the community -- including an honest representation of what people are buying.

Fibrant Laughs at Time Warner Cable Puny Upgrades

As we wrote last week, Salisbury's Fibrant -- the newest community fiber network in the country -- launched last week and immediately saw Time Warner Cable respond with an upgrade to its cable plant that allowed it start advertising even faster speeds - a 50/5 tier of broadband (whether they actually deliver that to anyone, I doubt and will wait to see).

Fibrant was "only" advertising (and delivering) 15/15 and 25/25 speeds, so some suggested that TWC had taken the top honors away... though for people who know much about telecom technology, most of us will gladly take a 25/25 on fiber-optics over a supposed 50/5 on an old, unreliable coax network.

Nonetheless, Fibrant didn't break a sweat, and announced that they were already offering a 50/50 plan though they did not advertise it. I'm not sure why it was not advertised -- though if the reason was to hold a trump card ready in response to TWC's gimmicks, it was a smart move. And Fibrant's 50/50 plan at $85 is cheaper than TWC's 50/5 plan.

Though community fiber networks consistently offer better experiences and lower costs, the big incumbent providers are well versed in gimmicks -- communities must keep that in mind as they plan their own networks. This may mean creating higher tiers of service that many only interest a select few, if that, to remind the populace of the technical superiority of the public network.

Salisbury has since announced that both 100/100 and 200/200 plans are in the works from their network. A 200/200 will be the fastest plan in North Carolina -- though one wonders how the results of the election will impact the future of community fiber networks in the state. Unable to beat community fiber networks in the market, TWC has repeatedly pushed for crippling laws against communities that would dare create competition against TWC. After the 2010 election, North Carolina has a more conservative state government that may find TWC's lobbying more persuasive.

In the meantime, TWC is yet again increasing rates to subscribers, as noted by Stop the Cap!. We'll see if Fibrant is able to shield the community from future rate increases as Wilson does on the other side of the state.

Salisbury's Fibrant Launches, TWC Responds With DOCSIS 3

In North Carolina, Salisbury has launched the state's second FTTH network, as communities continue to build the next-generation broadband infrastructure in which their massive incumbent providers decline to invest. We have offered in-depth coverage of Fibrant as they prepared to launch the new services.

As of Tuesday, Nov 2, the network softly launched, which is to say they will slowly ramp up the number of paying customers as they gain experience and confidence. Stop the Cap! also covered the launch with extensive coverage as well as both praise and criticism for Fibrant's approach.

Some of the 115 early, free testers of Fibrant became the first paying customers Monday, with the utility scheduling installations for 200 other residents on a waiting list.

A local group has posted a number of videos about Fibrant, including a recent one that compares Fibrant's speeds to the pathetic offering of Time Warner Cable (see bottom of this post).

In a totally unrelated development (or so Time Warner Cable would have us believe), TWC has rapidly increased its broadband tiers in the region. In this, TWC has joined Comcast in downplaying the role competition has in forcing incumbent investment. If you believe TWC, competition plays no role in their investment decisions, a fascinating approach to succeeding in an area they constantly claim is a very competitive market.

The cable giant’s new download speed can reach 50 megabits per second, twice as fast as Fibrant’s 25 Mbps.

However Time Warner’s fastest upload speed — 5 Mbps — is still slower than Fibrant’s best upload speed of 25 Mbps and standard upload speed of 15 Mbps.

Time Warner is more expensive.

Of course, as the video shows, TWC's actual broadband differs significantly from its advertised speeds. I would like to see a speedtest comparing the new TWC offerings -- though I wonder if they have instituted the same trapdoors as providers like Comcast to trick speediest sites into falsely reporting higher speeds than one would every experience in reality.

Also, it will be interesting to see if Salisbury has the same experience as Wilson, NC, where TWC stops increasing prices locally while continuing regular rate increases in non-competitive areas nearby.

Again, Stop the Cap! was on top of the story and further elaborated on their position in the comments of this story by us.

I'm not convinced Fibrant has to immediately change its tiers in response to TWC, but we'll see what they do. I do think all community networks should find ways of marketing an extremely high tier that takes full advantage of the network as a reminder to everyone what it can do even if few take them up on it.

As an addendum to communities considering this, take a gander at the vitriol in the forums around the Salisbury Post stories - you will have to deal with trolls of this sort also.

Video: 
See video

The Future of Broadband and Cable Competition

Publication Date: 
September 11, 2010
Author(s): 
Susan Crawford
Publication Title: 
GigaOm

Though this article may appear on first glance to be unrelated to broadband networks that put community needs first, Susan Crawford discusses the damaging effects of large scale companies like Comcast using market power to prevent competition. Scale is a very important part of any discussion about competition and broadband policy.

The Comcast/NBCU merger is aimed right at competition — avoiding any series of steps that might result in having dumb (but big) pipes serving the areas where Comcast now has dominion, and avoiding having Comcast’s pipe itself made dumb. If the merger goes through as Comcast proposes, the new NBCU will have the power in Comcast’s market areas (where it routinely has a 60 percent-plus share of local pay-TV customers) to raise other pay-TV providers’ (satellite, small cable, telephone, nascent online distributors) costs of doing business substantially.

This will mean, among other things, that competing aggregators of online video who don’t have reasonable access to crucial NBCU content (particularly sports) won’t have the power to constrain Comcast’s prices. Comcast ties access to online video content it controls to a cable subscription, and Time Warner does the same thing with its content. Many of the other pay TV providers will cooperate in this plan, which goes by the nickname “TV Everywhere”. This means that independent online aggregators don’t stand a chance — because consumers will be used to getting highly-branded online video for “free” as part of their bundle from their ISP, they won’t be willing to pay for an independent service.

For those who hope that technological change will unseat the market power of an even larger Comcast, think again:

Wireless? Well, the laws of physics tell us that wireless just doesn’t have the capacity of a fast wired cable connection. It will be a complementary service, not a substitute. Wireless is much less efficient in its use of spectrum and faces much harsher signal environments than signals do inside a controlled cable environment, and so the overall number of bits that can be conveyed in a given amount of time in a mobile environment is much lower than that possible in cable systems. We love mobility, but for watching live video, we’ll still prefer wired cable.

The giant cable operators generally do not compete with each other in major metropolitan areas in the US. (The one exception is New York City, which is so large and complex that Comcast, TW, and Cablevision have all stayed in place – but the cable systems have divided up the boroughs among themselves.) In general, non-competing cable systems have at least 70% of the video customers in more than half of the top 50 DMAs in the US. In a series of transactions and gentlemen’s agreements, the operators have carved up the country among themselves and stay out of each others’ territories.

Cedar Falls, Iowa, Upgrading Cable Network to FTTH

Cedar Falls, Iowa, is the latest of a number of publicly owned cable networks that are upgrading to FTTH. Cedar Falls has been planning this for some time, squirreling away net income over the years as it ran surpluses to help afford the costly upgrade. A story in the WCF Courier notes it will cost $17 million and is expected to be completed in 2012. The bonds used to finance the project will be repaid over 10 years.

When I last spoke to folks in Cedar Falls, they had massive take rates - bolstered by local service that Mediacom could not compete with. Cedar Falls Utilities (CFU) had already been offering fiber services to local businesses and will be expanding that to the entire area. According to an article in the Cedar Falls Times, the utility had already been installing FTTH capability into greenfield developments, so they have certainly planned for this transition.

Motivation for the upgrade seems to be the faster broadband speeds and more capacity for HD channels. The Utility also noted that needed bandwidth has been doubling every year -- a likely reason they opted for FTTH rather than a cheaper DOCSIS3 upgrade that would not offer the same scalability as FTTH (and DOCSIS3 is much more constrained in upstream capacity).

The Cedar Falls Times article explains the benefits of FTTH over HFC:

An HFC plant uses thousands of active devices (such as amplifiers) to keep data flowing between the customer and the service provider. Any one of these devices can fail, interrupting service. In contrast, the all-fiber plant will be a passive optical network, with no active components between the distribution center and the end user. Fewer “moving parts” means fewer points of failure and a more reliable system.

CFU puts community needs first:

“We know from experience that economic growth comes to cities that keep their infrastructure up to date, whether it’s roads, water, electricity or broadband,” said Krieg [CFU General Manager]. “CFU is going to do what it takes to make sure Cedar Falls has leading-edge communications technology, and maintain economical rates for internet and video services.”

The network was launched in 1996, one of the first communities with citywide broadband access. It has enjoyed success using a variety of metrics, including financial:

The Communications Utility earned operating income of $2.4 million on sales of $11.3 million in 2009. The Utility’s earnings are used to repay the money borrowed to build the system, and to keep the plant up to date with changing technology. The Communications Utility paid off $6.9 million of long-term debt while continuing to invest in system improvements during the period.