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Verizon Engaged in IP Transition With No Rules: Where is the FCC?

Public Knowledge, The Utility Reform Network (TURN), and a long list of other public interest groups, recently filed a letter with the FCC urging the agency to launch an investigation. Specifically, the alliance asks the FCC to look into reports that Verizon is forcing customers to move from copper lines to fiber IP-based service. From the letter:

The Commission must begin investigating this issue quickly, lest inaction send carriers the message that abandoning customers in violation of their legal obligations is acceptable. Delay will only lead to carriers hanging up on more customers at a time when basic communications service is more important than ever.

In California, New York, New Jersey, and DC, large corporate carriers such as Verizon, AT&T, and Frontier are not maintaining traditional copper lines. Public Knowledge and TURN note in their letter that in Maryland, the state's Office of the People's Counsel found that "Verizon routinely migrates customers from the copper network to unregulated services with inadequate procedures for customer notice and consent."

We noted last summer that Verizon faced criticism for transitioning residents in the Catskills and in New York City to VoiceLink without disclosing the full limitations of the service. This was the tip of the iceberg. Verizon has failed to repair copper lines when requested. People in some areas of New York City have been told they must upgrade to FiOS in order to get phone service. There are even some customers who have been told they cannot order stand alone telephone service.

Because IP-based services are not yet regulated, carriers will not be obliged to provide services to everyone or to maintain communications infrastructure as they must with copper lines. 

The full text of the letter [PDF] and exhibits [PDF] provide details on Verizon's purposeful neglect of existing copper lines, customer service tactics to push customers on to IP services, and more about the company's nation-wide strategy. From the letter:

The problems that have garnered public attention so far are geographically widespread, and the Commission must take seriously the likelihood that these problems are occurring in many more states, leaving an unknown number of people with substandard basic communications service. This state of affairs is unacceptable. The Commission must now assert its leadership in this area, work with states where consumers are being denied adequate basic service, investigate places where customers are losing reliable basic voice service, and ensure that our country is living up to its commitment to provide basic communications service to everyone.

TURN wants Verizon customers to contact them, if they have experienced similar problems with the provider.

Process Matters: Harold Feld's Guide to the Time Warner Cable/Comcast Merger

The proposed Comcast/Time Warner Cable deal will be on everyone's mind for many months to come. Thanks to Harold Feld, it is now possible to follow the process as it moves forward. Feld began a series of posts earlier this month that map out the review as it moves from the Department of Justice Antitrust Division to the Federal Communications, and finally to Congress. As Feld notes, the entire process will last six months at least and could run for more than a year. 

In addition to drawing a process map, Feld provides insightful subtleties on the purpose behind each step in the review. He also offers political analysis that may influence the outcome. Feld gets into the unique review process, burdens of proof, and relevant definitions at each stop along the way. Highly recommended, especially for law students.

Part I - Introduction

Part II - Antitrust Review at the DOJ

Part III - Federal Communications Commission analyzes public interest

Part IV - The proposal moves through the committee process and the public has a chance to express themselves to their elected officials (including lobbyists)

 

Save the White Spaces! From Public Knowledge

The FCC is now contemplating how much newly freed spectrum to retain for public use and how much to auction off to private companies for their exclusive use. Public Knowledge is leading the effort to ensure we retain enough shared spectrum to unleash more innovation and public benefits rather than simply padding the profits of a few massive firms that already control plenty of it.

In addition to the Gigabit Libraries Network's White Spaces Pilot Project, we have shared white space technology stories from North Carolina and New York

Public Knowledge recently created a video on the prevalence of spectrum in our lives, included below. Most of us take for granted the fact that shared (or unlicensed) spectrum permeates our culture. 

Instead of sitting by while the resource is auctioned off to the highest bidder, Public Knowledge has also created a petition to retain the spectrum needed for white space technology to spur more innovation. From the petition:

One of the most promising new technologies uses the empty spaces between television channels, the so-called "TV white spaces" (TVWS). The United States currently leads the world in this new technology. In the few short years since the FCC approved use of the TVWS, companies have built and shipped equipment to bring needed broadband to rural communities, creating jobs and expanding opportunities.

...

We call on the FCC to set aside 4 reclaimed TV channels, or 24 MHz, for TV white spaces. This will still leave the FCC more than enough to auction to wireless companies for their commercial needs. By reserving 24 MHz of "unlicensed" spectrum across the country for TV white spaces, the FCC will encourage further innovation in wireless services and foster the growth of next generation WiFi contributing billions of dollars in new products and consumer savings.

Video: 
See video

A Roadmap for the FCC To Ensure Local Authority to Build Networks - Community Broadband Podcast #84

When the DC Circuit Court handed down a decision ruling against the FCC's Open Internet (network neutrality) rules, it also clarified that the FCC has the power to overrule state laws that limit local authority to build community networks. Harold Feld, Senior Vice President for Public Knowledge, joins us for Community Broadband Bits Episode #84 to explain the decision.

Harold exlains what Section 706 authority is and how all the DC Circuit judges on the case felt that the FCC, at a minimum, has the authority to strike down laws that delay or prohibit the expansion of broadband infrastrcturue.

We then discuss how the FCC can go about striking down such laws to reestablish local authority - a community in a state like North Carolina could file a petition with the FCC for action or the FCC could decide to take action itself. Either way, it will have to build a record that laws revoking local authority to build networks are harmful to expanding this essential infrastructure.

Finally, some of this power filters down to state public utility commissions, but just how much is unclear at present.

We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address.

This show is 15 minutes long and can be played below on this page or via iTunes or via the tool of your choice using this feed.

Listen to previous episodes here. You can can download this Mp3 file directly from here.

Thanks to Fit and the Conniptions for the music, licensed using Creative Commons.

Webinar on IP Transition from Public Knowledge and Center for Media Justice

Public Knowledge and the Center for Media Justice have an eye on the transition from traditional copper landline telephone service to Internet-protocol services. As we move forward, both organizations continue to educate citizens on telecommunications policy and how it can affect us.

On December 12, at 2:00 p.m. EST, both groups will collaborate for a webinar on the transition. What's the Hang Up: A Webinar to Understand the Phone Network Transition and Defend Your Communication Rights, will offer info on the transition and will introduce participants to the "What's the Hang Up" toolkit, designed to help consumers get involved as we move forward. Presenters will be Stephani Chen, Amina Fazlullah, and Sean Meloy.

From the webinar announcement:

The largest telephone companies in the U.S. have announced they want to upgrade the technology that delivers phone service to an all internet-protocol (IP) based telephone network.  The telephone has made universal communications possible keeping families connected, becoming a lifeline in times of crisis, and an economic engine for small businesses.

In order for our communities to continue to experience the benefits of the telephone, we must get involved.  Over the coming months the Federal Communications Commission and other government agencies will be considering how to roll out this transition.

You can register online for the presentation. For some great information on the transition, listen to Chris interview Harold Feld from Public Knowledge in episode #52 of the Broadband Bits podcast.

We Need Video Reform, Let D.C. Know What You Think

Time Warner Cable subscribers across the country who enjoy CBS programming are out of luck. The two media giants have reached an impasse in their fight over retransmission consent so several major markets are now missing out. CBS has also taken the fight one step farther, blocking TWC broadband subscribers from accessing CBS.com video content.

Public Knowledge as launched a campaign to end this viewer lock-out. From their recent call to action:

It doesn't matter whether CBS or Time Warner Cable is the bad guy here. The only one losing here is you, the viewer.

Some members of Congress are standing up to the media giants. The bipartisan "Television Consumer Freedom Act," [PDF] co-sponsored by Senators John McCain and Richard Blumenthal, takes the first steps at fixing this mess.

But an army of special interest lobbyists likes things the way they are, and they don't care that you are caught in the middle. For this bill to move forward, your members of Congress need to hear from you.

For more detail on how we got here, read Harold Feld's recent Policy Blog on the PK website. PK makes it easy for you to inform your D.C. represenation that you want video reform. 

You can also look up your U.S. Representatives and your U.S. Senators to contact them directly via phone or email.

The Five Fundamentals for Future Telecommunications - Community Broadband Bits Podcast #32

Harold Feld, Senior Vice President of Public Knowledge, is back on Community Broadband Bits to discuss five fundamental rules necessary to ensure we have a great telecommunications system that benefits everyone. Harold first appeared on our show in episode 23.

Harold explains the Five Fundamentals here and includes a link to their full filing [pdf].

In short, the fundamentals are: Service to all Americans, Interconnection and Competition; Consumer Protection; Network Reliability; and Public Safety. The comments also include some thoughtful words about the balance between federal, state, and local governments in ensuring these five fundamentals.

We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address.

This show is 25 minutes long and can be played below on this page or subscribe via iTunes or via the tool of your choice using this feed. Search for us in iTunes and leave a positive comment!

Listen to previous episodes here. You can can download this Mp3 file directly from here.

Thanks to mojo monkeys for the music, licensed using Creative Commons.

Community Broadband Bits 23 - Harold Feld from Public Knowledge

One hundred years after Teddy Roosevelt and AT&T agreed to the Kingsbury Commitment, Harold Feld joins us on Community Broadband Bits podcast to explain what the Kingsbury Commitment was and why it matters. In short, AT&T wants to change the way telecommunications networks are regulated and Harold is one of our best allies on this subject.

AT&T is leaning on the FCC and passing laws in state after state that deregulate telecommunications. Whether we want to deal with it or not, these policies are being discussed and consumer protections thus far have taken a beating. This interview is the first of many that will help us to make sense of how things are changing and what we can do about it.

We also discuss the ways in which the Federal Communications Commission and Federal Trade Commission spurred investment in next-generation networks by blocking the AT&T-T-Mobile Merger on anti-trust grounds.

Harold is senior Vice President of Public Knowledge and writes the Tales of the Sausage Factory blog.

We want your feedback and suggestions for the show - please e-mail us or leave a comment below. Also, feel free to suggest other guests, topics, or questions you want us to address.

This show is 22 minutes long and can be played below on this page or subscribe via iTunes or via the tool of your choice using this feed. Search for us in iTunes and leave a positive comment!

Listen to previous episodes here.

Thanks to mojo monkeys for the music, licensed using Creative Commons.

Harold Feld Examines The Meaning Behind The Verizon/SpectrumCo/Cox Deal

Several months ago, we wrote this post but it got lost in the system. We think it still worthwhile, so here it is.

The word "cartel" drums up many negative annotations - drug cartels, oil cartels. Never anything positive, such as bunny cartels or chocolate cartels. Harold Feld (of Public Knowledge) explains the emergence of another cartel in My Insanely Long Field Guide To The Verizon/SpectrumCo/Cox Deal, on his Tales of the Sausage Factory blog. This is  great tutorial on how the deal came about and what it can mean for the future of broadband.

Rather than chocolate, drugs, oil, or bunnies, the product in question is telecommunications services. At the heart of the cartel are the familiar names: Verizon, Cox, and SpectrumCo. The latter being a consortium of Comcast, Time Warner Cable, and Bright House. All the big hitters in telecom are involved in a way that is veiled, secretive, and not good for competition.

"It's almost as if your companies got in a room together, and you agreed to throw in the towel and stop competing against each other," Sen. Al Franken to representatives from Verizon and the cable companies at the Senate Judiciary Subcommittee on Antitrust, Competition Policy, and Consumer Rights, March 21, 2012.

Feld's investigation begins with the licensing and collecting of spectrum by SpectrumCo but ends with a more practical look at how these big hitters have decided that it is better to join forces than to compete. Side agreements, secretive multi-layered entities, and threaded loopholes keep the FCC at bay. This begins as an article about telecommunications, but quickly expands into an antitrust primer. The most alarming facet of this situation is that the product in question is information.

Joel Kelsey of Free Press testified at that same committee, warning how this deal will compromise access, quality, and affordability to broadband in America and how drive us further behind the rest of the world.

Update:

On August 16, 2012, the Department of Justice announced that it approved the deal with changes. Citing:

"...the spectrum transactions facilitate active use of an important national resource and thereby promise substantial benefit to wireless consumers."

Video: 
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70 Groups Call on Congress to Drop SOPA / PIPA

The Institute for Local Self-Reliance joined many other groups in signing a letter calling on Congress to cease considering the Stop Online Privacy Act (SOPA) and instead initiate a balanced process meant to seriously consider a proper way to defend copyrights that does not threaten the open Internet. In short, we want a process that considers the rights and desires of all Americans, not a few corporations with the best lobbyists.

From Public Knowledge:

“This letter shows that the opposition to SOPA and PIPA came from an extraordinarily diverse coalition of well-informed groups and companies who understood perfectly well what was in the bills. This was not an industry-led movement, it was an Internet user movement,” said Ernesto Falcon, congressional affairs director for Public Knowledge. “Contrary to what Hollywood executives are saying, the sole reason why the Internet blackout occurred was because the public was concerned by these over-reaching bills that had no business being considered.”

From the letter [pdf]:

Now is the time for Congress to take a breath, step back, and approach the issues from a fresh perspective. A wide variety of important concerns have been expressed – including views from technologists, law professors, international human rights groups, venture capitalists, entrepreneurs, and above all, individual Internet users. The concerns are too fundamental and too numerous to be fully addressed through hasty revisions to these bills. Nor can they be addressed by closed door negotiations among a small set of inside the-beltway stakeholders.

Furthermore, Congress must determine the true extent of online infringement and, as importantly, the economic effects of that activity, from accurate and unbiased sources, and weigh them against the economic and social costs of new copyright legislation. Congress cannot simply accept industry estimates regarding economic and job implications of infringement given the Government Accountability Office’s clear finding in 2010 that previous statistics and quantitative studies on the subject have been unreliable.