Archive for July, 2008

BT and Ofcom

About 16 months ago, I heard Ed Richards of Ofcom speak at a CITI conference at Columbia, and blogged about it here. I remember thinking that Richards didn’t seem to think that highspeed access to the internet was all that important. The market had to demand it, and the market wasn’t being demanding.  Also, he wasn’t interested in government intervention to support highspeed access.

[In April 2007] Richards said (paraphrase mine): We won’t give network providers money — instead, we want to let the market make the decision. Are consumers willing to pay for a higher-speed broadband network? It has to be be funded by consumers. I see no case for funding broadband by the government. A national response of government funding would likely waste taxpayers money, preempt the market, and re-create a state monopoly. So we have to encourage consumers to pay more — they need to like the service proposition that they get. This can include content rights, bundles of services, etc.

(Note the well-informed anonymous comment following that post:

Since 2001 the UK Government has provided one billion pounds of “incentive” through state aid (channeled through the Regional Development Authorities), public-private partnerships and induced/aggregated demand from public services (egovernment projects, schools- and hospitals-online) to get BT to install DSL equipment in areas where the company said it was not “economically viable.” For documentation see “Broadband Procurement To Improve Efficiency and Effectiveness of Public Service Delivery” by Mike Gunston, UK Office of Government Commerce, presented at an OECD Broadband Workshop, Paris, France (2-4 December 2002).
This huge subsidy bribe sum was supposed to achieve the Government’s goal of making the UK “the most extensive and competitive broadband market in the G7 by 2005″ (UK online: the broadband future – An action plan to facilitate roll-out of higher bandwidth and broadband services, Office of the e-Envoy, 13 February 2001).)

Well, this week it looks as if the regulator, Ofcom, has again moved towards providing “incentives” to BT, this time to encourage BT to install fiber.

BT’s announcement is here.  Here’s a key phrase:

A supportive and enduring regulatory environment is essential if this investment is to take place. Given this, BT will be discussing with Ofcom the conditions that would be necessary to enable this programme to progress. These include removing current barriers to investment and making sure that anyone who chooses to invest in fibre can earn a fair rate of return for their shareholders.

BT is probably asking for subsidies, if the comment above is accurate.  It’s also saying in its press release that it will act as a wholesaler, which is a fascinating development.  (And makes BT sound quite different from Deutsche Telekom.)  BT wants cable to be similarly open.  Given the “barriers to investment” and “fair rate of return” language the company using, I wonder what BT has in mind.  It may be that “wholesaling” isn’t the same thing as equivalent access – so BT could offer super-duper services that its competitors can’t.  Also, just providing “wholesale” access doesn’t mean offering access that anyone can afford.

Which leads to the question:  How much fiber, and where?  Karl Bode characterizes BT’s offering as “Fiber To The Press Release.”  (That’s probably only funny to telecom-conference-attendees, but side-splitting to them.)  His summary is that “the majority of BT customers will still be on copper unless the government ponies up subsidies and passes the laws BT wants.”

Ofcom, for its part, is producing the sounds that BT wants to hear.  According to a story in The Register, Ed Richards recently said:

“They [investors in fibre] need a time horizon that gives them a degree of assurance for a realistic period in the future; that they know for example that the regulator will not suddenly change the rules of the game to reduce the returns just as the rewards for the risk start to flow in.”

Ah, the regulatory holiday.  That sounds very Deutsche Telekom.

The bipartisan open internet

I’m on the road, so just the link:  here.  It’s a terrific, wise, and welcome essay.  Individualism, innovation, entrepreneurial activity, a level playing field for new ideas – surely those are bipartisan notions.

From the French telecom regulator

via Dirk van der Woude:

Les femmes aux commandes

Une Lettre de l’Autorité entièrement rédigée par des femmes ? Et pourquoi pas ! Elles sont nombreuses à exercer, à titre divers, leur métier dans le secteur des télécommunications, un bastion traditionnellement masculin. Dans ce numéro exceptionnel de la Lettre de l’Autorité, elles prennent la plume pour dire comment elles font avancer la planète télécom et postale. Rien de féministe dans tout cela, juste un clin d’oeil en forme d’hommage à des femmes de talent : Joëlle Toledano, Gabrielle Gauthey, Christine Lagarde, Viviane Reding (Commission européenne), Meglena Kuneva (Commission européenne), Catherine Trautmann (Parlement européen), Laure de la Raudière (Assemblée nationale), Elizabeth Flüry-Hérard (CSA), Marie-Dominique Hagelsteen (Conseil d’Etat), Dominique Sénéquier (Axa Private Equity), Alexandra Hartmann (Fidelity), Laurence Parisot (Medef), Christine Landrevot (Ericsson), Martine Kervinio (Ficome), Patricia Russo (Alcatel-lucent), Katia Duhamel (AFORST), Sylvie Forbin (Vivendi), Barbara Dalibard (Orange Business Services), Kathryn Brown, Verizon), Michèle Landes (Renater), Marie-Christine Levet (Iliad), Gloria Calvo (CMT), Rauni Hagman (Ficora), Deborah Taylor Tate (FCC), Reine-Claude Mader (CLCV), Letizia Ali (CSF), Janine Langlois-Glandier (Forum TV Mobile), Katel Abiven (AFP), Catherine Maussion (Libération), Hélène Monnet (Institut Multimédia), Simone Bos (consultante), Joëlle Adda, Anne Lenfant et Isabelle Kabla-Langlois.

Link: http://www.arcep.fr/uploads/tx_gspublication/lettre62.pdf

The link isn’t working for me tonight – does anyone have another source?

[try http://translate.google.com:]

Women in command

A Letter of Authority written entirely by women? And why not! They are numerous in exercising, under diverse titles, their jobs in the telecommunications sector, a traditionally male bastion. In this exceptional number of the Letter of Authority, they take the pen to say how they advance the telecom and postal planet. Nothing feminist in all of this, just a wink-shaped tribute to women of talent.

FCC and Comcast

We don’t have a draft order to read, as far as I know. (Back-story here; Martin is suggesting that he will persuade two other Commissioners to say that Comcast violated the we-thought-unenforceable 2005 Principles.)

Blair Levin and Rebecca Arbogast suggest that the order will say something about inadequate/misleading information provided to Comcast customers (FTC-like); something about Comcast having the burden of showing that its practices were reasonable; and something about Comcast having failed to meet that burden. They’re also saying that the order won’t deal with the larger questions of prioritization that started the whole NN battle some time ago.

Litigation over the FCC’s jurisdiction to do whatever it does is certain.

Richard Bennett says that

The cable companies have a better feel for the tactical side of the question than the telcos do at the moment, as they’re the ones who’ve been taking the heat. Letting the FCC sanction Comcast will only embolden the neutrality mob, and they’ll damn sure push on to Congress regardless of the outcome in the FCC. So it’s like letting Hitler take Poland – they’re not going to be satisfied ever, so the only way to beat them is to win every battle and kill off their movement.

I’d like to see what the order says. I’m feeling cautious. My core intuition is that regulatory tinkering is insufficient to deal with the problem created by the re-definition of “information services” by incumbents, courts, and regulators. This is a fundamental problem, this move away from the nondiscrimination principles that shaped communications policy for general-purpose networks for so many years.

In the meantime, though, I’m glad so many people in this country are talking about communications policy. That can only help our new president to exercise real leadership once he has it.

==update – wanted to add Rob Topolski’s comment on the Times blog post – here.  He’s the guy who started off the Comcast story.

It costs more (2)

With no choice for highspeed access other than Comcast, I ended up paying quite a bit. The speeds varied (and I got the fastest) but the prices were all between $50 and $70 a month.

I received this note from a helpful reader:

The Ministerial Alliance Against the Digital Divide (MAADD) is one of the groups involved in the www.badcable.org effort because once again, Comcast has been rated the worst in customer satisfaction by the American Customer Satisfaction Index. Despite the bad customer service, Comcast’s basic rates have skyrocketed by as much as 81% in communities across Michigan in recent years with no end in sight.

It doesn’t make sense.

Michigan consumers must unite to demand better service and affordable rates from Comcast!

You and your readers can visit www.badcable.org and join the thousands of Michigan consumers who have sent a postcard to Comcast CEO Brian Roberts, demanding Comcast change its practices and provide quality service at reasonable rates.

Michigan consumers (and everyone else) should also know about InternetForEveryone. And OneWebDay.

1930 common carriage

The FISA news is not good – the Senate has approved a revision that drastically reduces judicial oversight [CDT] and is riddled with “loopholes so large that the feds could drive a truck loaded down with purloined civil liberties through it” [ArsTechnica].

=====

Disheartened, I’d rather write about a nice article by Warren Jefferson Davis in the first number of an ambitious (and short-lived) 1930s journal called the Air Law Review.  (Sorry that I can’t link directly to the journal – ask your local librarian.)  Davis was, among other things, grappling with the question whether a plane hired for ad hoc, casual, private joyrides should be treated as a common carrier.  (Answer:  No.)  Along the way, he carefully explored the general question of common carriage.

[T]o constitute a common carrier the business as such must be regular and customary in its character, and not casual only, and must be carried on as a business and be of such a general and public nature that the carrier is bound to convey goods for all persons indifferently who offer payment for carriage.

… [citing cases] “The real test whether a man is a common carrier, whether by land or water, therefore, really is whether he had held out that he will, so long as he has room, carry for hire the goods of every person who will bring goods to him to be carried.  The test is not whether he is carrying as a public employment or whether he carries to a fixed place, but whether he holds out, either expressly or by a course of conduct, that he will carry for hire, so long as he has room, the goods of all persons indifferently who send him goods to be carried.”

This framework isn’t based on necessity, or on monopoly status – it’s based on “holding out,” or acting, as if you’re available to everyone to carry their goods (or, potentially, communications).

Your World. Delivered.
–AT&T slogan, introduced Dec. 2005, following merger with SBC Communications, Inc.

It’s the Network.
–Verizon Wireless slogan, introduced 2005.

Hmm.  Sounds like transport is available, doesn’t it?

Battling over clouds

More than 40 years ago, the FCC was worried about telephone companies using their power over communications to control the then-nascent (and competitive) data processing marketplace. The Bell System at that point was already banned from providing services that weren’t common carriage communications services (or “incidental to” those communications services).

In Computer 1, the Commission tried to distinguish the use of computers for processing information from the use of computers as part of communications, with the goal of not allowing the Bell System into the data processing business.

In a 1999 article in the Texas Law Review, Steve Bickerstaff pointed out that Computer 1 meant that no one could provide a “computer utility” service.  The Bell System couldn’t as a matter of regulation, and no one else could because they’d be completely dependent on the good graces of the Bell System for transmission.  There weren’t enough highspeed lines to make a computer utility viable, and other companies probably didn’t want to test the regulatory boundaries anyway – they didn’t want to suddenly become telecommunications carriers by providing transport to remote computing services.

Today, we’d call the “computer utility” something different – we’d use the term “cloud computing.”

Fast-forward:  Computer I was the right decision, arguably, in that it allowed the internet to come into being.  Our government made a number of policy decisions (and delayed action in a number of ways) that supported internet access, as Bickerstaff describes.

Since then, Computer I and the divestiture conditions that continued the Computer I regime have been completely dismantled.  More than that – they’ve been reversed.  Now the telephone companies are *only* in the data processing business, which we now call “enhanced services” or “information services.”  No more common carriage transmission.  Nice note from Bickerstaff, writing, remember, in 1999:  “Mostly escaping attention has been the successful effort of the BOCs to position themselves as a very potent future force in the Internet market.

You can reframe the net neutrality battle as an argument for re-imposing the restrictions of Computer I.  Keep these companies from providing “information services”!  Put them back in the “transmission” box!

That hasn’t happened – yet.  Meanwhile, though, what about cloud computing?  Bickerstaff suggests that the conditions for cloud computing emerging would have to be (1) an increase in highspeed internet access, (2) increasing frustration with PCs, and (3) the existence of ample competitors to provide carriage.

Let’s say the first two conditions have been met now.  The third is still a major problem.  Yet there are companies – including Google – who have a great interest in providing the cloud.  What will happen?

The carriers have no particular reason to give up voluntarily on the regulatory gains they’ve made over the last 40 years.  Google is doing its best to open up or limit the control of the carriers (plus finding alternative pathways), but surely wants to move forward with the cloud more than it wants to win on principle.  Of course, I could be wrong.

So many questions – is cloud computing desirable?  Are people willing to possibly lose access to their entire portfolio of stuff if their internet connection goes down?  If cloud computing is desirable, will companies that are good at clouds be striking deals with the companies that have a lock on transmission?  Or will the companies that have a lock on transmission be emerging with clouds of their own?

It costs more

In Ann Arbor, Michigan, the “regional duopoly” story of internet access seems to prevail. It’s AT&T or Comcast.

I applied online for AT&T DSL, and for most of the process I was convinced that they were going to let me buy internet access *without* having an AT&T landline phone. No go. Little red type showed up on the screen [paraphrasing]: Please tell us your existing AT&T number. You can’t get DSL alone.

I called Comcast, and the company’s representative said:

Internet access all by itself? $57.95 per month. But you can’t get our fastest download speed (6MB) without also buying some cable service.

So I ask the natural followup question: How much would the really fast speed internet access cost with a basic cable package?

That’ll be $34.99/month for the first six months.

Although I guess it’s gratifying to have my basic thesis supported – that the cable companies are actually competing with the internet, and don’t want to have people hooked on internet access – this was irritating.

So I got a landline phone from AT&T (that I won’t use) plus their DSL service.

Meanwhile, this headline today, via Dewayne Hendricks and Dave Farber:

Telecoms Sue Over High-Speed Links

Telecommunications companies are suing cities around the nation to stop the construction of publicly owned fiber optic systems to bring high-speed Internet, telephone and cable television to communities far from metropolitan centers.

This line seemed particularly apt:

Many involved in the issue see a typical clash of viewpoints in the litigation embroiling Monticello, Minn., a town near Minneapolis, and TDS Telecom, a subsidiary of Bridgewater Telephone Co.

. . . A motion for dismal is scheduled to be argued on July 18. Bridgewater Telephone Co. v. Monticello, No. 86-CV-08-4555.

Dismal indeed. Of course the existing incumbents don’t want to see government intervention in internet access services – even though government intervention and the creation of a whole host of policies and subsidies supporting broad internet access brought the internet into widespread use in this country.

—–

Update: Helpful reader comment suggests that AT&T’s site is misleading, and that you can order naked DSL. At least you can in San Francisco. So I got back in touch with AT&T’s online customer service – and the answer is: No DSL available at my address in Ann Arbor. After 45 minutes on hold, I was able to cancel the entire AT&T order. Thanks to a helpful emailer, I learned that AT&T Uverse is available in Ann Arbor. But not at my address. Down to one choice: Comcast.

Blog break

I’m back from the ICANN meeting last week but moving into move-mode for the next few days.  I’m moving my base of operations to Ann Arbor, Michigan as of July 3.  All contact information, phone/email, remains the same.

Back July 7.