Congress wants to stop metered Internet, but it's putting effort into the wrong end of the problem

Rep. Eric Massa of New York today introduced a bill designed to put a stop to metered billing plans at large ISPs. The gist of it is that any ISP with more than 2 million customers must get FTC approval before doing any kind of consumption-based billing. Certainly companies like Time Warner and AT&T have gotten out of control with their miserly caps, but this is putting effort into the wrong end of the problem.

This proposal is just more of the same: highly restrictive regulation for the incumbents that gets constantly gamed and does nothing to promote better service provider choices. Given that the status quo of telecommunications regulation hasn’t ended up working so well, why on earth would we even entertain this idea? Lunacy is doing the same thing and expecting different results.

We should instead be focusing on how to increase competitive choices in the marketplace so that consumers have the option to pick their service provider. I’m confident that the only reason any service provider can get away with ridiculously low caps is because consumers can’t flee to another service. Once there’s some more competitive pressure, we’ll see those prices drop like a rock. In fact, markets with 4 service providers have prices that average about 25% less than markets with just two providers.

Let’s make sure our Congresscritters start focusing on the right part of the story. Competition is good. Regulation? Not so much.

Broadband Bytes: January 31-February 6, 2009

It feels like the summer TV season as most of the news this week is reruns from last week. The DTV delay and broadband stimulus continue to dominate the news headlines. We also saw the launch of Lafayette’s fiber project, some new gadget news and more bad news from device manufacturers and SPs. All this and more in this week’s Broadband Bytes!

Broadband Bytes: January 24-30, 2009

This week saw the DTV transition delay get, uh, delayed (though not for long), Cox’s new traffic management plan, and a competing version of the broadband stimulus package that offers 50% more cash for 90% fewer conditions. Qwest also renewed its fight with SkyWi, Charter dropped a 60Mbps gauntlet, and Google launched tools to find out if you’re being throttled by your ISP. All that and more in this week’s Broadband Bytes!

  • The DTV delay got stalled up as the House failed to consider the bill for a fast-track passage despite unanimous support from the Senate. The Senate later passed a second DTV delay bill that the House should vote on next week; it’s widely expected that it will pass and President Obama has already said he will sign the bill as soon as it hits his desk. Now Congress just needs to figure out if/how to fund the 3.2 million (and growing) backlogged requests for DTV converter box coupons. I think the whole thing is kind of silly since Hawaii made the switch and there was no TV armageddon. Besides, interim FCC Chairman Copps says that a seamless transition is impossible.
  • Cox Communications is the latest large ISP to implement some kind of network management, opting for a system that’s a lot like what Comcast did. Unlike Comcast, however, they plan to throttle specific “low-priority” traffic types once the congestion gets too high including FTP file transfers, torrents and newsgroups. Predictably, there are a lot of people calling bunk on the plan, but I don’t think it’s so bad. Comcast is getting ripped by the FCC since their protocol-agnostic version would degrade competitor’s VoIP traffic if you end up being one of the hogs, so it makes sense to try and only smack around the data types that generate a lot of packets and a lot of transfer. Most users are fine with network management schemes so long as they are transparent and generous; the complaining just happens to be very, vey loud.
  • The US Senate has put together a competing version of the House’s broadband stimulus plan. The good? It ups the funds by 50% to $9B. The bad? It strips out all of the open access language and allows anyone to get in on the action. DSLReports rightly calls it a giveaway to Verizon since they can become eligible for money at the flick of a switch without having to really do much of anything differently and, as expected, Qwest doesn’t like how the plan is shaping up either. The House has already passed the $6B version and kept open access provisions intact. It also keeps the money restricted to rural and underserved areas and will only be available via loans and grants, not tax breaks as incumbents had hoped for. GigaOm has a great breakdown of who wins or loses in the various proposals.Telco lobbyists are already launching a multi-pronged attack. They want to scrap special access rates for competitors, up the spending, drop the speed requirements, get more tax breaks… pretty much anything they think might stick. Incumbents, though, seem to have missed the memo that the goals of this plan are to increase availability of braodband AND increase competition, not entrench the incumbents. I suppose they’re too used to abusing the USF and getting their way.
  • Qwest decided to ignore an order from New Mexico’s PRC and disconnect some of SkyWi’s customers without the required 10-day warning. Qwest has likely figured that whatever the penalty is, it’s worth it to kill off a competitor and SkyWi might not be around to finish its lawsuit. The company tried to pass it off as a clerical error. Expect New Mexico’s PRC to give Qwest a serious smackdown (provided it can survive Qwest’s army of robot lawyers) and keep an eye open for possible FCC involvement. Spurned CLECs like SkyWi are prime companies to recuit onto open networks like UTOPIA.
  • Charter, despite its severe financial problems, stole the St. Louis speed crown from AT&T by launching a 60Mbps DOCSIS 3.0 service at a wallet-busting $140/mo. This bests Comcast and Verizon by about 10Mbps, but it far faster than anything AT&T can do with ADSL2+. Verizon took the opportunity to make fun of DOCSIS 3.0 and its limits as compared to fiber. Users on UTOPIA are likely very “ho-hum” about the announcement since 50Mbps service has been available for quite some time.
  • Speaking of Verizon and AT&T, they announced earnings this week that reveal that DSL and landline users are being cannibalized by their FIOS and U-Verse systems, respectively. Both systems are picking up a lot of video users, but the margins on most television packages are very slim. Wireless revenues were the real shining spot, but it didn’t stop AT&T from posting a large drop in revenues and announcing a sharp decrease in spending for system upgrades. Guess the iPhone wasn’t enough to save them as AT&T also froze executive compensation (including bonuses) and brought a lot of jobs back to the US from India. Verizon is also rumored to be contemplating layoffs despite a good quarter.
  • Google fired a shot at ISPs who employ any kind of throttling or traffic management by offering up free tools to test for it. Even if your ISP isn’t engaging in these kinds of practices, the presence of these tools will help keep them honest. In the debate over network management, it’s very important to be clear and upfront about any caps or network management policies you plan to employ. Comcast got a PR black eye by hiding its policies for months as angry users took to the Internet and flooded forums with complaints. They get kind of stabby when you mention it after the fact (and for good reason).
  • I imagine users on Comcast and AT&T will appreciate these new tools. All three ISPs have signed on with the RIAA to disconnect users who are sharing copyrighted files. It’s part of the RIAA’s broad approach to turn ISPs into their copyright cops in exchange for a cut of the action, something they have successfully pulled off in Ireland. Given the lack of an appeals process and frequent ISP mistakes, you can bet that this opens the market for competing providers to snap up those customers.In the UK, they’re debating a different approach: a £20/mo “piracy tax”. Such a tax has already been implemented in Isle of Man which allows residents there to pirate as much as they want for under $1.50/mo. The RIAA would probably do better to offer an “all you can download” music service or some kind of “piracy license” that gives you the right to download whatever you want.
  • Comcast is thinking about offering WiFi to subscribers, but no word yet on if they plan to charge for it or use it as a perk to lure in customers. They’re currenting testing it out in New Jersey in a partnership with Cablevision. Cox Communications really took the lead on this by snapping up a lot of regional 700MHz licenses so that they can start offering wireless services as well, including leasing tower space to cell phone carriers. Thinking beyond the triple play to include these kinds of services is a smart move for any service provider.
  • Smart companies also focus on customer service. Charter has taken up permanent residence on the DSLReports forum and, like Comcast, has a customer service team assigned to Twitter. And while Sprint has announced that they will layoff 8,000, they plan to avoid sacking anyone in a customer service position even as subscribers decline sharply. High customer satisfaction leads to low churn and lots of free word-of-mouth advertising. I recently got support from Sprint’s Twitter team and got my issue resolved in record time.
  • Guess who’s making money hand over fist? If you guessed Netflix, give yourself a red envelope. Or don’t, since most of the company’s revenue has come from users switching from mailed DVDs to streaming on their PC or TV. Even with the switch to streaming, Netflix is going to start shipping DVDs on Saturdays to help speed up processing and delivery times. (No word on how the post office’s plans to drop Tuesday service will affect this.) I wouldn’t be surprised if the secret sauce in Netflix’s bottom line is customer satisfaction. The few times I’ve had an issue, I had a short hold time to talk to a live person who was empowered to make me happy.