The Federal Communications Commission released the full version of its National Broadband Plan yesterday — all 11+ megabytes of it. A quick read (!) of the 300+ page document reveals that the problem of broadband “availability” is not nearly as big as the numbers highlighted in the plan would lead one to believe. If you’re careful to read the caveats and the numbers in the plan that don’t get a lot of emphasis, the problem of people who lack access to broadband is quite manageable.

The plan states that 14 million Americans lack access to terrestrial broadband capable of delivering a download speed of 4 megabytes per second (mbps). Making broadband of this speed available to all Americans would cost $24 billion more than the likely revenues from sale of the service.

(To calculate the dollar figure, the report’s authors estimated the stream of future costs and revenues from extending 4 mbps broadband to places where it does not currently exist, then “discounted” them to present values to make the costs and revenues comparable.  The $24 billion “funding gap” is thus a present discounted value.)

Several key assumptions drive these estimates.

First, the plan explicitly declined to include satellite when it measured availability of broadband.

Second, even if the plan’s authors wanted to include satellite, the choice of the 4 mbps benchmark also excludes all but the most expensive residential satellite broadband plans.  Perhaps more importantly, the 4 mbps benchmark also allows the plan to ignore “third generation” wireless Internet as an option for households located in places that don’t have wired Internet. 

These are important omissions, because the plan reports that 98 percent of Americans live in places that have 3G wireless Internet. On the other hand, 95 percent of Americans have access to wired broadband capable of delivering 4 mbps downloads. If we include 3G wireless Internet, only 2 percent of Americans live in places where broadband is not available, rather than 5 percent. In other words, including wireless broadband in the calculation cuts the size of the problem by more than half!  If we include satellite, the number of Americans who don’t have broadband available must be truly miniscule.

Why is 4 mbps the goal, anyway? The plan does not explain this in great detail, but it looks like 4 mbps is the goal because that’s the average speed broadband subscribers currently receive in the US. As a result, the plan picked 4 mbps as the speed experienced by the “typical” broadband user in this country. Only problem is, other figures in the plan show that 4 mbps is not the speed experienced by the “typical” US broadband user. The same graph that shows the average broadband speed is 4.1 mbps (on page 21) also shows that the median speed is 3.1 mbps. Half of broadband users have speeds above the median, and half have speeds below the median; that’s the mathematical definition of a median. When the median is 25 percent below the average, it’s simply not accurate to say that the average shows the speed that a “typical” user receives. The typical user receives a speed slower than 4 mbps.

The 4 mbps figure is also way above the goals other nations have set for broadband; the plan shows that other countries typically seek to ensure that all citizens can connect to broadband at speeds between 0.5 and 2 mbps. A goal in that neighborhood would surely allow most 3G wireless services to count as broadband when estimating availability.

That $24 billion “funding gap” also deserves comment. That’s the amount of subsidy the plan estimates will be required to make 4 mbps broadband available to all Americans.  If you read the plan carefully, you will also find that a whopping $14 billion of that is required to bring broadband to the highest-cost two-tenths of one percent of American housing units — 250,000 homes  (page 138). That works out to $56,000 per housing unit!

One wonders whether most Americans would be willing to spend $56,000 per home to ensure that these last few folks can get broadband that’s as fast as the FCC’s broadband planners have decided they deserve. Here’s another option. A basic satellite broadband package costs about $70 per month. Giving these 250,000 expensive-to-reach households satellite broadband would only cost about $200 million a year. It would cost less than half of that if we actually expect these consumers to pay part of the cost — maybe the same $40 per month the rest of us pay in urban and suburban areas?

That cuts the broadband “funding gap” to $10 billion, plus maybe $100 million a year for the satellite subscriptions. If we abandon the arbitrary 4 mbps definition of “acceptable” broadband speed, so that 3G wireless counts as broadband, the gap would be maybe half that size (since more than half of the people who don’t have wired broadband available do have 3G wireless available).

 And guess what — the broadband plan identifies about $15.5 billion in current subsidies that the FCC could repurpose to support broadband. In other words, the FCC has the ability to solve the broadband funding gap all by itself, without a dime of new money from taxpayers, telephone subscribers, or broadband subscribers!

I’m surprised the plan didn’t point that out; coulda made the five commissioners look like real heroes.

Over on the WashingtonWatch.com blog, I’ve laid out in the simplest terms I could what’s going on in terms of procedure with health care overhaul legislation. The post, called “What is Deeming, Anyway?“, comes in at a mere 900 words… If you’re a real public policy junkie, you might like it.

But what about the transparency oriented processes that President Obama and leaders like Speaker Pelosi promised the public? Recall that the Speaker promised to post the health care bill online for 72 hours before a vote back in September.

There was debate about whether she stuck to her promise then. And it was probably a one-time promise. It’s almost certain that she will not do so now. If she lines up the votes to pass the bill, the vote will happen. Right. Then.

What about President Obama’s promise to put health care negotiations on C-SPAN? The daylong roundtable debate on health care was an engaging illustration of what happens when you do transparent legislating. Voters got a clearer picture of where each side stands—and perhaps saw that there actually is some competence on both sides of the aisle. Some competence.

The health care negotiations going on right now are the ones that matter. This is when the most important details are being hammered out. This is when the bargaining that draws the public’s ire is happening. But I’m not seeing it on C-SPAN.

President Obama’s promise may have been naive, but that doesn’t excuse it. The inside negotiations going on this week represent an ongoing violation of the president’s C-SPAN promise.

And there’s good reason to anticipate that the president will violate his Sunlight Before Signing promise as well. This was his promise to post bills online for five days after he receives them from Congress before signing them into law. Continue reading →

I’m livetweeting today’s final FTC Privacy Roundtable (check out the #FTCPriv hashtag on Twitter). Check out the day’s agenda or watch the webcast here. Adam Thierer and I expressed our concerns about the rush to regulation at the First Roundtable back in December—see my written comments and Adam’s summary of his remarks. David Vladeck, Director of the Bureau of Consumer Protection offered the following summary of the Roundtable process at the kick-off this morning:

  1. Benefits & risks of technology. “March of technology has blurred and threatens to obliterate the distinction between PII [personally identifiable information) and non-PII…. It’s getting harder and harder for users to choose anonymity.”
  2. Privacy challenges raised by emerging business models. What do consumers know? Consumers are often presented with confusing and unfamiliar situations. Consumers understand little about how their information is handled.
  3. Innovation in disclosure. Industry is testing privacy icons.
  4. Privacy policies are too vague, too long, too complicated and too hard to find. We need effective ways to disclose what information is being collected and to give consumers a meaningful way to control its use. There’s no way to put the genie back in the bottle once information has been shared.

On the critical question of next steps, Vladeck claims the agency isn’t certain where it will go and plans to “sit back” and think about the detailed record before making public a set of detailed recommendations on which the public will be invited to provide input. I’d like to believe him and I hope the agency really does think long and hard about the evidence provided in this process as to the trade-offs inherent in increased regulation, the complexity of this space, and the need for a cautious approach when it comes to tinkering with the data flows that are the lifeblood, both technological and financial, of the Internet. But based on their recent public statements, I fear that Vladeck and FTC Chairman Jon Liebowitz have already made up their minds about the need for regulation, and that this process is really just paving the way for a report this summer that will call for sweeping new legislation—just as the FTC did back in its 2000 Report to Congress. Continue reading →

Here’s a brief audio clip that PFF’s new press director Mike Wendy helped me put together in which I outline some of my reservations with the Federal Communications Commission’s (FCC) just-released National Broadband Plan. It’s just 4 minutes. Just click the play button below.

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Just FYI.. Tomorrow morning’s “Washington Journal” program on C-SPAN will be devoted to a discussion of the Federal Communications Commission’s new National Broadband Plan. I’ve been invited to appear on the show and I’ll be up against Art Brodsky of Public Knowledge.  The program starts around 8:30 am EST.

Also, here’s the link to the audio (click “Listen” in upper left hand corner of that page) from today’s Diane Rehm Show on NPR featuring a debate between me and Ben Scott of Free Press on the FCC’s plan. It featured call-ins and among the callers were Rep. Cliff Sterns and frequent TLF commenter Brett Glass. They both expressed some reservations about the FCC plan.

Tom HazlettNow that the broadband plan is out, and the FCC has its sights set on 500 MHz of broadcast spectrum, come listen to what it all means. In the latest episode of the Surprisingly Free Conversation podcast, Thomas Hazlett, Professor of Law & Economics and Director of the Information Economy Project at George Mason University School of Law, discusses the economics of spectrum. The discussion also turns to the history of spectrum regulation, ongoing inefficiencies in the current system, and suggestions for possible improvements.

Listen to other episodes and remember to subscribe to the podcast using RSS or iTunes.

Brian Stelter of The New York Times reports today that “C-Span has uploaded virtually every minute of its video archives to the Internet”:

The archives, at C-SpanVideo.org, cover 23 years of history and five presidential administrations and are sure to provide new fodder for pundits and politicians alike. The network will formally announce the completion of the C-Span Video Library on Wednesday.

That’s just incredible. But, as I recently noted in my essay on, “C-SPAN, Civic-Minded Programming & Public Interest Regulation,” what’s more incredible it that this amazing, unprecedented civic resource has been provided to Americans at zero expense for the American taxpayer.  Many people fail to realize that C-SPAN is a private, non-profit company that is provided as a public service by cable industry contributions. It receives no government or taxpayer contributions whatsoever. From 1979-2009, total license fees paid by cable & satellite companies to support C-SPAN totaled $922 million.

So, next time you hear someone whining about how the private sector fails to provide “public interest programming,” ask them why the government didn’t think of C-SPAN first.  And don’t let them forget how, when C-SPAN first got off the ground, many in Congress fought the idea of public access to the inner workings of government. Thank God some folks in the private sector kept the heat on for access, while also keeping the monetary support flowing for the massive investment necessary to keep this unprecedented public resource alive and growing.

Visit C-SPAN’s amazing — and easily searchable — video archive today: www.c-spanvideo.org/videoLibrary

I’ve just read through the National Broadband Plan‘s (NBP) section on online privacy (pp. 52-57). I share the FCC’s goal of increasing consumer control over their digital profiles, and applaud the FCC’s call for promoting the development of trusted identity providers and for increased education about identity theft.  But I’m disappointed to see that the FCC is focused on regulatory solutions instead of less restrictive alternatives like consumer education, technological empowerment, increased enforcement of existing laws, or limiting government access to data collected by the private sector.

Given the nature of bureaucracies and the FCC’s sweeping assertions of its own authority in recent years, I suppose we shouldn’t be surprised that the FCC’s primary suggestion is that it should be given a key role in crafting privacy regulations for online services.  But the FCC clearly lacks any statutory authority over the “computing cloud” and Congress has not asked the agency for suggestions on expanding its jurisdiction.

The FCC deserves credit for recognizing something I’ve stressed: the manifold benefits of online data collection and use, especially that targeted advertising can significantly increase funding for “free” ad-supported content and services:

These data are giving rise to something akin to a “digital identity,” which is a major source of potential innovation and opens up many possibilities for better customization of services and increased opportunities for monetization. The value of a targeted advertisement based on personal data can be several times higher than the value of an advertisement aimed at a broad audience. For example, the going rate for some targeted advertising products can be several times the rate for a generic one because consumers can be six times more likely to “click through” a targeted banner advertisement than a non-targeted one. This differential will likely increase as targeting becomes more refined and more capable of predicting preferences, intentions and behaviors.

Firms’ ability to collect, aggregate, analyze and monetize personal data has already spurred new business models, products and services, and many of these have benefited consumers. For example, many online content providers monetize their audience through targeted advertising. Whole new categories of Internet applications and services, including search, social networks, blogs and user-generated content sites, have emerged and continue to operate in part because of the potential value of targeted online advertising.

Unfortunately, the FCC doesn’t acknowledge that these benefits are a critical part of the trade-off inherent in increased regulation of how online service providers collect and use data. Continue reading →

Beyond the fact that the Federal Communications Commission (FCC) decided to release the executive summary of its long awaited National Broadband Plan via a PDF of a scanned printed copy, there are other reasons to be concerned about the agency’s ability to centrally plan one of the most important, fast-moving sectors of our economy.  In this video clip, I discussed some of my general reservations with the idea of a gargantuan government industrial policy for the broadband sector, and in this essay I noted how, from what we’ve see of the plan thus far [Executive Summary], the FCC appears to be engaged in some creative accounting techniques to fund the scheme.

Not everything in The Plan troubles me, however, and I hope to touch on some of the more sensible elements in a future post. But, as I was reading through it, I flagged 5 regulatory hot potatoes in the plan that threaten to derail the entire thing.  In this regard, the parallels between the National Broadband Plan and the debate over health care “reform” are really quite striking. Indeed, it appears the Administration has once again settled upon a “go for broke” (potentially quite literally!) strategy. In both cases, they appear hell-bent and trying to do it all in the form of One Big Plan. Now, I won’t lie to you; such everything-plus-the-kitchen-sink public policy gambits make me nervous based simply on the sheer scale of the undertaking. When Washington tries to regulate massive chunks of the economy using bloated bills and bureaucracies inside the Beltway, it troubles me greatly. But even if the sound of Big Government on Steroids doesn’t raise your blood pressure, one would hope that the prospect of political gridlock and litigation hell would force advocates to scale back their ambitions a tad bit. After all, what good is a plan that can never pass or be implemented?

That’s why I was rather surprised to see these 5 regulatory initiatives teed up in the National Broadband Plan:

(1) Return of the Forced Access Regulatory Nightmare? The Plan says the FCC will, “Undertake a comprehensive review of wholesale competition rules to help ensure competition in fixed and mobile broadband services.” As my friend Randy May of the Free State Foundation notes: Continue reading →

This morning, a small group of us open government collaborators (joined by others) rolled out a transparency campaign called “Just Give Us the Earmark Data!

Visitors to EarmarkData.org are encouraged there to sign a petition asking Congress to publish data about earmarks in formats that are useful for public oversight. Developers can also participate in perfecting the data schema that will capture the “earmarks ecosystem” in the best possible way.

There has been a lot of action on earmarks recently. House Democrats announced last week that they would restrict their earmarking only to non-profits. The next day, House Republicans announced that they would forgo earmarking entirely. That’s House Democrats and House Republicans. Don’t assume that earmarking is going to go away.

Whatever happens, our demand is simple: Just give us the data!

If you agree that Congress should make good information about earmarking available, please sign the petition—and pass along the word with a Tweet, a Facebook post, an email, or whatever communication you like!

(If you’re a developer, take a look at the schema and join in the conversation about it on our Google group.)