Broadband & Neutrality Regulation

The FCC has finally put an end to the dubious 1990s experiment with “unbundling” DSL services. Or, to put it a little bluntly, the FCC has decided it will no longer expropriate the infrastructure of the Baby Bells to be used at government-mandated prices by their competitors.

Various liberal commentators, such as Matt Yglesias have painted unbundling as a noble Clinton-era experiment that was allowed to wither on the vine under the Bush administration. Had the Republicans continued the Democrats’ vigorous efforts on behalf of competition, the theory goes, we would now have a healthy, competitive broadband marketplace.

Matt points out that Southeast Asia enjoys better broadband service than the United States and suggests that Japan and South Korea pursued “open access” policies like those the FCC is now abandoning, while the United States has dropped the ball.

But that line of argument doesn’t make very much sense. If you’re Verizon, and you know that you will be required to “share” any new infrastructure you build with your competitors, you are unlikely to spend very much money upgrading your infrastructure. And if you’re one of those competitors, you have little reason to build competing infrastructure when you have guaranteed “access” to Verizon’s infrastructure at government-mandated prices. Hence, although you might have some “competition” in downstream services, “open access” policies are going to retard the build-out of new infrastructure in the “local loop.”

You can see this dynamic in Matt’s own backyard. A couple of years ago, Verizon began rolling out its fiber-to-the-premises service in select cities including Northern Virginia. They did so only after receiving assurances from the FCC that any new fiber infrastructure would not be subject to unbundling rules. You can also see it at work in the cable market: today, some cable companies are offering 6 Mbit services. When I had a cable modem 3 years ago, the best I could get is 1.5 Mbit.

Now, Matt points out that other countries have even faster service. He says we’re falling behind. I have to admit I haven’t studied the telecom markets in Japan and South Korea in any detail, so I can’t say what other differences might explain the discrepency. A couple of things come to mind. One is that, obviously, higher-density cities will have an easier time rolling out new services. Another is that, because Japan and South Korea industrialized fairly recently, the wires in the ground are likely to be newer than those in the United States, making rollout of faster services more practical. It’s also possible that cultural factors come into play. Japan and South Korea are intensely literate and gadget-happy societies. South Korea is obsessed with video games the way we’re obsessed with football. It’s possible (although I’m by no means claiming that I know enough to say it’s true) that Japan and South Korea have more broadband users because they have more nerdy people.

In any event, if your goal is to spur investments in new infrastructure, the first step must be to insure that the company that invests capital reaps the profits from that investment. It’s hard to see how “open access” rules could possibly accomplish that. Once the dust has settled from the well-deserved death of “unbundling,” we should have a thorough debate about how best to lower barriers to entry to the broadband market, so that companies can more easily build infrastructure (especially wireless infrastructure) to compete with the incumbents. But the debate must start with the principle that the government should respect the rights of companies who invest in infrastructure to profit from their investments, rather than “unbundling” them and giving “access” to other companies who have not bothered to make such investments.

So, let me get this straight, if I own a broadband cable network, I don’t have to allow competitor’s access to my network, but, on the other hand if I own a home on a desirable plot, I not only have to allow those competing for the use of that resource (my home and land) onto my land, but have to essentially give it to them. Don’t get me wrong, I’m glad the Court upheld property rights in Brand X, But I’m curious why they didn’t apply the same rationale as they did in Kelo. As Adam notes below, the rationale in Kelo could have easily been applied to other property, such as cable networks. Open access advocates have made that very case for years.

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Now, it’s also a tower for WiMax. Speakeasy is a cool company, and this should be one more piece of evidence to regulators around the country that there is not a monopoly in the broadband space. Don’t think anyone’s arguing that? Just take a look at this article about California.

Crossposted from my personal blog at www.soniaarrison.com.

Yesterday’s House Telecommunications Subcommittee hearing confirmed some of my worst fears about government regulation of new technologies / media, which I had discussed on Tuesday in this post.

Today’s Broadcasting & Cable includes a story about the hearing with the perfect title: “Hill Ponders Regulating Convergence.” That’s exactly what’s going on here with Congress and the FCC considering how to “level the (regulatory) playing field” as everyone tries to get into everyone else’s business. Illinois Republican John Shimkus is quoted in the story and what he said also frames the issue quite nicely: “How do we restructure the FCC to meet the new technological age. How do we justify different regulatory schemes when you are all competing in broadband.”

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[cross-posted from the PFF blog]

Last week, Philadelphia released its long-awaited blueprint for a municipal wi-fi project called “Wireless Philadelphia.” This week, Tom Lenard and I have released two studies outlining our reservations about the Philly proposal and municipalization more generally. Here’s Tom’s paper, and here’s mine.

First let me provide a summary of the Philly muni proposal and then outline my specific reservations about the plan.

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VoIP provider Vonage is up in arms about a certain telecom carrier apparently attempting to block customer access to their services. See this Washington Post article for the details.

Before everyone runs to the FCC asking for broadband regulation, let me offer a few thoughts on this matter…

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While much of the rest of the world is privatizing state-owned enterprises, there’s a growing movement here in the U.S. for local municipalities to get into the business of broadband. This is a testy issue that draws visceral responses over the proper role of government, property rights, and democracy itself. But the focus of my contribution to the publication released by the New Millennium Reach Council concludes that public sector competitors have a form of “home field advantage” that discourages entry from private firms.

I didn’t include a discussion on the hybrid municipal approach in the report but I wish I did. Some municipalities take a hybrid approach – they build the networks and sell wholesale access to private firms or they outsource to firms that then manage the customer relationship. But these are still a second-best solution.

Utah’s government-backed multi-city fiber project, UTOPIA, has promoted its model of private competition combined with public ownership of facilities by analogizing it to an airport.

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Next year, the Supreme Court will (as Reason’s Jeff Taylor puts it) “decide if your cable modem is really a telephone.” TechWeb has the story.

On the legal merits, it seems like it could easily go either way. I’m not a lawyer, but it’s hard to see how cable broadband is any different from DSL broadband. They’re technically similar and they’re marketed in identical ways; the only difference is the physical characteristics of the cable that carries the data. It’s hard to see how that’s a reasonable basis for distinguishing the two.

On the other hand, in policy terms, the people who want to impose the byzantine DSL regulations on cable have some pretty idiotic arguments:

“If the Supreme Court rules against Internet open access, cable companies will be able to block content at will for political or financial reasons, and deny the public the ability to choose among competing Internet providers,” he said. “The outcome of this case will–quite literally–determine the future of the Internet as we know it.” MAP is a public-interest telecommunications law firm.

Uh huh. If I wanted a new ISP, could switch to DSL or an analog modem tomorrow. I could cancel and get Internet access from the coffee shop down the street. In a few years, I’ll likely have the option to switch to fiber optics, wireless broadband, or satellite data services. Yet knowing all this, these guys think my cable company is going to piss me off by trying to tell me what web sites I can visit or what protocols I can use? Any company that did that would see a large segment of its customer base flee to competitors.

I’m not sure if it would be kosher for the Supreme Court to do it, but someone has got to cut both cable and DSL loose from traditional telecom regulations. Just the competition between those alone (I’d be fine with a rule that says no cable company can buy the local DSL provider and vice versa if that would make people more comfortable) will ensure there’s broadband competition in all major markets, and if anything, deregulation will increase competition by encouraging the build-out of new facilities like fiber optics. So the idea that the federal government needs to micro-manage this market to ensure competition is silly. If the Supremes won’t give us deregulation, Congress should. I certainly don’t want the FCC to start treating my cable modem like a telephone.

The FCC issued a press release yesterday that Commissioner Kathleen Abernathy will be chairing a conference of international regulators in December. The symposium will be hosted by the International Telecommunications Union (ITU). It’s objective is:

“to achieve worldwide progress in promoting the development of low cost access to broadband and Internet connectivity. To this end, we are confident that the regulators at the Conference will work to reach consensus on a statement of Best Practice Guidelines to utilize in achieving this goal.”

Commissioner Abernathy is generally a friend of free markets. How will she hold up to a global crowd that will likely equate “promoting the development of low cost access” with a government subsidies or public works project?

Wi-Fi as a Public Good

by on October 29, 2004

The New Deal-esque “chicken-in-every-pot” mentality continues to win converts in municipal government circles. Yesterday, San Francisco mayor Gavin Newsom said the city will now seek to provide free wireless Internet access for the entire public. “No San Franciscan should be without a computer and a broadband connection,” he said.

We’ve had numerous rants about this issue here before, so I won’t get into what’s wrong about this thinking. In fact, I think I’m just going to give up an get on the gravy train of high-tech entitlements. Toward that end, I’m starting a list of all the freebees that I think I have an inalienable right to FREE-OF-CHARGE from government. I think I’m entitled to:

  • free broadband (both fiber and Wi-Max, thank you very much);
  • a free computer (and a really fast one, damnit!);
  • 3 free HDTVs for my home (including one of those sweet new DLP or LCOS projectors that usually cost about $10,000 bucks. And I’ll need you to pay for someone to help me install it.);
  • 3 free new TiVO recorders;
  • a free subscription to DirecTV (with all the premium channels and sports packages… and don’t forget the Playboy Channel!);
  • a free lifetime subscription to NetFlix;
  • free internal wi-fi for my home;
  • free cell phone service; and,
  • free tech support when all this crap breaks down.

Hey, it’s all FREE when the government provides it, right? So why not load up on tech entitlements and give the public all these gadgets and services that they are clearly entitled to under the plain language of the Constitution. Clearly there’s some language in there about all this stuff being a birthright entitlement. God I love Big Government.