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Spectrum Policy for the Wired Network, Aspen Institute Roundtable

Scholarship Increasingly, the wired and wireless networks are converging in architecture and function. For example, the further fiber moves towards the customer, the more wireless capabilities are available in cellular networks.

Summary

Increasingly, the wired and wireless networks are converging in architecture and function. For example, the further fiber moves towards the customer, the more wireless capabilities are available in cellular networks. As wireless offers more bandwidth, it can deliver video and other functions previously thought to require more substantial broadband pipes. The question then arises, to what extent are wireless offerings substitutable for wireline services, and vice versa? The 2013 Aspen Institute Roundtable on Spectrum Policy (AIRS), “Spectrum Policy for the Wired Network,” met on November 13-15, 2013 to consider what spectrum policies would foster best the goals of a robust, reliable and effective communications system in the United States.

The 24 leading communications policy experts who met at the Aspen Wye River Conference Center in Queenstown, Maryland began by looking at the characteristics of network architecture, both wired and wireless, that are relevant to a robust communications network. In the course of this exploration, the group considered public goods that need to reach consumers, and the desire for consumer choice of competitive services. They also investigated what essential elements of the wired network are required by public policy, and which of these can wireless services substitute for. The overall goal was to discover how spectrum services and spectrum policy can advance overall communications policy goals, e.g., robust, reliable, and effective communications with choice where possible.

As the following report details, the discussions were lively and knowledgeable. Throughout the report, the Roundtable rapporteur, Geoff Manne, sets forth a number of recommendations that he gleaned from the conference dialogue, specifically concerning the issues of rural communications, public services, and competition. While these recommendations generally reflect the sense of the meeting, there were some opponents to the viewpoints recorded and there were no votes taken. Accordingly, participation in the dialogue should not be construed as agreement with any particular statement in the report by the participant or his or her employer.

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Telecommunications & Regulated Utilities

Manufacturing (Broadband) Dissent

Popular Media I have a new post up at TechPolicyDaily.com, excerpted below, in which I discuss the growing body of (surprising uncontroversial) work showing that broadband in . . .

I have a new post up at TechPolicyDaily.com, excerpted below, in which I discuss the growing body of (surprising uncontroversial) work showing that broadband in the US compares favorably to that in the rest of the world. My conclusion, which is frankly more cynical than I like, is that concern about the US “falling behind” is manufactured debate. It’s a compelling story that the media likes and that plays well for (some) academics.

Before the excerpt, I’d also like to quote one of today’s headlines from Slashdot:

“Google launched the citywide Wi-Fi network with much fanfare in 2006 as a way for Mountain View residents and businesses to connect to the Internet at no cost. It covers most of the Silicon Valley city and worked well until last year, as Slashdot readers may recall, when connectivity got rapidly worse. As a result, Mountain View is installing new Wi-Fi hotspots in parts of the city to supplement the poorly performing network operated by Google. Both the city and Google have blamed the problems on the design of the network. Google, which is involved in several projects to provide Internet access in various parts of the world, said in a statement that it is ‘actively in discussions with the Mountain View city staff to review several options for the future of the network.’”

The added emphasis is mine. It is added to draw attention to the simple point that designing and building networks is hard. Like, really really hard. Folks think that it’s easy, because they have small networks in their homes or offices — so surely they can scale to a nationwide network without much trouble. But all sorts of crazy stuff starts to happen when we substantially increase the scale of IP networks. This is just one of the very many things that should give us pause about calls for the buildout of a government run or sponsored Internet infrastructure.

Another of those things is whether there’s any need for that. Which brings us to my TechPolicyDaily.com post:

In the week or so since TPRC, I’ve found myself dwelling on an observation I made during the conference: how much agreement there was, especially on issues usually thought of as controversial. I want to take a few paragraphs to consider what was probably the most surprisingly non-controversial panel of the conference, the final Internet Policy panel, in which two papers – one by ITIF’s Rob Atkinson and the other by James McConnaughey from NTIA – were presented that showed that broadband Internet service in US (and Canada, though I will focus on the US) compares quite well to that offered in the rest of the world. […]

But the real question that this panel raised for me was: given how well the US actually compares to other countries, why does concern about the US falling behind dominate so much discourse in this area? When you get technical, economic, legal, and policy experts together in a room – which is what TPRC does – the near consensus seems to be that the “kids are all right”; but when you read the press, or much of the high-profile academic literature, “the sky is falling.”

The gap between these assessments could not be larger. I think that we need to think about why this is. I hate to be cynical or disparaging – especially since I know strong advocates on both sides and believe that their concerns are sincere and efforts earnest. But after this year’s conference, I’m having trouble shaking the feeling that ongoing concern about how US broadband stacks up to the rest of the world is a manufactured debate. It’s a compelling, media- and public-friendly, narrative that supports a powerful political agenda. And the clear incentives, for academics and media alike, are to find problems and raise concerns. […]

Compare this to the Chicken Little narrative. As I was writing this, I received a message from a friend asking my views on an Economist blog post that shares data from the ITU’s just-released Measuring the Information Society 2013 report. This data shows that the US has some of the highest prices for pre-paid handset-based mobile data around the world. That is, it reports the standard narrative – and it does so without looking at the report’s methodology. […]

Even more problematic than what the Economist blog reports, however, is what it doesn’t report. [The report contains data showing the US has some of the lowest cost fixed broadband and mobile broadband prices in the world. See the full post at TechPolicyDaily.com for the numbers.]

Now, there are possible methodological problems with these rankings, too. My point here isn’t to debate over the relative position of the United States. It’s to ask why the “story” about this report cherry-picks the alarming data, doesn’t consider its methodology, and ignores the data that contradicts its story.

Of course, I answered that question above: It’s a compelling, media- and public-friendly, narrative that supports a powerful political agenda. And the clear incentives, for academics and media alike, are to find problems and raise concerns. Manufacturing debate sells copy and ads, and advances careers.

Filed under: federal communications commission, net neutrality, regulation, technology, telecommunications, truth on the market, wireless Tagged: Broadband, FCC, Internet Access, Network neutrality, rankings, TPRC

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Telecommunications & Regulated Utilities

Comment, Connect America Fund Universal Service Gigabit Communities

Regulatory Comments "It’s been said, of the newest technology, that speed could change everything. If only we could cross a certain speed threshold, our basic infrastructure would catalyze new opportunities we can scarcely even conceive of..."

Summary

“It’s been said, of the newest technology, that speed could change everything. If only we could cross a certain speed threshold, our basic infrastructure would catalyze new opportunities we can scarcely even conceive of. All government needs to do is prime the pump: fund a demonstration project to prove that we can do it, and markets will follow. The demand may not be there yet, but “if you build it, they will come…”

“There are some impediments to the sort of broadband connectivity people actually do want — most importantly local and state regulations that reduce competition and increase the cost of new facilities. The FCC should consider ways to encourage state and local governments to reduce these regulatory barriers rather than create an expensive new program to subsidize a particular technology (fiber) picked because of an arbitrary, top-down decision that people should have a certain speed – even if they don’t yet want it. The FCC should heed the wisdom of Australia’s new Communications Minister who explained his government’s decision to abandon plans for a national fiber-to-the-home network in favor of subsidizing far less  expensive, but slightly slower, fiber-to-the node connectivity…”

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Telecommunications & Regulated Utilities

Will the Real Broadband Heroes Please Stand Up?

TOTM Susan Crawford recently received the OneCommunity Broadband Hero Award for being a “tireless advocate for 21st century high capacity network access.” In her recent debate with Geoffrey . . .

Susan Crawford recently received the OneCommunity Broadband Hero Award for being a “tireless advocate for 21st century high capacity network access.” In her recent debate with Geoffrey Manne and Berin Szoka, she emphasized that there is little competition in broadband or between cable broadband and wireless, asserting that the main players have effectively divided the markets. As a result, she argues (as she did here at 17:29) that broadband and wireless providers “are deciding not to invest in the very expensive infrastructure because they are very happy with the profits they are getting now.” In the debate, Manne countered by pointing to substantial investment and innovation in both the wired and wireless broadband marketplaces, and arguing that this is not something monopolists insulated from competition do. So, who’s right?

Read the full piece here

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Telecommunications & Regulated Utilities

Comments, Modernizing the E-rate Program for Schools and Libraries, FCC

Regulatory Comments "In the 1996 Telecommunications Act, Congress created a cluster of Universal Service Programs to ensure that schools, libraries, high-cost areas and the poorest Americans are connected to the telecommunications networks..."

Summary

“In the 1996 Telecommunications Act, Congress created a cluster of Universal Service Programs to ensure that schools, libraries, high-cost areas and the poorest Americans are connected to the telecommunications networks. As those networks have been transformed by technological change, those subsidy programs have become increasingly disconnected from the reality of modern communications technologies. The Commission’s Notice of Proposed Rulemaking on modernizing E-rate marks the next administrative step towards crafting a new framework for the USF program.

No one doubts the need for modernization, but sensible modernization requires ensuring that taxpayer dollars are used efficiently to achieve clearly conceived and effective goals. In particular, that means rigorously justifying any bandwidth “targets” in terms of actual needs, pedagogical efficacy, and tradeoffs…”

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Telecommunications & Regulated Utilities

How the FCC Will Lose on Net Neutrality

TOTM Today’s oral argument in the D.C Circuit over the FCC’s Net Neutrality rules suggests that the case — Verizon v. FCC — is likely to . . .

Today’s oral argument in the D.C Circuit over the FCC’s Net Neutrality rules suggests that the case — Verizon v. FCC — is likely to turn on whether the Order impermissibly imposes common carrier regulation on broadband ISPs. If so, the FCC will lose, no matter what the court thinks of the Commission’s sharply contested claims of authority under the Telecommunications Act.

Read the full piece here.

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Telecommunications & Regulated Utilities

Forbes commentary on Susan Crawford’s “broadband monopoly” thesis

Popular Media Over at Forbes Berin Szoka and I have a lengthy piece discussing “10 Reasons To Be More Optimistic About Broadband Than Susan Crawford Is.” Crawford has . . .

Over at Forbes Berin Szoka and I have a lengthy piece discussing “10 Reasons To Be More Optimistic About Broadband Than Susan Crawford Is.” Crawford has become the unofficial spokesman for a budding campaign to reshape broadband. She sees cable companies monopolizing broadband, charging too much, withholding content and keeping speeds low, all in order to suppress disruptive innovation — and argues for imposing 19th century common carriage regulation on the Internet. Berin and I begin (we expect to contribute much more to this discussion in the future) to explain both why her premises are erroneous and also why her proscription is faulty. Here’s a taste:

Things in the US today are better than Crawford claims. While Crawford claims that broadband is faster and cheaper in other developed countries, her statistics are convincingly disputed. She neglects to mention the significant subsidies used to build out those networks. Crawford’s model is Europe, but as Europeans acknowledge, “beyond 100 Mbps supply will be very difficult and expensive. Western Europe may be forced into a second fibre build out earlier than expected, or will find themselves within the slow lane in 3-5 years time.” And while “blazing fast” broadband might be important for some users, broadband speeds in the US are plenty fast enough to satisfy most users. Consumers are willing to pay for speed, but, apparently, have little interest in paying for the sort of speed Crawford deems essential. This isn’t surprising. As the LSE study cited above notes, “most new activities made possible by broadband are already possible with basic or fast broadband: higher speeds mainly allow the same things to happen faster or with higher quality, while the extra costs of providing higher speeds to everyone are very significant.”

Even if she’s right, she wildly exaggerates the costs. Using a back-of-the-envelope calculation, Crawford claims that slow downloads (compared to other countries) could cost the U.S. $3 trillion/year in lost productivity from wasted time spent “waiting for a link to load or an app to function on your wireless device.” This intentionally sensationalist claim, however, rests on a purely hypothetical average wait time in the U.S. of 30 seconds (vs. 2 seconds in Japan). Whatever the actual numbers might be, her methodology would still be shaky, not least because time spent waiting for laggy content isn’t necessarily simply wasted. And for most of us, the opportunity cost of waiting for Angry Birds to load on our phones isn’t counted in wages — it’s counted in beers or time on the golf course or other leisure activities. These are important, to be sure, but does anyone seriously believe our GDP would grow 20% if only apps were snappier? Meanwhile, actual econometric studies looking at the productivity effects of faster broadband on businesses have found that higher broadband speeds are not associated with higher productivity.

* * *

So how do we guard against the possibility of consumer harm without making things worse? For us, it’s a mix of promoting both competition and a smarter, subtler role for government.

Despite Crawford’s assertion that the DOJ should have blocked the Comcast-NBCU merger, antitrust and consumer protection laws do operate to constrain corporate conduct, not only through government enforcement but also private rights of action. Antitrust works best in the background, discouraging harmful conduct without anyone ever suing. The same is true for using consumer protection law to punish deception and truly harmful practices (e.g., misleading billing or overstating speeds).

A range of regulatory reforms would also go a long way toward promoting competition. Most importantly, reform local franchising so competitors like Google Fiber can build their own networks. That means giving them “open access” not to existing networks but to the public rights of way under streets. Instead of requiring that franchisees build out to an entire franchise area—which often makes both new entry and service upgrades unprofitable—remove build-out requirements and craft smart subsidies to encourage competition to deliver high-quality universal service, and to deliver superfast broadband to the customers who want it. Rather than controlling prices, offer broadband vouchers to those that can’t afford it. Encourage telcos to build wireline competitors to cable by transitioning their existing telephone networks to all-IP networks, as we’ve urged the FCC to do (here and here). Let wireless reach its potential by opening up spectrum and discouraging municipalities from blocking tower construction. Clear the deadwood of rules that protect incumbents in the video marketplace—a reform with broad bipartisan appeal.

In short, there’s a lot of ground between “do nothing” and “regulate broadband like electricity—or railroads.” Crawford’s arguments simply don’t justify imposing 19th century common carriage regulation on the Internet. But that doesn’t leave us powerless to correct practices that truly harm consumers, should they actually arise.

Read the whole thing here.

Filed under: antitrust, regulation, technology, telecommunications Tagged: at&t, Broadband, Comcast, Crawford, FCC, Google Fiber, Susan Crawford, Time Warner Cable, Verizon Wireless

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Antitrust & Consumer Protection

Comment, Technological Transition of the Nation's Comm. Infrastructure

Regulatory Comments AT&T's petition presents the FCC with a stark choice: Bootstrap the regulations of a dying 20th century technology platform onto the networks of the future, to ever-diminishing consumer benefits, or take the lead in coordinating the transition to “Internet Everywhere”...

Summary

AT&T’s petition presents the FCC with a stark choice: Bootstrap the regulations of a dying 20th century technology platform onto the networks of the future, to ever-diminishing consumer benefits, or take the lead in coordinating the transition to “Internet Everywhere”—Internet analyst Larry Downes’ term for a single IP-based networking standard built into all next-generation infrastructure and equipment.

A wide range of disparate, private wired and wireless networks using a variety of different hardware and software protocols are now converging on native IP technologies—sometimes by accident but increasingly by design. Once doubted, IP has now been embraced by traditional wireline, mobile, cable and satellite providers, as well as incumbent and next-generation content providers. Data, voice, and video are all converging onto a single standard, available wherever and whenever consumers want it. Internet Everywhere in the near future is within our grasp—if only the Commission does what is necessary to allow and encourage it.

While we believe the FCC has a crucial, long-term role to play in shepherding the IP Transition, as outlined in TechFreedom’s Comment, this Reply Comment argues that the FCC should resist the urging of many commenters in this docket to erect regulatory barriers, however well-meaning, to protect consumers from harms that have not materialized and are unlikely ever to do so.

Instead, the Commission should adopt a clear program to facilitate the successful transition to an all-IP network by ensuring that it is unencumbered by inappropriate, legacy regulations. To start, the FCC should approve AT&T’s petition. While the resulting trials are carried out, the agency should move to identify a date certain for concluding the IP Transition. And at the same time, the agency should make clear its intention to refrain from applying interconnection mandates and the apparatus of Title II to the IP network, thereby preempting conflicting state regulations that would otherwise derail the agency’s efforts.

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Telecommunications & Regulated Utilities

Tears for Tiers: Wyden’s “Data Cap” Restrictions Would Hurt, not Help, Internet Users

TOTM As Democrats insist that income taxes on the 1% must go up in the name of fairness, one Democratic Senator wants to make sure that the 1% of heaviest Internet users pay the same price as the rest of us.

As Democrats insist that income taxes on the 1% must go up in the name of fairness, one Democratic Senator wants to make sure that the 1% of heaviest Internet users pay the same price as the rest of us. It’s ironic how confused social justice gets when the Internet’s involved.

Read the full piece here.

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Antitrust & Consumer Protection