funsec mailing list archives

Re: More Telco-Sponsored Net Nuetrality Propaganda


From: Valdis.Kletnieks () vt edu
Date: Thu, 22 Jun 2006 10:01:54 -0400

On Thu, 22 Jun 2006 00:20:41 -0000, Fergie said:

A banner ad showed up atop one of the MSNBC story pages this
afternoon, linking to this little caroon, explaining "See The
Future of The Internet" -- and just as the massive (and sneaky)
telecom "reform" legislation sponsored by Sen. Ted Stevens
(R.-Alaska) is being debated in Washington.

This "Internet of The Future" ad comes to us from the same folks
who sponsor the "Hands Off the Internet" campaign -- the telcos.

Seen on Dave Farber's I-P list.  Note particularly the implied
conspiracy regarding monitoring:

--- Begin Message --- From: David Farber <dave () farber net>
Date: Wed, 21 Jun 2006 12:00:30 -0400


Begin forwarded message:

From: Dana Blankenhorn <dana () a-clue com>
Date: June 21, 2006 11:54:45 AM EDT
To: dave () farber net
Subject: Re: [IP] more on Summary for Congress of proposed NN Act Proposal

http://www.danablankenhorn.com/2006/06/10_reasons_for_.html
10 Reasons for the Lack of Competition
On Dave Farber's list today Gerry Faulhaber of the Wharton School (right) asked an intriguing question concerning wireless broadband.

Where are the competitors?

Five years ago I spent a lot of time covering Wireless ISPs, entrepreneurs (mostly in rural areas) who were using 802.11 to deliver broadband service, often against the Bells.

Given the political contempt people feel for the Bells, there should be more of them. Why aren't there?

Here are 10 reasons:

1.. Uncertainty. The Bells have been using the agencies of government to change regulations and drive competitors out of business for several years now. Their monopolies are actually subsidized, through programs like the Universal Service Fund, which by law must flow to the Bells if the Bells want the money. 2.. Backhaul. In many rural areas the Bells offer the only backhaul for a WISP, and they charge prices geared toward keeping their monopoly for it. 3.. Price Wars. As with cable "overbuilds" in the 1990s, incumbents can drop prices and improve service where competition exists, subsidized by captive monopoly customers. 4.. Frequency. If the FCC would open up more unlicensed spectrum, instead of selling every hertz it sees to the incumbents, we'd have more WISPs. 5.. Power limits. The FCC has uniform power limits for unlicensed equipment, which must operate at microwave frequencies. If rural areas had higher limits, WISPs would benefit. 6.. Bandwidth Hogs. A very small minority of WISP customers, mainly engaged in music and/or video hoarding, pushed the industry toward bandwidth limits, limiting their competitiveness. 7.. Rural Industry. The present WISP industry is very rural. Thus the suppliers concentrate on rural WISP problems. Economics of scale have not yet been brought to bear on the mesh gear that would fit suburban or urban environments. 8.. Municipal Broadband Most companies that want to provide WISP services in cities are trying to get concessions in order to become sole providers. This discourages truly competitive entrants. 9.. Sponsors. The owners of competitive backhaul - Level 3 and Google - have not been aggressive in enabling mesh technology sales to entrepreneurs. 10.. Wall Street. Bankers don't want to bank competitive broadband when they see the low profits being reported by the monopolists. Some very simple changes in government policy could change all this in a heartbeat. (They could easily be initiated by FCC chair Kevin <artin, left.) Opening up more unlicensed spectrum. Raising power limits. Enforcing the anti-trust laws.

Fact is the attitude of the present government is to endorse the duopoly because it leaves law enforcement with a small number of chokepoints through which it can monitor all online traffic. It's a quid pro quo that is understood at the highest levels in both the White House and AT&T offices in San Antonio.

An overt conspiracy does not need to exist. This is a nod-and-wink deal. But the fact is U.S. policies at all levels have, for nearly six years, endorsed the re-creation of the Bell monopoly, leaving the U.S. falling behind in the infrastructure which defines 21st century economic success.

Something needs to be done about that. There are things which can be done. But expecting capital to flow into an industry the government is discouraging doesn't mean the science is wrong, or the market has rejected the idea.

It means we need to change the policy. As with energy, get rid of the incumbents' subsidies and create conditions under which competitors can grow.

Dana Blankenhorn   dana () voic us
editor    www.voic.us


----- Original Message ----- From: "David Farber" <dave () farber net>
To: <ip () v2 listbox com>
Sent: Wednesday, June 21, 2006 10:15 AM
Subject: [IP] more on Summary for Congress of proposed NN Act Proposal




Begin forwarded message:

From: Gerry Faulhaber <gerry-faulhaber () mchsi com>
Date: June 21, 2006 10:07:41 AM EDT
To: dave () farber net
Cc: faulhaber () wharton upenn edu
Subject: Re: [IP] Summary for Congress of proposed NN Act Proposal

[for IP]
Amazingly, I find myself in agreement with Dana Blankenhorn. This business of restricting the use of Internet to only service that follows IETF/RFC protocols really is fairy dust. Does anyone think that customers really care about "IETF/RFC Inside"? In the few minutes since I read Dana's post, I have thought of a dozen names that Comcast/Verizon could call it other than Internet that would work just fine in the marketplace. And what about all the non- complying systems in place today?

I also wholeheartedly agree with Dana about making the market competitive as the only true solution to this. However, he seems to think that Congress must act to "take away their monopoly right of way." In fact, Congress already did; the Telecom Act of 96 removed all local monopoly franchises, period. Even further back, there are FCC Pole Attachment rules requiring telephone companies to share their poles at specified rates. Everything is actually in place for competitors to enter.

The question is: with all the railing against "monopoly" BB providers, and all the rant about how well it works in Korea, how come we haven't seen competitive entry? And with all the hype about unlicensed wireless as the answer to the maiden's prayer, how come we have almost no private entry into wireless BB (except Clearwire)? I'll bet if all those great entrepreneurs spent less time writing outraged letters to Congress, IP, etc., and more time building a business plan to offer competitive BB, all our problems would be solved. And yet, and yet....where are the competitors? Why so much whining and so little market entry? Come on, guys; if it's a great business for Comcast/Verizon (highly questionable, actually) then it should be a great business for you. Yeah, it's you I'm talkin' to, buddy.

Dana has it absolutely right; what he doesn't have (and should have) is a business plan. If he doesn't have it, then why not any of those guys who signed on to the Internet Platform thing?

Professor Gerald Faulhaber
Wharton School, Univ of Pennsylvania
Philadelphia, PA 10194
Professor Univ of Pennsylvania Law School

----- Original Message ----- From: "David Farber" <dave () farber net>
To: <ip () v2 listbox com>
Sent: Wednesday, June 21, 2006 8:19 AM
Subject: [IP] Summary for Congress of proposed NN Act Proposal




Begin forwarded message:

From: Dana Blankenhorn <dana () a-clue com>
Date: June 20, 2006 2:40:29 PM EDT
To: dave () farber net
Subject: Re: [IP] Summary for Congress of proposed NN Act Proposal

I so admire the people behind the bill, and I hate to disagree with them, but I do...

http://www.danablankenhorn.com/2006/06/dont_call_it_in.html

Don't Call it Internet Then
A group of very clever folks -- David Reed, Bob Frankston, Bruce Kushnick, John Mitchell, Dave Weinberger (left), Rahul Tongia, Andy Oram, Steve Cherry, Dewayne Hendricks, John Bachir, Paul Jones and others -- have gotten together to back a "solution" of the network neutrality act dubbed the Internet Platform for Innovation Act of 2006.

Here's the full bill.

Short version.

Define the Internet as neutral, and take away the right of non- neutral Bell and cable offerings to call what they sell "Internet" service.

I think of it as magic fairy dust.

First, it ain't gonna pass. Second, even if it does, it doesn't matter unless there is real competition in the marketplace, so people can choose "real" Internet service without penalty.

May I offer something equally simple, concise and (maybe even) passable? That is, take away their monopoly right of way. Pass a bill which states states, cities and other units of government must make poles and other right-of-way available to competing service providers.

Short Version. Take away their monopoly.

I compare the situation to what we face with oil refineries. As you may know, gas prices are high, and refinery prices are way up. No new refinery capacity has come on-stream for 25 years. There is no competition in the market, and no incentive for refiners to create new capacity.

The solution: open up the market. Open the market to other forms of energy with a price floor under which all forms of energy can find a market, then offer a higher floor to non-carbon processes. Get rid of the subsidies the oil companies now enjoy.

The same solution is needed here. The difference between energy and Internet service is that, in Internet service, the cost of provisioning actually is going down, thanks to Moore's Law. The cost of running a bit over fiber continues to go down. The cost of running a bit over the air continues to go down. This is no longer 30-year property (like a refinery). it's fast becoming three-year property, even one-year property. You don't write your PC off over five years anymore -- when it breaks or gets too slow for the new software you buy a new one.

The Intenet solution, in other words, is simpler. There are ample new supplies of real Internet bits available. They don't need subsidy. All they need is an opportunity to come to market.

Once they do the competition will change the Bells' incentives, and force them to offer more bits, at lower prices, or go out of business.

Once this kind of solution was called conservative. Today's conservatives, unfortunately, are too busy sucking at the corporate teat to recall what they're supposed to be about. (See above for an example.)

Frankly I don't care what you call it.

I call it setting the market free.

Dana Blankenhorn   dana () voic us
editor    www.voic.us


----- Original Message ----- From: "David Farber" <dave () farber net>
To: <ip () v2 listbox com>
Sent: Tuesday, June 20, 2006 12:59 PM
Subject: [IP] Summary for Congress of proposed NN Act Proposal


Mime-Version: 1.0
Content-Transfer-Encoding: 8bit
Content-Type: text/plain; charset=WINDOWS-1252; delsp=yes; format=flowed


Begin forwarded message:

From: Seth Johnson <seth.johnson () RealMeasures dyndns org>
Date: June 20, 2006 12:29:19 PM EDT
To: ecommerce () lists essential org, broadcast-
discuss () lists essential org, A2K () lists essential org, upd-
discuss () lists essential org, commons-law () sarai net
Subject: [Upd-discuss] Summary for Congress of Our NN Act Proposal


John Mitchell has just produced a wonderful summary of our
proposed legislative approach for Congressional staff.  See
below.


Seth


http://www.dpsproject.com/CongressSummary.html


Introduction and Summary for Congressional Staff

(Click here for the proposed "Internet Platform for Innovation
Act of 2006" [http://www.dpsproject.com/legislation.html])

Attached is a fresh approach to "network neutrality."  It
recognizes that the Internet is, in fact, neutral.  Neither slick
promotions offering "premium" or "exclusive" services, nor
thoughtful legislation, can change that.  Any service offered by
one of the many networks that form a part of the "network of
networks" called "the Internet" which favors the delivery of some
data packets over others based on their content, source or
destination, is simply not "the Internet."  To pass off access to
specially modified networks as "Internet access" is false and
deceptive.

In over thirty years of global standards and Internet service
provider behavior, Internet participants have come to assume that
their traffic will be passed without interference. Because the
global "Internet Protocols" of the Internet are based on this
concept, neutrality is inherent in it.  So, when Congress seeks
to preserve network neutrality, it need not do so by "regulating
the Internet," as it would be difficult and unnecessary to
legislate fundamental global protocols of Internet router
behavior.  Rather, it is far better to allow Internet-connected
services and specially-tailored networks (even if perceived as
more valuable to some) to compete freely in the marketplace,
regulating those who would misrepresent them as "Internet"
services or "Internet access."  This has the critical advantage
of not allowing the standards to be overridden by these custom
modifications.  Without standards, there is no competition or
ability to connect between networks.

For as long as we have had an Internet, we have also had "local
access networks," or LAN's, typically operated within a single
company.  Today, major network access providers have the
capability of offering very large LAN's, and even networks of
LAN's, which may look a lot like the Internet to many
unsuspecting consumers.  If such LAN providers happen to be the
only viable choice for Internet access, they will have the power,
working with a few major corporations, to replace the Internet
access for millions of Americans with access to a "walled garden"
containing only such portion of the Internet as they allow, and
in which only those companies willing and able to pay will be
able to have access - or best access - to their subscribers.  It
may be the case that some consumers will prefer the more limited
access being offered, but such offers must compete on their own
merits, and not at the loss of an open, consistent, and
predictable platform for the transport of innovative products and
services by all.  Conversely, if networks that treat applications
specially wish to create a global network consistent with their
practices, they can enter into appropriate processes and work to
develop standards.

Thus, this proposal recommends that Congress authorize the
Federal Trade Commission to enforce a prohibition on false and
deceptive representations pertaining to "Internet access" while
leaving innovative networks free to develop their own proprietary
services, so long as their nature is not misrepresented.  This
approach will enable consumers to make informed comparisons among
the Internet access being offered as distinct from other products
and services offered by their Internet access providers, while
assuring that anyone who purchases true Internet access will get
what they bargained for - access to the global Internet,
unfettered communications throughout the globe, and access by
myriad competitors, individuals, advocates, and news sources
whose products, services and communications can be made available
to them on a level playing field.

    * Introduction and Summary for Congressional Staff
(http://www.dpsproject.com/CongressSummary.html)
    * Facing Reality on Net Neutrality (http://dpsproject.com/)
    * Two Types of Neutrality
(http://www.dpsproject.com/twotypes.html)
    * Proposal: The Internet Platform for Innovation Act of 2006
(http://www.dpsproject.com/legislation.html)

_______________________________________________
Upd-discuss mailing list
Upd-discuss () lists essential org
http://lists.essential.org/mailman/listinfo/upd-discuss


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--- End Message ---
In fact, I'll do Dana one better, and point out that it explains why
billions of dollars of incentives to deploy high-speed access were allowed
to fail - if you want to do mass monitoring, you want your users on low-speed
DSL, not on FTTH....

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