America's Telecoms Market in Dire Straits

In late 2008 it was my good fortune to be asked to write a number of reports on broadband and trans-sector development for the Obama Transition Team. President Obama had just won office and this team was crucial in setting the policies for the future. I gathered together a team of international experts to assist in writing these reports. I was able to do this because the revolutionary plans of the Australian government in relation to the NBN very much appealed to the Obama Team. more»

Has the FCC Created a Stone Too Heavy for It to Lift?

After five years of bickering, the FCC passed an Open Internet Report & Order on a partisan 3-2 vote this week. The order is meant to guarantee that the Internet of the future will be just as free and open as the Internet of the past. Its success depends on how fast the Commission can transform itself from an old school telecom regulator wired to resist change into an innovation stimulator embracing opportunity. One thing we can be sure about is that the order hasn't tamped down the hyperbole that's fueled the fight to control the Internet's constituent parts for all these years. more»

How to Discredit Net Neutrality

On Tuesday (November 30) Internet backbone provider Level3 publicly accused cable-based ISP Comcast of trying to thwart competing video services delivered through the internet. Comcast was, according to Level3, suddenly choosing to charge it more because of its carriage of Netflix traffic. The accusation was consciously framed to raise net neutrality alarms. It appeared as if a cable TV giant was using its control of internet access to make access to a competing, over the top video service more expensive... Then the full story came out. more»

The Perfect, the Good, and the FCC

It has been a busy week in U.S. communications policy, with an FCC meeting adopting important spectrum policy reforms, an FCC complaint about Comcast's approval policies for cable modems, and a dispute between Comcast and Level 3 over fees for Internet backbone traffic. And late last night, it got even more interesting. more»

Bad Timing: Comcast, Netflix, NN, Cable Modems, and NBCU

Comcast, the largest broadband provider, largest pay-TV company, and third-largest telephone company in the country, distributes communications services to more than a third of the country. Today Comcast's existing overwhelming market power was on display in major public battles with (1) Level 3 and (2) cable modem manufacturer Zoom. The takeaway from today: No market forces are constraining Comcast -- or any of the other major cable distributors, none of which compete with each other. more»

Comcast's Demand for a Video Surcharge From Its Level 3 "Peer"

According to Level 3, a major long haul Internet Service Provider, Comcast has demanded a "recurring fee" when Level 3 hands off movie and other high capacity video traffic for delivery by Comcast to one of the cable company's subscribers. This demand warrants scrutiny, perhaps less in the context of Network Neutrality and more in terms of further diversification (unraveling) of the peering process. more»

UK Ponders Net Neutrality, Overstating Broadband Competition

The recent declaration from the UK’s minister for communications that the Internet should be tiered, thereby allowing ISPs to charge for prioritised traffic (either rated by speed delivered or by content provider) is a knee-jerk response to network strain masking as a necessary network management tool, and is a potential threat to the concept of net neutrality. ...developments in the mobile data sector make it clear that capacity constraints are appearing on mobile networks as well, long before the anticipated launch of LTE-based services in the UK in 2013. more»

Net Neutrality - The Phoney War?

The current battles being fought over net-neutrality were over before they began. Whether you regard it as a good thing or a bad thing the world already has a multi-tiered internet and it's likely to become even more stratified in the coming years. Most markets, or perhaps countries is a better grouping, depend on commercial organisations to deploy broadband access and to serve the consumers that sign-up. The internet service providers that governments and customers depend on to reach more and more consumers and in increasingly difficult locations (read 'less likely to generate revenue') are there to make money. more»

Network Neutrality in the Wireless Space

There's been a tremendous amount written about the Google-Verizon joint proposal for network neutrality regulation. Our commentary at the EFF offers some legal analysis of the good and bad in this proposal. A lot of commentary has put a big focus on the exemption for wireless networks, since many feel wireless is the real "where it's gonna be," if not the "where it's at" for the internet. more»

Network Neutrality is the Wrong Fight!

We shouldn't settle for network neutrality. It's a poor substitute for what we had and much less than what we need. Let me explain. There are two topics to discuss. The first is "common carriage," a centuries old legal concept that applied to the US telecom industry throughout most of the 20th century. The second involves communications protocols. Both topics are complex, so I will cover only what's needed to understand why we shouldn't accept network neutrality and why, at a minimum, we should fight for enforcement of existing common carriage rules. more»