Oh what a tangled web: Bell vs the Internet at Federal Court

mobiletv-fca-jan19-1219

Bell Mobility’s legal team conferred on a break

Lawyering up the Internet for non-lawyers

On Tuesday, January 19, the Federal Court of Appeal heard oral arguments from several parties about Bell’s Mobile TV service and whether it had violated Canadian law. In attendance were 13 lawyers, not counting the panel on the bench, which made it 16 lawyers, just shy of the spectator count in the gallery.

The spectators included several staunch advocates for the open Internet (Ben, Reza, JF, Laura, Cynthia, me), not to mention our tireless legal counsel, Philip Palmer, who agreed to represent a ragtag bunch he barely knew. We were there for a reason, although that reason had surprisingly little to do with what transpired in the courtroom.  Continue reading

More on the student ISP ratings: Bell’s Internet disaster (3)

bell-poutine-2

A new bundle from Bell: Internet access with poutine

~~~

I have bad news for Bell. On our campus, those steaming piles of french fries and gravy didn’t help convince any of my students that Bell has the “best Wi-Fi” or the best anything. And I have detailed files to prove it.

Poutine aside, why would Bell’s marketing department create an association between students resenting their roommates and students signing up for Wi-Fi? Well, first of all because Bell is counting on nobody actually knowing what the hell the “best” Wi-Fi would look like. Wi-Fi is a highly unpredictable technology whose performance depends on many factors out of Bell’s control, from the composition of walls to the type of data being transferred, the age of the router, the extent of bandwidth sharing and so on.

Meanwhile, there’s no clear value proposition for a commodity like bandwidth, except variations on “We’re the Best, period.” So Bell is betting that its brand equity will be enough to get people signing up, even as it’s getting its ass kicked in the Internet access market by Rogers. Bell has other trucks cruising around my neighborhood with another peremptory message slapped on the side: “Bell Internet. Perfect for laptops.Continue reading

A pig in a poke no more: my students rate the ISPs (2)

151-front-homepage-pic-2

As we discussed last time, shopping for an ISP is a fraught endeavor. The numbers you get, if you can get them, never sit still for long. And even if they do, making comparisons between ISPs as you look for a deal is usually all apples and oranges. Ironic when you consider that this kind of competitive product research has become a way of life for North American shoppers, precisely because of how readily information can be obtained online. 

The “up to…” gotcha

For their ISP reports, our student investigators had one other task after getting plan details: capturing actual speeds from their current ISP so as to compare them to advertised speeds. Like the other information gathering on this assignment, the speed tests have a dual purpose. One is to sharpen the student’s grasp of technical concepts; the other is to sharpen their assessment of the ISP’s performance.

Tests of the kind we’re interested in typically measure three variables: download speed; upload speed; and latency (see below). One of the tricky features of advertised broadband speeds is that ISPs always qualify them as “up to” – no guarantees. There are many reasons for this, legit and otherwise. Continue reading

A pig in a poke no more: my students rate the ISPs

151-front-homepage-pic

The carrier hotel at 151 Front St West, Toronto, the meeting point for dozens of ISPs and other network operators

“75% of respondents to PIAC’s survey did not know the speed tier to which they subscribe even though 83% of consumers identified download speed as very important or somewhat important when choosing an ISP for their home.”  –Public Interest Advocacy Centre (PIAC), Ottawa, January 2013 – Transparency in Broadband Advertising to Canadian Consumers (pdf)

~~~

Like the great majority of the online population, even 20-something communications studies majors have little or no clue what they’re buying from their ISP. That’s why we talk a lot about ISPs in my classes. They’re the main contact point for most people with the public Internet. They’re also the key to understanding what broadband is, how regulation works (or doesn’t), and how gatekeeping is exercised.

One challenge in helping undergrads understand how the Internet works (not just the technology, but the policy and business perspectives as well) is that there’s no textbook. Good sources have to be cobbled together, and there’s often a trade-off to be made between what’s topical and what’s authoritative. So when I went looking for a more engaging kind of written assignment a few months ago, I figured why not have the students develop the data themselves. Send them out to the field – well, at least as far as the living room – to find out exactly what they’re getting from their current ISP, then see if they could do better from the competition. Continue reading

Moronic multitaskers vs digital natives: the smartphone crisis

4520-summ-2015-phone-warn-skull

First impressions are important

“The single biggest problem facing education today is that our Digital Immigrant instructors, who speak an outdated language (that of the pre-digital age), are struggling to teach a population that speaks an entirely new language.” –Marc Prensky, 2001 (creator of the “digital natives” concept)

“Multitaskers are terrible at every aspect of multitasking.” –Clifford Nass, 2009

~~~

Almost four years ago, I launched a radical new approach to teaching my courses. I began confiscating student phones for the duration of every class.

blank-face-2Let’s pretend her name was Kathy. I kept issuing the usual pleas to her – and everyone – to stay off their phones, as it’s hard to participate in a seminar discussion when you’re typing Facebook likes. Kathy was worse than most, so I moved her to a seat directly in front of the lab podium. But even when I was hovering, she kept typing furiously, like I was invisible. She was the last straw. Neither my ego nor my pedagogy could take it any more.

phones-lab-2

Where phones go to facilitate the learning process (COMN 4520)

Around the time I started my full frontal phone attack, I posted the first of three items on dumb things you can do with smartphones, in September 2011. I took it for granted that thousands of other instructors faced the same problem every time they walked into a classroom. But I figured I had a particularly good reason for my phone strategy. I was teaching liberal arts undergrads how the Internet works. Continue reading

Broadband as a basic service: be careful what you wish for (4)

speedometer-3

[This post continues from the previous one, comparing the FCC and CRTC approaches to the principle of universality, and finding the CRTC’s approach to broadband puts this principle at risk.]

~~~

For my money, the key lesson we can take from Chairman Wheeler’s FCC lies in the willingness to admit when they’ve got a big problem on their hands. The FCC spends little time reflecting on its successes, compared to worrying about how they will correct market failures and right social injustices. In that spirit, Wheeler’s recent statement on the new Lifeline proceeding gets straight to the main issue: “…nearly 30% of Americans still don’t have broadband at home, and low-income consumers disproportionately lack access.”

Compare that blunt admission to the CRTC’s habit of seeing the world through rose-colored glasses. The rosy glow is not confined to decisions; it’s also been a feature of the CRTC’s research documents. Take last year’s Communications Monitoring Report on telecommunications (pdf uploaded here). Turning to the section on the Internet market sector and broadband availability (p.171), the reader is hard-pressed to see that anything is amiss in this parallel universe. Continue reading

Broadband as a basic service: be careful what you wish for (3)

speedometer-2

I’m taking a further shot in this post at the question of the decade: should Ottawa guarantee Internet access to all Canadians?

This question is now drawing a great deal of attention. In April, the CRTC launched a new proceeding to review “basic telecommunications services.” As I wrote previously:

“The most important single question to be addressed in this proceeding is whether the time has come to start treating a broadband connection to the Internet as an essential service to be provided to all our citizens, just as we have done for decades in the provision of basic telephone service.”

As luck would have it, that is exactly the issue the FCC voted to examine on June 18: FCC Takes Steps to Modernize and Reform Lifeline for Broadband.”

Nevertheless, the two agencies see what is at stake in very different terms. These differences are evident in a comparison of the relevant public notices and agency research documents. My reading indicates our American friends are way ahead of us in the assumptions they’ve made about the public interest, as well as in the tools at their disposal to make a success of this epic broadband venture. Continue reading

Rebooting basic services: hope for policy reform? (2)

turcke-crt-1

New ideas for policy reform from Bell

~~~

Update on other reactions to Turcke/Bell (1:10pm): Pete Nowak has his own biting critique in yesterday’s post – If VPN use is theft, then Bell’s CraveTV is extortion. And over at OpenMedia.ca, Josh Tabish has stirred up some really unfriendly reactions on Facebook about the whole fiasco – 181 315 and counting. (When I showed the FP article to my teenage daughter, her eye-rolling reaction was, OMG, as if using a VPN is hacking.)

As I suggested in my last post, some of the conclusions reached at the Rebooting conference will be echoed in the current CRTC proceeding on basic service objectivesDespite all the compelling reasons for reform, however, numerous barriers stand in the way. Some of those discussed at the conference will certainly play a continuing role in the broadband proceeding…

1 – No political will or vision. Short of improbable legislative change, we need something the Harper government is incapable of formulating: a national digital strategy. The CRTC suggested the need for a national strategy six years ago in its new media decision (2009-329, para 78). What we got from the Tories instead was a lousy marketing brochure. Even the opposition parties seem to regard our broadband future as unworthy of serious attention. Continue reading