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

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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)

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New ideas for policy reform from Bell

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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

Rebooting basic telecom services: hope for policy reform?

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The recent Rebooting conference in Ottawa was a terrific experience. Lots of people with lots of good ideas and the opportunity to debate them at length.

cbc_logo_1940_1958Oversimplifying a little, I would divide the conference participants into two general groups. The first and larger of the two was reform-minded, with many calling for serious changes, especially to the CRTC. The second group, while smaller, was just as eloquent in defending what I’d call the status quo. By that I mean maintaining or expanding subsidies for program production; a bigger role for the CBC; and measures explicitly designed to protect broadcasters with a view, among other things, to protecting jobs in the broadcast sector. This perspective tended to cast the socio-cultural objectives of the Broadcasting Act in a favorable light.

My six minutes of fame featured a half dozen reasons as to why there’s an urgent need to reboot the Broadcasting Act, and in particular to redraw the policy goals in section 3 from the ground up.

Why we need reform

1 – The 1991 Act is older than the Web. One simple argument for reform is chronological. The 1991 Act predates the Web by six months: the first publicly available Web page was posted on the Internet in August 1991. Worse still, most of section 3 is based on what became law in 1968 – 47 years ago! The main difference is that the current version is over three times longer and now refers to “programs” and “programming” 31 times. Continue reading

Broadband speeding up, broadcast TV slowing down?

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This morning brought news that the CRTC has launched a national broadband measurement initiative using the SamKnows platform (“The global leaders in broadband measurement“). The announcement comes hard on the heels of Michael Geist’s Tuesday post entitled Missing the Target: Why Does Canada Still Lack a Coherent Broadband Goal? Ironically, after his well taken lament, the Commission suddenly seems ready to answer Michael’s question – though not in the way some of us might like.

“The CRTC is recruiting up to 6,200 Canadians to help measure the Internet services provided by the participating ISPs. Volunteers will receive a device, called a “Whitebox”, that they will connect to their modem or router. The Whitebox will periodically measure broadband performance, testing a number of parameters associated with the broadband Internet connection, including download and upload speeds.”

On this Commission page, the visitor is offered some details, including how to sign up. In a discussion with some other folks today, there was agreement that the Commission is going to have to work hard to attract mainstreamers who have no technical background. To do so, the project team is going to have to take a more didactic approach, and give up self-congratulatory marketing lingo like a “world-class communication system.” Continue reading

CRTC’s code of conduct for TV providers: too little, too late?

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The CRTC is moving ahead with its Code of Conduct for TV service providers (TVSPs). The Code was initially announced on March 26, as a by-product of the Let’s Talk TV proceeding (Broadcasting Notice of Consultation CRTC 2015-105). Now, in its best populist spirit, the Commission is asking for public comment on its TV Code:

“Canadians sent us a strong message that they were encountering problems with their television service providers. The CRTC is acting on these comments and has prepared a draft version of a TV Code that reflects what Canadians told us. I invite them to take an active part in the discussions. Now is the time to shape your TV Code.”–CRTC Chair JP Blais, May 12, 2015 (emphasis original)

Less consulting, more research

The Commission may have the substance right, but it has the timing and execution all wrong. The idea that TVSPs provide lousy service isn’t exactly new. Much of the evidence has been anecdotal. A public consultation, however, will not make up for that shortcoming. Worse still, the idea of holding this public consultation arose from the earlier public consultation that was part of Let’s Talk TV. They’re breeding. Continue reading

It’s 2015: Cancon is the aberration, not VPNs or the Internet

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WiTopia is a provider of personal VPN services

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In a Globe and Mail piece last Friday, Kate Taylor starts off by asking the wrong question: Digital content may be cheap, but who will pay to create it? Things go downhill from there.

Ms Taylor’s old-fashioned apology for Cancon, with its predictable sideswipes at “freeriding” Netflix and marauding pirates, is based on ideology rather than evidence. It completely misconstrues the role of security tools like VPNs, at a time when Canadians should be far more concerned about their privacy and security online than about shelf space on the network for domestic TV shows. Most of all, it treats the Internet like a cultural and economic aberration that’s ruining our TV system, when the aberration is Canada’s bizarre and unworkable framework for broadcasting.

Virtual private networks and why you need one

What the article says about VPNs:

“The latest scheme is to use a virtual private network, or VPN, to trick Netflix into believing you are located in the United States and can thus subscribe to the video-streaming service’s American catalogue….

Internet advocates love to preach choice, diversity and freedom – after all, a VPN can also be used by citizens in China to access content censored by their government.”

A VPN is specialized client software that encrypts online messages, and is said metaphorically to “tunnel” through the public Internet. It’s a “virtual” network because there’s no real tunnel or separate physical network. Your data packets are still co-mingling with other people’s packets, but only you and folks with the authentication tools – like a password – can read those packets. The VPN is said to be private for exactly that reason, like an office behind a locked door. Continue reading

Now playing at the CRTC: your precarious future on the Internet (2)

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In this post, I follow up on my comments about the first day of the CRTC’s hearing to review its framework for wholesale services in the telecom industry. Since the most significant sector to be affected is Canada’s residential broadband service, I’m summarizing evidence here that was compiled recently by the Open Technology Institute (OTI) that compares broadband in 24 cities in Europe, East Asia and the US, along with Toronto. This evidence is consistent with findings from other international studies. It shows Toronto lags far behind the broadband leaders in available speeds; in the penetration of fiberoptic platforms; in symmetric connectivity (uplink bandwidth matches downlink bandwidth); and, most seriously from a social policy perspective, in the high prices Torontonians are forced to pay. I take this evidence as a strong argument in favor of maintaining and extending the regulatory regime that ensures open access to networks for smaller, competitive ISPs – including not just legacy platforms like DSL, but also emerging fiber platforms. Unless the CRTC includes these next-generation platforms, Canada will fall even further behind in its long slide into slow and expensive broadband connectivity.

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“We are now ready to take our place as the most technologically advanced nation on the planet.” –Stephen Harper, Digital Canada 150, April 2014

Last month the Open Technology Institute released the third in a series of annual studies of broadband speeds and prices in 24 cities in the US, East Asia and Europe, plus Toronto (originally 22 cities). I wrote about OTI’s first report back in November 2012 (CRTC’s 2nd pro-consumer decree: 4 reasons not to celebrate); and I had comments a year later about the second report (Broadband data for Toronto: more bad news and getting worse). Continue reading

Now playing at the CRTC: your precarious future on the Internet

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If the Competition Bureau is too short of “facts” on Canadian broadband to advise regulation, as it told the CRTC, here’s a start (source: Open Technology Institute).

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THIS week’s CRTC hearing, launched in October 2013, will cover the changing market in Canada for wholesale wireline telecommunications services, including Internet access. The Commission is hearing arguments as to whether any of its existing policies on wireline services should be eliminated or updated. The biggest bone of contention will involve the treatment of fiberoptic delivery platforms. New entrant ISPs want the Commission to guarantee wholesale access to these next-generation platforms. Deciding in their favor would be an important barometer of the health of Canadian broadband, but that goal is far from a sure thing. Meanwhile, recent data on broadband in 24 cities around the globe, compiled by the Open Technology Institute (OTI), shows once again how terrible the prices and speeds are here in Toronto.

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In my previous post on Barack Obama’s stunning pronouncement on open Internet policy, I misrepresented what the CRTC is up to these days. I claimed the CRTC is fiddling over the fate of broadcast television with few signs it’s prepared to address the much more important problems of broadband availability, high prices, slow speeds and unaccountable service.”

Not exactly. First, the CRTC recently finished a proceeding on the wholesale market for mobile wireless services. Second, this week features the hearings phase of a proceeding launched in the fall of 2013 that tackles many of the same policy problems on the wireline side. While the scope is all wholesale telecomm services, what really counts here is the Internet access market.

Thanks to the usual tumultuous changes in technology, markets and business models, the Commission has set itself an obscure but potentially far-reaching task (Telecom Notice of Consultation CRTC 2013-551, pdf uploaded here):

“The Commission initiates a proceeding to review the regulatory status of wholesale services and their associated policies, including the wholesale services framework, wholesale service pricing, and the appropriateness of mandating new wholesale services, including fibre-to-the-premises facilities. The purpose of wholesale services is to facilitate competition in retail markets to provide Canadians with increased choice.”

Why the CRTC regulates wholesale Internet access

It may not be clear as to why wholesale services should exist to make retail markets competitive. (Ironically, one of the least convincing arguments made by the incumbents during the wholesale wireless proceeding was that the wholesale arrangements they make with the smaller carriers like Wind have no effect on the health of the retail market for wireless.) Continue reading