“Neutrality” ruckus prompts FCC inquiry on broadband and congestion

netneutrality_modern_template_pure_svg.svg

“We can’t have a situation in which the corporate duopoly dictates the future of the Internet and that’s why I’m supporting what’s called net neutrality.” — Barack Obama, podcast, June 2006

~~~

[June 19: So much for pruning – added 300 words in corrections and background.]

On Friday, June 13, FCC Chairman Tom Wheeler made a short but dramatic statement headlined Broadband Consumers and Internet Congestion. Though barely 450 words long and presented outside any formal setting, Wheeler’s reaction to the public hue and cry over the reliability of retail broadband in the US marks an important step forward for end-user welfare. His announcement puts the lie to the vehement criticisms levelled at him about his betrayal of the Open Internet concept (the FCC’s term of art for net neutrality).

Many of his critics also assumed that the Wheeler FCC would never look into paid peering arrangements – well, they actually said they wouldn’t (“… the rules we propose today reflect the scope of the 2010 Open Internet Order, which applied to broadband provider conduct within its own network.” NPRM, fn 113 – pdf uploaded here). That is what Wheeler has now directed Commission staff to do (request “information from ISPs and content providers”).

While the American public are clearly confused by the net neutrality debate, and for good reason, many ISP subscribers have begun to question whether they’re getting the broadband they’re paying for – whatever the underlying business and technical issues may be. Excerpts from Wheeler’s statement follow (the full pdf is uploaded here):

“For some time now we have been talking about protecting Internet consumers. At the heart of this is whether Internet Service Providers (ISPs) that provide connectivity in the final mile to the home can advantage or disadvantage content providers, and therefore advantage or disadvantage consumers. … 

“Consumers must get what they pay for. As the consumer’s representative we need to know what is going on. I have therefore directed the Commission staff to obtain the information we need to understand precisely what is happening in order to understand whether consumers are being harmed. … 

“The bottom line is that consumers need to understand what is occurring when the Internet service they’ve paid for does not adequately deliver the content they desire, especially content they’ve also paid for. In this instance, it is about what happens where the ISP connects to the Internet. It’s important that we know – and that consumers know.” 

highway-401-congestion

***

Continue reading

Klass complaint to CRTC on Bell’s Mobile TV winds up – for now

cell-tower-2

Subject: Part 1 application by Benjamin Klass requesting the fair treatment of Internet services by Bell Mobility (Klass application) and Part 1 Applications by CAC-COSCO-PIAC regarding Rogers’ Anyplace TV service and Vidéotron’s Illico.tv Service (CRTC files 8622-B92 201316646, 8622-P8-201400142 and 8622-P8-201400134). 

~~~

Yesterday was the deadline for final reply comments on the Part 1 Application filed last November by Ben Klass. I wrote several posts on Ben’s initiative, starting with this one on November 24, 2013. My second and final submission is pasted in below (with a few copy edits; paragraph numbers remain).

The case brought by Ben is a good opportunity for the Commission to see how its ex-post regime for handling ISP and WSP misdeeds is working. Thus, while I hope the Commission gives Ben his due, I also hope it takes a long hard look at the bigger picture, i.e. the status of the mobile TV services operated by both Rogers (RAP-TV) and Vidéotron (illico mobile), in addition to Bell’s Mobile TV. Continue reading

CRTC demands answers from Bell on its Mobile TV shellgame

mirko-bibic-1Bell’s CRTC whisperer, Mirko Bibic, got bent out of shape when he saw the CRTC’s annoying interrogatories Friday morning

~~~

Today saw another encouraging step in the CRTC’s management of the Ben Klass Part 1 application on Bell’s Mobile TV service. You can get the backstory in my prior posts (first one was in November) and from Ben’s blog, among other places.

That step was the interrogatories sent to Bell officials, asking for detailed information on Bell’s network architecture, subscriber invoicing, content exclusivity and competition, among other things. I’ve pasted in all 10 of the Commission’s questions below. A couple of comments in the meantime…

bell-mobileTVimageFirst off, the language of the questions demonstrates that the Commission is taking Ben’s application to heart, and that it sees a prima facie case against Bell for violating telecom rules. On one crucial point, whether Mobile TV is simply a broadcasting service as Bell claims, the Commission staff want to hear an explanation of the “inconsistency” in Bell’s statements on this matter – as well as of “how a data service that uses the Internet is not a telecommunications service” (yes, Bell argues that its quacking duck ain’t no water fowl no how). Continue reading

European Parliament votes 534 to 25 for network neutrality

net-fucked-not-2

~~~

Here in Canada, our idea of a free and open Internet is being held hostage by the CRTC. Its TV Talks consultation makes it very clear that a non-discriminatory Internet is going to continue to play backseat to our quaint, moribund notion of TV culture – which Ottawa thinks is still holding the country together from sea to shining sea.

In a far more vociferous debate on net neutrality, the US open Internet community has been pitted against the outré posturings of many Republicans, who want their government to stay in the business of regulating the Internet through ICANN, but condemn the FCC’s latest attempt to revive its Open Internet Order as a form of censorship, an innovation killer and a solution in search of a problem. The Republicans have ingeniously, and disingenuously, co-opted the the whole notion of a free and open Internet in their current lingo, while winning headline battles by turning every attempt to protect innovation, free speech and access to bandwidth as part of the unspeakable idea of… gasp, regulating the Internet!

PilardelCastilloVera-1Meanwhile, earlier today, the European Parliament voted by an overwhelming majority to pass the report tabled by member Pilar del Castillo Vera of Spain that outlines a strong, unambiguous framework for protecting EU citizens from unwarranted discrimination on the Internet. The European support for net neutrality, which may still wait months for endorsement by member nations, is dripping with irony. (The release page is here, excerpt below.) Continue reading

Intervening in support of Ben Klass complaint on Bell Mobile TV

 bell-heads-ringing-2

Last Wednesday was the deadline for followup comments on Ben’s Part 1 application, more accurately described as a complaint. In the text below you’ll find the main body of my intervention, minus the top and tail. I wrote about Ben’s original filing back in November: Ben Klass asks CRTC to stop Bell’s deliquency on Mobile TV. As of today, Ben’s current filing hasn’t yet shown up on the Commission’s site: I’ve uploaded it here. Of the other interventions filed this past week, two were especially critical of what Bell is being allowed to get away with. Teresa Murphy starts her comments by suggesting that Bell’s whole argument is founded on a phony distinction (para 2: her pdf is uploaded here):

It makes no sense whatsoever to treat competing services differently when the underlying technology and distribution method is the same. This is allowing vertically integrated companies to behave by one set of rules, and allowing them to treat their competitors differently, and frankly unfairly.

Continue reading

The Internet in 2025: 12 reasons to fear our online future (Pew 5)

patel-theverge-internet-is-fuckedBe very afraid: see Nilay Patel’s hard-hitting post in The Verge last week

~~~

The trends are mostly about fragmentation

Or at least the triumph of depth of experience over outreach and a sense of commonality.

This is the 5th and last of my responses from the 2013-14 edition of the Pew/Elon experts survey on the future of the Internet. I only answered 5 of this year’s 8 questions; my four prior responses are these:

The final Pew question was the only one described as open-ended, i.e. it did not begin with the usual Yes/No binary choice. By the time I was done writing my relatively short response, I was seriously depressed. As Free Press president Craig Aaron said to The Verge’s Nilay Patel: “What we need right now is decisive action. We can still unfuck the Internet.” Sure, but where’s decisive action going to come from? The FCC? The CRTC? Questions for another time. Continue reading

Court vacates FCC’s Open Internet Order, echoing Klass vs Bell

platform-notice-2

[Correction added on AT&T sponsored data]

It’s shaping up to be a tough year for network neutrailty.

verizon-faceIn its disposition of Verizon v FCC, the U.S. Court of Appeals for the District of Columbia ruled yesterday that the FCC’s Open Internet Order is mostly null and void. Not because of the substance of the debate – that end-users need to be protected from the incumbent ISPs – but because of a jurisdictional flaw. The case was brought by Verizon, which now that they’ve more or less won, is saying they actually support an open Internet. When you read the policy blog post in question (“Verizon reiterates its commitment to the open Internet“), you have to marvel at Verizon’s capacity for managing self-contradiction. Continue reading

Ben Klass asks CRTC to stop Bell’s deliquency on Mobile TV

7036-bright-station-3a

Detail from roof of Brighton train station (rotated) – Aug 2013

~~~~

Bell welcomes any competitor, but they should compete on a level playing field.” — George Cope, BCE/Bell Canada, August 2013

“I provide evidence [below] in support of the assertion that Bell gives itself undue preference. It does so by applying an application-specific economic Internet traffic management practice (ITMP) to its Mobile TV service, causing unreasonable disadvantage to competitors and harming consumer choice.” — Ben Klass, CRTC Part 1 Application, November 20, 2013 

~~~

November 25: I’ve added a number of edits and corrections to the running text below. My thanks to Ben Klass, J-F Mezei and Juris Silkans for their helpful suggestions.

Nov.25 – update #2. A formal request has come in already asking the Commission to transform Ben’s application into a full-blown public proceeding that would include a review of ITMPs put in place by both Rogers and Vidéotron, which apparently have the same idea as Bell about what’s meant by a “level” playing field. The request is from PIAC, the Public Interest Advocacy Centre. I’ve uploaded a zipped folder with both PIAC’s letter and Ben’s reply here.

level-field-2

This post is divided into two main parts (which may not be obvious to the untrained eye). Down to but not including Key elements of Ben’s complaint, you’ll find 3 sections: a) discussion of Ben’s application in general terms; b) an analogy based on the metered taxi cab as a familiar way to illustrate why Bell can’t treat different kinds of traffic differently to give itself a commercial advantage over competitors; and c) a bemoaning of the sad truth that very few people can bring themselves to care about this wonkish stuff, mostly because it’s so freaking hard to understand.

The second half – Key elements of Ben’s complaint – looks at his filing from the perspective of four underlying regulatory concepts. I have a dual purpose here: to clarify some of the muddier aspects of this process; and to talk a little about some of the past history and how we got to this juncture. The four concepts are:

  • a Part 1 Application
  • a new media broadcasting undertaking (NMBU)
  • data (or bit) caps
  • Internet traffic management practices (ITMPs)

These are all mentioned on the first page of Ben’s document. If you don’t know what he means by an “application-specific economic Internet traffic management practice,” you may find a glossary helpful.

Ben Klass is back and this time he means it

ben-klass-nov21-3Last August, Ben grabbed some well-deserved attention with the open letter he addressed to Bell CEO George Cope. In his “I am Canadian” piece, Ben debunked point after absurd point in Cope’s post, which ran on the Bell site under the title “An open letter to all Canadians.” Cope was delivering another salvo in the incumbents’ wacky wireless war against the Harper government and its outrageous idea they should let Verizon enter our market to compete with the Big Three.

For all its merits, Ben’s open letter was an irritant Cope could afford to ignore with impunity (I don’t imagine folks in Bell’s C-suite have been working on their sense of irony since August; and funny how whenever an incumbent CEO insists on a level playing field, you can be darn sure he means exactly the opposite). But that was then, this is now, and Ben has turned up the heat on Bell, way up. Continue reading