Today, the FCC is poised to pass a half-ass attempt to preserve the open Internet against the interests of massive gatekeepers like AT&T and Comcast. Tim Karr rightly calls it Obama's "Mission Accomplished" moment. Fortunately, the likely result will be a couple of years in the courts before the rule is thrown out because the FCC has not properly ground its half-ass actions in any authority it has received from Congress. Perhaps when the FCC next has to deal with this, we'll have an FCC Chairperson with a backbone and a stronger interest in what is best for hundreds of millions of Americans than what is best for AT&T and a few other corporations. The FCC and supporters of this let's-keep-the-Internet-partly-open "compromise" will lump all critics as being extremist looneys. (Okay, the Republicans who oppose this might fit that description as they are literally making things up or totally confused about what is being decided). But let's look at the crazy looney rhetoric of FCC Chair Genachowski last year:

Genachowski proposed that the FCC formalize its four principles of network openness. To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled:

• to access the lawful Internet content of their choice.
• to run applications and use services of their choice, subject to the needs of law enforcement.
• to connect their choice of legal devices that do not harm the network.
• to competition among network providers, application and service providers, and content providers.

To these, Genachowski proposed adding two more: The first would prevent Internet access providers from discriminating against particular Internet content or applications, while allowing for reasonable network management.

Whenever the discussion of Network Neutrality comes up, we like to remind everyone that when the network is locally owned and accountable to the community, anti-subscriber discrimination is not a problem. That said, we are strong supporters of proper safeguards to ensure massive companies like AT&T cannot abuse their market power and discourage innovation. As the FCC prepares to discuss a half measure to preserve parts of the open Internet, a number of us have been frustrated that while we cannot read the proposal, AT&T appears to be helping write it. Karl Bode's take:

[T]he question shouldn't be whether or not consumers can now view a neutrality proposal after it was hashed out in private meetings (predominately with only the largest, wealthiest carriers), it should be: why weren't consumers absolutely integral in crafting it? AT&T has met with the FCC half a dozen times in the course of three weeks and likely knows precisely what's in this plan -- do you?

We've written to FCC Commissioners to make it clear that they must not compromise on the future of the open Internet. You should too. Photo used under Creative Commons license from AdamWillis.

One of the key differences between community owned networks and those driven by profit is customer service. Community-driven providers spend more and create more jobs in the community to ensure subscribers' needs are met. The massive private companies instead choose to outsource the jobs to call centers (sometimes in the U.S., sometimes outside) in order to cut costs (and jobs - see the report from the Media and Democracy Coalition). We've seen a few examples of the big carrier approach in this arena - as when Cablevision billed apartment residents $500 after a fire for the DVR that was consumed in the blaze... stay classy, Cablevision. Another difference between community networks and the big carriers is that big carriers see little reason to upgrade their anemic networks to ensure communities remain competitive in the digital age. As Free Press has long documented [pdf] big companies like AT&T have been investing less in recent years as the U.S. has continued falling in international broadband rankings. Up here in Minnesota, Qwest has invested in FTTN - what they call fiber-to-the-node. We call it Fiber-to-the-Nowhere. For those who happen to live very close to the node, they get slightly faster DSL speeds that are still vastly asymmetrical. Meanwhile, Qwest has branded this modest improvement for some as "fiber-optic fast" and "heavy duty (HD)" Internet, misleading customers into thinking they are actually going to get faster speeds than Comcast's DOCSIS 3. Much as I hate to praise the middling DOCSIS 3 upgrade, it certainly offers a better experience than any real results we have seen with Qwest. But as we carefully documented in this report, community networks offer more for less. Two friends recently moved to Qwest. One, J, was convinced by a Qwest salesperson that Qwest would be much faster so he signed up for a 20Mbps down package.

Yet another town has decided to take responsibility for their broadband future: a small Florida community has secured financing and is moving forward with their publicly owned FTTH network.

The City Council voted unanimously Monday night to approve the $7.3 million in funding with Regions Bank in Orlando. City Manager Lisa Algiere told the council members the city would be doing most of its business with the local Regions Bank. The funding will come in the form of three bonds: a series 2010A Bond, which is good for 20 years and has an interest rate of 3.61 percent; the second bond is a Series 2010B Bond and is for five years with an annual interest rate of 3.20 percent; while the third bond is a Series 2010C Bond and is good for one year. The funding secured by the city is a drawdown loan, meaning it will only take what it needs and only repay that portion.

The network has been branded Greenlight (though the website is not yet fully functional). Greenlight is also the name used by the Community Fiber Network in Wilson, North Carolina. Light Reading interviewed a network employee, shedding more details than have been released elsewhere. He says they are passing 7,000 premises, but Wikipedia only notes a population of 2,000 in 2004, so there is more than meets the eye at first glance. They financed the network without using general obligation bonds, working with a nearby bank (Regions is a big bank, headquartered out of state). Local competitors are AT&T and Comcast, though both offer extremely slow services; the fastest downstream speed available from Comcast is 6Mbps. The new network, as do nearly all recent community fiber networks, will offer much faster connections, the slowest being 10Mbps.

The Media and Democracy Coalition has released a short paper detailing the many ways in which cable and phone companies have failed America. These companies use their market power to gouge residents and businesses, putting a drag on our economy. Meanwhile, the biggest ones are massively profitable and refuse to invest in the networks necessary to keep America competitive with peer nations. We recently wrote about how privately owned networks tend to consolidate and reduce competition rather than reducing prices. The lesson is as clear as it has always been throughout human history: allowing a select few to control essential infrastructure is a recipe for economic calamity. From the paper:

It’s good for our economy when companies make money and hire workers. But while small businesses continue to struggle in this economy, the cable and phone companies achieved extremely healthy profit margins. If the Great Recession didn’t stop these ISPs from making big profits, how could they be hurt by sensible consumer protections to keep the net operating just like it always has?

Well, seeing as how seat belts destroyed the automobile industry... and then air bags also destroyed the automobile industry... and CAFE standards destroyed the automobile industry.... wait -- all of these predictions were false. Perhaps we should not base important policy decisions upon the dire predictions of self-interested parties who are obligated to put self-interest ahead of the public interest. I was saddened to see that the paper suggest "we need" the private companies to build these networks. Point of fact, not only do we not "need" them to do it, we "need" to wake up to the fact that even when they do the best they can, it is second best to networks built by those who put the public interest first. Compare the networks of communities like Salisbury, NC; Monticello, MN; Lafayette, LA; and Chattanooga, TN, to the joke AT&T calls U-Verse and the stronger offers of FiOS. The private sector cannot be trusted to build the infrastructure we need. Addendum: I should note that while infrastructure must be managed in the public interest, I do believe the private sector should have a strong role as service providers operating on top of an open access platform.

Ars Technica is running another fascinating history piece -- Matthew Lasar's "Who 'ruled the air' in 1910? (and who rules it now?)" article looks back at the beginning of bigness in telecom. Reading about the supposed benefits from bigness, I wouldn't help but reflect on my recent frustrations with the big carriers. Big carriers are poorly disposed to building the infrastructure our communities need.

The University of Wisconsin System is involved in a broadband stimulus project to expand fast and affordable broadband access to key community institutions. Just as they have in similar projects around the country, massive companies like AT&T are trying to derail any potential competition to their services. From the Cap Times, "Surf and turf: Telecom industry protests UW-Extension broadband plan:"

The angst is over nearly $30 million that was awarded to build more than 600 miles of fiber optic cable that will bring high-capacity broadband connections to a range of key public entities and health care providers in the four communities, each of which has indicated a desire for more reliable broadband service and, not coincidentally, has a UW campus. This project’s budget is nearly $43 million when one adds in funds contributed from groups that will benefit from the infrastructure upgrade in each community. … [T]hose backing the undertaking argue it will bring faster and more reliable Internet service to public safety agencies, health care providers, schools and community organizations in Platteville, Superior, Wausau and the Chippewa Valley (Eau Claire) area.

Private telecom companies (led by AT&T) are protesting the project with a rejoinder we commonly hear in these issues:

Bill Esbeck, the executive director of the Wisconsin State Telecommunications Association, argues the project will duplicate an existing network and take revenues out of the pockets of local Internet providers. The group is asking for a state review of the plan and is considering legal action, says Esbeck.

Interestingly, both sides are mostly right. The public safety, health care, and educational institutions will see faster, more reliable, and less expensive broadband. Private existing providers (mostly AT&T), will lose some revenues. Of course, those lost revenues would have come from the tax base in the form of local governments having to greatly overpay for telecom services. The fiscally responsible path for local governments is to build and own (perhaps operate if they wish) their own broadband networks rather than leasing overpriced services from carriers like AT&T.

The nation's newest community fiber network (FTTH) is launching in Salisbury, North Carolina, in the next month. Fibrant, a $29 million project financing by general obligation bonds, is slightly behind schedule but way ahead of the cable and DSL competition. The City Council has approved the network's pricing in anticipation of hooking up customers in October. Some 70 people have been testing the network, but it will soon be available to everyone in the community. The basic tier of broadband speeds is 15Mbps and they have a second tier at 25 Mbps. The network is capable of much faster speeds but these are the tiers they will start with, making them the fastest basic tier available in North Carolina. They are offering over 460 television channels, of which 100 are HD. HD quality over fiber-optics tends to be the highest quality viewing experience (though not everyone can tell, depending on their level of obsession with picture quality) but the first year or so of video service on Fibrant may suffer from occasional problems as they iron out the quirks of the new system. Reports of the broadband and voice services are tremendously positive. They have made it clear that they cannot get into a price war with incumbents (Time Warner Cable and AT&T) and cannot beat the "promo" prices these companies offer for the first x months. However, Fibrant's rates are 7-10% lower than the regular rates of the incumbents and will come with local, superior, customer service. Big companies like Time Warner Cable often claim they are at a disadvantage relative to these municipalities but the reality is that the massive scale of national cable and phone companies give them many more advantages to offer lower prices for their services (which tend to also be lower in quality).

“If you get deal you can’t refuse from someone else, just thank Fibrant for it because you wouldn’t have gotten it if we hadn’t been here,” Clark [Fibrant Marketing Director] said.

Fibrant aims for a 30% take rate (4400 subscribers) by the end of year 3 and a positive cash flow in year 4. Pricing and channels lineups are available at the end of this Salisbury Post article.

Connected Nation and the utter lack of accurate maps depicting broadband options and metrics in this country reminded me of possibly my favorite comedian. George Carlin had a great routine about airlines and the safety speech given by flight attendants. In it, he has a throw-away line that continues to rattle around my head:

The safety lecture continues... "In the unlikely event…" This is a very suspect phrase! Especially, coming as it does, from an industry that is willing to lie about arrival and departure times!

After reading Larry Press' account of ordering DSL from Verizon, I couldn't help but wish George Carlin were still with us and also a giant broadband geek. Larry Press' account on dealing with Verizon should be read in full, but this is what got me thinking:

Last week I ordered 7 mbps service from Verizon, but, after they switched it on, I was only getting about 1.5 mbps. I assume there were tons of retransmission errors due to an overly aggressive modulation scheme. When I called to complain, a Verizon "technician" kept me on the phone … [and finally] got his bosses permission to schedule a "truck roll" to come to my house and fix the problem. The minute the driver arrived, he told me that, at 9,000 feet from my central office, there was no way I was going to get 7 mbps.

We have long known that Verizon and similar companies are similarly willing to lie about their available broadband speeds (yah, I know, I'm no Carlin). As I recently testified in a MN House hearing, the Connected Nation maps systematically overstate available broadband (particularly for DSL). And of course they do - Verizon doesn't even know what it can achieve at each premises (thought it damn well should know what it cannot offer 9,000 feet from the DSLAM). The dumb question is: Does Verizon actually maintain a database of what it could really offer, in real world conditions, to each house (or what speeds are actually achieved when they take service).