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ISPs and Copyright Infringement: The Legal Battle Over Liability - Episode 618 of the Community Broadband Bits Podcast

In this episode of the podcast, Chris is joined by Professor Alfred Yen from Boston College Law School to discuss a pivotal case involving Cox Communications and copyright infringement. 

The conversation centers on whether Internet Service Providers (ISPs) should be held responsible when their subscribers engage in illegal downloading of music.

They explore the complex legal questions surrounding ISP liability, the potential consequences for smaller ISPs, and how this could reshape the relationship between copyright holders and service providers. 

Professor Yen provides insight into the impact this case could have on Internet users and ISPs, especially as the music industry seeks to make ISPs financially accountable for their subscribers' actions.

The episode also touches on broader concerns about how cutting off Internet access could affect critical services like healthcare and business operations, making this a pressing issue with far-reaching implications.

This show is 33 minutes long and can be played on this page or via Apple Podcasts or the tool of your choice using this feed.

Transcript below.

We want your feedback and suggestions for the show-please e-mail us or leave a comment below.

Listen to other episodes or view all episodes in our index. See other podcasts from the Institute for Local Self-Reliance.

Thanks to Arne Huseby for the music. The song is Warm Duck Shuffle and is licensed under a Creative Commons Attribution (3.0) license

Florida Designates $144 Million in ARPA Funds for 58 Broadband Projects

Florida’s state broadband office is doling out $144 million in grants to 58 different broadband expansion projects across 41 Florida counties.

The funding is being delivered courtesy of Florida’s Broadband Opportunity Grant Program, itself made possible by federal legislation—the American Rescue Plan Act (ARPA)— that many Florida lawmakers opposed.

The full breakdown of the deployments make it clear that, similarly to what we’ve seen in states like Montana, the lion’s share of state funding will be going to regional cable monopolies.

Roughly $89 million of Florida’s $144 million grant award will be going to the state’s three largest cable broadband providers: Cox, Comcast, and Charter. Comcast obtained $45 million, Charter was awarded approximately $28 million, and Cox was awarded $16 million. A more detailed breakdown of the awards obtained by Telecompetitor indicates that the vast majority of the projects are partnerships with cable giants.

IN OUR VIEW: City Cast Provides Good Lessons for Covering Broadband

City Cast Las Vegas recently aired back-to-back podcast episodes about Internet access in the region, "Why Does Our Internet Suck?" followed by "Who Can Fix Our Internet?" As an organization that both produces stories like that as well as stars on them, as our own Sean Gonsalves did in the first episode, we wanted to share why we think these are well done and should serve as good lessons for others covering these issues.

The interviewer, Dayvid Figler, is on point with questions and the show offers a concise description of the challenge and potential solutions. It turns out that Dayvid also worked as a trial lawyer though, so perhaps not many reporters will be able to simply summon that level of command to shape the conversation. Nonetheless, these two shows are wonderfully informative.

The first episode sets up the second, which is where I want to spend more time. Dayvid's questions help Sean explain what broadband is and why some neighborhoods are left behind - one of the more common questions we see on this subject. They discussed who owns existing networks and what fiber is and why we should care.

Dayvid lays the groundwork for the second show by asking why competition hasn't solved the problem of why people are frustrated with their Internet service and Sean explains that while there is no one-size-fits-all solution, the Institute for Local Self-Reliance believes communities need to take action to improve their service.

The second episode features Brian Mitchell, Director of the Nevada State Office of Science and Innovation. No relation to me, Christopher Mitchell, or my boss, Stacy Mitchell (none of us are related - there are just a lot of Mitchells, ok?).

Siloam Springs, Arkansas Is Weighing Its Options For Citywide Fiber Build

In 2012 the residents of Siloam Springs, Arkansas voted against building their own fiber network after some misleading electioneering by the regional cable monopoly Cox Communications. A decade later and local residents are still frustrated by high prices and a lack of competition, as city leaders are still contemplating what exactly they should try to do about it. 

In June, the city released a new report by Finley Engineering and CCG Consulting showing the width and depth of the city’s broadband issues. That report was formally presented at an August city meeting before the city’s recently-formed Broadband Advisory Committee.

Survey Said … 

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The survey showed that 11 percent of Siloam Springs residents still lack access to broadband, 77 percent of city residents want greater broadband competition, and 88 percent say they’re paying way too much for broadband service. While residents also complained about sluggish upload speeds and outages, the biggest consistent complaint was high prices. 

“The number one issue that came through loud and clear in the surveys is broadband pricing – practically every resident we heard from thinks current broadband is too expensive,” the study authors noted. 

Siloam Springs is heavily dominated by a duopoly of just two providers: Centurylink and Cox Communications. But even calling it a duopoly is generous; the city’s survey found that Cox enjoys a 92 percent broadband market share within city limits. The lack of competitive threat reduces any real incentive for the cable giant to lower prices or expand service. 

Yavapai County, Arizona Pushes Forward with $20 Million Broadband Expansion

Yavapai County, Arizona is pushing forward with a $20 million plan to shore up broadband access across the region. While dramatically scaled back from a $55 million proposal pushed last year, county leaders are hopeful that the effort still drives significant upgrades across the rugged and predominantly rural desert county.  

Last fall, Yavapai County officials announced they would be committing $20 million of the county’s $45.6 million in American Rescue Plan Act (ARPA) funds toward its Broadband Final Mile Initiative, a project spearheaded by the Yavapai County Education Service Agency (YCESA) and designed to bring affordable broadband to every student in Arizona.

The county issued an RFP last October looking for broadband providers willing to use ARPA funding to push symmetrical 100 Megabit per second (Mbps) connections further into rural regions. The expansion was to lean heavily on a 2018 Yavapai County decision to spend $3.7 million on a fiber-optic middle mile network connecting 74 schools and libraries.

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“The proposals have been reviewed and contracts have been awarded,” Yavapai County School Superintendent Tim Carter told ILSR in an update. “Cox Communications has been awarded the contract for Black Canyon City and Congress, and Altice USA has been awarded the contract for Mayer, the Beaver Creek area, Cornville, and Paulden.”

Cox and Altice Win Grant Awards 

Cox Looks to Head Off Municipal Network Competition in Rhode Island

Cox Communications recently grabbed headlines for an announcement that the company would be investing more than $120 million in Rhode Island to expand and upgrade its Internet infrastructure. But officials in the state say much of the planned deployments may not actually even be new. The announcement appears timed to ensure that public funds from the American Rescue Plan are shifted away from potential competitors (including local governments), and toward a regional monopoly long criticized for underinvestment in the state. 

“Historic Investment”

On March 15, the region’s dominant cable broadband provider announced a $120 million plan to provide 10 gigabit per second (Gbps) service to an unspecified number of  Rhode Island residents over the next three years. The coordinated press event and announcement took place at the Old Colony House in Newport mansion of Governor Dan McKee, who heralded the “historic investment.” 

According to Cox, $20 million of the announced total would fund fiber new deployments to roughly 35,000 homes in the Aquidneck Island communities of Newport, Portsmouth, Middletown, and Jamestown. The rest will focus on providing less-robust hybrid coaxial/fiber service to the rest of the state’s residents. 

“We’re preparing for the next generation of Internet use in home and in business,” Ross Nelson, Senior Vice President and Regional Manager for Cox Communications said. “We are committed to being the Internet provider customers can count on to have the speed they need now and in the future.”

But several state leaders, well familiar with cable and phone monopolies' long history of under-investment in the state, say the announcement was largely decorative, and doesn’t come close to actually meeting the needs of long-underserved local Rhode Island communities. 

“When you break down the $20 million among just those four communities over three years, it is $1.6 million,” Rhode Island Representative Deborah Ruggiero said in a press release of her own, calling the Cox announcement a “PR stunt.”

South Hampton Roads Issues RFP for Regional Open Access Fiber Ring

Hampton Roads, a metropolitan region bordering the Chesapeake Bay in southeastern Virginia, is known for its 17th century historical sites, shipyards crowded with naval aircraft carriers, and mile-long bridge tunnels. Home to 1.7 million Virginians, Hampton Roads is now looking to broaden avenues for economic development by leveraging existing transatlantic subsea broadband cables to transform the region into a technology-forward digital port. That’s why regional officials recently issued a Request for Proposal (RFP) seeking one or more private partner(s) to construct a regionally-owned 100-mile, open access fiber ring.

Private partners interested in responding to the RFP [pdf] must do so by August 24, 2021. Potential partners can decide to offer some or all of the project functions, choosing to: design, build, finance, operate, and/or maintain the regional fiber ring. (See instructions on how to respond to the RFP, as well as details on the selection process, under Section IV on Page 7.)

Five of the nine cities that make up the region colloquially referred to as “the 757” - Chesapeake, Norfolk, Portsmouth, Suffolk, and Virginia Beach - banded together to improve local fiber connectivity in 2018, forming the Southside Network Authority (the Authority). 

According to the Authority's RFP, the project was undertaken to resolve the broadband issues faced by the cities, including:

  • a need for more and more affordable internal connectivity for governmental operations

  • equity and affordability concerns in general as compared to similar metropolitan areas

  • a perceived lack of responsiveness by incumbent providers to the needs of the business community and economic development prospects

  • a relative lack of broadband infrastructure by comparison to comparable metropolitan areas

  • and concerns about the security and scalability of existing, privately-owned regional networks

Regional Impacts

ISPs Pledge Higher Speeds, No Data Caps, and Some Free Connections During Pandemic

In an effort to keep families connected as schools and workplaces close in response to the novel coronavirus, many Internet service providers (ISPs) are taking steps to make their services more accessible and functional for those of us who are staying home for the foreseeable future.

Some policies are being officially encouraged by the Federal Communications Commission (FCC) through Chairman Ajit Pai’s new Keep Americans Connected Pledge. By signing onto the pledge, providers agree to open Wi-Fi hotspots to the general public and to not disconnect or charge late fees to those struggling to pay bills due to the pandemic.

To ensure people have sufficient connectivity during the public health crisis, some ISPs are going beyond the pledge’s requirements by raising speeds, suspending data caps, and offering free Internet access to certain households.

While these efforts will not close all of the digital divides being exacerbated the pandemic, they are an important step toward mitigating the immediate impact on families and businesses.

Keep Americans Connected Pledge

FCC Chairman Pai announced the Keep Americans Connected Pledge last Friday, March 13. The pledge calls on ISPs to make Wi-Fi hotspots publicly accessible and to keep households and small businesses that are facing financial difficulties because of the pandemic connected over the next couple months.

How Will Broadband Networks Handle Quarantine Congestion? Mostly OK

As schools and businesses ask people to stay home to reduce the spread of Covid-19 coronavirus, I wanted to share some thoughts about how I expect broadband Internet access networks will handle the change and increase in broadband traffic in residential areas.

Our first reaction is that, as with so many areas with network effects, the rich will get richer. This is to say that historic inequities will be exacerbated — people that have been able to afford the high-quality networks will probably see very little disruption and those who have older networks may be effectively disconnected.

Better Network Scenarios

Those on fiber optic networks probably won't notice major changes in demand. This is the easy one it is why we have long believed that fiber optics should be the goal for the vast majority of Americans.

Most modern cable networks should be also able to handle the demand especially on the download end. This is good because 2 out of 3 Americans with broadband gets it from a cable network. Upgrades in recent years from the aggressive cable companies (Comcast Xfinity, Cox, and some of the many smaller cable networks — Charter Spectrum less so) should allow more than sufficient download capacity even if home video streaming increases significantly. But in smaller towns, where the local cable companies haven't been able to afford those upgrades and the bigger cable providers have just ignored them, I would expect to see intermittent and in some cases, persistent congestion problems from bottlenecks.

In the upstream direction, the cable networks will have some challenges. I wouldn't expect most Comcast or Cox markets to have too many problems, though neighborhoods with lots of professionals using video conferencing tools could congest. I would expect Charter Spectrum, Mediacom, and many of the others to have frequent congestion for upstream connections, lowering throughput extremely at times.

Ketchum Will Install Conduit Only; Cox's Role?

In Idaho, Ketchum appears to have abandoned its flirtation with a municipal fiber optic network, choosing instead to lay conduit as a way to encourage private investment. The decision is an interesting result that suggests incumbent Cox Communications has considerable power over local decision making.

Readers may recall how in May 2013 the local broadband advisory committee booted Cox representatives off the roster. Residents began to receive telephone calls which amounted to push polls from the incumbent cable provider; the then-Mayor would would have none of that. Even though communities leaders had not stated they were considering a municipal network, they were put off by Cox's underhanded approach.

Since then, the administration has changed and it appears this time Cox has successfully shanghaied the decision. Cox is back on the committee establishing a plan and pressing for the result we would expect. From a Mountain Express article:

Guy Cherp, vice president of operations for Cox Communications, was part of the strategic planning committee. He said the group concluded that the city should not become a public Internet provider, as the cost would be exorbitant and high bandwidth is not needed by most Wood River Valley businesses. Those who desire it, he said, can pay for private installation—and several local businesses do.

Ketchum’s Internet service is as good as it is anywhere, Cherp said—speaking to the 2013 Magellan report, which stated that traditional broadband users complained of inconsistent speed and reliability, as well as slower service during peak Internet times.

“The notion that Ketchum is lagging behind, we don’t see that,” he said.