Verizon exec: We'll continue to invest in FiOS and mobile wireless under Title II common carrier regulation

Verizon: Actually, strong net neutrality rules won’t affect our network investment - The Washington Post: Francis J. Shammo - EVP and CFO I mean to be real clear, I mean this does not influence the way we invest. I mean we're going to continue to invest in our networks and our platforms, both in Wireless and Wireline FiOS and where we need to. So nothing will influence that. I mean if you think about it, look, I mean we were born out of a highly regulated company, so we know how this operates. But related to this discussion around Net Neutrality, the FCC has the right to regulate under 765, they do not need to go to Title II, and why would you go to a 1930 piece of literature to try to regulate something that is a 21st-century technology.

This is newsworthly insofar as it signals that Verizon intends to end its 3-year-old moratorium on new fiber to the premise infrastructure CAPEX, even if the U.S. Federal Communications Commission (FCC) subjects Internet service providers to common carrier regulation under Title II of the Communications Act.

A common carrier mandate that providers serve all customers without discrimination would bar Verizon and other Internet service providers from their current practice of redlining neighborhoods and streets within their service territories. Under Title II, they'd have to invest in upgrading and building out their infrastructures to serve these areas, but on a faster schedule than they would like. That's why Verizon and other legacy incumbents plan to attempt to delay the mandate by taking the FCC to court if it adopts a Title II common carrier regulatory regime.

As to Shammo's reference to the 1930s when the Communications Act was first enacted, the law's common carrier requirements brought all Americans telephone service in the 20th century. There's nothing outdated about the principle of universal telecommunications service. It only needs updating to encompass IP-enabled telecommunications services in the 21st century.

Title II common carrier regulation would be problematic for Google Fiber

If the U.S. Federal Communications Commission takes President Obama's advice and decides to impose Title II Common Carrier regulation on the Internet (and thereby mandate Internet service providers serve all premises in their service areas), it would throw a monkey wrench not only in the business models of legacy incumbent telephone and cable companies that are based on serving only selected neighborhoods, but that of Google Fiber as well.

Christopher Mitchell of Institute for Local Self-Reliance opines in this piece on Google Fiber in The Kernel suggesting that Google's walled garden strategy is actually reinforcing the digital divide that plagues much of the United States.

“Google is popularizing the idea of building essential infrastructure with a market-driven approach. We don’t build roads like that—if we did, there’d be no roads in rural areas. We don’t build electricity like that—if we did, our economy could be far weaker. We recognize that those things are essential infrastructure.”

Incumbent telcos warn feds: Let us have our way, or the consumer gets it

New Study Projects Investment Declines under Title II | USTelecom

Incumbent telephone companies have warned the U.S. Federal Communications Commission (and indirectly, the Obama administration) that they will tie up in the courts for years any move to regulate Internet services as a Title II common carrier telecommunications service available to all customer premises without discrimination.

Now they are citing a study to back up their threat that they will also significantly pare back construction of new infrastructure. In other words, if you don't let us pick and choose which neighborhoods we want to serve, we'll leave the 19 million premises the FCC estimates are not served by landline Internet service twisting in the wind. Ditto those on increasingly obsolete, legacy DSL service provided over aging copper cables.

That's monopolist speak for if you don't leave us alone, the consumer gets it.

How high cost telecom subsidies might work if Title II common carrier regulation was “Obamacare for the Internet”

President Obama’s call this week to the U.S. Federal Communications Commission to regulate Internet service providers as common carrier telecommunications providers provoked Sen. Ted Cruz of Texas to disapprovingly dub it “Obamacare for the Internet.”

A political shot to be sure. But what if the high cost of building fiber to the premise infrastructure to all American homes and businesses were subsidized using tax credits such as those used to make individual health insurance more affordable to low and moderate income households under the Patient Protection and Affordable Care Act?

Instead of directly subsidizing Internet providers to build infrastructure in high cost areas using the FCC’s Connect America Fund – which many providers have spurned or only selectively accessed – customers in high cost areas would receive the subsidies and not providers.

Providers would be able to charge higher rates (not based on bandwidth use or connection speeds) for fiber connections to homes and businesses in high cost areas. Owners of these properties could then use the telecom tax credits to offset the higher cost of getting them connected.

That would create incentive for these premises to get online while also reducing the business risk of the current subscription-based models that are heavily dependent on how many customer premises sign up for service and which act to inhibit infrastructure construction in higher cost areas of the nation.

What do you think? Share your comments.

Common carrier universal service obligation -- not net neutrality – primary reason for incumbent telephone and cableco opposition to FCC Title II enforcement

Threats by the legacy incumbent telephone and cable companies to sue the U.S. Federal Communications Commission if it acts to enforce Title II of the Communications Act aren’t solely motivated by net neutrality. President Obama and other net neutrality supporters look to enforcement of Section 202 of the statute that bars “discrimination in charges, practices, classifications, regulations, facilities, or services...” Net neutrality supporters maintain enforcement of this provision will prohibit telephone and cable companies (and other ISPs) from creating “fast lanes” to speed traffic from users like Netflix to its subscribers. They also argue enforcement would similarly bar ISPs from charging consumers more to access selected websites, for example.

The primary reason the big incumbents are gearing up for possible litigation against the federal government isn’t net neutrality. Rather, it’s two words in Title II: common carrier. The incumbents don’t want to be classified as common carriers. Why not? Because Section 254(b) of the Communications Act requires common carriers to provide access to advanced telecommunications and information services (i.e. Internet service) in all regions of the nation. Section 202 of the law also contains an anti-redlining provision barring providers from discriminating against localities in providing service. That means they’d have to serve all premises in their service territories and not just selected neighborhoods, roads and streets. That would obligate the incumbents to invest billions to connect the approximately one in five premises they have opted to leave unconnected to the Internet.

That doesn’t jibe with their business models because those customers tend to be located in less densely populated areas that are less likely to generate a quick return on the investment in infrastructure needed to serve them. In addition, Section 214(e)(3) empowers the FCC to "determine which common carrier or carriers are best able to provide such service to the requesting unserved community or portion thereof and shall order such carrier or carriers to provide such service for that unserved community or portion thereof."

It could be the policy environment on Internet regulation has reached a tipping point. Oftentimes it takes just a single, well publicized incident to create the final push toward change. The previous post on the sad plight of an upstate New York family being asked to pay more than $20,000 to get their home connected to the Internet might be one of those proverbial straws that brought us to that point

CNY man says Time Warner Cable wants to charge $20,000 for broadband Internet | syracuse.com

CNY man says Time Warner Cable wants to charge $20,000 for broadband Internet | syracuse.com: Think your cable and Internet bill is too high? Jesse Walser might disagree with you.

Walser, who lives about 20 miles outside of Syracuse in the rural town of Pompey, told Ars Technica that Time Warner Cable wants to charge him more than $20,000 to hook him up with broadband Internet. What baffles him is that he can see TWC lines from his house, just 0.32 miles from the road.

"I didn't think it would be that difficult, because the cable was on my road," he told the tech news site. "I have phone. I have electricity. It's not completely 'Green Acres.'"

As this blog has previously pointed out, many Americans lack wireline Internet access because of this kind of arbitrary redlining by legacy incumbent telephone and cable companies. It's difficult to make a credible argument that living less than a half mile from existing infrastructure puts a customer premise out in the middle of nowhere, making it cost prohibitive to serve. As Mr. Walser points out, his circumstance bolsters the argument that last mile Internet service providers be classified as common carriers.

This situation has existed unchanged throughout much of the United States over the past decade (and isn't likely to change anytime soon), leaving some 19 million homes offline according to the U.S. Federal Communications Commission. The FCC is currently considering common carrier regulation of Internet service providers.

Top Cable Lobbyist Argues Against Broadband as Utility - NYTimes.com - NYTimes.com

Top Cable Lobbyist Argues Against Broadband as Utility - NYTimes.com - NYTimes.com: While the Internet and broadband systems were built “with the help of the government,” Mr. Powell said, “they have suffered terribly chronic underinvestment.” In 2002, when Mr. Powell was chairman of the F.C.C., the agency voted to regulate cable-modem broadband service as a lightly regulated “information service” rather than as a “common carrier.”

Mr. Powell, a former U.S. Federal Communications Commission chairman, correctly diagnoses the poor state of American Internet telecommunications infrastructure in characterizing it as suffering from chronic underinvestment. But oddly, he offers the wrong remedy in declaring the government should take a hands off approach and avoid treating it as a common telecommunications carrier like landline telephone service, available to anyone who wishes to order it.

That's been the status quo since the 1996 Communications Act become law, leaving about a quarter or more of all premises without modern landline Internet access, with some still offered only dialup service that most Americans were using since before the law was enacted. Powell's tortured logic would suggest that requiring Internet service providers serve all premises will somehow make that sorry situation worse. It simply doesn't add up.