FCC needs to get it right with wireless broadband

The Federal Communications Commission has to get the wireless "third pipe" of broadband Internet access right in order to inject meaningful market competition and consumer choice into the moribund, duopolistic market it has fostered with its wireline broadband policies, writes columnist Keith Girard of AllBusiness.com in The New York Times:

The FCC has made a mess of telecommunications policy. As FCC Commissioner Michael J. Copps noted recently, the nation is getting "too little broadband at too high a price."

Thanks to the FCC, Cable TV and telephone companies dominate the broadband market. They've basically skimmed the cream off the top by focusing on densely populated, easy-to-service areas. As a result, large parts of the country are underserviced. Only 31 percent of rural households and 41 percent of African American households have broadband service compared with 70 percent of households overall that have a computer, according to a new study by the Pew Internet Project, a nonprofit group. The same holds true for small rural businesses. They are less likely to use broadband services, in part, because of cost and lack of availability, according to several government studies.

America's growing broadband gap with Japan

In the 1980s, the United States fretted about a management gap with Japan. Japanese business management techniques such as kaizen -- continuous, systematic improvement -- and a focus on quality control fostered an inferiority complex on the part of American business leaders.

Now the U.S. is about to develop a new inferiority complex with the Japanese: it's fallen far behind Japan when it comes to broadband Internet, The Washington Post reports. "America may have invented the Internet but the Japanese are running away with it," the newspaper reports, noting that Japanese broadband service is eight to 30 times faster than in the U.S. Japan boasts the world's fastest Internet connections, delivering more data at a lower cost than anywhere else, The Post adds, citing recent studies.

Japan's speedy Internet access is helping the nation fulfill its goals of allowing more people to telecommute -- work from home -- and increasing the use of telemedicine, which allows doctors to remotely diagnose and evaluate a person's medical condition without the need for the patient to travel long distances to see a specialist.

California Gov. Arnold Schwarzenegger is interested in telemedicine and recently announced $25 million in grant funding for "expanding broadband capabilities to support telemedicine, tele-health and e-health programs."

Schwarzenegger has also formed a Broadband Task Force that is due to issue a report next month on the state of broadband access in California. What it will likely find is California, which likes to view itself as a leader in information technology and innovative public policies, is like the rest of the U.S., falling far behind Japan when it comes to broadband access, making it difficult for the governor to fulfill his goal of expanding telemedicine in the Golden State.

California PUC proposes broadband build out rules, wireless broadband reporting requirement

The California Public Utilities Commission has issued draft rules implementing the state's Digital Infrastructure and Video Competition Act's build out requirements for telcos and cable companies wishing to obtain a state franchise to offer broadband-based video services.

The draft rules require franchisees to include "clearly stated build-out milestones " that "demonstrate a serious and realistic planning effort." In addition, franchisees must "clearly state the constraints affecting the build-out" and "clearly delineate and explain" areas within the franchisee's service area that pose "substantially higher" costs.

The CPUC declined requests by consumer groups to require franchisees to provide data on the broadband transmission technologies they use and throughput speeds. However, under the proposed rules, it would require franchisees to provide data on the extent it is utilizing wireless broadband technology.

"The State and the Commission have a strong interest in making sure that unserved or underserved areas gain access to broadband services," the proposed decision states. "We believe areas currently unserved or underserved by broadband at this point will likely
be rural areas, or other areas that are high cost due to distance, terrain, demographics and density issues. It is thus important that the Commission gather data that will help us understand the extent to which wireless broadband is reaching these difficult-to-serve areas, and the degree to which consumers view these services as a means to satisfy their on-line needs. Accordingly, we will require subscriber data relating to wireless broadband to indicate whether the subscription is for a data-enabled wireless phone, PDA or other wireless hand-held device, or whether the subscription is for the use of a wireless data card. Wireless data cards are capable of providing either mobile or fixed broadband access to the internet from a customer’s personal computer, and may effectively substitute for wireline broadband access. Data about the adoption by customers of wireless broadband access for use with their personal computers will help guide our policies aimed at increasing investment in broadband infrastructure and closing the digital divide in our State."

White Spaces Coalition poised to move ahead with wireless broadband -- with or without FCC OK

The White Spaces Coalition, which seemed to be gearing up to take the Federal Communications Commission to court after the FCC recently panned prototype devices developed by the coalition to broadcast broadband signals in the "white spaces" between digital TV frequencies, appears to be shifting the burden back to the FCC.

There had been reports that the coalition, which is comprised of Microsoft, Google, Dell, HP, Intel, Earthlink and Phillips, had been mulling suing the FCC because it wasn't allowed to replace what it claims was a malfunctioning prototype that didn't assure government testers it wouldn't interfere with TV broadcasts.

Now it appears the coalition is preparing to move forward with or without FCC approval, according to this Broadcasting & Cable article. In short it looks like the coalition is telling the FCC if it has a problem with the devices, then the ball rests in its court to intervene.

Some commentators believe the coalition can't get a fair testing of its prototypes by the FCC because they say it's reluctant to approve a so-called "disruptive technology" that could threaten the existing duopoly of the telcos and cable companies and bring broadband where they aren't willing to go.

Well too bad. The telco/cable duopoly can no longer have it both ways, wanting to maintain territorial hegemony while at the same time leaving much of the U.S. mired in broadband black holes. The nation badly needs a "third pipe" to rapidly bring broadband to those who lack access.

Cable company in regulatory no man's land, SoCal city charges in lawsuit

This type of situation may begin to crop up frequently in California, where cable companies can opt to remain under local government franchise agreements or get a statewide franchise from the California Public Utilities Commission under new legislation that took effect this year, the Digital Infrastructure and Video Competition Act.

According to the San Diego Union-Tribune, the city of Carlsbad believes Time Warner is operating outside the law because it doesn't have a franchise from the city nor has it received a statewide franchise. Nor has it even applied for one according to the CPUC's Web site.

Holding up a city franchise with Time Warner is Carlsbad's insistence on higher fees to fund broadcasts of city council and other government events.

It's probable there will be other such lawsuits brought by local governments over this and, more likely, when negotiations stall over buildout requirements in which the locals insist cable companies serve their entire communities instead of leaving parts in the dark on the wrong side of the digital divide. The likely targets include telcos and other cable players -- like Comcast for example -- that have so far not applied for or received statewide franchises.

El Dorado County satisfaction survey omits broadband

El Dorado County, California officials have released the results of a telephone poll of 600 county residents in April assessing their satisfaction with living in the county.

The 331-page El Dorado County Resident Satisfaction Survey contains a major design flaw. While it asked those polled if they had Internet access and subcategorized residents who have it, the survey failed to ask residents if they have broadband Internet access. If it had, it would have likely found high levels of dissatisfaction with the lack thereof in much of the county where residents are forced to use early 1990s era dialup or sub-optimal satellite Internet connections.

A quick perusual of this petition to AT&T signed by more than 200 county residents and their accompanying comments shows had the survey included broadband access, it would have likely borne out high levels of resident dissatisfaction.

At best, county officials dropped the ball by permitting the omission of this question from the survey. At worst, they've chosen to sweep this vital infrastructure issue under the rug by deliberately leaving it out.

Aging copper cable plant drives — and limits – DSL

AT&T is facing a broadband conundrum brought on by the company’s historical reluctance to invest in upgrading its aging copper cable plant.

In El Dorado County, California, for example where your blogger resides, there are few good pair remaining in large stretches of the cable that in some cases is reportedly three to four decades old. Demand for additional lines from existing and newly arrived residents and businesses taxes the cable’s capacity, resulting in two subscribers ending up on the same line as well as noise and static when summer heat expands the cable and when winter rains penetrate it.

In an ironic twist, Ma Bell’s cable capacity crunch is driving the deployment of Digital Subscriber Line (DSL) service to some neighborhoods, particularly where fiber optic trunk lines are nearby.

Last year AT&T deployed DSL to the remote El Dorado County community of Grizzly Flat, about 25 miles east of Placerville. What prompted this unlikely move was the lack of good pair left in copper cable in the community. The capacity shortage was being exacerbated by people ordering second lines in order to not tie up their phone line with dial up modems — their only option to access the Internet — and for fax machines. Since AT&T already had a fiber optic cable running to Grizzly Flat from Placerville to serve a school there, the company decided to reduce the demand for additional lines by placing a remote terminal in the community fed by the fiber and capable of supporting DSL. DSL runs over a subscriber’s existing phone line and doesn’t require a second line.

That solved one problem but led to another. DSL signals are notoriously weak and prone to attenuation over distance. They require “clean” copper cable in good condition in order to carry the DSL signal reliably. Aged, deteriorating cable on the other hand is a suboptimal carrier, which is exactly what AT&T faces in Grizzly Flat and elsewhere in El Dorado County. Consequently, some Grizzly Flat residents complained, they couldn’t get DSL service because DSL propagated over a shorter than normal distance and their homes were too far away to get service. Poor quality cable also limits customers to AT&T’s lower speed DSL packages since the cable cannot reliably support higher speeds.

A scenario similar to Grizzly Flat appears to be playing out in my neighborhood. DSL wasn’t even on the radar screen here until an infill lot was recently developed. The new resident needs a broadband connection for his home office and ordered up a dedicated T-1 business class data line. That turned out to be the proverbial straw that broke the back of the antiquated cable plant that has been barely able to support plain old telephone service (known in the industry as POTS).

Consequently, AT&T recently installed a remote terminal and may begin offering DSL in the near future pending further testing. As in Grizzly Flat, fiber is available and provides the “backhaul” connection upstream. However, an AT&T planner I spoke with is downplaying the remote terminal’s DSL capabilities. It’s salvage equipment (the faded graffiti on the side of the cabinet is a clue), is not AT&T’s standard DSL remote terminal equipment and may not provide the typical 14,000 foot range. Moreover, if testing shows the copper cable plant needs to be upgraded in order to reliably carry DSL, the planner warns, that would add to the cost of the deployment and increase the odds the bean counters at AT&T corporate will nix it.