Distinguishing between edge content provider market power and natural monopoly of telecom distribution infrastructure

The Tech Antitrust Problem No One Is Talking About | WIRED: 

After years of building political pressure for antitrust scrutiny of major tech companies, this month Congress and the US government delivered. The House Antitrust Subcommittee released a report accusing Apple, Amazon, Google, and Facebook of monopolistic behavior. The Department of Justice filed a complaint against Google alleging the company prevents consumers from sampling other search engines. The new fervor for tech antitrust has so far overlooked an equally obvious target: US broadband providers. “If you want to talk about a history of using gatekeeper power to harm competitors, there are few better examples,” says Gigi Sohn, a fellow at the Georgetown Law Institute for Technology Law & Policy.

When it comes to antitrust, it's important to distinguish between FAANG edge content providers and commercially owned and operated advanced telecommunications infrastructure. The major difference is the former isn't a natural monopoly. However, landline telecom infrastructure that connects to customer premises functions as a natural monopoly due to high capital cost barriers and long duration return on investment that tends to keep would be competitors out. Moreover, competition among multiple sellers isn't economically rational as Investopedia describes:

Multiple utility companies wouldn't be feasible since there would need to be multiple distribution networks such as sewer lines, electricity poles, and water pipes for each competitor. Since it's economically sensible to have utilities operate as natural monopolies, governments allow them to exist. However, the industry is heavily regulated to ensure that consumers get fair pricing and proper services.

In other words, competitive market forces cannot function to ensure access and value in a natural monopoly market. Both are frequently missing in advanced telecom distribution infrastructure, with uneven access due to sell side market failure.  

Antitrust assumes competition is possible and thus is intended to check a seller from attaining too much market power and promote competition. But it's an impossible undertaking in natural monopoly market like advanced telecom distribution infrastructure where competitive market forces don't come into play.

"Better Than Nothing," Starlink satellite service illustrates bankrupt U.S. telecom infrastructure modernization policy

Texas Schools Partner With SpaceX on High-Speed Internet: After schools shut down in March due to COVID-19, a survey of families in ECISD found that 39 percent did not have internet access in their homes, or had limited internet access. "Right behind me, you are looking at the community of Pleasant Farms that has very limited broadband service. We have children; we have families; we have educators living in this community and having the internet in their home is extremely difficult, if not impossible. But because of Space X and their Starlink technology, they are right now circling a series of satellites above this area and they will beam a high-quality broadband signal to our families, providing high-quality, high speed broadband access so our children can continue the learning process ...," Muri said. Muri said ECISD has worked diligently with the local community and state officials to explore opportunities for students, but also looking long-term. "Short-term solutions are not the answer," Muri said. "We need solutions that provide permanent solutions, permanent opportunities for kids not only in ECISD but across our state and across our nation ..."

Scott Muri, superintendent of a Texas school district, is right. Short term gee whiz approaches like this don't provide the long term telecommunications infrastructure needed on the ground -- namely fiber to the premise (FTTP). It's a logical progression from legacy copper telephone infrastructure that has gone off the tracks, leaving Americans grasping at “Better Than Nothing” solutions as the Starlink satellite service is dubbed.

New eBook: U.S. Telecom Infrastructure Crisis: America’s botched modernization of copper to fiber -- and the path forward

 

In 2020 as public health restrictions due to the coronavirus pandemic suddenly converted millions of American homes into offices, classrooms and medical clinics, the nation’s accumulated deficits in advanced telecommunications infrastructure and related challenges of access and affordability that had been in place for years reached a crisis point.

The root of the problem is a failure of planning and policy over the past quarter century to ensure decades old copper telephone lines that reach every American doorstep were modernized with fiber optic lines to support Internet delivered digital telecommunications. The nation lacks a comprehensive, coordinated transition plan and relies on various underfunded, piecemeal efforts.

The cause of the failure: public policymakers focused on the wrong thing: incremental gains in “broadband” speed instead of replacing the copper with fiber beginning a generation ago. With the enactment of the 1996 Telecommunications Act, policymakers erred in assuming fiber would be just one of several technologies that would compete with copper rather than pursuing a deliberate policy to ensure the timely replacement of copper with fiber.Consequently, fiber reaches less than a third of American homes in 2020. That’s far short of the goal of the Federal Communications Commission’s National Broadband Plan prepared for Congress in 2010 that called for 100 million homes to have affordable fiber-level connections a decade later.

U.S. telecommunications policy primarily serves the needs of for profit companies that lack incentive to rapidly speed construction of fiber to solve America’s advanced telecommunications infrastructure deficits. There’s an inherent conflict between their investors’ focus on short term earnings and the broader public interest of having universally accessible and affordable fiber connections.

This book describes how the crisis is affecting Americans, the factors that brought it about and prolong it, the outlook for its resolution and a framework for the path forward: publicly owned, open access fiber infrastructure passing reaching every home as telephone service did in the mid-20th century.

The audience for this book is public policymakers, telecommunications regulators and the general public. Members of these groups acknowledge the essential nature of advanced telecommunications infrastructure as a utility. That recognition has grown more urgent over time and especially so with the 2020 coronavirus pandemic and sharply increased reliance on home connectivity and working from home.

The book is currently available here on Amazon Kindle and will soon be available though all eBook retailers.

America's haphazard, fragmented approach to telecom infrastructure modernization: Filling in "broadband" potholes

SC begins small broadband internet expansion in 23 counties | The State: More than $50 million worth of broadband expansion projects will start this month in 23 counties around the state to help close the internet service gap exposed by the COVID-19 pandemic. The shovel-ready projects are being made possible, in part, with funding from the CARES Act, federal coronavirus aid that must be spent by the end of the year. The dollars will help internet providers expand service to areas where it may take longer to turn a profit. The broadband projects are a good start, but also a drop in the bucket toward closing the state’s broadband access gap. There are 650,000 South Carolinians and 180,000 households in the state without high-speed internet access.

States have been struggling to adequately fund advanced telecommunications infrastructure needs years before the start of the current SARS-CoV-2 pandemic earlier this year. Public health measures put in place to slow the spread of the contagion have made widespread infrastructure deficits painfully apparent as Americans work and school at home.

States are now rushing to try to address the problem with very little time and money allocated by the federal government via COVID-19 relief funds (CARES Act) that must be expended by the end of 2020. It's emblematic of the nation's short term policy approach of treating the deficits like potholes needing to be filled in.

There's never enough policy and resource commitment to properly pave the roads. Motorists complain incessantly about bad roads and a bumpy ride on Al Gore's circa 1990s "information highway." Federal and state governments respond with a little money for a short term fix for some of the potholes. Drivers continue to complain and the cycle repeats year after year. It will continue until there's a policy commitment to replace the legacy copper telephone connections that reach every home, small business and school with fiber.

Hopes for patient capital investment in open access advanced telecom infrastructure may prove unfeasible

Private Investment in Community Digital Infrastructure: Gaps will continue until localities and investors find viable solutions that better align community needs with investors’ returns on their investments. The critical first step is to pivot to a digital infrastructure approach in which the long-term economic benefits to community growth and business success accrue to the network deployers, leading to a virtuous cycle that increases network revenue opportunities and returns
on investment.

The author, Michael Curri of Strategic Networks Group, correctly identifies a major reason behind advanced telecom infrastructure deficiencies that have plagued the United States for many years. Investor owned companies build infrastructure where it generates the biggest and fastest returns on investment. They lack business or regulatory incentive to do so outside of their discrete "footprints" of cherry picked neighborhoods. 

That private interest to reward shareholders does not align with the broader public interest in having the infrastructure reach all premises. Localities hoping for infrastructure gains by partnering with private providers run the risk of replicating the problem of unconnected neighborhoods since they too require rapid returns on investment and thus are inclined to prioritize only limited areas to attain the fastest return on their dollars.

The solution, Curri argues, is substituting more patient capital held by pension funds and private infrastructure capital firms that doesn't require a return in five years or less. The risk/reward tradeoff is infrastructure is there for the long run and will generate solid returns for many years. Additionally, investment in open access infrastructure will provide broader benefits for their economies and residents  -- what economists refer to as externalities -- that are of little or no interest to investor owned providers.

Curri correctly points out the presence of incumbent investor owned incumbent providers poses a challenge to the ubiquitous infrastructure needed to attain those externalities. Those incumbents have already grabbed those neighborhoods that spin off the most revenues, complicating obtaining sufficient revenues to attract patient investment capital.

The essential problem for Curri is his concept requires premises to subscribe to services, emulating the subscription-based business model of the incumbents other than it calls for open versus closed access infrastructure. Subscription revenue would be supplemented by charges to service providers to offer services over the open access infrastructure as well as mobile wireless backhaul and "specific value-added services and smart-community services."

Potential patient capital investors may well see the presence of incumbent providers who will seek to protect their private monopolies as a key risk factor that would outweigh the many positive aspects of Currie's concept. Unless in the unlikely event those incumbent providers signal a withdrawal, it may prove unfeasible.

A "free market ethos" does not apply to advanced telecom infrastructure

Online school forces America to confront the digital divide: What went wrong over the years? How did the birthplace of the internet become a nation where broadband is unavailable to large chunks of the population, keeping students from taking part fully in modern education and their parents from taking advantage of the modern economy? Big investments have been made in the internet in the U.S., but not uniformly or with an eye to expanding connectivity as far as possible. It’s not a task that private industry cares to take on, nor is it one that the public sector can solve on its own—not in a country with such a strident free-market ethos. (Emphasis added)

This is a false dichotomy. Advanced telecommunications infrastructure tends toward natural monopoly and not a robust competitive market. As much as some would like it to be, high cost barriers to entry and first mover advantage don't permit that to be the case.

Desperate for fiber connectivity amid pandemic, states grasp for constrained federal funding

The long road to expand NH broadband - NH Business Review: Federal requirements for the CARES Act — such as the requirement broadband networks are prepared to make residential connections by Dec. 15 or else not be reimbursed — were meant to expedite projects to meet immediate needs. Bordering on unrealistic, the guidelines were criticized by the Monadnock Broadband Group and others interviewed by NH Business Review for excluding efforts that were already underway or could have made planning inroads with financial assistance.  “We put an initial $50 million into the fund because it was completely unknown what the application process would yield,” said Sununu. “I think we could have done a lot more with this money, but we just didn’t have the time. That was one of the biggest drawbacks is the time constraints the federal government put on these dollars.”

States desperately need federal funding to build fiber to the premise advanced telecom infrastructure now that homes due to pandemic public health measures now serve as workplaces, classroom, medical clinics and require robust symmetric connectivity. Feeling the pain most sharply are homes lacking access to commercial fiber providers due to neighborhood redlining and monthly rates out of reach for economically stressed households.

As this article highlights, navigating the tight constraints placed available federal funding is producing frustration. CARES Act funding is designed as short term emergency funding to help state and local governments cover costs related to responding to the pandemic and not specifically purposed for longer term infrastructure projects.

Redlined in Duanesburg, NY

Rural areas in NYS are in need of broadband amid the COVID-19 pandemic | WHEC.com: Felton has lived on Creek Road there for nearly 25 years. She never thought all these years later, and all these years of technological advances later, she still wouldn’t have broadband. Amid the pandemic, she and her husband have been working from home. Her daughter has been doing her schoolwork right alongside them. Fortunately, they can afford a hot spot, but it doesn’t always work.

She said for the past six years she has been trying to get broadband to all the town. Duanesburg has a franchise agreement with Charter Communications. “Our town franchise requires them to serve areas with 20 homes per mile, this road that I live on we have about 10 homes per mile,” said Felton. “We're not in the middle of nowhere. I'm two miles from Hannaford and I still don't have a wired connection because there's not sufficient return on investment for Charter to provide it.”

For two decades, the lack of sufficient return on investment has been identified as the cause of America's advanced telecom infrastructure deficiencies. It raises a fundamental question: If universal and affordable access are goals as many public policymakers assert, why do they continue to expect investor owned companies to fill the gaps when the cash flow isn't there? It's the Einsteinian definition of insanity. In this case, pursuing the same public policy and expecting a different result.