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[ NNSquad ] [IP] Faulhaber, Comcast, and Antitrust


----- Forwarded message from David Farber <dave@farber.net> -----

Date: Wed, 21 Jan 2009 21:43:12 -0500
From: David Farber <dave@farber.net>
Subject: [IP] Faulhaber, Comcast, and Antitrust
Reply-To: dave@farber.net
To: ip <ip@v2.listbox.com>



Begin forwarded message:

From: Dave Burstein <daveb@dslprime.com>
Date: January 21, 2009 8:55:05 PM EST
To: dave@farber.net
Subject: Faulhaber, Comcast, and Antitrust

Dave
I'm in direct disagreement with both of you on the principles behind this 
one, although I'd agree this case is probably trivial. Comcast has enough 
capacity, I believe, that very few VOIP calls will be affected in practice. 
If Comcast's data service did a poor job carrying video over the net to the 
point their video programming had a major advantage, I think we would have 
a real issue.

Everything I know - including the reasonable 250 gig cap - suggests Comcast 
is playing fair with video competitors, living up to Brian Robert's comment 
"shame on us if we can't compete." Other carriers selling video I believe 
are taking measures that prevent a customer watching things over the 
Internet, such as Frontier's proposed 5 gig cap - two movies a month.

Consider AT&T's U-Verse IPTV. Through about 2006, some AT&T people were 
saying that if they didn't restrict TV over the net their backhaul would be 
impossibly clogged. The rumor in the industry was that  they hadn't put in 
enough backhaul, whether for capex or to limit video competition. If that 
proved true, then even if I had a ten meg AT&T DSL line I'd often have 
problems watching TV. Dan Berninger, Susan Crawford, and others have 
pointed to that possible problem.

I took it very seriously because a very senior telco exec (far off the 
record) had looked me in the eyes and said "of course that's what we are 
going to do. They let the cablecos have a walled garden, so they have to 
let us do the same." I heard very similar from several other executives, 
usually as a way to reassure wall street they wouldn't be hurt by video 
competition over the net. That's why I threw myself into net neutrality.

I believe NN has pretty much been won in the U.S. after enormous effort, 
with vigilance still needed. If the networks remain neutral and other 
obstacles (caps, excessive prices) prevented, this will be a minor issue in 
the U.S.

I had a chance to discuss this with Kevin Martin in 2005. He recognized the 
possibility, but said he hoped the cable-telco competition would be enough 
to prevent serious abuses. In the U.S., among large carriers, it has worked 
that way so far although Time Warner and AT&T have suggested that might 
change.

A duopoly often behaves as a cartel/monopoly, but this seems to have worked 
in the U.S. so far. Hopefully, the furor over NN will keep them reasonable 
and Kevin's instincts prove right in the end. (There are real problems for 
smaller networks and in other countries. British carriers have threatened 
to shut down the BBC iPlayer, and DT outlined a major business plan to 
block video providers who didn't pay a special fee.)

Around 2006, AT&T CEO Ed Whitacre and their SVP Jim Cicconi made strong 
statements they did not and would not have any problems like that. "We will 
not degrade a signal coming from the Internet. If we get a two megabit 
video stream at the edge of our network and our customer has three megabit 
service, they will get that two megabits reliably." I since have been told 
the same by Verizon

In practice, carriers like AT&T, Verizon, Comcast, British Telecom and 
Free.fr have discovered that upgrading the switches, WDM and similar gear 
is cheap enough they can afford to virtually eliminate congestion and have 
happy customers. (Comcast and other cable companies do have a problem on 
the shared local upstream, at least until they upgrade. Large DSL and fiber 
builds rarely do, and Comcast in a filing said they had no downstream 
problems.)

So my take is that on this Comcast is de minimus, but the principle is 
important because otherwise the carrier has strong incentive to give their 
video a major advantage.

The best way to avoid the issue is to have enough capacity it almost never 
comes up. Whether that's practical isn't a theoretical issue to be solved 
by models but an empirical one about the actual costs of having sufficient 
capacity. Luckily, routers etc. have been coming down in price so rapidly 
that the bandwidth costs for a large, wired carrier are typically less than 
$1 on a $20-50 service, so not an issue. Small carriers who don't have 
dedicated fiber and the cable upstream have issues, although most are 
solvable.

In Europe, a survey of senior telco executives found about 80% of them 
wanted to charge competitive and it's a very open issue.  Ed Richards at 
OFCOM has decided NN is not necessary as along as their is (limited) 
disclosure.  Richards is probably wrong where competition is weak. 
Rochester NY is served by Frontier and Time Warner, both rhetorically 
militant against over the top competition. They've both suggested charges 
that would get prohibitive at 3-13 movies a month, including a 1,000% 
markup for any overage. Rochester has no other major choice at video speeds 
if many people wanted to watch Hulu or ABC over the net.
db

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----- End forwarded message -----