October 2015

House Subcommittee Explores Impact of FCC’s Open Internet Rules

The House Communications and Technology Subcommittee, chaired by Rep Greg Walden (R-OR), discussed the impact of the Federal Communications Commission’s implementation of Open Internet rules on consumers, jobs, and investment.

“In the end consumers and the American people are the ones who will ultimately bear the greatest loss from these rules. Whether it’s because the increased burden drives small providers out of the market, or because there is less incentive for any company to invest in new and innovative service offerings, or because additional infrastructure investment is no longer as attractive to industry and investors, Title II regulations don’t inspire innovation or investment confidence,” said Chairman Walden. “In the long term, it means uncertainty, reduced investment, and a future of “what might have been” for our vibrant and thriving Internet ecosystem. We can do better.”

“We need certainty, so companies can continue to plan their business models for the years ahead. We need investment, so consumers can continue to receive the high-quality, innovative broadband services we have come to rely on in our everyday lives. We need a return to the light-touch regulatory world that has served the industry and consumers so well over the years,” added Full Committee Chairman Fred Upton (R-MI).

Rep. Anna Eshoo (D-CA), ranking member of the subcommittee, says doomsday financial scenarios tied to the FCC's reclassification of Internet access under Title II common carrier regulations have not materialized. Rep. Anna Eshoo said many of the doomsday predictions point to uncertainty in the marketplace. But she said much of that uncertainty has come from companies themselves suing over the new rules. "It's the ISPs that went to court that created the uncertainty," she said.

New York University professor Nicholas Economides said that the economic impact of the entire Internet marketplace, and not just Internet service providers, should be taken into account. Echoing analysis from the FCC, he noted that even if broadband investment declines because of the rules, different areas would see increases because of new protections.

Countering that was witness Robert Shapiro, chairman of Sonecon LLC and former undersecretary of commerce in the Clinton Administration. He said that those innovations at the edge are based on bandwidth, and all depended on the infrastructure investment that produces it. All that innovation only comes after the infrastructure because it isn't possible without it.

Michael Mandel, chief economic strategist at the Progressive Policy Institute, pointed out that ISPs have been some of the biggest investors in the U.S. under light-touch regulation, and feared that the new, tighter regulations, "in the interest of protecting consumers [may] have the perverse effect of reducing investment and increasing consumer costs."

Germany to investigate Google, Facebook over data transfers

German data protection authorities have announced that they will immediately begin investigating data transfers from the European Union to the US by companies such as Facebook and Google, and may issue orders for data flows to be halted. The recent decision by the Court of Justice of the European Union (CJEU) gave local data protection authorities the power to examine whether data transfers under the Safe Harbour framework breached EU laws. However, it was expected that this would take place only once formal complaints about harm from such transfers had been received from affected members of the public, as in Ireland. Instead, the German data protection authorities have decided to begin investigating on their own initiative.

The announcement of the surprise move was made by Hamburg's commissioner for Data Privacy and Freedom of Information, Johannes Caspar. As reported back in 2013, Caspar has been one of the most active in investigating possible breaches of EU privacy laws by Google. US companies with headquarters in Hamburg will be among the first to be targeted, including Google and Facebook.

Data overage charges crushing cellphone customers

American cellphone customers are paying more data overage fees than ever before. More than a quarter of AT&T customers and 20 percent of Verizon customers said they paid an overage charge in the past six months -- both records, according to a survey by Cowen & Co. The overage charges are exacerbated by tablets -- a record 24 percent of tablet owners with a 4G plan paid an overage charge.

The problem isn't going away: The wireless industry expects mobile data usage to double each year for the next several years. "I simply think our usage is outstripping our plans," said Colby Synesael, analyst at Cowen & Co

Verizon protests 64 Kbps voice unbundling requirement, says it may delay copper-fiber transition

As its traditional voice subscriber base continues to decline, it should be no surprise that Verizon is anxious to move away from having to provide an unbundled 64 Kbps voice-grade channel where it has transitioned to fiber and retired the copper loop. The service provider said in an Federal Communications Commission filing that the 64 Kbps requirement has "outlived any usefulness" as more of its customers have dropped their landline phone service in favor of either VoIP or wireless as their main calling device.

"Customer demand for legacy wireline voice service has dropped precipitously," Verizon said. "From 2003 to 2013, [incumbent local exchange carrier] retail switched access lines declined by almost 60 percent." Verizon added that "demand for unbundled analog voice loops from Verizon -- which the 64 Kbps on fiber channel replaces -- has declined by 65 percent." Although plain old telephone service (POTS) revenues continue to decline, the company said that providing 64 Kbps voice channels over fiber is becoming cost prohibitive and could potentially hold them back from retiring copper in other areas.

Facebook will give employees super slow Internet speeds every Tuesday to better understand markets like India

Facebook is launching a new initiative called "2G Tuesdays" that will give all employees an opportunity to see what using the app with an incredibly slow connection feels like and help close the "empathy gap" between Silicon Valley and emerging markets. For most people, the stark differences will likely be jarring. Engineering director Tom Alison remembers the first time he opened Facebook on a phone with a 2G connection. "I felt like, 'Whoa!'" Alison said. "It definitely tested my patience -- it felt like parts of the product were just broken." Although most people with smartphones in the US use faster 3G or even 4G connections, millions of people all over the world are coming online for the first time with 2G. With that kind of connection, a webpage can take over 2 minutes to load.

Net Neutrality: Washington's Chance at a Bi-Partisan Win-Win Solution

[Commentary] During the telecommunications debates of the past decade, Republicans have consistently opposed network neutrality legislation. Now, in the interest of obtaining lighter regulatory treatment for broadband as an information service, Republicans have signaled their willingness to enshrine meaningful network neutrality protections in a statute in return for not applying common carrier regulation to the Internet. By accepting the Republican offer, Congressional Democrats would achieve their long-held goal of statutory permanence for network neutrality in exchange for a return of broadband to the information services status it has enjoyed since its inception for all but a few months of 2015.

Net neutrality guarantees would be virtually immune from legal challenge and far removed from political risk. Why wouldn't Democrats want to take advantage of this unique opportunity? There's no reason not to take the deal for either party and also thereby remind the Federal Communications Commission that no matter which party controls it, Congress is the ultimate arbiter of telecom policy. As a Democrat and network neutrality proponent, this is a deal I hope the Democrats will accept.

[Rick Bouhcer is a former Chairman of the House Communications Subcommittee and is honorary Chairman of the Internet Innovation Alliance]

How Congress lost control of the regulators

[Commentary] The dangers to the US economy -- if not its democracy -- of the growing trend of regulatory bargains are profound. Advanced economies are "advanced" largely because of the rule of law. Yet, in a new paper by the Phoenix Center for Advanced Legal and Economic Policy Studies, "Eroding the Rule of Law: Regulation as Cooperative Bargaining at the FCC," the authors conclude that regulation in the US is "mov[ing] away from the rule of law and due process" so that deals may be cut to satisfy the whims and caprices of bureaucrats. To illustrate this growing and troubling phenomenon, the Phoenix Center uses the Federal Communications Commission (FCC) as a case study (although the analysis can easily be applied to other regulatory agencies as well). At the center of the analysis is the identification of a growing phenomenon that the Phoenix Center labels as "issue bundling."

As the Phoenix Center explains, issue bundling occurs when the regulator and the regulated make a deal to combine a variety of unrelated issues in exchange for regulatory relief. Unfortunately, given the complexity of the problem, quick solutions to regulatory issue bundling are not immediately available. However, we can at least take some small comfort by the fact that the phenomenon is now identified. Hopefully, Congress will take note and give regulatory issue bundling the attention it deserves when conducting its oversight role.

[Spiwak is the President of the Phoenix Center for Advanced Legal & Economic Public Policy Studies]