How Ancient Monopolies Keep You from Getting Decent Internet Service

http://lauren.vortex.com/2016/07/ancient-monopolies-keep-you-from-decent-internet-service


Many of us tend to assume that here in U.S. we have the most advanced
technologies on the planet. So it may be startling to learn that by
global Internet standards, numerous experts consider us to be living
in something of a Stone Age Internet nation.

The reality is stark. Many countries in the world pay far less for
their Internet services than we do, and get much faster and more
reliable services in the bargain. While many countries have set a
national goal of fiber optics directly connecting every home and
business, here in the United States phone companies still are arguing
that snail's pace Net connections should qualify as broadband.

Even when relatively "high" Internet access speeds are available via
cable, they tend to be mainly in the downstream direction. For
example, I have the highest cable modem speed available in my location
here in L.A., which is 300 Mb/s downstream -- but only 20 Mb/s up.
Obviously, high upstream speeds are important for a range of
applications (not just limited to obvious ones like remote data
backup). Cable modem speeds are getting better, but the fundamentals
of cable system technology continue to dampen upstream speeds.

You might reasonably ask how so many other countries have been able to
get much better Internet access to their residents, compared with us
here in the country that invented the Internet.

The detailed reasons are complicated technically, legally, and very
much politically, but the bottom line is that the Internet ecosystem
here in the U.S. has long been rigged against effective competition, a
direct outgrowth of early telecommunications monopoly environments.

One example of this may be visible right outside your window.

Have you ever wondered who owns those "telephone" poles throughout
your community, or the underground cables and conduits in some towns?

The short answer is: What a mess!

Poles may be owned by power companies, by phone companies, by cable
companies, or in some cases by communities themselves -- or various
combinations thereof.

The land that these poles are planted in typically is in the form of
an "easement" -- a specific area of land still owned by the main
property owner, but with access and other rights granted by government
to various utilities and other firms. It works basically the same way
with underground cables and conduits.

As you might imagine, easements can be the subject of complex and
varied legal entanglements and disputes, even though most are granted
when housing or commercial developments are being initially planned.

But for the sake of our discussion here right now, the most
interesting aspect of easements is in older communities (for example,
areas built up prior to the AT&T divestiture of 1984).

History matters in this context (as in so many other aspects of life)
because when these easements were granted to communications companies
back in the day, they were usually "monopoly" grants. That is, while
we would probably agree even now that assuming a single water and/or
power company would be logical, those historic easements were usually
assuming only a single communications (phone) company, or later the
original incumbent phone company plus a single cable TV company.

This is incredibly relevant today, because the entities controlling
these easements, and that usually own the poles, cables, and conduits
that everyone must use to provide landline communications services to
homes or businesses, are quite powerfully in the catbird seat.

Here's why.

In many countries, governments have national Internet plans that
provide for robust competition in various ways. But here in the U.S.,
if you want to bring -- for example -- high speed fiber Internet to a
community, you often have to deal with the incumbent telecom or other
utility firms to gain access to those poles and/or underground
facilities.

And those firms -- like AT&T, Verizon, and the rest of the gang you
likely are familiar with -- have very little incentive to be
particularly cooperative with new competitors bringing in far better
services. In fact, the old guard firms have frequently pushed through
laws -- and/or filed lawsuits -- aimed at preventing communities from
encouraging or even permitting such competition.

So we find it not uncommon for the incumbents to demand exorbitant
"pole attachment" or other access fees, or to delay and obfuscate as
long as possible.

It's important to remember that these incumbent firms typically only
control these access assets because of those original monopoly grants
from many decades ago -- giving them exclusivity that is nonsensical
and unfair so many years later. But they've become experts at milking
every last possible dollar out of the jolly old monopoly days, even
now!

If this sounds bad, it gets worse for the captive residents of many
apartment buildings and commercial developments.

Building owners and landlords frequently view Internet access as a
massive personal profit center, and engage in restrictive 
shenanigans -- some of which can be viewed as illegal -- to strike 
lucrative, and yes, monopoly deals with telecom firms, demanding 
sweetheart payments for access to their tenants, and treating those 
tenants as if they were medieval serfs. For more on this particularly 
seamy side of Internet access, please see Susan Crawford's excellent 
recent article: "Dear Landlord: Don't Rip Me Off When it Comes To Internet 
Access --
When building owners get kickbacks from big providers it's the 
tenants who lose."
( 
https://backchannel.com/the-new-payola-deals-landlords-cut-with-internet-providers-cf60200aa9e9
 )

You might think that this sorry state of affairs would be pretty much
obvious to everyone, but in our toxic political environment that would
be very far from the truth.

In fact, there are many in Congress who don't see any consumer
problems here at all. Whether or not one chooses to consider these
access issues under the "network neutrality" umbrella, many
politicians who have long enjoyed the "generosity" of the incumbent
telecom firms are lined up to block any attempts to improve the
competitive landscape for Internet consumers, thereby condemning us to
continued laughingstock status in the eyes of most other countries.

We do have some power though -- in the voting booth. These issues tend
to have local, state, and often federal components, and we're unlikely
to see significant improvements while lapdog beneficiaries of dominant
Big Telecom remain in political control.

Or perhaps you're satisfied with exorbitant prices and
"Flintstones-class" Internet access throughput. Frankly, this far into
the 21st century, I strongly believe that we can do much better than
having so many of us running at bare feet pedal power Internet speeds.

Yabba dabba doo!

--Lauren--
Lauren Weinstein ([email protected]): http://www.vortex.com/lauren 
Founder:
 - Network Neutrality Squad: http://www.nnsquad.org 
 - PRIVACY Forum: http://www.vortex.com/privacy-info
Co-Founder: People For Internet Responsibility: http://www.pfir.org/pfir-info
Member: ACM Committee on Computers and Public Policy
Lauren's Blog: http://lauren.vortex.com
Google+: http://google.com/+LaurenWeinstein 
Twitter: http://twitter.com/laurenweinstein
Tel: +1 (818) 225-2800 / Skype: vortex.com
I have consulted to Google, but I am not currently 
doing so -- my opinions expressed here are mine alone.
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