I thought the analysis below might perhaps be of interest to some
list subscribers in regard to regulatory issues related to the
price of wireline Internet backhaul in fiber to the neighborhood
+ wireless community networking... I asked Chris if I could pass
it on and he said it'd be fine for it to be redistributed.
  - Steve Ronan

---------- Forwarded message ----------
Date: Fri, 7 Nov 2003 07:59:59 -0500
From: Chris Savage <[EMAIL PROTECTED]>
Reply-To: Telecom Regulation & the Internet
To: [EMAIL PROTECTED]
Subject: [CYBERTEL] Building Entrances, Dark Fiber & Monopoly Power

Hello all,

Please tell me what's wrong about my analysis below.  The basic
conclusion is that regulators are making a terrible mistake,
demonstrably bad in raw economic policy terms, by not requiring
ILECs to construct and sell dark fiber to end users.

Back in the Stone Age when I first took economics, there was a
simple little proof you could do that showed what monopolists do
to maximize profits: facing a downward-sloping demand curve, they
maximize profits by restricting output, which pushes up price.
They sell less than would be delivered in a competitive market
(where price=marginal cost) but they make up for the lower volume
with proportionally higher prices. Monopolist gets more profits;
consumers pay more, for less stuff. Clearly, unequivocally, a
welfare loss.

Back in Medieval Times when I first learned about utility
ratemaking, I learned all about how the normal
set-price-to-marginal-cost rule can't really work in high-fixed
cost, large-economies-of-scale industries, like telecom.  Since
cost declines over the entire output of the market, and since
lots of costs are fixed, setting price equal to marginal cost
leads to negative returns for the otherwise-efficient firm.  So
you have to price some or all output above marginal cost, leading
to cost allocation nightmares, debates about ECPMs and Ramsey
prices, etc., etc. In other words in these weird industries the
monopolist *has* to be able to price above marginal cost; as the
joke goes, the only question is how much?

I submit that our fascination with trying to figure out how to
price shared network facilities in declining cost,
high-fixed-cost industries has obscured a plain and simple
exercise of raw monopoly power that is right in front of our
noses.

I'm talking about the refusal of the ILECs to sell dark fiber
and, instead, to insist on selling bandwidth in pre-measured,
expensive increments (DS0, DS1, DS3, OC-3, etc.).

The basic product of a communications network is bandwidth.
What goes *over* the bandwidth provided is up to the customer.
The more bandwidth provided for less price, the more the
"surplus" is transferred to the consumer.  The more the provider
can restrict output of bandwidth and charge more for it, the more
monopoly profits it makes.

Technology being what it is, a clean run of fiber between any two
points within any metropolitan area can be "lit" entirely by
customer-supplied gear at either end.  There is no need for any
intervening telco "facilities" or "services" or "enhancements."
With dark fiber the customer can decide whether to deploy on the
ends (a) cheap gear that doesn't give much bandwidth or (b) more
expensive gear that gives a lot. The customer can decide whether
the bandwidth ought to be formatted as OC-n or as gig-E or
whatever.  The fiber provides the telecommunications service,
i.e., the simple transmission from A to B of the customer's data.

Now, lots and lots of customers (residence customers) will choose
not to buy a point-to-point fiber run (or series of
point-to-point runs). (That raises the issue of dry copper
private lines, which is, basically, analogous, but that's an
exercise for the reader.)  But some larger business customers
will; and aggregators could buy some runs and fill up the
bandwidth on their own.

Why don't ILECs offer dark fiber?

Because they don't have to.  If they did they would sell a lot
fewer bandwidth-impaired services (and, note: an OC-48 is a
"bandwidth impaired" service as compared to what fiber can
carry).  This would be true even if they were compensated for the
full cost of the fiber.

Why don't they have to?

Two reasons: (1) the regulators don't make them; and (2)
competition doesn't force them to.

As to reason (2), there's no competition because once a building
is built and has an entrance from a conduit in the street, that
conduit and entrance, particularly in large urban areas but
really in a lot of places, probably is the last bastion of
natural monopoly/essential facilities.  You don't want a separate
physical road into your neighborhood for each of the postman and
the milkman and the dry cleaning service and the kids' soccer
carpool.  You want one physical road that everybody shares.
Same with conduit runs and building entrances, basically.

As to reason (1)...

Anybody have any good reasons?  I sure can't think of any.

Other than the fact that the ILECs' profits would fall, would
*anything* bad for *anyone* else happen by instituting a
requirement that ILECs sell dark fiber connections at retail to
anyone willing to pay a fair (yes, it would have to be regulated,
since it is a monopolized function) price for it?

This seems to me to be a classic case of public v. private
interest, and, therefore, a classic case for direct regulatory
intervention.

Comments?  Criticism?

Chris S.

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