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New Report on Bandwidth Caps From Open Technology Institute

The Open Technology Institute (OTI) at the New America Foundation recently released its report on bandwidth caps. "Artificial Scarcity: How Data Caps Harm Consumers and Innovation" is the latest warning about an issue with grave implications. The PDF is now available to download. 

Last November, the Government Accounting Office (GAO) released a report [PDF] with serious comments on how ISPs might abuse their power through bandwidth caps. In that report, the GAO strongly suggested the FCC take action.

This report by Danielle Kehl and Patrick Lucey further examines how this profit grabbing technique from the big ISPs impacts consumer decisions and usage. 

From the OTI press release:

In this paper, we examine the growth and impact of usage-based pricing and data caps on wired and mobile broadband services in the United States. We analyze the financial incentive that Internet service providers (ISPs) have to implement these usage limits and discuss research that demonstrates how these policies affect consumer behavior. In particular, we explain how data caps can make it harder for consumers to make informed choices; decrease the adoption and use of existing and new online services; and undermine online security.

It is also increasingly clear that data caps have a disproportionate impact on low-income and minority populations as well as groups like telecommuters and students. In the conclusion, we urge the Federal Communications Commission (FCC), particularly as the new Open Internet Order goes into effect, to open up a serious inquiry into whether data caps are an acceptable business practice.  

In addition to their own data and conclusions, Kehl and Lucey provide information to many other resources that tackle the implications of bandwidth caps. As consumers' need for bandwidth increases with their changing Internet habits, this topic will only become more pressing.

Grover Beach Chooses Local Partner to Improve Local Connectivity for Businesses

After several years of considering options for a municipal network, the community of Grover Beach, California, is improving local connectivity options through a collaboration with private partner Digital West

According to the San Luis Obispo Tribune, the City struck a deal last fall with the local firm that will provide gigabit connectivity to local business customers. A city staff report states that Grover Beach will install and own a series of conduit that will house fiber owned by Digital West. 

The company, a data storage and web hosting firm located in nearby San Luis Obispo, will manage the fiber network. Digital West will lease conduit space from the city for 5.1% of its gross revenue from its operation of the private portion of the system. The initial lease is for a 10-year term. The company will also transfer ownership of some of the fiber to the city for public purposes. San Luis Obispo (SLO) County also wants to connect its facilities in the area and will contribute to the cost of the project. It appears as though SLO County will use the fiber provided to Grover Beach.

Grover Beach will contribute $500,000; SLO County will contribute $268,000; Digital West will contribute $159,000 to the total cost of $927,000 of the project. The parties agree that the city's contribution will be capped at $500,000. The staff report recommends an interdepartmental loan to finance the city's portion of the conduit installation.

Digital West has been an instrumental player in the city's quest for improved connectivity for several years. The company provides Internet service in SLO County and manages a private network offering connectivity, colocation, and cloud services to commercial clients. 

Grover Beach is also the location of the Pacific Crossing trans-Pacific fiber cable, connecting to Shima, Japan. In 2009, Digital West began working with Grover Beach to find ways to take advantage of the pipe. The city and Digital West have sence developed a Technology Master Plan and an Implementation Plan.

Community Broadband Media Roundup - December 12, 2014

This week in Community Broadband networks... partnerships, cooperatives, and going-it-alone. For a background in muni networks, check out this recent article from FiscalNote. The article highlights Kansas and Utah's fight for improving beyond the minimum speeds. 

Speaking of minimum, the FCC announced its new "rock bottom" for regulated broadband speeds. Ars Technica's Jon Brodkin reports that despite AT&T, Verizon, and the National Cable and Telecom Association's protests, ISPs that use government subsidies to build rural broadband networks must provide speeds of at least 10 Mbps for downloads.

Rural Americans should not be left behind those who live in big cities, the FCC announcement today said. "According to recent data, 99 percent of Americans living in urban areas have access to fixed broadband speeds of 10/1, which can accommodate more modern applications and uses. Moreover, the vast majority of urban households are able to subscribe to even faster service," the FCC said.

The FCC plans to offer nearly $1.8 billion a year to carriers willing to expand service to 5 million rural Americans. 

This is a step in the right direction, but we are alarmed to see a download:upload ratio of 10:1. People in rural areas need to upload as well as download - our comments to the FCC strongly recommended raising the upstream threshold as well and we are very disappointed to see that remain a pathetic 1 Mbps.

And, from TechDirt's own "who can you trust if you can't trust the phone company department," Karl Bode found that a study by the AT&T-funded Progressive Policy Institute concluded that if Title II regulations were passed, the nation would be "awash in $15 billion in various new Federal and State taxes and fees. Bode writes that the study cherry-picked and conflated data:

Small Town Volunteers in Massachusetts Begin Pole Inventory

Volunteers in Shutesbury will fan out this weekend to perform a "pole inventory blitz" reports the GazetteNet.com. The town of approximately 1,800 people sits near Leverett and faces many of the same difficulties with connectivity. 

Shutesbury and Leverett were working together a few years ago hoping to develop a solution to bring infrastructure to both communities. The two communities approached Verizon and Comcast asking for better connectivity, but their requests led to nothing. Eventually, Leverett became frustrated and broke out on their own. They are now deploying their own fiber network.

One of the first steps in determining the feasibility and costs to deploy a fiber network is accurately evaluating assets. Many local communities do not have an up-to-date inventory of utility poles or what entities own those poles. In Lake County, Minnesota, Frontier Communications asserted ownership of utility poles in the town of Two Harbors after fiber had been strung on those poles. Unfortunately, the county's records had not been revisited in some time and Frontier was able to produce records put ownership in question. The project was significantly delayed; planners eventually moved more fiber underground to avoid many of those poles. Pole inventories and due diligence, as in Shutesbury, help avoid delays and unanticipated cost increases. (Read all about Lake County's project in our recent report, All Hands on Deck: Minnesota Local Government Models For Exanding Fiber Internet Access)

Verizon CEO: LTE Cannot Replace Fiber

Verizon Wireless CEO Dan Mead is not doing any favors for Comcast as it pursues approval to acquire Time Warner Cable. In August, he came out and publicly stated that no, LTE is not equal to fiber. The Verge quoted Mead, who was refreshingly honest about technical limitations and Comcast's motivations for making such outrageous claims:

"They're trying to get deals approved, right, and I understand that... their focus is different than my focus right now, because I don't have any deals pending," Mead said, a reference to the fact that Comcast is looking for ways to justify the TWC buy. "LTE certainly can compete with broadband, but if you look at the physics and the engineering of it, we don't see LTE being as efficient as fiber coming into the home."

A number of other organizations also try to educate the general public about the fact that mobile Internet access is not on par with wireline service. For example, Public Knowledge has long argued that "4G + Data Caps = Magic Beans." 

Our Wireless Internet Access Fact Sheet dispels common misconceptions, shares info about data caps, and provides comparative performance data between wireless and wired connections. While mobile Internet access is certainly practical, valuable, and a convenient complement to wired connections, it is no replacement. Wireless limitations, coupled with providers' expensive data caps enforced with overage charges, can never replace a home wired connection. Doing homework, applying for a job, or paying bills online quickly drives families over the typical 250 GB limit.

Verizon Engaged in IP Transition With No Rules: Where is the FCC?

Public Knowledge, The Utility Reform Network (TURN), and a long list of other public interest groups, recently filed a letter with the FCC urging the agency to launch an investigation. Specifically, the alliance asks the FCC to look into reports that Verizon is forcing customers to move from copper lines to fiber IP-based service. From the letter:

The Commission must begin investigating this issue quickly, lest inaction send carriers the message that abandoning customers in violation of their legal obligations is acceptable. Delay will only lead to carriers hanging up on more customers at a time when basic communications service is more important than ever.

In California, New York, New Jersey, and DC, large corporate carriers such as Verizon, AT&T, and Frontier are not maintaining traditional copper lines. Public Knowledge and TURN note in their letter that in Maryland, the state's Office of the People's Counsel found that "Verizon routinely migrates customers from the copper network to unregulated services with inadequate procedures for customer notice and consent."

We noted last summer that Verizon faced criticism for transitioning residents in the Catskills and in New York City to VoiceLink without disclosing the full limitations of the service. This was the tip of the iceberg. Verizon has failed to repair copper lines when requested. People in some areas of New York City have been told they must upgrade to FiOS in order to get phone service. There are even some customers who have been told they cannot order stand alone telephone service.

Because IP-based services are not yet regulated, carriers will not be obliged to provide services to everyone or to maintain communications infrastructure as they must with copper lines. 

The full text of the letter [PDF] and exhibits [PDF] provide details on Verizon's purposeful neglect of existing copper lines, customer service tactics to push customers on to IP services, and more about the company's nation-wide strategy. From the letter:

Crain's New York Business: New York City Conduit Jam Packed

Crain's New York Business recently published an article on the crowded conduit under New York City. The article complements the April 7 edition of This Week in Crain's New York podcast, hosted by Don Mathisen.

Empire City Subway (ECS), the crumbling subterranean network of conduit for telephone wires constructed in 1888, is so crowded underground construction crews regularly need to detour to reach their destination. Routes are no longer direct, adding precious nanoseconds to data delivery - a significant problem for competitive finance companies.

Verizon owns ECS and, according to the article, does not operate with competitors in mind:

But businesses that lease space in the ECS network for their own fiber-optic cable say that Verizon doesn't worry about keeping the system clear for others. Conduits are filled with cables from defunct Internet providers that went belly-up after the dot-com bust in 2000. Verizon itself left severed copper wire in lower Manhattan ducts after installing a fiber-optic network following Superstorm Sandy. (The company says the cables could be easily removed, if needed.)

Stealth Communications spent an extra $100,000 in March to re-route its fiber from Rockefeller Center to Columbus Circle. Conduit was so congested along the planned route, the independent ISP needed to go 6,500 feet out of its way. The re-route added almost two weeks to the project.

Crain's contacted Chris Mitchell from ILSR:

"It's foolish to think that we can just leave it to the market to use this limited space under the street efficiently," Mr. Mitchell said. "The fiber needs are tremendous, and if New York over time can expand access to a lot of fiber at low cost, we'll see all kinds of [innovation]."

Community Fiber Is Not Just About the Fiber

The focus on community networks tends to linger on the technology - FTTH is much faster and more reliable than cable or DSL services. But community fiber is only partially about the superior technology, as evidenced by a recent story over at Broadband Reports - "Verizon has been Quietly Increasing FiOS Fees." We don't see this behavior in Chattanooga, which has gone over four years without raising the fees for Internet access to telephone services. Community networks rarely increase their fees because the cost of delivering Internet and telephone services declines over time. Television prices go up, though less rapidly for community networks than big cable firms because the big firms demand a bigger margin. Further, we see that Verizon has been sneaking its price increases into things like the router rental fee, as Comcast and most providers have long done. At one point, renting the Comcast modem cost me $2, then $5, now $7, and in some places $9 I hear. Per month. I bought my own now - took less than a year to payback. But my bill has gone up even more since then, so I didn't gain much. Now Verizon is even charging for battery backup units:
In addition to price hikes, promotion cuts, the new gateway rental fee and the activation fee, Verizon also recently started charging users for the backup batteries in their ONT units, first charging users for backup battery replacement, then charging users to get any backup battery in the unit to begin with.
Anytime you hear someone arguing that munis should only be able to build their own networks where the private sector absolutely refuses, recall that community owned networks are not simply a consolation prize, they are often superior. Better customer service, lower rates over the long term, and more likely to invest in upgrades as needed - there is no good reason to condition this investment on the refusal of some other distant company to provide an inferior alternative.

Over the Top Video: A Peak or a Path Forward?

About six months ago, I was quite bullish on advances in over-the-top (OTT) video making it easier for communities to build fiber networks because they would no longer have to deal with the challenges of securing and delivering traditional cable television channels. I explored these challenges in a recent post. OTT video includes Hulu, Netflix, Apple TV, and similar services that deliver video content over your broadband connection, ideally to your television. Last summer, we were anticipating more devices and services that would expand OTT options. In the time since, I have been disappointed. There have been advances - the Google Chromecast dongle works well (if you have a good Wi-Fi signal near your TV - no ethernet option unfortunately). But Chromecast works with a limited suite of video services. Hulu works well enough, but seems to have fewer shows that I want to watch available on Hulu plus. Also, Comcast owns it and won't always be shackled by the temporary conditions it agreed to in order to secure permission to buy NBC Universal. Aereo continues to be a very interesting model but will be fighting in the courts for awhile yet, creating an air of uncertainty over its future. Additionally, its business model hurts public access media (locally produced content), which often depends on franchise fees that Aereo and broadband providers don't have to pay. On the other hand, Aereo solves the problem of getting sports programming over the top and that is a big deal. We had high hopes for an announcement from Intel that it would begin marketing a service offering television channels over the top but it ran into the steep barriers to entry we have previously noted. Now the Intel effort is dead to us: Verizon has purchased it.

Network Neutrality Decision and Importance of Community Owned Networks

In a decision announced a few hours ago, the DC Circuit of Appeals has largely ruled against the Open Internet, or network neutrality. These are rules established by the Federal Communications Commission to prevent massive ISPs like Comcast and AT&T from degrading or blocking access to certain sites on the Internet. Decision here [pdf]. The goal is to prevent these big firms from being able to discriminate - to pick winners and losers. For instance, Comcast could charge subscribers an extra $10 per month to access Netflix while not charging to visit similar sites that it owns. The rules were intended to prevent that. However, the FCC has a history of decisions that have benefited big telecom corporations more than citizens and local businesses. Those decisions limited how it can protect the public interest on matters of Internet access. This court decision decided that the way the FCC was attempting to enforce network neutrality was not allowed because of how it has decided to (de)regulate the Internet generally. In essence, the FCC said that it didn't want to regulate the Internet except for the ways it wanted to regulate the Internet. And the Court said, somewhat predictably, that approach was too arbitrary. Moving forward, the FCC has the power to enforce this regulation, but it will have to change the way the Internet is "classified," in FCC lingo - which means changing those historic decisions that benefited the big corporations. Groups like Free Press are pushing to make this change because it will ensure the FCC has the authority it needs to ensure everyone has access to the open Internet. The lesson for us is that communities cannot trust Washington, DC, to ensure that residents and local businesses have universal, fast, affordable, and reliable access to the Internet. Communities should be investing in themselves to build networks that are accountable to the public and will not engage in anti-consumer practices merely to maximize their profits. Such behavior is inappropriate on matters of essential infrastructure. Even if the FCC now gets this right and protects the public interest, that may last only as long as this FCC is in power.