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September 15, 2009 11:33 AM

The Problem With America's Do-Nothing Broadband Attitudes/Policies

While germinating for a while, it recently dawned on me what the central challenge to crafting effective broadband policies is: the do-nothing attitudes of most of America's broadband players.

This line of thinking was set off by reading Blair Levin's truly tremendous speech that he gave recently to the Free State Foundation calling for more robust and reasoned debates surrounding broadband policies. Essentially he was lamenting the prevalence of past dogma limiting new lines of thinking in broadband policy discussions.

That struck right at the heart of this core challenge I alluded to above.

On one side you have incumbents, private operators with existing network assets that for the most part are hugely profitable in today's broadband paradigm. Their do-nothing attitude stems logically from the perspective of not wanting to disrupt the good thing that they've got going. The only changes they seek are those that improve their bottom line, and they'll fight anything that they perceive as potentially harming their profitability.

On the other side you have public interest groups, organizations dedicated to making sure America's broadband infrastructure supports the needs of its citizens. These entities tend to not be satisfied with the state of today's broadband, instead wanting bold, aspirational goals to be set, the kind that can help America recapture its position among the world's broadband leaders. But while they want to see lots of action happen, their do-nothing attitude stems from the fact that the big goals they espouse rarely come with specific plans for how to achieve them. Also, they resist any changes that are perceived to increase the profitability of incumbent providers since they consider them at fault of America's current broadband plight.

Then of course you do have some people like myself in the middle, who see that there's truth to both sides, and that are focused on trying to make sure something tangible is getting accomplished.

The challenge is how can we make real progress when the two cornerstones of broadband policy discussions are taking do-nothing stances?

Making these do-nothing mindsets all the more frustrating is that they're preventing the two sides for recognizing that by taking actions that while on the surface may seem objectionable can in reality help everyone realize a better future.

For example, incumbents are totally against government subsidizing any network buildouts that might introduce competition to legacy, private networks. While there are legitimate questions to be answered about the appropriateness of government competing with private enterprise, what incumbents fail to realize is that the building of open fiber networks could be a boon for their businesses. Imagine not having to spend any more money having to upgrade your physical infrastructure in the field. Imagine being able to reach all new customers without having to pay to put another wire in the ground. That's what open fiber networks allow for. But the problem is incumbents perceive these networks as nothing more than government-sponsored competitors, and as a result they can't accept that tacking action to deploy these networks will produce benefits for them.

On the other side, it's hard to talk about any measures that would increase incumbent profitability without getting upbraided by the public interest community. Take net neutrality as an example. No one will argue with the fact that network operators shouldn't be allowed to intentionally slow down some traffic to favor others. But when incumbents talk about wanting to offer opportunities to speed up traffic, they're decried for wanting to squeeze more profit from their networks and for wanting to destroy the openness of the Internet. While I'm not trying to claim that net neutrality is as simple as this, what's troubling is that those who support the public interest's agenda can't seem to open their eyes to possibilities like rules that would give operators free rein to at least try out offering prioritized access lanes before setting in stone rules around how that would work, so long as they pledge to reinvest a certain portion of those profits into upgrading the open capacity of their networks.

Taking this discussion back to a high level, I think it's important for everyone to understand that the time for do-nothing broadband policies has passed. The FCC's in the process of writing a national broadband plan that Blair Levin clearly wants to be aimed at doing something, at producing tangible results. What's in flux is what needs to be done and how we should do it.

So I'd suggest to incumbents to stop assuming that the only good action is inaction, because otherwise they risk having no direct impact on this process of crafting a national broadband plan other than being seen as obstructionists.

And to the public interest community, it's time to get our act together and to turn our big ideas into concrete, actionable plans. We don't need more rhetoric, we need to have specific suggestions for the steps government should be taking to move our country's broadband future forward.

The opportunity's wide open for all players to directly influence the shaping of a national broadband plan that America can be proud of, but the only way to achieve true progress is to put aside the do-nothing mindset and start working towards building an action-oriented plan.

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Comments (6)

Well, actually, I tend to find that when I read Free Press and Public Knowledge comments to the FCC, I find a rather concrete and actionable plan.

Posted by christopher mitchell on September 15, 2009 5:16 PM

good point, Chris.

i didn't mean to criticize any particular organization. just point out that there's often a sense among decisionmakers that those pushing for more aspirational policies tend not to have clear, concrete plans for achieving those goals.

even if the perception isn't true, it's still there and is something that we must overcome.

Posted by Geoff Daily on September 15, 2009 5:19 PM

According to Broadband Properties' interactive database http://www.bbpmag.com/search.php 74 municipalities have implemented FTTH networks in their communities. The efforts of these municipalities are a good example of not settling for doing nothing. Many more municipalities should be inspired by their example.

Here are some suggestions for concrete, actionable plans:

1) Congress should pass a law saying, "No State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of municipalities to provide any interstate or intrastate telecommunications service."

(According to Supreme Court Justice Stevens,

"In §253 of the Communications Act of 1934, as added by §101 of the 1996 Act, Congress provided that '[n]o State or local statute or regulation, or other State or local legal requirement, may prohibit or have the effect of prohibiting the ability of any entity to provide any interstate or intrastate telecommunications service,' unless the State or local law is 'competitively neutral' and 'necessary to ... protect the public safety and welfare, ensure the continued quality of telecommunications services, and safeguard the rights of consumers.'" But then the Court ruled in 2004 -- Stevens dissenting -- that "any entity" didn't include municipalities.)

2) BTOP's NOFA rules should be changed so that "unserved" and "underserved" are defined relative to a "broadband" connection speed of 100 Mb/s symmetric.

3) BTOP should subsidize only systems that propose to implement connection speeds of at least 100 Mb/s symmetric.

4) BTOP should subsidize only FTTP systems. (The notion that government shouldn't ever pick technology winners and losers is nonsense.)

5) Congress could require "facilities-based" telecom providers to offer "open access" to retail service providers. (This would get around the difficulty of having to define "net neutrality" precisely.)

Posted by Jeff Hoel on September 15, 2009 7:36 PM

"... But while they want to see lots of action happen, their do-nothing attitude stems from the fact that the big goals they espouse rarely come with specific plans for how to achieve them. Also, they resist any changes that are perceived to increase the profitability of incumbent providers since they consider them at fault of America's current broadband plight. ... Then of course you do have some people like myself in the middle, who see that there's truth to both sides, and that are focused on trying to make sure something tangible is getting accomplished."

wow, Geoff. that's fairly offensive. you can't dodge that harsh of a language with the comment you gave above. i would like an apology for that level of ridiculous holier-than-thou attitude.

Posted by concerned citizen on September 15, 2009 9:05 PM

Geoff -- where is your "concrete" plan? There are folks in the public interest community doing good work before you were even born, and they've put forth a lot more useful ideas than you have.

In fact, when have you ever commented in an FCC docket?

Posted by Bukowski on September 15, 2009 9:10 PM

First off, let me apologize for giving the impression that all public interest advocates are pie-in-the-sky dreamers. In reading back through this post I definitely did speak too harshly and broadly.

Also, let me humbly ask forgiveness for giving the impression that I have a holier-than-thou attitude towards my role in this process of crafting a national broadband plan. I hold no belief that I know more than the next guy other. All I have to add is my perspective as someone who did come into these debates later in the game than most and who has tried to listen to both sides fairly.

What I was trying to say in my critique of the public interest groups stems more from what I've heard others say than what I've experienced firsthand. And I don't mean incumbents, I'm talking about government officials, and not just officials who are predisposed against the protecting the public interest in broadband policy discussions.

Most frustrating is when I hear officials who do agree with many of the ideals of the public interest community lament the lack of specifics and action plans for making them a reality. These are people that want to help but don't know how to do so.

I'm going to go into more detail on this line of thinking in a post tomorrow, but wanted to add a comment today to respond more quickly and directly to the very valid criticisms that this post has generated.

Thank you all for keeping me in check. Never hesitate to criticize anything I say that you take issue with. I'm still learning and I welcome feedback from everyone.

Posted by Geoff Daily on September 15, 2009 9:36 PM

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