But our merger with DirecTV was totally fine, AT&T says.
Source: AT&T blasts cable mergers, says cable companies should compete instead | Ars Technica
But our merger with DirecTV was totally fine, AT&T says.
Source: AT&T blasts cable mergers, says cable companies should compete instead | Ars Technica
Reports today in the New York Times and ProPublica confirm what EFF’s Jewel v. NSA lawsuit has claimed since 2008—that the NSA and AT&T have collaborated to build a domestic surveillance infrastructure, resulting in unconstitutional seizure and search of of millions, if not hundreds of millions, of Americans’ Internet communications.
Gramm attributed anger at CEOs like Edward Whitacre (who actually got $158 million) to “the one form of bigotry that is still allowed in America … bigotry against the successful.”
Every month Google receives dozens of millions of DMCA takedown requests from copyright holders, most of which are directed at its search engine.
However, with Google Fiber being rolled out in more cities, notices targeting allegedly pirating Internet subscribers are becoming more common as well.
These include regular takedown notices but also the more controversial settlement demands sent by companies such as Rightscorp and CEG TEK.
Instead of merely alerting subscribers that their connections have been used to share copyright infringing material, these notices serve as automated fines, offering subscribers settlements ranging from $20 to $300.
The scheme uses the standard DMCA takedown process which means that the copyright holder doesn’t have to go to court or even know who the recipient is. In fact, the affected subscriber is often not the person who shared the pirated file.
To protect customers against these practices many ISPs including Comcast, Verizon and AT&T have chosen not to forward settlement demands. However, information received by TF shows that Google does take part.
Over the past week we have seen settlement demands from Rightscorp and CEG TEK which were sent to Google Fiber customers. In an email, Google forwards the notice with an additional warning that repeated violations may result in a permanent disconnection.
“Repeated violations of our Terms of Service may result in remedial action being taken against your Google Fiber account, up to and including possible termination of your service,” Google Fiber writes.
The FCC’s net neutrality rules don’t even go into effect until June 12, but they’re already benefiting consumers. You’ll recall that the last year or so has been filled with ugly squabbling over interconnection issues, with Level 3 accusing ISPs like Verizon of letting peering points congest to kill settlement-free peering and drive Netflix toward paying for direct interconnection. But with Level 3 and Cogent hinting they’d be using the FCC’s new complaint process to file grievances about anti-competitive behavior, magically Verizon has now quickly struck deals with Level 3 and Cogent that everybody on board appears to be happy with.
And it’s not just Verizon; Level 3 also quickly managed to strike a new interconnection deal with AT&T, and Cogent CEO Dave Schaeffer recently proclaimed Comcast has also become suddenly more amicable of late, turning on ports for capacity quickly and when needed. Comcast, like AT&T and Verizon, has also suddenly announced a new interconnection deal with Level 3 Comcast says it was “delighted” to sign.
That players in the transit and ISP space are suddenly getting along so wonderfully when ISPs insisted net neutrality rules would result in the destruction of the Internet is nothing short of miraculous. It’s almost as if the FCC’s new net neutrality rules are already benefiting consumers, companies and a healthy internet alike!
The Senate today is holding a key procedural vote that would allow the Trans-Pacific Partnership to be “fast-tracked.”
So who can read the text of the TPP? Not you, it’s classified. Even members of Congress can only look at it one section at a time in the Capitol’s basement, without most of their staff or the ability to keep notes.
But there’s an exception: if you’re part of one of 28 U.S. government-appointed trade advisory committees providing advice to the U.S. negotiators. The committees with the most access to what’s going on in the negotiations are 16 “Industry Trade Advisory Committees,” whose members include AT&T, General Electric, Apple, Dow Chemical, Nike, Walmart and the American Petroleum Institute.
The TPP is an international trade agreement currently being negotiated between the US and 11 other countries, including Japan, Australia, Chile, Singapore and Malaysia. Among other things, it could could strengthen copyright laws, limit efforts at food safety reform and allow domestic policies to be contested by corporations in an international court. Its impact is expected to be sweeping, yet venues for public input hardly exist.
Industry Trade Advisory Committees, or ITACs, are cousins to Federal Advisory Committees like the National Petroleum Council that I wrote about recently. However, ITACs are functionally exempt from many of the transparency rules that generally govern Federal Advisory Committees, and their communications are largely shielded from FOIA in order to protect “third party commercial and/or financial information from disclosure.” And even if for some reason they wanted to tell someone what they’re doing, members must sign non-disclosure agreements so they can’t “compromise” government negotiating goals. Finally, they also escape requirements to balance their industry members with representatives from public interest groups.
The result is that the Energy and Energy Services committee includes the National Mining Association and America’s Natural Gas Alliance but only one representative from a company dedicated to less-polluting wind and solar energy.
The Information and Communications Technologies, Services, and Electronic Commerce committee includes representatives from Verizon and AT&T Services Inc. (a subsidiary of AT&T), which domestically are still pushing hard against new net neutrality rules that stop internet providers from creating more expensive online fast-lanes.
And the Intellectual Property Rights committee includes the Recording Industry Association of America, the Pharmaceutical Research and Manufacturers of America, Apple, Johnson and Johnson and Yahoo, rather than groups like the Electronic Frontier Foundation, which shares the industry’s expertise in intellectual property policy but has an agenda less aligned with business.
The revolving door in Washington, DC, allows lobbyists to become regulators and vice versa, and there may be no better example than the Federal Communications Commission.
FCC Chairman Tom Wheeler (a Democrat) is the former CEO of the cable industry’s top lobbying group, while the current head of the cable lobby—Republican Michael Powell—used to be the FCC chairman. Though they have held the same jobs, Wheeler and Powell are at odds over how to regulate Internet service, with Powell, as CEO of the National Cable & Telecommunications Association (NCTA), leading the charge against his former agency.
More than a decade ago, Powell as FCC chairman ensured that broadband providers would not be regulated as common carriers, a decision that Wheeler essentially reversed this year when the FCC reclassified broadband as common carriage in order to impose net neutrality rules.
Like so many other incumbent ISPs, Time Warner Cable has grown all-too comfortable with the lack of broadband competition it enjoys across most of its territory. Some markets are worse than others, usually not-coincidentally directly tied to the level of regulatory capture in a region. In the Carolinas, the company has worked tirelessly to protect its regional monopoly and duopoly, passing a bill in North Carolina (on the fourth try) preventing towns and cities from improving regional broadband. Company execs have also downplayed the rise of gigabit broadband, proudly informing users they don’t really want faster, cheaper services.
Now Time Warner Cable is facing the worst-case scenario for a government-pampered duopolist. One, the FCC has moved to pre-empt Time Warner Cable’s protectionist law in North Carolina, arguing it hinders the deployment of broadband services in a reasonable and timely basis. Two, Google Fiber recently announced it will be expanding $70, gigabit services (you know, the ones users don’t need or want) into Raleigh, Durham and Charlotte sometime in the next year. The one-two punch of regulators thinking independently and increased competition has to be a nightmarish hellscape for company executives.
Time Warner Cable has of course responded by announcing it is increasing speeds in Charlotte and Raleigh six fold (to 300 Mbps) at no additional charge sometime this summer
Got a data cap on your smartphone? You should be grateful, according to an opinion piece that Verizon Wireless published on Friday.
“Let’s face it, if everyone had unlimited data and used it fully, the performance of the networks would suffer because of bandwidth restrictions and the ‘shared resource’ nature of wireless,” industry analyst Jack Gold, founder of J. Gold Associates, wrote in an article titled “The Lure of Unlimited Wireless Data—Is It Necessary?”
Gold went on to write that customers have shifted high-bandwidth activities to Wi-Fi networks, where usage doesn’t count against cellular data caps, and that “users are very well served by current wireless data plans, and really don’t require more. So, while unlimited data may sound attractive, there is no practical effect of data limits on the majority of users.”
As part of a last ditch effort to derail the FCC’s net neutrality rules, you might recall that Senator John Thune and Representative Fred Upton earlier this year pushed an amendment to the Communications Act that they professed would codify net neutrality into law as part of a “bipartisan” proposal crafted after a painstaking public conversation. What the ISP-dictated amendment actually did was effectively gut FCC authority, pushing forth net neutrality rules significantly weaker than the already-flimsy 2010 rules Verizon sued to overturn.
Thune, Upton and the mega ISPs hoped their effort would go something like this: table some incredibly weak net neutrality rules under the pretense of consumer welfare, make a few minor concessions, then pass a still-flimsy amendment that would have killed the Title II push in the cradle. The problem is that most neutrality supporters in Congress saw this fairly-shallow ploy for what it was (or at the very least feared the wrath of a SOPA-fueled internet grassroots community). As such, Thune and Upton have had trouble getting neutrality supporters to sign off on the idea — especially without the help of fellow Senate Commerce Committee member Bill Nelson:
“On Wednesday, (Nelson) reiterated what he’s been saying for weeks: That he’s open to working with Republicans on a “truly bipartisan” bill aimed at preventing Internet providers from speeding up, slowing down or blocking Web sites. But he’ll only cooperate, he said, “provided such action fully protects consumers, does not undercut the FCC’s role and leaves the agency with flexible, forward-looking authority to respond to the changes in this dynamic broadband marketplace.”
Except that’s not happening, because that’s precisely what Thune and friends don’t want. Enter Verizon, who like AT&T and Comcast, has been desperately trying to gut FCC authority for years (and had been succeeding until recently). While Verizon did sue to overturn the 2010 rules, it wasn’t the rules themselves the telco was taking aim at (after all, it co-wrote them, and the rules had the full support of companies like AT&T and Comcast). Verizon hoped a legal win would not only gut the rules, but also FCC authority moving forward. That backfired spectacularly, given the FCC only shifted to Title II after Verizon’s lawsuits repeatedly showed you can’t regulate ISPs like common carriers — without first declaring they’re common carriers. The entire shift to title II is, quite literally, thanks to Verizon.
Fast forward to this week, and Verizon CEO Lowell McAdam fired off a letter to Thune, Upton and the other leaders of the House and Senate Commerce committees (pdf), urging Congress to take the reins and
punish the FCC for standing up to wealthy broadband companiesbegin updating “outdated and broken” telecom law. To hear Verizon’s version of history, everything was going great until the FCC came along and decided to destroy the Internet:“The broadband and mobile markets are America’s greatest ongoing success stories: 20 years of bipartisan light-touch policy consensus has led to more than $1.2 trillion in private investment, resulting in a transition from 128 kilobit dial-up connections and analog wireless voice networks in the late 1990’s to today’s near-ubiquitous 4G mobile data coverage and fixed broadband networks capable of streaming simultaneous HD movies. The FCC claimed it was addressing concerns about an open Internet, something that Congress could and can – address with clarity and finality in a two-page bipartisan bill. Instead, the FCC went far beyond open Internet rules, engaging in a radical and risky experiment to change the very policy that resulted in the United States leading the world in the Internet economy.”
Like Thune and Upton, McAdam continues to bandy around the word “bipartisan” when what they’re actually pushing is anything but. In short, Verizon wants the FCC’s authority gutted and all policy making moving forward under the authority of a Congress slathered in telco lobbying cash. Not only does McAdam want Congress to push flimsy net neutrality rules, Verizon is pushing hard for a total rewrite of the 1996 Telecom Act — because the Title II rules Verizon’s successfully used to build a massive wireless empire are “outdated and broken”:
“At its root, these are all symptoms of a problem: the existing legal regime and its accompanying regulatory processes are outdated and broken. Congress last established a clear policy framework almost 20 years ago, well before most of today’s technology was even developed. As a result, regulators are applying early 20th century tools to highly dynamic 21st century markets and technologies. Inefficiencies and collateral damage are inevitable. It is time for Congress to re-take responsibility for policymaking in the Internet ecosystem.”
And by “take responsibility,” Verizon actually means it’s time for Congress to take Verizon campaign contribution cash and write new laws ensuring that broadband industry regulators have the strength of babies, the freedom and authority of an asylum inmate, and the budget of a high-school prom committee.
The real irony of course is that regulators wouldn’t keep intervening in Verizon’s market if the telco didn’t consistently engage in behavior that made it necessary. Again, the FCC only shifted to Title II after Verizon sued to overturn its 2010, industry-friendly net neutrality rules. Similarly, the entire net neutrality conversation wouldn’t be happening if Verizon didn’t have a long, proud history of trying to block every technological innovation it deemed a threat. If Verizon’s honestly looking to affix blame for the regulatory policy chaos of the last few years, it doesn’t have to look very far.