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Kansas Anti-Competition Bill Authored by Cable Lobbyists

We learned a lot today about the anti-competition bill (SB 304) in Kansas to limit Internet network investments. Ars Technica's Jon Brodkin discovered the source of the bill, the Kansas Cable Telecommunications Association:
That's a lobby group with members such as Comcast, Cox, Eagle Communications, and Time Warner Cable. The bill was introduced this week, referred to the Committee on Commerce, and scheduled for discussion for Tuesday of next week.
That hearing will now be delayed as the cable lobbyists strategize on a bill that less transparently serves only their interests. As usual, we see the cable lobbyists claiming that municipal networks use taxpayer dollars, despite the reality that most do not. Much of what I see in Kansas points to Time Warner Cable being behind this - a lame attempt to stop Google Fiber using lobbying power rather than innovating and investing. However, the bill has tremendously negative implications for rural Kansas because local governments are often the only entities that care if their communities have the Internet access they need in the modern economy. It stretches credulity to think Kansas would pass a bill that would prevent Google from expanding its network in the region.

Businesses Mount Opposition to Anti-Competition Cable Bill in Kansas

In a very quick turnaround, a number of prominent companies have signed on to a letter opposing the Kansas bill to block competition for existing Internet providers, like Time Warner Cable. Firms signing the letter sent to the Commerce Committee include Alcatel-Lucent, American Public Power Association, Atlantic Engineering Group, Calix, CTC Technology & Energy, Fiber to the Home Council, Google, National Association of Telecommunications Officers and Advisors, OnTrac, Telecommunications Industry Association, Utilities Telecom Council. The Committee will hear the bill on Tuesday morning. We understand that no recording or live streaming is planned.

Update: When originally posting this, I failed to credit Jim Baller - who organized the letter and works to preserve local authority, so communities themselves can decide whether a network is a wise investment.

Early Reactions to Anti-Competition Broadband Bill in Kansas

Following the introduction of SB 304 to limit investment in Internet networks in Kansas, which we covered on Tuesday, we saw some early reactions from those who fear the bill will effectively stop new investment in networks, much to the benefit of the big cable and telephone companies already providing service. We quickly saw a new Facebook page - Kansans for Broadband Access - and a related website by the same name. In Chanute, a rural community with an impressive municipal network serving businesses and anchor institutions, the local paper covered overwhelming disapproval.
The city opposes the bill because it’s legislation that allows lawmakers in Topeka to define what local communities can or cannot do. “It’s about home rule, local choice,” Chanute Utilities Director Larry Gates said. “It’s not about what happens in Topeka.”
And a local business weighed in, noting that the City service is essential because the private providers have refused to upgrade and offer modern services:
Phil Jarred of Jarred Gilmore & Phillips PA said the two private companies providing internet services, CableOne and AT&T cannot meet the needs his business requires. “Both services are not fast enough,” Jarred said. “It costs us too much not to have the fiber optics.”
Stacey Higginbotham at GigaOm noted that it curiously bans both municipal networks and the types of partnerships that Google and Kansas City formed, finishing with "it looks like incumbent providers are fighting back with politics." This is nothing new of course - companies have sought for years to protect their businesses with laws limiting the competition rather than investing or being innovative. But when it comes to an essential infrastructure, we should be particularly careful.

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.

Seattle, Gigabit Squared, the Challenge of Private Sector Cable Competition

This the second in a series of posts exploring lessons learned from the Seattle Gigabit Squared project, which now appears unlikely to be built. The first post is available here and focuses on the benefits massive cable companies already have as well as the limits of conduit and fiber in spurring new competition. This post focuses on business challenges an entity like Gigabit Squared would face in building the network it envisioned. I am not representing that this is what Gigabit Squared faced but these issues arise with any new provider in that circumstance. I aim to explain why the private sector has not and generally will not provide competition to companies Comcast and Time Warner Cable. Gigabit Squared planned to deliver voice, television, and Internet access to subscribers. Voice can be a bit of hassle due to the many regulatory requirements and Internet access is comparatively simple. But television, that is a headache. I've been told by some munis that 90% of the problems and difficulties they experience is with television services. Before you can deliver ESPN, the Family Channel, or Comedy Central, you have to come to agreement with big channel owners like Disney, Viacom, and others. Even massive companies like Comcast have to pay the channel owners more each year despite its over 10 million subscribers, so you can imagine how difficult it can be for a small firm to negotiate these contracts. Some channel owners may only negotiate with a provider after it has a few thousand subscribers - but getting a few thousand subscribers without good content is a challenge. Many small firms (including most munis) join a buyer cooperative called the National Cable Television Cooperative (NCTC) that has many of the contracts available. But even with that substantial help, building a channel lineup is incredibly difficult and the new competitor will almost certainly be paying more for the same channels as a competitor like Comcast or Time Warner Cable.

White Space Pilot Project Brings Basic Internet From Library to Residents … For Free!

The Gigabit Libraries Network (GLN) has orchestrated a pilot project to optimize white space technology for connectivity in and near community libraries and schools. We discussed this approach on our most recent podcast with Don Means, coordinator of the project.

White spaces wireless, sometimes referred to as "Super Wi-Fi" or "TVWS," can provide limited access in rural areas with limited funds and limited connectivity options. The technology is still in the development stage but creative people working in community libraries are finding new ways to use it.

GLN's goal is to bring next generation connectivity to all 16,000 libraries in the U.S. The organization grew out the 2007 "Fiber to the Library" Campaign from the Community TeleStructure Initiative. The initiative is a collaboration of institutions of higher education, corporations serving the higher education technology market, and related entities. GLN advances the idea that anchor networks, like those at the library, are cost effective ways to serve populations and to create middle mile access.

"White spaces" are the unlicensed low-frequency spectrum that was reserved for television signals prior to digitization of television. (If you are REALLY old, like me, you remember the "UHF" and "VHF" dials on the ol' black-and-white.) As we transitioned to digital TV, the spectrum was abandoned. White spaces differ from traditional point-to-point wireless spectrum because they do not require a line of sight. Buildings, trees, or other obstacles do not stop the signals. Thurman, New York, and New Hanover County in North Carolina use white space technology for limited Internet access in their areas.

NATOA Keynote Panel Discusses Role of Local Governments in Improving Internet Access

In September, I joined the keynote lunch panel at the annual NATOA Conference to discuss what local governments can do to improve Internet access. Joanne Hovis moderated a discussion between Rondella Hawkins of City of Austin, Milo Medin of Google, and myself.

I have embedded the video below so it starts with the panel discussion. However, if you go back to the beginning, you will also be able to watch the annual award presentations, including one to Longmont in Colorado, as well as Milo Medin's 10 minute presentation prior to this panel discussion.

We discuss many important issues, particularly the various actions local governments can take to either build their own networks or to make the community more tempting to others who might build a network.

Comcast Reacts to Google Fiber in Provo

The sale of iProvo to Google Fiber means that Comcast now gets to compete against Google's gig - Time Warner Cable is the incumbent cable company in Kansas City and Austin. Comcast wasted little time and has improved its bundle in Provo long before any new customers are turned on. The Free UTOPIA blog recently reported that Comcast, in response to the incoming competition, is increasing speeds. Jesse writes:

Competition is good, and Comcast is just now proving it. I spoke with one of their sales guys who confirmed that Comcast will be offering a package of 250Mbps/50Mbps for $70 starting in September, but only in Provo. (Sorry, everywhere else.) This is in direct response to Google Fiber coming to town and will include a new modem with a built-in 802.11ac router to take advantage of the speed bump. It’s unknown if this speed tier will land in any other cities in the future.

This is yet another story proving that having a fiber network in your town benefits everyone, not just subscribers.

This is compelling evidence that markets with only choices between DSL and cable are not sufficiently competitive, regardless of what wireless options are available. When threatened with a competitor that it cannot harm with its legions of lobbyists in the state capital or the threat of predatory pricing, Comcast responds with investment and lower prices. Regulators should take note.

Consultant Argues Never Used Financing Mechanism Also Won't Work in Palo Alto

I was troubled to see Broadband Communities publish an odd and misleading story about Palo Alto in the May-June issue [pdf]. Authored by Stephen Blum of Tellus Venture Associates, a consultant that has been hired by Palo Alto in the past, it showed a remarkable level of ignorance about community owned fiber networks and broadband more generally. The title alone, "Can FTTP Work in Palo Alto?" is just odd. Why exactly would FTTP not work in Palo Alto? It works in hundreds of other cities and towns, most of whom are less well positioned than Palo Alto for such a venture. A more honest title would have been "Consultant Argues Never Used Financing Mechanism Also Won't Work in Palo Alto." Blum made a very good case for that narrow argument but fails to lay out any convincing evidence that a variety of other models are doomed. Parts of the article can only be called cable and DSL boosterism - such as repeating the talking point that AT&T's U-Verse and Comcast already offer "high levels of service at competitive rates." Competitive to what? Neither can deliver the speeds offered by modern fiber networks and are only "competitive" if one ignores the much slower upstream speeds, higher prices, lesser reliability, problems of oversubscription, and poor customer service one gets from those providers. Reminds me of "Slick Sam" from Lafayette and the "functional equivalence" between DSL and FTTH.
Blum apparently knows better - that Palo Alto residents are "happy" with the existing services because they have not spontaneously marched down El Camino Real demanding faster speeds at lower prices. This is the wrong measure - reminiscent of the now oft-quoted Henry Ford line that if he asked people what they wanted, they would have said "faster horses." The number of specific errors in this piece are many, and have been well documented by those familiar with the history of Palo Alto's studies. I want to focus on just a few. Let's start here:
Overall, 79 percent of households would have to pay $3,000 apiece to fully fund FTTP construction costs.
YIKES! Cue the foreboding music! Palo Alto has something like 25,000 households.