After the Federal Communications Commission (FCC) five member board voted along party lines to roll back Net Neutrality regulations last month, it wasn’t surprising to see some major Internet Service Providers (ISPs) trot out rate increases soon afterward. The new regulatory structure doesn’t take effect until 60 days after it is published in the Federal Register, which may take a few more weeks while the FCC completes final edits to the paperwork, but companies like Comcast just couldn’t wait. Meanwhile, in another predictable outcome of the end of Net Neutrality, over 20 states have started instituting their own rules in an effort to adhere to the old guidelines, while also suing the FCC to prevent it from trying to impose its new rules within each state.
This comes down to regulating interstate commerce in the form of communications companies, which is the only reason for federal agencies such as the FCC to exist. It will all have to be sorted out in the courts, and that could take years and many millions of taxpayer dollars, all because FCC Chairman Ajit Pai turned a deaf ear to the majority of Americans while he listened very closely to his corporate masters, such as at Verizon, where he worked as a corporate lawyer before being appointed to the FCC by President Barack Obama, at the behest of Senator Mitch McConnell (R-KY).
“Reinstate Net Neutrality” sign at the January 20, 2018, Women’s March in downtown Los Angeles, California. Photo by Cory Doctorow.
There have been noises from Congress about legislating Net Neutrality, or a semblance of it, once and for all, thereby stripping the FCC of its bouncing ball regulations. Even if one of these measures manages to squeak by with enough votes in Congress, it will then cross the whistle-clean desk of Supreme Leader, who after all is the one who elevated Ajit Pai from FCC board member to chairman, most likely with the express purpose of encouraging him to gut Net Neutrality for the benefit of corporate giants. Supreme Leader will veto any legislation that undercuts his man at the FCC, and there will not be enough votes in Congress to override his veto, since that would require the votes of two thirds of the members.
In that case, it appears everyone will have to get used to paying through the nose for broadband internet service in areas of the country where there are only one or two providers, which is to say most areas. Consumers could pay less in a tiered system for service at the speed of dial-up, which is what the FCC has opened the door to now. Instead of being regulated like utilities, which must provide similar service to all consumers universally, the ISPs will be regulated like cable television companies, a business some of them have also been in for years.
The problem vexing consumers is that they usually have few choices for providers of these services, although they have slightly more choices than they do when it comes to their electric service. Still, in a market with limited competition, the advantage lies entirely with the unregulated company that is unfettered to charge whatever it can squeeze from captive consumers. Take it or leave it.
“Wildflowers”, the title song of Tom Petty’s (1950-2017) solo album from 1994.
The last area where ISP giants are working to complete their cornering of the market is in the contest over municipal broadband services, which are usually public/private partnerships between municipalities and smaller ISPs, where the municipality provides some infrastructure and subsidies, and the private company provides the hardware, operations, and maintenance. Municipal broadband often provides better service and better rates to consumers than they can get from the big companies, and is likely to provide service to poor and rural consumers who otherwise would have no service options. No wonder the big companies are intensively lobbying state and local officials to choke off municipal broadband. It appears their greed compels them to throttle competition and now, at their discretion, some services to their customers.
— Techly
“Better to light a candle than to curse the darkness.” ― the Rev. William L. Watkinson*(1838-1925)
The nonprofit organization Fight for the Future has set up a website called Comcastroturf which allows people to check if their name has been used surreptitiously to file anti net neutrality comments with the Federal Communications Commission (FCC). The FCC had recently opened up a public comment period in anticipation of rolling back net neutrality regulations, and within a short time they were inundated with anti net neutrality comments which appeared to be generated by Internet Service Provider (ISP) astroturfers from hijacked subscriber lists. Comcast threatened Fight for the Future with a lawsuit, from which they have since backed down after it appeared obvious even to them that it was a tone deaf public relations debacle. They blamed the company they outsource their brand defenses to for excessive vigilance.
Let there be light; photo by Flickr user Arup Malakar, taken in the Kamakhya Temple, a shakti temple on the Nilachal Hill in the western part of Guwahati city in Assam, India.
It’s clear from new FCC Chairman Ajit Pai’s remarks on net neutrality that he does not support the FCC net neutrality regulations adopted in 2015. Since the rest of the now Republican controlled board of commissioners will most likely go along with him when they vote on the regulations in September, the public comment period appears to be a mere formality. That apparently hasn’t deterred the ISP industry from feeling the need to generate a phony campaign to support the anti net neutrality commissioners. Perhaps they were concerned about the pro net neutrality campaign of John Oliver. Now Comcast and other industry giants have egg on their faces, and Chairman Pai has not escaped squeaky clean either, as he has declined to question the validity of the astroturfed comments, while distracting the attention of the public by complaining about mean tweets.
There are customers of Comcast who complain endlessly about the company’s high prices and lackluster, even adversarial, customer service, yet those customers do little or nothing to explore alternatives to Comcast. They sit grumbling in the dark and won’t lift a finger to light a candle. Such people do a disservice to themselves, but since they seem to be satisfied with that in a masochistic way, the rest of us are left having to listen to their grousing while they do nothing to improve their situation. That shouldn’t be a problem for those of us who can get out of earshot, though in the broader perspective it is those dissatisfied but immovable customers of Comcast who grant the company its monopolistic power in the marketplace, and that’s a problem for everyone because it limits affordable options as smaller companies struggle to establish themselves when confronting the obstacles thrown at them by industry giants and the legislators and regulators they have in their pockets.
Comcast and companies like it might behave better if they started experiencing mass defections. Comcast has been losing subscription television customers, while increasing broadband customers. Cord cutting does not affect Comcast’s bottom line if the customers doing so are merely moving their dollars from one part of the service to another. City dwellers and suburbanites have more options for internet service than people in the countryside, and so they have fewer excuses for continuing with Comcast even while they dislike the company intensely. Ultimately the choice comes down to a decision about what to give up, at least in the short term. Even without streaming video, life goes on. For the majority of the Earth’s inhabitants, the whining of some Americans about how to get along without access to each and every National Football League (NFL) game over either the internet or subscription TV, or the latest “must see” TV series, must appear ingloriously obtuse and selfish. These companies have too much power because we have given it to them. It’s like being abused in a relationship and not working to free yourself because you can’t imagine life any other way. Who knows, life untethered from the Comcast umbilical cord could be better than you think.
― Techly
Pigeon Point Lighthouse, south of San Francisco, California; photo by Diedresm.