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Court Ruling Points Way To Broadband Regulation

DarkHelmet writes "An article on CNET News indicates: 'A U.S. appeals court has rejected the Federal Communications Commission's request to rehear a case, in a move that could prompt local governments to regulate the cable industry.' The piece explains: 'The rejection could pave the way for municipalities to force cable companies to share their broadband Internet lines with third parties.' I personally can't wait for companies like Speakeasy to branch into the Cable Internet market and provide 10-100mbps service."

26 of 217 comments (clear)

  1. de? by dukeisgod · · Score: 4, Interesting

    Flame me if I'm wrong, but wouldn't that be de-regulation?

    1. Re:de? by unitron · · Score: 4, Insightful
      You aren't so much wrong as defining regulation too narrowly. This is about shifting the power to regulate away from the federal level to the municipal level.

      Not that I expect to have any more power to get local authorities to do as I wish than to get the federal government to do so. It'll still be about which rich guys are buddies with which other rich guys.

      --

      I see even classic Slashdot is now pretty much unusable on dial up anymore.

  2. If the cable bandwidth is shared by Anonymous Coward · · Score: 5, Interesting

    How exactly would one company be able to offer more bandwidth than another? There's still a limited amount of bandwidth available. With DSL, you can have the lines to yourself, connected to your backbone.

    1. Re:If the cable bandwidth is shared by Anonymous Coward · · Score: 4, Insightful

      uh...so what you are saying (without realizing it)

      share the bandwidth nearby

      or

      share the bandwidth, just further upstream.

      and if cables bandwidth is shared...there must be some huge headroom, because here in san antonio, sustained downloads of 375Kb/s is now possible(we had a recent speed bump)

      that's just shy of 3Megabit....faster then a T1 on the download side.

      on the other hand...DSL here, max sustained download is 140Kb/s

      so what was your point again?

    2. Re:If the cable bandwidth is shared by fatman1683 · · Score: 5, Informative

      There's a marked difference between the bandwidth a given line is physically capable of supporting, and the bandwidth your provider is actually prepared to give you.

      With DSL, the closer you are to the CO, the higher your theoretical maximum bandwidth. But, in order to maintain consistency of service, DSL providers give everyone a speed that is determined to work all the way up to the maximum theoretical distance limit for DSL.

      Cable doesn't quite work this way, for a few reasons. First, the cable TV system in the US is a fairly new network, meaning that the infrastructure itself is generally of higher quality. This is what allows cable to offer speeds superior to DSL. Second, a cable signal, being a much more powerful signal than DSL, and nearly always running on shielded lines, doesn't deteriorate near as badly over distance. Cable providers' bandwidth limits are purely marketing-driven, and don't come anywhere near the physical limits of the cable connection.

      Presumably any government regulation would require the cable provider to sell the third-party ISPs as much bandwidth as they wanted, meaning that if you were willing to foot the bill, you could max out the physical capabilities of the cable network, which is probably somewhere close to LAN speed in most places.

      --
      Look, defenseless babies!
    3. Re:If the cable bandwidth is shared by mjh · · Score: 3, Informative
      A lot of other folks have spoken to the capping of cable bandwidth, and what they're saying is true. But there's another aspect of bandwidth that I haven't seen touched yet.

      Even if bandwidth were an issue (which it isn't) it would be fairly easy to give multiple ISP's access to the infrastructure without impacting each other's bandwidth. The cable that runs into a subscribers house is divided into a bunch of channels. In my home town, channel 3 is ABC, 6 is NBC, 11 is Fox, etc. To get cable modem to work over the cable plant you need two things to happen:

      1. You need to ensure that the cable plant can transmit signals in two directions, and
      2. You need to allocate a single channel for download and a single channel for upload.
      Basically, a single ISP on the cable infrastructure needs two channels. If you want to give competitive access to the cable infrastructure, you could run the competing ISP on those same two channels, or you could allocate two completely new channels.

      Where I live, there are three ISP's running on the local cable plant. They are all running on the same two channels because there's more than enough bandwidth to accomodate them. But if there weren't it would be an easy matter to allocate a couple of unused channels to one or more ISPs and effectively double the total available bandwidth on the system.

      --
      Key to financial independence: Spend less than you earn. Save and invest the difference. Do it for a long time.
    4. Re:If the cable bandwidth is shared by BuckaBooBob · · Score: 3, Interesting

      Well your not wrong but your not 100% correct aswell :)

      Cable has Tonnes of room for Downstream (Information to the Customer).. Its the dreaded upload is where you start to run into problems on cable.. most systems I have seen have ~20ish to 40ish mzh available for upload available (If they offer Telephony services this is significantly lower aswell as any other 2 way services) some systems might only have 20-30mzh available .. it depends on what they have in the field for equipment... Upstream carriers can be as small as 900khz to as large as 6mzh.. to make life easy a 6mzh upstream carrier has just over 5-8mbit useable payload.. So that is where the bottle neck can occur... so its not upgrading fiber to the node.. its decreasing the node size is where the gain can occur... More Customers = More Revenue and when you have more revenue you should have the money to make smaller nodes.. this is where the evil shareholders come into effect to slow you down... They want Crazy profits.. You want Crazy Speed... if they spend money to make you happy then the evil shareholders don't see massive profits and are unhappy... so.. the Solution... BE A GOOD SHAREHOLDER! tell all your rich geekish friends to buy up Voting shares in the cable company and demand higher speeds over profits all the time :) and you will see your speeds soar once your in the majority :)

      --
      Who needs WiFi when we can have Packet Over Sheep! http://datacomm.org/PoS-InternetDraft.txt
    5. Re:If the cable bandwidth is shared by Sapwatso · · Score: 3, Informative

      This I do not understand. If 375Kb/s = 375,000 b/s, then how can this be more than 3,000,000 b/s?

      375KB/s would require more than a 3Mb/s connection, since 375,000*8=3,000,000 and that does not account for any overhead.

      The grandparent probably just mistyped b for bit instead of B for Byte. Download speeds are customarily measured in Bytes, and connection speeds in bits.

  3. Always a downside by Anonymous Coward · · Score: 5, Insightful

    Sure, with government regulation your cable bills will be cheaper, and your service better. Great. But once the government has latched onto this industry it'll never let go. We could soon see cable TV channels with an anti-war bias get censored off the air 'for our own good', and copy protection built right into the cable system (protected by the DMCA, naturally). Say goodbye to having non-fritz chip enabled machines (like Linux boxen) working on broadband. I hope it doesn't come to this.

    1. Re:Always a downside by Animaniac · · Score: 3, Insightful

      We could soon see cable TV channels with an anti-war bias get censored off the air 'for our own good'

      I'm really tired of hearing this slippery-slope argument of liberal outlets being eliminated if the government regulated the media infrastructure. Although there is always the chance of funny-business(TM) once the government gets involved, it's highly unlikey they would move to overtly violate first ammendment rights. If they did, the media itself (even conservative media) would be quick to create a rukus as they always look out for their own good. Grow up, believe it or not the government isn't out to get you.

    2. Re:Always a downside by mgoren · · Score: 4, Insightful

      I just want to point out the other side.. that there is also the possibility of censorship by the cable company when there is no real competition. If everyone ends up getting broadband from one cable provider or an oligopoly of a few, those providers have the ability to decide you can't run any servers, you only get x upload bandwidth, your screening of Disney's movie (if, say, the cable company buys disney) will receive a higher QOS than a movie from some other company, etc. All of these either are already happening or really could happen.

      While I certainly understand the concern about government censorship, if I'm not mistaken in this case we're talking about the government forcing the companies to allow other companies to use their pipes. While this may or may not be fair, there will be compensation (obviously the companies using the pipes will pay), and it should force competition... which is a Very Good Thing for the above reasons. And it doesn't seem likely to me that this type of regulation would cause government censorship... (the reclassification as "telecommunications" would allow government spying, but that's not really anything new.)

    3. Re:Always a downside by Lumpy · · Score: 3, Interesting

      we are also forgetting one important thing. These "local Governments" are the ones that give the monoply franchise agreements to the cable company to keep competition out. The Cable company has to pay a kickback to the city to keep it that way or even in business. NO OTHER BUSINESS is required to pay a kickback to the city... the local Menards doesn't have to pay a franchise fee directly to the city.

      Thisw is very typical in many large to small towns.... Metro areas like detroit and chicago that have more than 1 cable company can't charge these kickbacks as they know that the fed's would be all over them.

      many times a cable rate increase is attached to the city increasing their kickback amount demanded from the calbe company. but most times It's trying to increase profitability.

      The first step in making things better is to fight any franchise kickbacks your local community is getting out of the cable company and any unfair laws that allow them to have a monoply and not allow competition to come in.

      --
      Do not look at laser with remaining good eye.
  4. Nationalize it by BalloonMan · · Score: 4, Funny

    Soooo, does this mean we are (in essence) taking all the wires that the cables companies have strung by eminent domain? Not that I'm opposed to nationalizing infrastructure, but I think we ought to pay them something for their trouble. Oh wait, I've already paid for that wire ten times over with my skyrocketing cable bill.

  5. The downside of open access by Wesley+Felter · · Score: 5, Interesting

    If your ISP is different than the company that maintains the wires, they always point fingers at each other when there's an outage. People have discovered this over and over with DSL, and there's no reason to think it would be any different with cable.

    In Austin there are three cable "ISPs": RoadRunner, Earthlink, and a local one whose name I forgot. Since they all use RR's physical plant, I choose RR since there's only one company to call and one company to blame.

    The only solution to this appears to be structural separation (where the company that owns the wires is not allowed to be an ISP), but this has its own problems (like it would probably be more expensive).

  6. Cable vs Phone by Karplusan · · Score: 4, Interesting

    I was talking to a friend of mine earlier and it sounded like the Cable Broadband was about ready to do what Phone companies had to do years ago. Is it feasible, or even proper for each phone company to have it's own phone lines for it to use? If that were true, then every house would have 3 or more phone lines for the different companies your phones are on. That is worse than the current state where we have more phone numbers than people in the house. So, there was one phone company that owned all the phone lines, and then the government saw this as a monopoly and opened it up so we could afford to have more phones than people. Broadband, there has been one company that made all physical wiring, and only uses 10% of it and chokes out any competition. So the government will have to intervene and make it possible for companies to compete.

  7. Double-edged sword by sn00ker · · Score: 4, Informative
    On the one hand, you have a ruling which is potentially good for competitive offerings.
    Don't knock competition. I'd love competition in the local loop, and you guys really have no idea just how lucky you are to even have a choice of cable or DSL.

    But, on the other hand, you have a ruling which allows in the thugs of the Department of Justice. And that is a huge down side. We're all familiar with the stories of the various barely-legal taps that FBI have been indulging in under the Patriot Act. I'd be terrified at the idea that they could use that same bullshit legislation to place sniffers onto a shared medium with my 'net traffic on it.

    Still, that's a good market - Start a cable ISP that does customer-to-company encryption. That way the Fibbies can't sniff the traffic off the wire, they have to go to the trouble of getting a warrant and sniffing off a switch at your office.
    Of course, if Shrub gets elected again you can be sure that such an ISP model would be out-lawed - Entirely on the grounds of fighting terrorism, obviously.

    --
    "God, root, what is difference?" - Pitr, userfriendly
  8. 10/100 over cable? by Anonymous Coward · · Score: 5, Insightful

    With the current DOCSIS 1.0 spec, 10/100 is impossible. And due to the fact that most cable providers only support DOCSIS 1.0 right now, the only way you are going to see 10/100 to the home is over fiber... And I don't think that is going to fit into the speakeasy price plan of 19.95 a month...

  9. just talking about this . . . by lavaface · · Score: 4, Interesting
    I was talking to my friends about proposed a la carte packages after visiting comcast's web page and realizing that their starter package is 52.99. That does not include sales taxes and the inevitable fees. In that discussion, I mentioned I just want a fast data connection.

    Ultimately, everyone will be better served by competition in this market. The main reason I wanted comcast was to receive the local cable access channel. Small producers like myself are budding every day. With fast data pipes, channels could proliferate. Companies like Atom Films, Project Greenlight and the like could offer premium subscription services.

    In case the benefits of this aren't immediately obvious, let me add one feature the /. crowd can surely appreiciate -- cable porn. (yeah, yeah I know there's Spice and the like but this way, there could be an Indie Nudes or Suicide Girls Channel)

    Ultimately, producers of content could market directly to consumers. Aggregators (like current channels) could make the process easier. Expect an explosion of creativity . . .

  10. What's the point? by grumling · · Score: 4, Insightful
    If cable companies have to open up their lines, what's the difference? Your favorite ISP will just set up a domain, or maybe a mail and www server near the cable system's backbone, and charge whatever the cable company charges them + 50% retail markup. Strangely enough, it will cost about the same, have the same level of service, etc.


    You'd think that maybe we all would have learned something after the DSL fallout earlier in the decade.

    --
    "Well, good luck finding a judge that doesn't run a bestiality site."
  11. All well and good, but for infrastructure by konfoo · · Score: 5, Interesting

    Cablecos are notorious for being cheapskates. They brought us the $50 throw-away box, are unwilling to change, and charge an arm and a leg for any minor improvement. You can be sure that if they are to surrender their pipeline, that they will do the bare minimum to support any 3rd party. Sure, it may be good to have the ability to pick and choose between vendors, but ultimately someone is going to have to do maintenance on the pipe if it breaks. Hidden infrastructure and support charges will quickly kill any small service provider. They don't have the domain over the pipe, and they don't have the expertees. We tried this years back with ADSL. It was a total failure. How many of those companies are still around? None except Earthlink and a few others. The rest are.. you guessed it.. the telcos.

    1. Re:All well and good, but for infrastructure by pete6677 · · Score: 4, Informative

      There is a chance it might work if the regulatory penalties for non-compliance by the monopolies were so stiff that they would decide to comply. This is why it hasn't really worked out in the phone markets. SBC in Illinois has just been paying FCC fines for the last few years as a cost of doing business. Its worth it to them to prevent any competitor from really having a shot at serving the area. Only Verizon and MCI can even afford to try, and I doubt they make money on just the local service.

  12. Re:Whatever... by DonGar · · Score: 4, Insightful

    Who says prices are falling? In my experience they've been going up for the last couple years. Of course, comcast has moved in where I'm located.

    --
    plus-good, double-plus-good
  13. Telecommunication Act of 1996 ?? by matthewcraig · · Score: 4, Insightful

    First off, cable companies are already regulated.

    In fact, the broadband market should already be very well opened to competition through regulation. It's been many years since The Telecommunication Act of 1996 was passed to do open their markets. The question is why is it not working out like predicted? There are a few companies that are moving into very specific cable markets, like Knology. However, this act was supposed to open up all markets (telcomm, cable, wireless, satellite) to anyone who wanted to sell services over existing bandwidth.

    The fact we aren't seeing more competition can only be explained (a) if there are no interested firms, (b) if existing customers are too apathetic to new/quality services, or (c) if the regulation of the act are not being enforced. Does anyone know how the regulations of this act have played out in the past eight years in corportate practice? The article seems to indicate that FCC has been dragging their feet enforcing at least the cable market.

    As far as I can tell, the regulation of TA1996 should be more than adequate for competition, in theory. Maybe future regulation will be a federal push encouraging existing carriers to roll out broadband to rural locations, although most people have satellite out there.

  14. MPAA and CSS? by enosys · · Score: 3, Insightful
    The MPAA isn't a government agency but look what they did with CSS and the DMCA. You don't need a government to do the copy protection parts at least.

    Oh, and what bias do you want? Corporate or government? Are the networks fair and balanced now?

  15. Shared bandwidth and throttling by pedrop357 · · Score: 3, Interesting

    As my post will surely demonstrate, I'm not that familiar with how cable/DSL networks work.

    Is it possible for cable companies to use some sort of demand based throttling ie., allow me to use as much bandwidth as my line/modem will allow until others begin to do the same? If the maximum possible bandwidth for my run is something like 45mb/s, allow me to use 20 of that until other people begin to use up the remaining 25.

    Another example might be when I download ISOs. The first one d/l at ~345KB/s, when I go after the second one (different server), the first one drops down and the two seem to share the ~345KB/s, d/l at 165 and 180. When I went for the third one, they went down to ~115 each.

    Could the cable companies set minimum thresholds to determine when to throttle high b/w users?

  16. Has anyone thought of RF limitations? by Anonymous Coward · · Score: 3, Interesting

    Not that I saw in here anyway. Lets see how these things operate, shall we?

    First off, your downstream is going to be in a 6mhz channel bandwidth (thats the size of a tv channel, bandwidth wise.) Typical downstream is going to use 64 QAM, which is ~5 bits per hz. Basically ~27-28 megabits in 1 - 6mhz space. Now, if you use 256 QAM, this increases, probably around the ballpark of ~38mhz (its late, I'm tired)

    Now onto upstream. Docsis dictates either 16qam or QPSK (4 qam) for upstream rates. 16qam = 3.5 bits per hz, qpsk = 1.5 bits per hz. Keep in mind, distance can be a factor in this as well. (yes, its not just dsl anymore for distance limitations, never has been when its comes down to modulation.) So you're probably figuring, great. we have 9 megabits to play with right? Well, in transport, yes, but not with a cable modem system.
    In Docsis 1.0, most you could have for an upstream channel size is 1.6 Mhz. 1.6 Mhz * 1.5 bits/hz is going to leave you with about ~2.5 megabits.
    In Docsis 1.1, you get 16qam and ability for 3.2 mhz channel sizes, so that'll leave you with about ~8-10 megabits. Since you can only cram so-many channels into a 6mhz block for upstream, you end up being fairly limited. The only way this will substantially increase will be if Docsis 2.0 is deployed around. Docsis 1.1 and Docsis 2.0 are more fun creatures, crypto signed firmware files by manufacturers.

    Now, if you can co-lo your own CMTS(s) you can do docsis 2. Otherwise, you'll be waiting for cox/comcast/rr/whoever to upgrade their gear. I think also starting with docsis 1.1, they can make provisions in the cable modem for what vlan you'll fall into in the config file, but guess what? It won't matter what provider you have at that point if they can't co-lo their own CMTS. We'll use cox for an example. If I just have bandwidth running to them and they setup config with specifics and I'm their competition, but we're using same wire, unless its allocated different frequencies, you'll be sharing your preferred ISP w/ everyone else who uses their own ISPs. The only thing you'll really see with is maybe some dropped prices (which I'd hope) and possibly more downstream speeds. Otherwise, there just isn't the bandwidth to support it unless theres a massive upgrade to docsis 2.0, good luck seeing that in the near future. Also, if you are a cable co and maintain a cable plant + head end, you probably don't want someone else to bring their equipment in that knows nothing about the cable network, much like telco, all this needs to be engineered correctly.