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Bill Ready To Ban ISP Caps In the US

xclr8r writes "Eric Massa, a congressman representing a district in western New York, has a bill ready that would start treating Internet providers like a utility and stop the use of caps. Nearby locales have been used as test beds for the new caps, so this may have made the constituents raise the issue with their representative."

37 of 439 comments (clear)

  1. Makes sense by Icarus1919 · · Score: 4, Insightful

    Why not? They already sort of have government granted monopolies of certain areas of the country, there's very little competition, etc. Regulation would be the key to prevent a company from taking advantage of these situations to adversely hinder a user's right to consume what they have paid for.

    1. Re:Makes sense by sorak · · Score: 5, Insightful

      I'm sure there will be a loophole somewhere.

      There always will be. The difference is that, with regulation, there is a loophole somewhere. With deregulation, there are loopholes everywhere.

    2. Re:Makes sense by Drakkenmensch · · Score: 5, Insightful

      Consider that ALL other forms of communications (radio, television, telephone) are regulated by federal entities. ISPs have been getting a free pass up to this point.

    3. Re:Makes sense by Binestar · · Score: 3, Insightful

      Section 8 - Powers of Congress
      To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

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  2. Unfortunately... by whisper_jeff · · Score: 5, Insightful

    Unfortunately, it'll never happen. It'd be nice if it did but, so long as ISPs have lobbying power, which they do, it'll never come to pass.

    1. Re:Unfortunately... by ShieldW0lf · · Score: 4, Insightful

      Well if we assume for a moment that it DOES pass, then ISPs will probably hike up their rates to "deal with all the traffic" caused by the removal of bandwidth caps. Perhaps I'm being overly pessimistic, but the apparent win for consumers is likely to be short lived.

      You're living in a dream world. They are not capable of dealing with the traffic. A bunch of paper with dead peoples faces on them is not going to change that. They have been neglecting their infrastructure for a long time, and it's going to take a long time to rectify the situation.

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    2. Re:Unfortunately... by DragonWriter · · Score: 2, Insightful

      Unfortunately, it'll never happen. It'd be nice if it did but, so long as ISPs have lobbying power, which they do, it'll never come to pass.

      If the bill banned caps, I would believe it.

      It actually just requires the FCC approval for caps. If ISPs with the most political pull think it will let them have caps while denying them to their competitors, they might well not work too hard to prevent the bill from passing (though they'd still probably say they didn't want it.)

    3. Re:Unfortunately... by Shatrat · · Score: 2, Insightful
      ISPs don't maintain or upgrade any infrastructure but the last mile, and the last mile is not what is making them use caps.
      The immense cost of the Gig ethernet or OC12 or whatever layer 2 connection they are bringing into that local ISP is prohibitive, even if you ignore the fact that the ISP has to have some great massive layer 3 hardware to connect it to somewhere.

      The Telecoms selling those OC12s and Gig Ethernets and whatnot do plenty of upgrades and maint. They could upgrade a local ISPs trunk connection to 2.5 gbit or 10gbit with no problem. It just won't be cheap. The hardware is very expensive, the fiber is very expensive, the space in Central Office collocations is expensive, the labor of people who know how to engineer and operate these networks is expensive.
      Basically, if you want 8 mbits down 1 mbit up non-stop for a month as advertised, be prepared to pay 10x as much for it.
      If you want honesty and consistency from your ISP, be prepared to get x/10 bandwidth.

      Personally, I think high burst speeds with caps for overall transfer are a good compromise, if only they were more honest about it.

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  3. Has it occured to anyone else. . . by mosb1000 · · Score: 5, Insightful

    Has it occurred to anyone else that treating "utilities" like utilities is what's caused water shortages and rolling brown-outs in CA? Maybe it's not such a great idea to extend the process to ISPs.

    1. Re:Has it occured to anyone else. . . by evilkasper · · Score: 3, Insightful

      I think CA is bad example. There are plenty of states that mange their utilities just fine.

    2. Re:Has it occured to anyone else. . . by Shanrak · · Score: 2, Insightful

      Exactly, and those utilities are usually billed based on usage. Unless ISPs convert over to a $ per bit pay plan, removing the cap will only benefit the small amount of mass downloaders and make the internet less usable for everyone else.

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    3. Re:Has it occured to anyone else. . . by characterZer0 · · Score: 2, Insightful

      Could the water shortages have been caused by simply having too many people for the amount of water nearby?

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    4. Re:Has it occured to anyone else. . . by codeonezero · · Score: 3, Insightful

      If you want to say you don't want government involvement, that's fine as an argument, but there's evidence that deregulation in California and abuse of this deregulation by Enron and other such companies had more to do with the situation, than simply "treating 'utilities' like utilities" as you put it.

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    5. Re:Has it occured to anyone else. . . by peragrin · · Score: 5, Insightful

      Until you see what time Warner wants to do with caps. The modification to their terms of service allowed their VOIP service unlimited bandwidth while charging the customer for some else's VOIP. ISP's want a deal where BING.com users don't get charged bandwidth but if you use google.com you have to pay extra. Breaking metering will prevent the value of such arrangements.

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  4. Re:sounds like an by blahplusplus · · Score: 5, Insightful

    Until you realize they will just lower their speeds. But...

    I'd really ike an investigation into how much bandwidth these ISP's and the top telco's really have and what their utilization is. What needs to be done is to make this information public on a permanent basis so these companies can't claim that the small percent of users are eating up allthe bandwidth and use it as an excuse to lower speeds.

    Quite frankly these companies should have not be able to withhold this information in these matters because the internet is so important to society.

  5. Sounds like an idiotic idea by imsabbel · · Score: 1, Insightful

    What right has anybody to dictate contracts in that regard?
    Why should somebody producing little traffic pay as much as somebody who produces a lot?

    You dont pay your water bill by your pipe-diameter, or your electricity bill by your wire-gauge.
    So why should you pay your internet becaue of the maximum throughput possible?

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    1. Re:Sounds like an idiotic idea by whiledo · · Score: 5, Insightful

      You dont pay your water bill by your pipe-diameter, or your electricity bill by your wire-gauge.
      So why should you pay your internet becaue of the maximum throughput possible?

      Only going to say one thing here - remember that trying to analogize the internet to make it the same as things that are not-the-internet has led us to some rather unfortunate conclusions.

      With that said, what I'd prefer is simply regulation that you can't call a service "unlimited" if it's not unlimited. That's my biggest beef. They should have to clearly advertise it as X gigs/month. "Unlimited" should mean "unlimited."

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  6. They can justify it. by Drakin020 · · Score: 5, Insightful
    FTB

    13(a) PROHIBITION.--It shall be unlawful for major

    14 broadband Internet service providers to offer volume usage

    15 service plans imposing rates, terms and conditions that

    16 are unjust, unreasonable, or unreasonably discriminatory.

    I'm sure they can somehow find a way to "Justify" the caps.

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  7. ISP's like Utilities? Be careful what you ask for by clintp · · Score: 5, Insightful

    Trying to get a new water, sewer, or electric hookup can be an exercise in frustration because of the bureaucracy and safeguards in the system.

    Phone and cable have gotten better in the past 30 years. Landline phone and cable companies are so desperate for business that they're oftentimes pretty damned quick about getting a line out to you. (Unless you want something fancy like a business line or a T3, then welcome back to the Bad Old Days.)

    I invoke the ghost of Lilly Tomlin: "We don't care, we don't have to. We're the phone company."

    And if you think that usage on Utilities isn't capped, you're naive. If you didn't have those teeny-tiny water pipes and electric lines to your house you'd find out real quick there are all kinds of regulations and arbitrary rules about water and electric usage. For industry -- which have much larger access to electric and water -- there are often "monthy maximums" for water use, and obscenely high electric rates for peak usage.

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  8. Re:sounds like an by Krneki · · Score: 5, Insightful

    Until you realize they will just lower their speeds. But...

    Maybe it will happen, but then it will be easier to pick your ISP, right now there are so many hidden details it's very hard for a regular Joe to pick up the best package.

    I'd go even further, 50ms is the maximum latency, packet lost should be under 1% and the upload and download should never go below 80%. Ofc, this would only apply inside their network. Plus some public monitoring of their routers / bandwidth so they can't blame someone else for their problems.

    The speed of the connection is their decision, but we have to stop this sill over-selling capacity, bringing down the whole net.

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  9. Billed like water? by Albanach · · Score: 4, Insightful

    My water is provided and billed by the local service authority.

    I'm billed for usage in tiers like this:

       0-3000 gallons    $3.30 per 1000 gallons
    3001-6000 gallons    $6.60 per 1000 gallons
    6001-9000 gallons   $10.00 per 1000 gallons
    9001+     gallons   $13.30 per 1000 gallons

    Presumably, utility style billing for internet connections would be similar - very cheap for the first few GB, then progressively more expensive where the heaviest users could find themselves a lot worse off.

    Not sure I like it. I suspect the internet companies would think it a great idea.

  10. Re:sounds like an by DragonWriter · · Score: 2, Insightful

    Until you realize they will just lower their speeds.

    If the telcos that use caps lowered their speeds, that would make them less able to appear superficially price:performance competitive with their competition, where they have it, so forcing them to be more honest about what they are providing would still be a plus.

    Of course, the bill would not prohibit caps, it would make ISPs get FCC approval for caps, which might reduce the imposition of caps, or it might mean that those that have the most political pull would get their caps approved, while those with less pull would not.

  11. Re:sounds like an by erroneus · · Score: 4, Insightful

    As a utility, they would be more inclined to institute "metered access" which will be worse than having simple unlimited access. They have always controlled the speed and I would actually have less issue with that so long as it is reliable. As a utility, it should also mean a great many other things such as no port blocking or DNS redirecting or any of the other games they play. It would also open up the floodgate of many ISPs who have been inhibiting botnet behavior.

    It could do a lot to change the scape of things.

  12. How does this bill make a difference? by Sandman1971 · · Score: 2, Insightful

    Hmmm something I don't get. They want internet access to be treated like a utility. Let's see...

    The more electricity I use, the higher my bill.
    The more water I use, the higher my bill.
    The more natural gas I use, the higher my bill.


    By treating internet connectivity like a utility, that would mean that I would get billed according to usage... Which is what bandwidth caps mostly are (pay extra if you surpass a certain amount of utilization in a month). So how does this bill have any type of impact, other than ISPs having to prove to the FCC what the cost:utilization ratio is.

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    1. Re:How does this bill make a difference? by freedom_india · · Score: 3, Insightful

      Yes. On the Utility part.
      Just because i use more doesn't mean my access is cut off.
      That is what this bill aims at.
      Nobody is disputing that internet can be billed on usage.
      Everybody is disputing that internet access can b e cut off, because i exceeded a limit set by my Telco.
      Get it first through your thick head before you post.

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  13. ISP like my utilities - Bad idea. by backbyter · · Score: 2, Insightful

    I pay my utilities by usage. They don't offer an "unlimited" water or electricity plan. Additionally, I pay a lower rate for the first X units of usage, then a higher rate for further units, in addition to the service fees..

  14. goodluckwiththat Tagging... by RobBebop · · Score: 2, Insightful

    Why do all articles that express certain ideas that haven't been implemented yet get the tag "goodluckwiththat" and articles that ideas that have just been implemented get "suddenoutbreakofcommonsense".

    Does it speak to the pessimism of the community to influence technology towards the mass market or is the /. crowd just a bunch of crabby whiners?

    Responding to the topic at hand... I don't think they should make the internet a regulated utility until such a time when the nation's government is capable of using it as a mechanism to broadcast emergency information/communication. For the time being, television for 1-way communication and telephone for 2-way communication are the standard and they should stay that way.

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    1. Re:goodluckwiththat Tagging... by mcgrew · · Score: 2, Insightful

      Does it speak to the pessimism of the community to influence technology towards the mass market

      Yes. Our pessimism is borne out by experience.

      I don't think they should make the internet a regulated utility until such a time when the nation's government is capable of using it as a mechanism to broadcast emergency information/communication

      Why would that be a condition of regulation? Monopolies require regulation to keep them from screwing the consumer. If there were ten high speed ISPs in my town, the open market would deal with it like it does cell phones and no regulation would be needed, whether or not they broadcast emergency information. But sinve there's only one they need to be kept on a tight leash.

  15. Re:sounds like an by compro01 · · Score: 2, Insightful

    How do you define "their network"? You could go coast to coast and never leave AT&T's (or Qwest's or Verizon's) "network".

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  16. Re:sounds like an by Anonymous Coward · · Score: 1, Insightful

    While I like the analogy, as far as I know no electric companies advertise "unlimited electricity at amperages up to 20!".

    And that's partly because they're a regulated industry...

  17. Re:sounds like an by gauauu · · Score: 2, Insightful

    i would rather take a slower speed with no cap then a super fast speed and 250gb month cap. what is the point of say 20mbit download if you can only avg 8gb a day, and max speed dl speed that is only 1 hour and its used up.

    I, on the other hand, would rather have a faster speed and a cap. I don't download much stuff from home -- some email, some light web browsing. When I do, I want it to be fast. If I'm not planning on BTing a bunch of stuff, or watching tons of online video, then why sacrifice speed for a cap that I'll never hit?

  18. Re:wireless data? by Trahloc · · Score: 2, Insightful

    Personally I hope not, that should be a market decision not a government one. There is nothing immoral about selling internet service as a metered product. The problem is when you promise unlimited service and then after you grow huge or gain a government granted monopoly you put a meter on it because you over sold your network.

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  19. Re:sounds like an by shock1970 · · Score: 3, Insightful

    When I pay my electric and gas bills, I pay based on the quantity that I use. But with my water bill on the other hand, I pay a flat fee for the first X gallons and then an additional fee for each y gallons I use over x.

    My guess is that if ISPs become utilities they'll charge bandwidth like my water company. Average users get the flat rate, power users get increased rates. If I were a cable or FIOS company that provided media content in addition to internet access, this is how I would want my customers to be billed... especially considering that I'm losing money by having those large bandwidth users drop their content service as they can find the same thing on the internet at my expense.

    Based on that I don't think I like the idea of ISPs becoming utility companies.

  20. Re:Billed like water? [running out of bits?] by DaveV1.0 · · Score: 2, Insightful

    Not running out of bits, but rather running out of bandwidth.

    While there is an unlimited number of bits, there is a limit to the number of bits that can go down the wire at any one time. The more you use, the less that is available for everyone else. If everyone uses lots of service, then the company have to improve the infrastructure to support the desired service level, which will cost money, which they will earn by charging a higher rate to those with a higher usage rate.

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  21. Re:sounds like an by Chris+Burke · · Score: 4, Insightful

    Most ISPs solution to this would be to immediately switch all plans to a per-byte type of plan (which works given the comparison with utilities. I don't get carte blanche from the electric company to use it all for free, complaining that "they provide 20A to the house so I should be able to use 20A around the clock for free!"), and this would almost certainly not be in the consumer's best interest.

    No, that wouldn't be in our best interest though it would probably happen, even though the comparison to utilities fails for the exact same reason that fixed download caps are stupid in the first place, which is this: Bits are free. The total amount of power you use in a month directly affects the amount of fuel a power utility has to burn, or the amount of water you consumer affects how much water the utility has to treat. Bits on a connection aren't like that. If you "don't use" a bit on their fiber link to the backbone, that doesn't leave them with an extra bit, and if you use a bit, the next one is coming at the same time and same cost anyway. Combined with how most peering relationships work, other than a tiny amount of electricity in their routers, it doesn't make any difference to them if a bit is used or not and thus the total number of bits you consume is by itself meaningless.

    Bits per second, aka bandwidth, is a different matter. That's what costs them money to provide, and money to improve. And no single user's cable modem/DSL connection is going to saturate their ISPs bandwidth even if it is used continuously. Rather it's during Internet Prime Time when everyone, even "light" users, hop on the net and download some Youtube videos which in aggregate suck up every last bps and make the ISP's pipe choke. It's Prime Time peak usage that makes the ISP have to go out and buy new hardware in order to keep their customers happy. Utilities have maximum rates too, which is why electricity is cheaper at night and the water company will have designated days for watering your lawn based on addresses. But they also have per-unit expenses. With an ISP, someone who downloads 100GB a month but does it all at 2am will cost them less than someone who downloads 20MB but does it all at 8pm.

    So here's what makes sense with an ISP: You charge your user for bandwidth. "Unlimited" bits -- as in as many as you can download -- goes without saying because its irrelevant. During Prime Time, when the ISP's link is saturated, then everyone's performance degrades, ideally in proportion to the amount of bandwidth they payed for (as in if the link is at 120% utilization, everyone's bandwidth goes down by 18%). Thus just like with electricity everyone is encouraged to use off-peak bandwidth to get better performance. If prime time performance degrades too much, the ISP buys more hardware.

    Unfortunately, while this is completely fair to everyone, it's not going to happen because 1) the ISPs probably believe they can make more money charging per-bit and 2) most of the biggest ISPs are also content providers, and thus for them total number of bits -- as in total number of movies/shows you could download without paying for their more expensive media services -- matters a great deal. That is what download caps are all about. Not conserving their precious bits.

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  22. Re:if they become a utility, by fangorious · · Score: 2, Insightful

    Add fiber and wireless then you may have competition.

    I would say separate the infrastructure from the service. Don't allow a service provider to own the delivery medium. We have competition for electric service because one companies maintains the grid, and the other companies with power plants feed power onto it. The grid owner reads all the meters, and the power plant companies bill according to the meter. Phone service, cable TV, internet, all these should be done like electricity. One grid who sells access to the service provider, and the service provider bills the consumer.

  23. Re:sounds like an by rs79 · · Score: 3, Insightful

    " Who says metered service is a bad thing? "

    Uh...

    The internet is not a public resource.

    It's a concatenation of private networks.

    You own your network, I own mine, we agree so use the TCP/IP protocol suite to connect them.

    There is no "public internet". It's all privately owned.

    And you want some politician to tell you how you're gonna run your network?

    Be very, very careful what you wish for.

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