Slashdot Mirror


Cable Lobby Tries To Stop State Investigations Into Slow Broadband (arstechnica.com)

An anonymous reader quotes a report from Ars Technica: Broadband industry lobby groups want to stop individual states from investigating the speed claims made by Internet service providers, and they are citing the Federal Communications Commission's net neutrality rules in their effort to hinder the state-level actions. The industry attempt to undercut state investigations comes a few months after New York Attorney General Eric Schneiderman filed a lawsuit against Charter and its Time Warner Cable (TWC) subsidiary that claims the ISP defrauded and misled New Yorkers by promising Internet speeds the company knew it could not deliver. NCTA-The Internet & Television Association and USTelecom, lobby groups for the cable and telecom industries, last month petitioned the Federal Communications Commission for a declaratory ruling that would help ISPs defend themselves against state-level investigations. The FCC should declare that advertisements of speeds "up to" a certain level of megabits per second are consistent with federal law as long as ISPs meet their disclosure obligations under the net neutrality rules, the groups said. There should be a national standard enforced by the FCC instead of a state-by-state "patchwork of inconsistent requirements," they argue. Another cable lobby group, the American Cable Association (ACA), asked the FCC to approve the petition in a filing on Friday. An FCC ruling in favor of the petition wouldn't completely prevent states from filing lawsuits, but such a ruling would make it far more difficult for the states to protect consumers from false speed claims.

83 comments

  1. In Seattle... by 110010001000 · · Score: 1

    ...we only have dialup. You know the story.

    1. Re:In Seattle... by PopeRatzo · · Score: 4, Funny

      ...we only have dialup. You know the story.

      You were responsible for grunge, and this is your punishment.

      --
      You are welcome on my lawn.
    2. Re:In Seattle... by Anonymous Coward · · Score: 0

      No, we don't.

    3. Re:In Seattle... by Anonymous Coward · · Score: 0

      Not funny.

      I'm in Seattle and have to pay $27,000.00/mo for shotgunned 64KB ISDN.

    4. Re:In Seattle... by ladydi89 · · Score: 1

      or we created grunge out of angst over shitty internet speeds

      --
      Thou shalt not use tools thou does not understand, lest they rise up and smite thee
    5. Re:In Seattle... by Anonymous Coward · · Score: 0

      ...we only have dialup. You know the story.

      In Yakima, WA, we have kite string & tin cans.

    6. Re:In Seattle... by Anonymous Coward · · Score: 0

      or we created grunge out of angst over shitty internet speeds

      your brain is rotted if you think the music crowd was using the internet in the late 1980s

  2. Then what's to stop scammers? by elrous0 · · Score: 2

    10 Gbps* for only $10/month and $100 hook-up fee

    * Up to 10 Gbps

    "Hey you promised 10 Gbps and now I've got no internet at all after I paid your hook-up fee."

    "Sorry, sir. You should have read the terms more carefully."

    --
    SJW: Someone who has run out of real oppression, and has to fake it.
    1. Re:Then what's to stop scammers? by Anonymous Coward · · Score: 0

      It's clearly printed on the bottom of page 38 of the TOS in 5 pixel fonts.

    2. Re:Then what's to stop scammers? by rrohbeck · · Score: 2

      "Up to" == "lower than or equal"

    3. Re:Then what's to stop scammers? by Anonymous Coward · · Score: 1

      What's to stop them selling you 100mbps line, then throttling the other end so that Netflix, Youtube etc. can't even send you a 4mbps stream unless Netflix/Youtube pay them too (which will just be added to your bill)?

      i.e. what the industry said they planned to do, that caused Net Neutrality law to be introduced in the first place?

      Chairman Pai?

      What's to stop them recording your browser history and selling it for money, like they've done before with the 'Verizon supercookie' and already do in a anonymized form with your account data and URL data? (And nobody filters out you Congress critters home and family browser history, or stop that data being sold to US enemies via front companies.).

      Will Chairman Pai?

      What's to stop them shoving a hot pocker up your ass? Twisting it till you scream, with a maniacle laugh? Erm, Pai?

      As long as they fluff Trump, and Pai swears alligence to Trump above Constitution, Pai is in place and they'll do whatever the fuck they want.

    4. Re:Then what's to stop scammers? by Anonymous Coward · · Score: 0

      * Up to 10 Gbps

      "Up to" == "lower than or equal"

      Exactly. Zero is very definitely "lower than or equal" to 10 Gbps.

      Thankfully it is a 10 year contract that forces arbitration by a company of my choosing too, so they will be paying that bill for a long time to come with no legal recourse.

    5. Re:Then what's to stop scammers? by silentcoder · · Score: 1

      >What's to stop them shoving a hot pocker up your ass? Twisting it till you scream, with a maniacle laugh? Erm, Pai?

      Erm, that's already in the contracts - it's part of the arbitration procedure you have to agree to while you sign away your right to sue.

      --
      Unicode killed the ASCII-art *
    6. Re:Then what's to stop scammers? by Anonymous Coward · · Score: 0

      absolutely nothing. in fact, throw in "unlimited" and that's how it all used to be marketed... now it's still "up to x" but capped or throttled because *shocker* people wanted to use what they were paying for

      a recent consult here.... 768k adsl $80 with taxes, needs faster connection. only way to get faster is to bring in another phone line $40 to bring in a second adsl for another $80, then bond the connections together with a not-inexpensive dual-uplink router or set up multiple ssids. it's almost like going back to the stone age of isdn, except you have no choice of net provider like you did with that. only other option was satellite or cellular.. and, well, we know those are just big scams too.

      why did they need faster at this point in time? windows-fucking-10 and its ridiculous update policy and download sizes. delete the windows 10 from their network and they weren't exactly jumping for joy, but at least the connection was actually usable (windows 10 bleeds slower internet connections dry).

    7. Re:Then what's to stop scammers? by Cyberpunk+Reality · · Score: 1

      Don't forget to allow for end users who have no knowledge or unrealistic expectations, either though. "I thought it meant 10 Gbps for every device I owned. I don't understand why the connection's slow after I connected my whole college dorm to it." "What do you mean, I have to manage my own LAN? For $10/month, I expect on-site LAN troubleshooting whenever I want!"

      --
      Rule 35 of the internet: "If it can be hacked, it will be". - Charles Stross
    8. Re:Then what's to stop scammers? by gnick · · Score: 1

      It's in the contract that they can shove a hot pocker up my ass? Is that like a Hot Pocket? In any case, if it produced a laugh it wouldn't be a maniacle one.

      --
      He's getting rather old, but he's a good mouse.
    9. Re:Then what's to stop scammers? by Anon-Admin · · Score: 3

      The last time I dealt with TWC they handed me a 1 page contract that had, printed in small print just above the signature line, "Included in this contract is everything published at " and an http address. I refused to sign before looking at the contents of the web locations. It had over 30 different web pages published at that location and there were 1000's of pages of restrictions, addendums, and additions to the contract.

    10. Re:Then what's to stop scammers? by sims+2 · · Score: 2

      After reading all that did you decide you wanted internet or not?

      --
      Minimum threshold fixed. Thanks!
    11. Re: Then what's to stop scammers? by Anonymous Coward · · Score: 0

      Maybe it's time to reopen these investigations as what they really are. FRAUD investigations, or perhaps FALSE ADVERTISING. In any event, this needs to expand into the realm of criminal, not just civil. Start throwing some of these jokers in jail and they'll straighten up fast enough.

    12. Re:Then what's to stop scammers? by Anonymous Coward · · Score: 0

      We see what you did there.

    13. Re:Then what's to stop scammers? by Anonymous Coward · · Score: 0

      Ask for an ending, conclusion, or punchline?

    14. Re:Then what's to stop scammers? by Anonymous Coward · · Score: 0

      Pai was on the commission long before President Trump. Thanks Obama.

  3. Nothing like hypocrisy by quonset · · Score: 4, Insightful

    and they are citing the Federal Communications Commission's net neutrality rules

    In other words, they fought tooth and nail to stop or rollback net neutrality rules, but now want to cite those very same rules in an effort to force the federal government to take precedent over states.

    And they wonder why they are consistently ranked at the bottom of customer satisfaction surveys.

    1. Re:Nothing like hypocrisy by elrous0 · · Score: 3, Informative

      I don't blame the cablecos for the shit way they treat their customers. I blame the bribed local governments that keep giving those cablecos monopolies no matter how many citizens are fucked over by them.

      It's a cableco's job to make as much money as possible. But it's my local government's job to represent *ME*. One of these two is failing miserably at their job.

      --
      SJW: Someone who has run out of real oppression, and has to fake it.
    2. Re:Nothing like hypocrisy by Anonymous Coward · · Score: 0

      They're both at fault. I doubt you'd feel the same if farmers bribed elected officials to revoke any laws on additives, pesticides, quality control & food inspection

    3. Re:Nothing like hypocrisy by Rockoon · · Score: 1, Informative

      You dont seem to get it.

      The big companies want the FCC to regulate them. Federal regulations are written by corporate lobbyists. That "Net Neutrality" regulation everyone is so in love with was written by AT&T. AT&T's DSL service cannot compete with a cable industry that can threaten to offer "DSL speed + fast lanes for stuff" at a tiny fraction of the cost that AT&T can rig up.

      State-by-State regulation is the worst-case scenario for the big corporations, but it doesnt effect them all equally.

      That whole stink about Netflix being "throttled" by various ISP's. This was congestion at the interlinks between the backbones, a problem that grew worse as Netflix became more and more popular. It is not Net Neutrality to demand a fast lane for a specific companies benefit, but somehow a demand for a quite-specific fast lane became the poster child for "net neutrality." AT&T's P.R. firm was hard at work twisting the public narrative while their "consultants" wrote the legislation.

      The corporations want it to be a federal issue. Wile they may disagree about what the federal rules should be, they can all agree that duping you suckers into demanding it to be a federal issue is a great idea.

      --
      "His name was James Damore."
    4. Re:Nothing like hypocrisy by Anonymous Coward · · Score: 0

      They learned from telcos, now they operate like a mafia stiffing competition using political tools; I wonder where are all those anarchist capitalists, i mean libertarians now, because they have regional monopolies, give a broad variety of very bad products and they all operate in ways that can only be described as mafia-zones, so the solution is keep paying for a bad service because is the only provider where you live or don't have anything at all.

    5. Re:Nothing like hypocrisy by AHuxley · · Score: 2

      Why spend millions upgrading networks just so new media can make billions for free on the same networks?
      Slowly get the millions spent on upgrades over years from exiting accounts?
      Get told by local governments and cities to upgrade fully and then let just new media make billions?
      Money is on the table with users spending big on movies, music and series every week down existing networks.
      Share in the billions and the networks in wealthy areas get upgraded.
      Wealthy areas will consume more movies and series, the share of profits on new networks will be better.

      Once the media deals are done wealthy areas will be upgraded.
      The problem is the services in the poor areas. Federal funding? State or city funding to get new "internet" services?
      Why waste private sector profits on upgrades now in poor areas if federal or state of city funding might be on the way in a few years?
      Let them have wireless for voice calls.

      --
      Domestic spying is now "Benign Information Gathering"
    6. Re:Nothing like hypocrisy by BlueStrat · · Score: 1

      The corporations want it to be a federal issue. Wile they may disagree about what the federal rules should be, they can all agree that duping you suckers into demanding it to be a federal issue is a great idea.

      Precisely!

      That takes away the ability of people at the local and State level from having a direct say, and puts things in the hands of the cable co.'s bought-and-paid for Congressional shills and K-Street lobbying firms. The very *last* thing the cable co.s want is for the people they screw over having any say in the laws & regulations they do business under.

      This tactic is not confined to the cable co.s and is a major contributing factor to the growth in the federal government's power & scope.

      Strat

      --
      Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
    7. Re:Nothing like hypocrisy by silentcoder · · Score: 1

      Oh, according to ancaps -- if you haven't chosen 'nothing at all' then obviously you are happy with the monopoly's service and all is well with the world.

      Of course, this is the kind of conclusions you reach when you fatally oversimply the complex systems that are economies to a few simple (they call them 'unquestionable' but 'unproven' is a better description) axioms which are not even written in proper formal logic but instead in some vague verbal bullshit they call 'praxeology' to allow maximum possibility for using ambiguity and unclear definitions to guarantee you reach the conclusions you like and can conveniently dismiss equally valid conclusions from the same axioms that you don't like.

      Ultimately of course - the fatal flaw in that argument is that it utterly ignores the cost of choosing 'nothing'. Just because that cost is 'higher than the monopoly' doesn't mean the monopoly isn't fucking you over.

      --
      Unicode killed the ASCII-art *
    8. Re:Nothing like hypocrisy by swb · · Score: 0

      This. The increasing Federalization of regulation over time is one of the great enablers of corporate concentration of power. It shrinks the regulation domain to a single entity which is more susceptible to influence and worse, more susceptible to influence by large entities which can crowd out smaller entities and shape regulation to large entity advantage.

      While making it more efficient for large corporations with a national scope, it's an open question whether this efficiency ever provides a consumer benefit. I'd argue that the oligopoly conditions it produces just results in rent extraction from consumers and the efficiencies just end up captured as profit.

      The inherent inefficiency of state-by-state regulation should make it harder for large-scale corporations since they have to analyze and respond to many regulation demands. In theory smaller corporations should be more competitive, since they have less regulation overhead and can adapt more easily to regulation.

    9. Re:Nothing like hypocrisy by Anonymous Coward · · Score: 0

      ... more susceptible to influence by large entities ...

      In that case, large entities have to bribe both sides of the political divide. That's certainly within their power, but their true advantage is the wannabe who thinks he too, can exploit his fellow man: They become the voters who think rich people deserve welfare while the sick/poor deserve nothing; think that government/socialism is always wrong and selfishness/for-profit is always right. They are the broom that sweep neo-liberal rights and corporatist agendas into the hallways of government, until they oppress the very people who demanded them.

    10. Re:Nothing like hypocrisy by jeff4747 · · Score: 2

      Cable (or Internet service in general) has a natural monopoly in the last mile. The first company to run the wires/fiber has an enormous financial advantage over anyone else. They've already paid the cost for connecting that last mile, so they can make it unaffordable for anyone else to connect that last mile.

      The end result is those de-facto monopolies were converted to legal monopolies, in an attempt to regulate them somewhat - that monopoly agreement with your local government has some requirements for the cable company. Such as requiring that they offer service beyond the wealthy parts of your city/county/whatever.

      But without municipal broadband or another large company willing to sink the money into running the last mile, your local government does not have much leverage due to the natural monopoly.

    11. Re:Nothing like hypocrisy by Anonymous Coward · · Score: 0

      I'm constantly amazed by this widespread American attitude that condones (damn near encourages!) abusive behaviour by companies towards their customers. Can you explain this to me?

    12. Re:Nothing like hypocrisy by Obfuscant · · Score: 2

      Cable (or Internet service in general) has a natural monopoly in the last mile.

      I have two different kinds of "cable" running into my house, and wireless broadband wafting through the ether. All three are capable of streaming video. While traditional "cable TV" may have had a "natural monopoly", internet service does not and never has.

      The economic monopoly that exists does so not because of a limited number of "last mile cables", but because of a limited number of last mile customers. Let's say a city has 10,000 possible customers, and 4,000 of them buy cable service. Any competitor who looks at that market first sees that 60% of the market has low interest in the product (or they'd be buying it already.) He might be able to entice some percentage of those to buy from him if his prices are low enough. Maybe. The other 40% are already buying from the incumbent, and maybe he can get 10% of those. The chances are, however, that as soon as he starts to compete, the incumbent will drop prices and he'll not get as many customers as he planned on. His costs will include not only the "last mile", but a physical presence in that city and costs for content and headend. If the city was smart, he's be providing free cable and internet to the schools and city offices, and several PEG (public, education, government) channels on his system at no cost.

      In any case, the potential profit is very low, if any, so the incentive to compete is nil. THAT is where the monopoly comes from, and would still be there even if he had free access to any wire he wants. The pot is only so big, and it really is a zero sum game -- everyone splits the existing number of possible customers, and nobody gets to draw in new customers from outside that geographic area.

      The first company to run the wires/fiber has an enormous financial advantage over anyone else.

      This is like claiming that the local grocery store has a natural monopoly because they've already spent the money installing coolers and checkstands while any new competitors will have to spend that money now to enter the market. That's not "monopoly".

      The end result is those de-facto monopolies were converted to legal monopolies,

      No. You have it backwards. Cable franchises started out being issued as exclusive, to lure the cable companies into building facilities. What used to be legal monopolies NO LONGER EXIST. It is against federal law for a municipality to issue an exclusive franchise, and it has been that way for 20 years. The law is quite explicit -- if a city issues a franchise to one company they must issue one to another company that is willing to meet the same requirements.

      that monopoly agreement with your local government has some requirements for the cable company.

      Every franchise agreement has terms. You can have a contract to issue a franchise without it creating a legal monopoly.

      your local government does not have much leverage due to the natural monopoly.

      No local government can demand that a company provide service to its residents. They can demand that a company provide services in a specific way if they are to provide them at all, but they cannot force Comcast, e.g., to provide service to the residents as a way of creating competition for TWC. They could not demand that Comcast provide service even if the city owned every inch of the last mile and gave let Comcast access it for free.

    13. Re:Nothing like hypocrisy by Obfuscant · · Score: 1

      In other words, they fought tooth and nail to stop or rollback net neutrality rules, but now want to cite those very same rules in an effort to force the federal government to take precedent over states.

      Of course. If you are going to make them play by your set of rules, then they will play by your set of rules, especially when those rules benefit them in some area. If you've stepped up and said "we are the only entity authorized to make rules for you", wouldn't you expect them to object to new sets of rules being implemented by someone else? It would be silly to expect anything less.

    14. Re:Nothing like hypocrisy by Obfuscant · · Score: 1

      I blame the bribed local governments that keep giving those cablecos monopolies

      I blame the residents of those local governments who have not reported the monopolies to the federal enforcement agencies. It has been against federal law for anyone to issue a monopoly to a cable company for at least 20 years, and any local government that has done so needs to have a visit from DOJ or FTC.

      And, of course, the residents who keep electing the people taking the bribes share in that blame. You do have evidence of bribes before making the claim, right? Proving an illegal monopoly is easy -- it's in the franchise. Proving bribes is a bit harder.

    15. Re:Nothing like hypocrisy by deesine · · Score: 1

      It's obvious we're going to need regulation to force speeds already the slowest in developed countries. Instead legislation is being used to keep speeds low. I tell anyone who'll listen, we in the U.S. are paying the most for our slow speed.

      --
      damaged by dogma
  4. Yay for net neutrality laws by guruevi · · Score: 1

    So with Obama net neutrality not only did we not get non-prioritizations of traffic (actually net neutrality), which Verizon, T-Mobile, TWC and Charter still do - I should be more than comfortable streaming YouTube and Netflix on 20Mbps connections, we also didn't get anyone fixing their capacity problems as the lawsuits clearly show and now they get to hide behind the letter of the text AND keep their common carrier status?

    --
    Custom electronics and digital signage for your business: www.evcircuits.com
    1. Re:Yay for net neutrality laws by Anonymous Coward · · Score: 2, Informative

      Lets take a look at the Telco bribes shall we?

      https://www.clevescene.com/scene-and-heard/archives/2017/03/30/this-is-how-much-money-telecom-companies-paid-ohio-republicans-to-sell-off-your-browser-history

      This is JUST Ohio bribes (not even 2% of the bribes they paid out), I can see you're trying to do some weird "Telco good Obama bad" thing there, but if Telco's are innocent, how come they pay so many bribes?

      U.S. Sen. Rob Portman
      $89,350

      U.S. Rep. Bob Latta (5th District, Bluffton)
      $91,000

      U.S. Rep. Bill Johnson (6th District, Salem)
      $56,500

      U.S. Rep. Patrick Tiberi (12th District, Worthington)
      $53,250

      U.S. Rep. Jim Renacci (16th District, Wadsworth)
      $48,000

      U.S. Rep. Steve Stivers (15th District, Lancaster)
      $27,000

      U.S. Rep. Steven Chabot (1st District, Cincinnati)
      $25,500

      U.S. Rep. Jim Jordan (4th District, Bucyrus)
      $24,750

      U.S. Rep. David Joyce (14th District, Russell Township)
      $16,500

      U.S. Rep. Brad Wenstrup (2nd District, Cincinnati)
      $9,400

      U.S. Rep. Bob Gibbs (7th District, Ashland)
      $8,000

      U.S. Rep. Mike Turner (1oth District, Dayton)
      $6,000

    2. Re:Yay for net neutrality laws by Anonymous Coward · · Score: 0

      ..., T-Mobile, ...

      Is T-Mobile providing cable service now?

  5. If by Ol+Olsoc · · Score: 1

    The State Government isn't doing what you want them to do, lobbyists, the cure is to write out bigger checks.

    --
    The shepherds did so well protecting the flock that the sheep no longer believed that wolves existed.
  6. Pay me $5 for sex with UPTO 12 supermodels. by gurps_npc · · Score: 2

    Pay me $10 for UPTO 3 Lamborghinis.

    Pay me $20 for UPTO ...

    You want to advertise the term upto, you better demonstrate that number is a reasonable expectation for what you provide.

    Otherwise, you are simply committing fraud.

    --
    excitingthingstodo.blogspot.com
  7. Wrong thing advertised... by Anonymous Coward · · Score: 0

    There's only one thing that should be allowed in the advertisement.

    Minimum Speed... Guaranteed in blood of the officers and majority share-holders of the ISP advertising the minimum speed.

    For every bit below that guaranteed minimum, each officer and share-holder must give up 3 drops of blood.

    That would force the companies to keep investing in their infrastructure so they can live.

    1. Re:Wrong thing advertised... by Anonymous Coward · · Score: 0

      There's only one thing that should be allowed in the advertisement.

      Minimum Speed... Guaranteed in blood of the officers and majority share-holders of the ISP advertising the minimum speed.

      For every bit below that guaranteed minimum, each officer and share-holder must give up 3 drops of blood.

      That would force the companies to keep investing in their infrastructure so they can live.

      It is no different that the Auto manufacturers and MPG.. everything touts the maximum unachievable mileage.

      So lets make both advertized level with the penalty being the months payment ...

    2. Re:Wrong thing advertised... by Anonymous Coward · · Score: 0

      What the fuck are you smoking? MPG is federally measured; it's not just some random fucking number the automakers can put on their vehicle. Fuck.

    3. Re: Wrong thing advertised... by Anonymous Coward · · Score: 0

      MPG is federally measured on a testbed which can be detected by the engine's software and fooled. The point, my fucky friend, is that many sellers, especially in the corporate dens of amorality, will try to game the system so regulations are necessary to keep them honest but the rules must be monitored and modified if they don't do the job. So for example ISPs should be required to advertise minimum and average rates. I'd like to add they should be forced to advertise the price you'll end with on the bill but one shouldn't reach for the stars.

    4. Re:Wrong thing advertised... by geekmux · · Score: 2

      ...It is no different that the Auto manufacturers and MPG.. everything touts the maximum unachievable mileage.

      Actually, every car I've ever owned I've been able to achieve more than the advertised highway MPG, well before the concept of hypermiling became popular, which I'm fairly certain if I adopted those tactics I could achieve it on a more consistent basis. When compared to ISPs, not even at 3AM could I consistently hit advertised speeds.

      So lets make both advertized level with the penalty being the months payment ...

      FCC needs to simply enforce a law that all ISPs should advertise a minimum speed and apply an SLA with a refund schedule for breaking the SLA. Maximum or "up to" speeds obviously don't mean jack shit anymore, and enforcing a minimum speed would more mirror how business-class services are enforced. Network congestion cannot be predicted, but enforcing a minimum standard would at least set expectations and force providers to maintain infrastructure to contracted levels.

    5. Re: Wrong thing advertised... by Anonymous Coward · · Score: 0

      I think that classically there was not even a need to detect the testbed. Optimize the ECU, gearbox so as to maximize the MPG on an extremely formulaic test.

  8. At this stage, we know anything these lobbist want by Anonymous Coward · · Score: 0

    At this stage, we know anything these cable lobbist want is bad for customers. We representatives that just do the opposite of what they ask until they stop asking for stupid things.

    That's the easy solution.

  9. I don't care about speed anymore by Anonymous Coward · · Score: 0

    I don't care about speed anymore. I want competition. Not duopoly or time-limited monopoly. I'm not even sure I want OTA fixed wireless. I want quantum entanglement broadband that the FCC can't touch.

  10. Standard needed - not CIR? by See+Attached · · Score: 1

    In commercial circles, the Commited Information Rate (CIR) is (or was) used to specify a transfer rate that the customer could always get. Its commited and not over subscribed. The model with Cable modems (and I guess FIOS etc) is not as easy to assure. Bandwidth is shared and .,. and the aggregate is what the ISP can, well, provide! So .. the CIR promise doesn't work when the service is overcommitted. But.. on super bowl day, will everyone be able to at a few Ultra high Def streams at the same time- or other hot news day for that matter. We all (ISP and users alike) need a new term that includes an expectation for minimal transfer rate, as well as a Peak Burst rate when its available. How about we call it CIR of 10 Mbps and a burst to 100 Mbps? Would that be acceptible to cable/Fios and end users?

    --
    Time for a new Political party in the US (or two!) One is off the rails Other cant pony up a leader.
  11. Wrong by Anonymous Coward · · Score: 0

    At one point I worked for a commission which regulated the cable monopoly. We were not horribly funded but vastly out gunned by the cable company. We won maybe 1 lawsuit... probably ever. They actually avoided going to court like crazy and we'd have to force the issue--- the last big one we actually pressured them into suing us so they would have to pay our costs. They eventually gave in and sued us (after a year of pushing them.) I thought for sure we would lose AGAIN-- but amazingly, we won. That was 1 time. It was slam dunk but I thought the relative of a commissioner who was always our lawyer would fuck it up again... (for $300 per hour.) I quietly said all the time "I would lose in court for $200 per hour..."

    The reality is, our commission did actually do some of their job right-- but the only REAL power that we had was to pull their ability to be in our cities. It was 1 big massive bluff-- not really much else. They could jerk around everything and usually win and all we really could do is cut off cable for our cities and piss everybody off... who doesn't care enough to boycott. Cable knew this. Before the dot-com we had a 2nd cable company wanting in but then the bubble burst... oh well. The amount of crap on our poles around the cities would have doubled but maybe service would have gotten better.... (nah, those companies avoid over competing -- you need like 3 or 4 to maybe get somewhere. But then because we don't have a shared network like the roads, that huge investment and upkeep tends to discourage them form doing much.)

  12. $20 million says otherwise by Anonymous Coward · · Score: 1

    It required ISPs to stop deliberately slowing down Netflix and Youtube unless they could double charge.

    Which is why telco's spent $20 million buying Congressmen and Senators in this election cycle to kill it. They spent $20 million, because they can recoup that from their customers by selling access to them (which would simply be added to their bills indirectly).

    I guess there's an election on because you're doing Obama talking points. I notice world leaders meeting Obama, and pushing back Trump meetings to afternoons, and all the Republicans obsessing about Obama.

    IMHO, they should obsess over their own guy. He's not loyal to the USA, he won't think twice about screwing over them.

  13. The telcos are dirty rotten thieves by Anonymous Coward · · Score: 0

    They have shown themselves to be grifting assholes, for years. Never a redeeming moment; they live off tax breaks and subsidies. I wish we could jail every one of their senior executive corps, as they are ACTIVELY hindering the advancement of the American economy, education, etc. they are SCUM!

  14. False Advertisiing by ytene · · Score: 4, Interesting

    If a grocery store advertised 1kg of apples for say $2, but then when you bought some you discovered that you'd only been given 900g of apples, you would be within your rights to claim false advertising. If you could show that the same store consistently under-filled their bags of apples such that not one bag contained the advertised 1kg of fruit, that would be (close to) racketeering.

    Yet telcos seem to think that because "complex stuff" [which isn't remotely complex, by the way], that this somehow exempts them from the obligation to advertise and charge fairly for their services.

    It doesn't. They are crooks. They already use contention ratios of anything up to 50:1 to squeeze more revenue out of their existing cable infrastructure and now they want to hide what they are doing by being legally allowed to throttle bandwidth.

    Crooks

    1. Re:False Advertisiing by sabbede · · Score: 1

      Which brings up another important point - False advertising can be investigated and prosecuted by State agencies as well as the FTC. I don't know if false advertising is something the FCC can deal with.

    2. Re:False Advertisiing by Cyberpunk+Reality · · Score: 1

      While I don't want to say the telcos and cable companies are innocent (because they aren't), Americans' unwillingness or inability to shop critically doesn't help either.

      Even in areas where there is competition, too many customers will go for hype and big numbers over actual quality of service. If Company A advertises "Always 50 Mbps! Cheap!" and Company B advertises "Speeds up to 100Mbps, performance may vary depending on location and equipment, contact us for details, pricing is fixed monthly and will never change, no deals or gimmicks (but with a number larger than the one in Company A's ad)" too many consumers will go for Company A every time, even when it repeatedly doesn't deliver bandwidth or price.

      You can also blame the government that lets Company A get away with that, but said government has probably been getting re-elected by Company A's victims for 20 years.

      --
      Rule 35 of the internet: "If it can be hacked, it will be". - Charles Stross
    3. Re:False Advertisiing by Anonymous Coward · · Score: 0

      Hence the reason the speed advertisements are all "up to X megabits/second". That magic "up to" does not set a minimum speed, only a maximum.

    4. Re:False Advertisiing by Anonymous Coward · · Score: 0

      If those apples came with fine print that said individual amounts may vary, you might not have a case.

    5. Re:False Advertisiing by StormReaver · · Score: 1

      [Major ISP's] are crooks.

      It's far worse than that: The new White House and its new FCC are run by crooks, which is why we can expect the ISPs' request to be approved post-haste.

    6. Re:False Advertisiing by usuallylost · · Score: 1

      Yet telcos seem to think that because "complex stuff" [which isn't remotely complex, by the way], that this somehow exempts them from the obligation to advertise and charge fairly for their services.

      The "complex stuff" is a smoke screen. The real answer is they've bought enough politicians and regulators that they can get away with ripping their customers off with relative impunity. The only problem is the occasional state regulator who isn't with the program. So now they are trying to leverage the people they've already bought to make that go away.

    7. Re:False Advertisiing by spikenerd · · Score: 1

      Of course we'll choose a meaningful promise over a completely meaningless one. Instead of meaningless words like "Speeds up to", how about if they sell something truthful like, "Each 100Mbs line guaranteed to be shared among no more than X customers", then let them all compete for how low they can get X. There is no way I am going to reward a company with money for using a big fat lie involving the words "up to".

    8. Re:False Advertisiing by Strider- · · Score: 1

      Yet telcos seem to think that because "complex stuff" [which isn't remotely complex, by the way], that this somehow exempts them from the obligation to advertise and charge fairly for their services.

      I have zero affiliation with the ISP world, or anything else, but here's the thing: Your internet connection is more like the other utilities that are delivered to your house.

      The electrical service to your house is likely rated at 200A or so. You can pull down 200A from your power utility, but if you did that all the time the utility would likely investigate to see what's going on. You would probably have to upgrade your service to something higher to continue getting power. If everyone pulled the maximum permitted by their service, it would bring the grid to its knees and cause widespread blackouts. You can see some of this in California with the problems they have with daytime peaking as all the A/C kicks in.

      Same thing goes for your water service. The pipe that comes into your house is capable of delivering a lot of water, and if everyone tried to use it to the max, the city's reservoirs would be quickly drained. You see this in big cities during major sporting events and so forth. There is very often a large drop in the reservoirs during intermission, and a corresponding bump in sewage flows, as everyone goes to the restroom and relieves themselves.

      The difference between these and your Internet of course is that in most jurisdictions, these are metered services rather than (mostly) unmetered like your internet connection. However, my main point is that it's not practical for providers to guarantee that you can pull down your rated speed 24/7, as building out the network to support that for all of their customers would be prohibitively expensive. At some point there has to be an over-subscription ratio. The issue is what that ratio should be.

      --
      ...si hoc legere nimium eruditionis habes...
    9. Re:False Advertisiing by Holi · · Score: 1

      False equivalency, you said "If a grocery store advertised 1kg of apples for say $2", when the equivalent statement to the cable lobby should be "If a grocery store advertised up to 1kg of apples for say $2". At that point your 900g would not be false advertising.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    10. Re:False Advertisiing by Anonymous Coward · · Score: 0

      Politicians have always been crooks. Stop trying to pretend corruption is a new issue caused by Trump.

  15. I've been saying this was happening for decades. by Narcocide · · Score: 0

    I'm starting to get tired of being right all the time.

  16. A test of Republican corruption by Anonymous Coward · · Score: 0

    "The corporations want it to be a federal issue. Wile they may disagree about what the federal rules should be, they can all agree that duping you suckers into demanding it to be a federal issue is a great idea."

    This is a test of Republican's corruption. Republicans want to give power to the states. Will money compel them to take power from the states?

    1. Re:A test of Republican corruption by Anonymous Coward · · Score: 0

      This is a test of Republican's corruption. Republicans want to give power to the states. Will money compel them to take power from the states?

      I think we all know the answer to that.

  17. So one day by silentcoder · · Score: 2

    they are lobbying to get rid of net neutrality.
    The next day they are trying to use net neutrality as a shield against state-level laws.

    This is corporate lobbying in a nutshell - they will both use and lobby against the exact same regulations depending on what is, today, most suitable to them.

    --
    Unicode killed the ASCII-art *
  18. Average Speed? by Anonymous Coward · · Score: 0

    You think it would be really easy.... Instead of this "up to" BS that essentially means you will get periodic bursts of speed that technically meet their advertisement. Just force them to use their services average speed for something chunky like a 1+GB download and not the 1MB download they would inevitably shoot for. I'm really tempted to say at least 10+GB because that seems to be a pretty standard download size for games these days, so it isn't an unreasonable file size for a common user to encounter.

    Cause then that little burst of speed at the start isn't going to mean anything over the average speed of a large download. When they are forced to use their Average speed in advertisements.

    1. Re:Average Speed? by SScorpio · · Score: 1

      Where does the source file reside? I have symmetric 1Gbps fiber to my home.

      Running speed tests I can hit 960-970Mbps. But on actual real downloads the numbers are much lower. Multiple connection download can hit close to limit, but a single connection will rarely hit over 100Mbps.

      The connection to the local corporate office is usually at the specified speed unless it's a cable network that is massively oversubscribed.

      But the ISPs are placing cache servers on their local network so things like Netflix, and downloads from Akamai are quick. But general access can be slower. What do you use for your measurement in these cases?

  19. False advertising by Anonymous Coward · · Score: 0

    is not illegal in USA.

  20. False Advertisiing is perfectly legal in Ameriduh by Anonymous Coward · · Score: 0

    https://www.wired.com/2008/12/apple-says-cust/

  21. You thought it would hurt big business? by kainosnous · · Score: 1

    You thought, even for a moment, that a government legislation affecting the market would actually hurt big business? Why? Is that what you think usually happens?

    Of course they fought it. It takes work and money to re-structure your company to compensate for new rules like that. However, in the end, any time you make more laws that restrict the freedom of buyers and sellers to freely exchange capital, somebody is going to try to use those rules to their advantage, and the winner will likely be the group with most capital and interest in directing that system. At the very least, the laws will create a further barrier to entry into the market, thus preventing competition, which is the one tool that would cause them to cater to their customers.

    Expect to see more of this. At some point, people will get mad and they'll try to make more laws to stop this, and then these companies will re-structure to take advantage of those laws. At some point, people will get mad, and they'll convince the government to declare internet as a utility, and then these companies will gain government funding and become completely immune to customer complaints. What does customer satisfaction matter when there's no competition?

    --
    There are 10 commandments: 01)Thou shalt love the Lord Thy God 10)Thou shalt love thy neighbour as thyself.Matt22:34-40
  22. Bakers learned this years ago by Anonymous Coward · · Score: 0

    The origin of the Baker's Dozen

    For example, in ancient Egypt, should a baker be found to cheat someone, they would have their ear nailed to the door of their bakery. In Babylon, if a baker was found to have sold a “light loaf” to someone, the baker would have his hand chopped off.

    As it wasn’t that hard to accidentally cheat a customer, given making a loaf of bread with exacting attributes is nearly impossible by hand without modern day tools, bakers began giving more than what the statute outlined to make sure they went over and never under.

    http://www.todayifoundout.com/index.php/2010/09/why-a-bakers-dozen-is-13-instead-of-12/

    Seems that Cable Co.s are likely to get off easy compared to ancient bakers.

  23. Yeah right by Rujiel · · Score: 1

    "The big companies want the FCC to regulate them." Oh, is that why we watched them struggle for years to argue that internet service isn't the FCC's jurisdiction? Comcast demanding that netflix specifically pay up for potential Level 3 cdn traffic, on top of wanting a "fast lane" as it's called, is absolutely the sort of shit that is within scope of concern for net neutrality.

    1. Re:Yeah right by Rockoon · · Score: 1

      Oh, is that why we watched them struggle for years to argue that internet service isn't the FCC's jurisdiction?

      Yes.

      This this answer just destroyed all the crap in your head.... you should tilt your head to the side, shake all that crap out, and join the rest of us back in the real world.

      --
      "His name was James Damore."
  24. It's not a law by rsilvergun · · Score: 1

    if it's not enforced.

    --
    Hi! I make Firefox Plug-ins. Check 'em out @ https://addons.mozilla.org/en-US/firefox/addon/youtube-mp3-podcaster/
  25. The solution by fox171171 · · Score: 1

    Enforce a rule that they cannot advertise theoretical maximums any more. The new figure should be the guaranteed minimum speed. A far more useful figure. They can whine all they want, they deserve it due to their deceptive behavior.

  26. Sweet delusion bro by Rujiel · · Score: 1

    Hope it feels good knowing that you're performing for free the shilling that telecos pay losers to perform on sites like this.