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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.

15 of 83 comments (clear)

  1. 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 rrohbeck · · Score: 2

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

    2. 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.

    3. 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!
  2. 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.
  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 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"
    3. 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.

    4. 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.

  4. 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
  5. 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

  6. 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

  7. 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.

  8. 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 *