RE: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-16 Thread Owen DeLong



--On November 15, 2005 11:02:18 PM -0800 David Schwartz 
[EMAIL PROTECTED] wrote:






--On November 15, 2005 8:14:38 PM -0800 David Schwartz
[EMAIL PROTECTED] wrote:



 --On November 15, 2005 6:28:21 AM -0800 David Barak
 [EMAIL PROTECTED] wrote:



 OK... Let me try this again... True competition requires
 that it be PRACTICAL for multiple providers to enter the
 market, including the creation of new providers to seize
 opportunities being ignored by the existing ones.



The worse the existing provider it is, the more practical it is to
 compete with them. If they are providing what people want at a
 reasonable
 price, there is no need for competition. If they are not, then the it
 becomes practical for multiple providers to enter the market. If you
 assume that the cost to develop existing infrastructure is not insanely
 less than the cost to develop new infrastructure, the isolation from
 competition comes directly from the investment.



1.  The existing infrastructure is usually all that is needed for
many of the services in question.  Laying parallel copper
as a CLEC is not only prohibitively expensive, in most
areas, it's actually illegal.  Usually, municipalities
have granted franchise rights of access to right of
way to particular companies on an exclusive basis.  That
makes it pretty hard for a competitor to enter the market
if they can't get wholesale access to the existing copper.


For now this may be true. But you'll set up another generation of the
same problem if you continue to advocate subsidized infrastructure. At
some point that infrastructure will be inadequate, and you will have done
nothing to make it easier to build competitive new infrastructure. If
munipalities granting monopolies is a problem, then stop such monopolies
-- don't advocate them!


The problem is that because of cost and other factors of last-mile
deployment of terrestrial infrastructure, these are natural monopolies
whether you like it or not.  For example, how many streets from how
many different providers pass in front of your house?  How many different
telcos have copper to the junction box that could be used to provide
service to your home?  How many cable companies have fiber or co-ax
in your street?  For the vast majority of the united States, it is
very hard to answer anything other than 0 or 1 to any of these
questions.

The primary problem as I see it is not the monopoly of the infrastructure,
but, the inherent connection between the management of that monopoly
infrastructure and one of the competitors for the provision of services
over that infrastructure.


2.  The existing copper was actually deployed (at least in most
of the united States) using public subsidies.  The taxpayers
actually paid for the network.  The physical infrastructure
should be the property of the people.  The ownership claim
of the telephone companies is almost as baseless as the
Verisign clame that they own the data in whois.


It doesn't much matter and it can't be fixed. The static value of the
infrastructure is basically depreciated to zero by now. The profits have
been reaped. Don't justify future bad decisions on past inquities that
can't be fixed anyway. Just start right from now on.


If I thought what I was suggesting was a bad decision, I wouldn't be
suggesting it.  However, I think there is much more justification for
this decision than past inequities.  As long as you have an area
that tends to create a natural monopoly and allow one competitor that
uses that infrastructure to also own said infrastructure, it creates
an unfair environment for other competitors.

Are you really advocating that the market is best served by multiple
providers laying last-mile fiber?  Doubling the cost of FTTH to
create just two FTTH providers in an area seems pretty stupid to
me.  OTOH, a 10% increase (probably much less) in the cost of FTTH
to facilitate a virtually unlimited number of service providers
being able to access said fiber on a consumer-choice basis
doesn't seem so stupid to me.


For example, if Bill Gates took a few billion dollars out
 of his pocket
 and launched 80 satellites to provide wireless Internet access, it
 would be damn hard to compete with him if he wasn't trying to recover
 those few
 billion dollars. But if you spend a few billion, you get a few billion
 worth. Anyone else can spend the same amount and get the same
 advantage.



3.  Except when you consider that there are only so many orbital
slots that can be maintained.  (see 1 above as well).  If Bill
manages to launch N satellites and N leaves N/2 orbital slots
available for other uses, then, it's pretty hard to launch
another N satellites at any cost.


The present infrastructure in no way impedes the construction of future
infrastructure. If it did, this would be a valid point. 

RE: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-16 Thread David Schwartz


 In any case, the bottom line is that whether through subsidy, deal,
 or other mechanism, the last-mile infrastructure tends to end up being
 a monopoly or duopoly for most terrestrial forms of infrastructure.
 As such, I think we should accept that monopoly and limit the monopoly
 zone to that area (MPOE-B-Box or MPEO-MDF) and prevent an unfair
 advantage by separating the management of that section of infrastructure
 from the service providers offering services which use said
 infrastructure.

This is the same create a free market through extensive regulation 
that
has created the disaster we have now. Any last mile technology whose cost of
deployment can only be justified by the value of a monopoly on its
deployment just won't be deployed in this model. That's not a free market.

This separation model may turn out to be a very good one or a very bad 
one.
But if we choose it and stick with it, what will happen in 50 or 100 years
when it's either broken or irrelevent? Remember, we got to where we are now
by choosing models that made sense in the voice telco time and make no sense
at all now.

Had we done this twenty years ago, the last mile would be dialup and
billions of public dollars would have been spent to create and maintain an
irrelevent technology. Meanwhile, the newer technologies wouldn't be
deployed.

 This, at least on a theoretical level creates a carrier-neutral
 party managing the monopoly portion while maximizing and levelling
 the playing field in all other areas.

A carrier-netural party may not be technology neutral, business model
neutral, or neutral in many ways that may turn out to be important. As I see
it, you give up on everything that's important from the very first step.
What if a non-carrier neutral last mile turns out to be the scheme most
people really want when it's offered to them?

Competition in last mile technologies, deployment strategies, contract
terms, and the like are not just important, they're absolutely vital.

If you try to pick the winners and losers, or worse let local 
governments
do so, you'll just get another generation of publically financed mediocre
solutions while the truly innovative technologies get shut out by the
monopoly arrangements.

DS




RE: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-16 Thread David Schwartz


  Right, and this is appropriate. Large investments in infrastructure
  should *not* be made if there's already adequate service. Better to
  invest in places where there isn't.

 Is that still true if the adequate service is being provided at a price
 which is two to three times what it should be costing and the provider
 is enjoying the ability to do this because nobody else is in the market
 space?

It depends how much they invested. In some areas that are very 
expensive to
serve, that may be precisely what happens. In areas that are easy to serve
and customer dense, you won't get away with this for very long.

You need prices to be high where it really is expensive to provide 
access
because that's what provides the incentive to develop cheaper ways to
provide access. Perhaps we don't all fly personal planes today because the
government chose to build roads.

  The government can't do a good job of picking winners and
  losers, so stop
  letting it.

 Agreed.  So, let the government do what it does well... Manage the things
 that tend to be natural monopolies and keep it out of everything else
 as much as possible.  Are you arguing that there should be competition
 for the provision of highways, for example?

Yes.

 How would you see that
 working?  Do we stack six copies of I-80 on top of each other, or, do
 we allocate multiple semi-parallel routes for freeways and let different
 companies build different routes and charge what they want for each of
 them?  How do you see that working on a neighborhood level?  Even
 if you think it works at the highway level, we're really talking about
 the neighborhood streets here.

Now you are asking me to pick the winners and losers and claiming that 
if
I'm not smart enough to pick the winners and losers, a free market won't
work. I am the one saying nobody is smart enough to figure out how to do it.
You are the one saying governments will be smart enough to build the right
infrastructure and now slow innovation. (As they always have in the past
despite every effort to provide 'equal access'.)

 The last-mile infrastructure for terrestrial services looks a lot more
 like a local roadways inside a neighborhood than any other analogy
 I can think of.  I have yet to see any environment where this has
 been accomplished on anything other than a monopoly basis.

The monopoly is not the problem. The lack of competition is the problem.
Perhaps you don't see the difference. If a monopoly is the most efficient
result, then competition will lead to an efficient monopoly. It's when you
choose a monopoly and shut out other efficient results that you have a
problem. That's the situation we have now and that's the situation you
propose to maintain.

If it's expensive or impractical to run eight company's fiber in a city,
then make the companies pay that expense to run fiber or don't let them.
That way, we'll have eight fibers if that really is the right solution and
we won't if it isn't. If someone wants to run carrier-neutral fiber, they
can do so. But if that's not the best model or best solution, don't shut out
the others.

  The list goes on, but, believe me when I tell you that there are
  plenty of consumers in California that do not feel that SBC
  is meeting their needs, but, they don't have access to a real
  CLEC.
 
  Oh, I know that story, believe me.

 So, do you really think that if SBC had the same terms for access to
 the MDF-MPOE leg that any competitor had this would not actually
 change or would get worse?  I don't.  I think it would actually
 solve many of the current problems and encourage many of the CLECs
 to re-enter the market.

I think if SBC had to open their circuits, they wouldn't build as many 
of
them unless they were forced to. Living in an area with no local high-speed
access options, I want them to have every incentive to build new
infrastructure. If you force them to build new infrastructure, or subsidize
it publically, then you are again picking winners and losers. The big losers
will be the new technologies, because they'll never have a chance

If a free market naturally creates a problem, then it creates an 
incentive
for a clever solution. No person or group could engineer a solution as
clever as the one the market will evolve. But your proposal requires such a
group. It essentially extends exactly what we have now.

  And what about a carrier that needs different
  infrastructure to provide
  the type of service it wants to provide?

 They can build it, and, if they get a competitor that wants equal access
 to it, they get reimbursed for the build.

You realize that that is absolutely crazy. That's like saying you can 
buy
a lottery ticket, and if you win, give me the ticket and I'll reimburse you
its cost.

  And repeating the same problem 50 years from now when
  innovative services
  can't compete with the maintained subsidized infrastructure.


RE: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-16 Thread Michael . Dillon

This separation model may turn out to be a very good one or a very 
bad one.
 But if we choose it and stick with it, what will happen in 50 or 100 
years
 when it's either broken or irrelevent? Remember, we got to where we are 
now
 by choosing models that made sense in the voice telco time and make no 
sense
 at all now.

This separation model has been proven in the UK with
electrical utilities, gas utilities and railroads.
Some serious mistakes were made in the railroad model
but they are being remedied over time and the model is
being adjusted.

In the UK, you can buy your electricity from your
gas company or your telephone company. Or you can get 
your home phone from your gas company. There is a regulated
utility that builds, repairs and operates the infrastructure
and last mile but they do not sell to consumers and business
users.

Go to the website http://www.uswitch.com and have a look
at the suppliers under the various categories. The separation
exists in its purest form with gas and electric suppliers but
you will notice that there is a broadband category because
from the consumer viewpoint, DSL internet access appears to
be structured in the same way.

I think that the UK model is the model of the future and I
suspect that the BT Openreach separation is an attempt by regulators
to move telecom into the same type of structure. You may find
the background documents at this site to be of interest
http://www.reform.co.uk/website/transport/thefutureofrail.aspx
because they show how the complexities of the rail industry are
adapted to this model. I can't imagine telecom to be any more
complex than rail.

--Michael Dillon

P.S. I have no personal knowledge of BT Openreach other than
what I can find via google.



Re: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-16 Thread Marshall Eubanks


Hello;

On Nov 16, 2005, at 1:16 AM, Owen DeLong wrote:




--On November 15, 2005 8:14:38 PM -0800 David Schwartz  
[EMAIL PROTECTED] wrote:






--On November 15, 2005 6:28:21 AM -0800 David Barak
[EMAIL PROTECTED] wrote:



OK... Let me try this again... True competition requires
that it be PRACTICAL for multiple providers to enter the
market, including the creation of new providers to seize
opportunities being ignored by the existing ones.


The worse the existing provider it is, the more practical it is to
compete with them. If they are providing what people want at a  
reasonable

price, there is no need for competition. If they are not, then the it
becomes practical for multiple providers to enter the market. If you
assume that the cost to develop existing infrastructure is not  
insanely

less than the cost to develop new infrastructure, the isolation from
competition comes directly from the investment.


1.  The existing infrastructure is usually all that is needed for
many of the services in question.  Laying parallel copper
as a CLEC is not only prohibitively expensive, in most
areas, it's actually illegal.  Usually, municipalities
have granted franchise rights of access to right of
way to particular companies on an exclusive basis.  That
makes it pretty hard for a competitor to enter the market
if they can't get wholesale access to the existing copper.

2.  The existing copper was actually deployed (at least in most
of the united States) using public subsidies.  The taxpayers
actually paid for the network.  The physical infrastructure
should be the property of the people.  The ownership claim
of the telephone companies is almost as baseless as the
Verisign clame that they own the data in whois.

	For example, if Bill Gates took a few billion dollars out of his  
pocket
and launched 80 satellites to provide wireless Internet access, it  
would
be damn hard to compete with him if he wasn't trying to recover  
those few
billion dollars. But if you spend a few billion, you get a few  
billion
worth. Anyone else can spend the same amount and get the same  
advantage.



3.  Except when you consider that there are only so many orbital
slots that can be maintained.  (see 1 above as well).  If Bill
manages to launch N satellites and N leaves N/2 orbital slots
available for other uses, then, it's pretty hard to launch
another N satellites at any cost.



I do not think that the ITU  allocates  orbital slots except for  
geostationary satellites (not even
24 hour inclined orbits, such as are so useful for satellite   
transmissions  to cars). So, if you
want  to launch a Teledesic or Iridium  clone, you can, assuming your  
credit cards are good for a few billion $.


Frequency assignment is, of course, another matter.


If he already has the satellites and is providing the service other
people want at a low price, then other competitors will lose. But  
so what?
Consumers win. And competition doesn't exist to benefit the  
competitors.




snip


Owen



Marshall


--
If this message was not signed with gpg key 0FE2AA3D, it's probably
a forgery.




RE: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-16 Thread Owen DeLong


--On November 16, 2005 4:23:20 AM -0800 David Schwartz
[EMAIL PROTECTED] wrote:

 
 
 In any case, the bottom line is that whether through subsidy, deal,
 or other mechanism, the last-mile infrastructure tends to end up being
 a monopoly or duopoly for most terrestrial forms of infrastructure.
 As such, I think we should accept that monopoly and limit the monopoly
 zone to that area (MPOE-B-Box or MPEO-MDF) and prevent an unfair
 advantage by separating the management of that section of infrastructure
 from the service providers offering services which use said
 infrastructure.
 
   This is the same create a free market through extensive regulation 
 that
 has created the disaster we have now. Any last mile technology whose cost
 of deployment can only be justified by the value of a monopoly on its
 deployment just won't be deployed in this model. That's not a free market.
 
   This separation model may turn out to be a very good one or a very bad
 one. But if we choose it and stick with it, what will happen in 50 or 100
 years when it's either broken or irrelevent? Remember, we got to where we
 are now by choosing models that made sense in the voice telco time and
 make no sense at all now.
 
The model we have now is a certain amount of facilities from a given center
to each residential unit within that centers serving area.  For any form
of terrestrial facilities, I don't see many alternatives to that model.  I
don't see how you plan to change that model.  Please explain to me what the
alternative model for deploying last-mile terrestrial facilities is.

As long as we are stuck with that model, I don't see how you will ever get
to a point where parallel facilities are cost effective to deploy, and, I
don't think that's necessary to get them deployed.  The reality is that
a monopoly on the facilities isn't required to make them cost effective
to deploy, but, it is unlikely to ever be cost effective to deploy parallel
facilities to create competition.  This is the natural monopoly scenario
of which I speak.

If such facilities would never be deployed under said model, then, why do
we have:

The golden gate bridge
The bay bridge
The Carquinez straits bridge
The new Carquinez straits bridge

The Interstate Highway system

Residential Telephone service without party lines

CATV

Realistically, for last-mile base infrastructure, there are really only a
few options today.  Co-ax, UTP, and Fiber.  A carrier neutral monopoly
provider of these base facilities in a given serving area (and nothing
says the same monopoly has to run all three) could serve multiple providers
of just about any possible service.

If we come up with a new terrestrial delivery method which has sufficient
promise, I'm betting it won't be that hard to get it deployed.  Fiber,
however, scales pretty far.  A single DWDM pair to the home really is
a pretty large amount of bandwidth.  We'll have many years of warning on
superior technology as it will have to be well and truly deployed in
the backbone prior to any need for it at the edge.

   Had we done this twenty years ago, the last mile would be dialup and
 billions of public dollars would have been spent to create and maintain an
 irrelevent technology. Meanwhile, the newer technologies wouldn't be
 deployed.
 
Nope... That shows me how much you truly don't understand how little I'm
talking about monopolizing.  The UTP between the MPOE and the MDF can be
used to serve POTS, ISDN, DSL, DS0, T1, and other services.  Since any
service provider could put any equipment they wanted at the ends of any
of those wire pairs, paying the monopoly maintainer only for the lease of
the dry copper pair, we would have seen a much more rapid deployment of
ISDN and DSL because the RBOCs would not have had any power to delay it.
We would have seen multiple providers competing for PSTN service on an
equal footing.  We might have seen providers offering true T1 services
at residential pricing.

 This, at least on a theoretical level creates a carrier-neutral
 party managing the monopoly portion while maximizing and levelling
 the playing field in all other areas.
 
   A carrier-netural party may not be technology neutral, business model
 neutral, or neutral in many ways that may turn out to be important. As I
 see it, you give up on everything that's important from the very first
 step. What if a non-carrier neutral last mile turns out to be the scheme
 most people really want when it's offered to them?
 
What technology... This is literally just the dumbest layer 1 part of the
network.  It's Wire or Fiber.  There aren't really any other options.  I
don't care if we create a monopoly for each of these technologies.  Since
all they can do is lease an unlit/unpowered piece of wire or fiber from
a serving center to a building MPOE, and, nothing else, and they are not
allowed to discriminate about what equipment, technology, service, etc.
the 

What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-15 Thread David Barak



--- Owen DeLong [EMAIL PROTECTED] wrote:
 True
 competition requires the ability
 for multiple providers to enter into the market,
 including the creation
 of new providers to seize opportunities being
 ignored by the existing ones.

Technically, lots of other providers CAN enter the
market - it's just very expensive to do so.  If there
are customers who are not receiving service from one
of the incumbent providers, a third party is certainly
welcome to {dig a trench | build wireless towers | buy
lots of well-trained pigeons for RFC 1419 access} and
offer the services to the ignored customers.

The problem is that the capital expenditures required
in doing so are very, very high, and most companies
don't see the profit in doing so.

 If two companies can act as gatekeeper for the
 entire market in a given
 area, that is not an environment where market forces
 carry much meaning.

Actually, here's where I'd disagree: market forces are
exactly the thing which is keeping other providers
OUT.  It's too expensive for them to buy their way
into these areas, and during all of the time when
access was mandated to be (relatively) cheap by law,
very few third parties actually built their own
infrastructure all the way to homes.  There are some
competitive cable plants in some cities (I remember
Starpower/RCN doing this in DC), but I'm not aware of
any residential phone providers who built all the way
out to houses exclusively on their own infrastructure.
 

This IS the market at work.  If you want it to be
different, what you want is more, not less regulation.
 That may or may not be a good thing, but let's just
be very clear about it.



David Barak
Need Geek Rock?  Try The Franchise: 
http://www.listentothefranchise.com



__ 
Yahoo! FareChase: Search multiple travel sites in one click.
http://farechase.yahoo.com


Re: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-15 Thread Matthew Crocker



Technically, lots of other providers CAN enter the
market - it's just very expensive to do so.  If there
are customers who are not receiving service from one
of the incumbent providers, a third party is certainly
welcome to {dig a trench | build wireless towers | buy
lots of well-trained pigeons for RFC 1419 access} and
offer the services to the ignored customers.


Technically anything is possible,  I could walk on the moon if I had  
enough $$.



The problem is that the capital expenditures required
in doing so are very, very high, and most companies
don't see the profit in doing so.


That is the exact problem with a [mon|du]opoly.  The incumbents drive  
the price so low (because they own the network) that it drives out an  
potential competition.


We don't need 8 fiber networks overlaid to every home in the US to  
provide competition.  We need a single high quality wholesale only  
fiber network which is open to use by all carriers.  I don't want  
200' telephone poles down my street with 10 rows of fiber. It doesn't  
make sense.


Actually, here's where I'd disagree: market forces are
exactly the thing which is keeping other providers
OUT.  It's too expensive for them to buy their way
into these areas, and during all of the time when
access was mandated to be (relatively) cheap by law,
very few third parties actually built their own
infrastructure all the way to homes.  There are some
competitive cable plants in some cities (I remember
Starpower/RCN doing this in DC), but I'm not aware of
any residential phone providers who built all the way
out to houses exclusively on their own infrastructure.



Again, because of the monopoly held by the incumbents keeping the  
price low enough that you can't afford to build your own infrastructure.


We don't need competition in the infrastructure business, we need  
competition in the bandwidth business.  That can only happen if the  
infrastructure is regulated, open and wholesale only.   The RBOCs  
should be split up into a wholesale *only* division (owns the poles,  
wires, buildings,switches) and a services *retail* division (owns the  
dialtone, bandwidth, customers ).   The wholesale division should  
sell service to the retail division at a regulated TELRIC based price  
which will allow the wholesale division to make enough money to build/ 
maintain the best infrastructure in the world.  Any competitive  
service provider can buy the same services at the same price as RBOC  
Retail.  Regulated such that wholesale profit can't subsidize retail  
services.  In high density areas there may be alternate  
infrastructure providers that can sell to CSPs and in rural america  
there will be one infrastructure provider and many CSPs



This IS the market at work.  If you want it to be
different, what you want is more, not less regulation.
 That may or may not be a good thing, but let's just
be very clear about it.


More regulation of the physical infrastructure (the expensive piece)  
and less regulation of the bits to foster competitive solutions and  
bring along new innovations.   The future innovations are not going  
to revolve around new types of fiber.  They will revolve around what  
can be done with high bandwidth to everyone.


--
Matthew S. Crocker
Vice President
Crocker Communications, Inc.
Internet Division
PO BOX 710
Greenfield, MA 01302-0710
http://www.crocker.com



Re: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-15 Thread Michael . Dillon

 The RBOCs 
 should be split up into a wholesale *only* division (owns the poles, 
 wires, buildings,switches) and a services *retail* division (owns the 
 dialtone, bandwidth, customers ).   The wholesale division should 
 sell service to the retail division at a regulated TELRIC based price 
 which will allow the wholesale division to make enough money to build/ 
 maintain the best infrastructure in the world. 

This is more or less what BT has done in the UK by splitting 
off all the field engineering into a separate company called
Openreach.

UK already has had a thriving digital radio network and
digital TV network for several years. They are already starting
to shut down analog TV transmitters. We have lept ahead in 
deployment of broadband with a variety of providers in most
cities. Perhaps there are lessons to be learned here?

 More regulation of the physical infrastructure (the expensive piece) 
 and less regulation of the bits to foster competitive solutions and 
 bring along new innovations.   The future innovations are not going 
 to revolve around new types of fiber.  They will revolve around what 
 can be done with high bandwidth to everyone.

I doubt if even the RBOC executives understand this fundamental
distinction.

--Michael Dillon



Re: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-15 Thread Owen DeLong



--On November 15, 2005 6:28:21 AM -0800 David Barak [EMAIL PROTECTED] 
wrote:






--- Owen DeLong [EMAIL PROTECTED] wrote:

True
competition requires the ability
for multiple providers to enter into the market,
including the creation
of new providers to seize opportunities being
ignored by the existing ones.


Technically, lots of other providers CAN enter the
market - it's just very expensive to do so.  If there
are customers who are not receiving service from one
of the incumbent providers, a third party is certainly
welcome to {dig a trench | build wireless towers | buy
lots of well-trained pigeons for RFC 1419 access} and
offer the services to the ignored customers.

The problem is that the capital expenditures required
in doing so are very, very high, and most companies
don't see the profit in doing so.


OK... Let me try this again... True competition requires
that it be PRACTICAL for multiple providers to enter the
market, including the creation of new providers to seize
opportunities being ignored by the existing ones.


If two companies can act as gatekeeper for the
entire market in a given
area, that is not an environment where market forces
carry much meaning.


Actually, here's where I'd disagree: market forces are
exactly the thing which is keeping other providers
OUT.  It's too expensive for them to buy their way
into these areas, and during all of the time when
access was mandated to be (relatively) cheap by law,
very few third parties actually built their own
infrastructure all the way to homes.  There are some
competitive cable plants in some cities (I remember
Starpower/RCN doing this in DC), but I'm not aware of
any residential phone providers who built all the way
out to houses exclusively on their own infrastructure.


No... Actually, the lack of market forces in the beginning
is what allows the incumbent providers to have an advantage.
The incumbent providers received huge subsidies from the
government to build the existing infrastructure, and, continue
to receive said subsidies (universal service).  New providers,
OTOH, are being forced to build parallel infrastructure
and collect USF taxes while not receiving USF subsidies.
In some cases, rather than build parallel infrastructure,
they have the option of leasing infrastructure from
the incumbent providers, but, that has it's other lack-of-
market force problems.

If it were equally expensive for the existing providers and
the new providers, there would be no lack of competition.
The fact that the existing providers have an economic
advantage as a result of subsidies is not a market force,
it is the lack of a level playing field preventing
market forces from acting.



This IS the market at work.  If you want it to be
different, what you want is more, not less regulation.
 That may or may not be a good thing, but let's just
be very clear about it.


Nope... What I want is LESS subsidy to incumbents and
a recognition that infrastructure built with public funds
belongs to the public.  Said infrastructure should be equally
open to all service providers on equal terms, regardless
of who holds the contract to maintain it.

Imagine instead of today's scenarios, an environment where
SBC didn't think they OWNed the pipes, but, instead, the
city's owned the copper in the street and contracted with
entity that doesn't sell direct end-services to maintain said
infrastructure for the city.  Then, all RBOCs/ILECs/CLECs
paid the same price to the City through said entity for
the same services, whether dry copper connection, dark
fiber, OC-X, etc.  The city would have a term to the contract
and would put it up for rebid periodically.

That would be market forces at work and not MORE regulation.

What we have today is an attempt to reduce regulation without
recognizing the need to correct the damage already done
by regulation.

Owen



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RE: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-15 Thread David Schwartz


 --On November 15, 2005 6:28:21 AM -0800 David Barak
 [EMAIL PROTECTED] wrote:

 OK... Let me try this again... True competition requires
 that it be PRACTICAL for multiple providers to enter the
 market, including the creation of new providers to seize
 opportunities being ignored by the existing ones.

The worse the existing provider it is, the more practical it is to 
compete
with them. If they are providing what people want at a reasonable price,
there is no need for competition. If they are not, then the it becomes
practical for multiple providers to enter the market. If you assume that the
cost to develop existing infrastructure is not insanely less than the cost
to develop new infrastructure, the isolation from competition comes directly
from the investment.

For example, if Bill Gates took a few billion dollars out of his pocket 
and
launched 80 satellites to provide wireless Internet access, it would be damn
hard to compete with him if he wasn't trying to recover those few billion
dollars. But if you spend a few billion, you get a few billion worth. Anyone
else can spend the same amount and get the same advantage.

If he already has the satellites and is providing the service other 
people
want at a low price, then other competitors will lose. But so what?
Consumers win. And competition doesn't exist to benefit the competitors.

If he already has the satellites but is not providing the service other
people want or isn't charging a reasonable price, or both, then anyone else
can make the same infrastructure investment for a comparable cost. If he's
not satisfying demand, the demand is still there, and he's just losing some
of the benefits his infrastructure could be giving him.

 No... Actually, the lack of market forces in the beginning
 is what allows the incumbent providers to have an advantage.

There is only a lack of market forces if the incumbent is meeting the 
needs
of the consumers. And if they are, there is no need for a competitor.

 Nope... What I want is LESS subsidy to incumbents and
 a recognition that infrastructure built with public funds
 belongs to the public.  Said infrastructure should be equally
 open to all service providers on equal terms, regardless
 of who holds the contract to maintain it.

 Imagine instead of today's scenarios, an environment where
 SBC didn't think they OWNed the pipes, but, instead, the
 city's owned the copper in the street and contracted with
 entity that doesn't sell direct end-services to maintain said
 infrastructure for the city.  Then, all RBOCs/ILECs/CLECs
 paid the same price to the City through said entity for
 the same services, whether dry copper connection, dark
 fiber, OC-X, etc.  The city would have a term to the contract
 and would put it up for rebid periodically.

 That would be market forces at work and not MORE regulation.

How would governments owning the infrastructure and setting the rules 
not
be more regulation? And how would designing a system that favors one set of
business models and effectively prohibits others that would otherwise be
viable not be more regulation?

Competition in business models, infrastructure technology, and the like 
is
just as important (if not more so) as competition in price and services
within a given model.

What happens if the government builds a copper infrastructure and 
someone
else wants to build fiber? How can they compete with the subsidized
infrastructure you propose (what else can you mean when you say the city's
owned the copper)?

 What we have today is an attempt to reduce regulation without
 recognizing the need to correct the damage already done
 by regulation.

You can't correct the damage. It's not possible. All you can do is 
pick
winners and losers *again*. The previous chosen winners and losers don't
really exist anymore in their previous form -- all you can do is more
damage.

DS




RE: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-15 Thread Owen DeLong



--On November 15, 2005 8:14:38 PM -0800 David Schwartz 
[EMAIL PROTECTED] wrote:






--On November 15, 2005 6:28:21 AM -0800 David Barak
[EMAIL PROTECTED] wrote:



OK... Let me try this again... True competition requires
that it be PRACTICAL for multiple providers to enter the
market, including the creation of new providers to seize
opportunities being ignored by the existing ones.


The worse the existing provider it is, the more practical it is to
compete with them. If they are providing what people want at a reasonable
price, there is no need for competition. If they are not, then the it
becomes practical for multiple providers to enter the market. If you
assume that the cost to develop existing infrastructure is not insanely
less than the cost to develop new infrastructure, the isolation from
competition comes directly from the investment.


1.  The existing infrastructure is usually all that is needed for
many of the services in question.  Laying parallel copper
as a CLEC is not only prohibitively expensive, in most
areas, it's actually illegal.  Usually, municipalities
have granted franchise rights of access to right of
way to particular companies on an exclusive basis.  That
makes it pretty hard for a competitor to enter the market
if they can't get wholesale access to the existing copper.

2.  The existing copper was actually deployed (at least in most
of the united States) using public subsidies.  The taxpayers
actually paid for the network.  The physical infrastructure
should be the property of the people.  The ownership claim
of the telephone companies is almost as baseless as the
Verisign clame that they own the data in whois.


For example, if Bill Gates took a few billion dollars out of his pocket
and launched 80 satellites to provide wireless Internet access, it would
be damn hard to compete with him if he wasn't trying to recover those few
billion dollars. But if you spend a few billion, you get a few billion
worth. Anyone else can spend the same amount and get the same advantage.


3.  Except when you consider that there are only so many orbital
slots that can be maintained.  (see 1 above as well).  If Bill
manages to launch N satellites and N leaves N/2 orbital slots
available for other uses, then, it's pretty hard to launch
another N satellites at any cost.


If he already has the satellites and is providing the service other
people want at a low price, then other competitors will lose. But so what?
Consumers win. And competition doesn't exist to benefit the competitors.


4.  But, what tends to happen instead is that Bill charges whatever
he can get to recoup his billions until someone else launches
their satellites (has expended the capital).  Then, when they
start to go after revenue, Bill drops his prices to something
they can't sustain because they don't have his bankroll and
have to recoup their costs.  They go out of business and Bill
either buys their satellites, or, they become space-junk.
Bill brings his prices back up to previous levels, and,
consumers lose and the competition loses too.

Even if Bill doesn't actually do this, the knowledge that he could
causes investors to view the new satellite company as a bad risk,
so, Bill's monopoly position prevents investment into competitive
entry into the market.

Finally, since Bill doesn't have to worry about anyone else being
actually able to launch competing satellites, Bill has no reason
to innovate unless Bill can see a much higher profit margin
at the end of said innovation. (look at today's Telco as a prime
example of this form of complacency.  Actually, telco's are
very innovative, but, they focus on regulatory innovation instead
of technical innovation).


If he already has the satellites but is not providing the service other
people want or isn't charging a reasonable price, or both, then anyone
else can make the same infrastructure investment for a comparable cost.
If he's not satisfying demand, the demand is still there, and he's just
losing some of the benefits his infrastructure could be giving him.


5.  But, if you want this analogy to match the current copper plant
in the ground in most of the US, then, you have to also account
for the fact that Bill received 30-45 of his 60 billion in
investment in the form of public subsidies.  Are you going to
give all comers the same public subsidy (blank check)?  Instead,
you end up with exactly what we have today in the telcos.
Semi-regulated monopolies that think they own an infrastructure
built with taxpayer money. (see also 2 above)


No... Actually, the lack of market forces in the 

RE: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-15 Thread David Schwartz


 --On November 15, 2005 8:14:38 PM -0800 David Schwartz
 [EMAIL PROTECTED] wrote:

  --On November 15, 2005 6:28:21 AM -0800 David Barak
  [EMAIL PROTECTED] wrote:

  OK... Let me try this again... True competition requires
  that it be PRACTICAL for multiple providers to enter the
  market, including the creation of new providers to seize
  opportunities being ignored by the existing ones.

  The worse the existing provider it is, the more practical it is to
  compete with them. If they are providing what people want at a
  reasonable
  price, there is no need for competition. If they are not, then the it
  becomes practical for multiple providers to enter the market. If you
  assume that the cost to develop existing infrastructure is not insanely
  less than the cost to develop new infrastructure, the isolation from
  competition comes directly from the investment.

 1.The existing infrastructure is usually all that is needed for
   many of the services in question.  Laying parallel copper
   as a CLEC is not only prohibitively expensive, in most
   areas, it's actually illegal.  Usually, municipalities
   have granted franchise rights of access to right of
   way to particular companies on an exclusive basis.  That
   makes it pretty hard for a competitor to enter the market
   if they can't get wholesale access to the existing copper.

For now this may be true. But you'll set up another generation of the 
same
problem if you continue to advocate subsidized infrastructure. At some point
that infrastructure will be inadequate, and you will have done nothing to
make it easier to build competitive new infrastructure. If munipalities
granting monopolies is a problem, then stop such monopolies -- don't
advocate them!

 2.The existing copper was actually deployed (at least in most
   of the united States) using public subsidies.  The taxpayers
   actually paid for the network.  The physical infrastructure
   should be the property of the people.  The ownership claim
   of the telephone companies is almost as baseless as the
   Verisign clame that they own the data in whois.

It doesn't much matter and it can't be fixed. The static value of the
infrastructure is basically depreciated to zero by now. The profits have
been reaped. Don't justify future bad decisions on past inquities that can't
be fixed anyway. Just start right from now on.

  For example, if Bill Gates took a few billion dollars out
  of his pocket
  and launched 80 satellites to provide wireless Internet access, it would
  be damn hard to compete with him if he wasn't trying to recover
  those few
  billion dollars. But if you spend a few billion, you get a few billion
  worth. Anyone else can spend the same amount and get the same advantage.

 3.Except when you consider that there are only so many orbital
   slots that can be maintained.  (see 1 above as well).  If Bill
   manages to launch N satellites and N leaves N/2 orbital slots
   available for other uses, then, it's pretty hard to launch
   another N satellites at any cost.

The present infrastructure in no way impedes the construction of future
infrastructure. If it did, this would be a valid point. At best this just
shows that the my analogy is not so good.

  If he already has the satellites and is providing the service other
  people want at a low price, then other competitors will lose.
  But so what?
  Consumers win. And competition doesn't exist to benefit the competitors.

 4.But, what tends to happen instead is that Bill charges whatever
   he can get to recoup his billions until someone else launches
   their satellites (has expended the capital).  Then, when they
   start to go after revenue, Bill drops his prices to something
   they can't sustain because they don't have his bankroll and
   have to recoup their costs.  They go out of business and Bill
   either buys their satellites, or, they become space-junk.
   Bill brings his prices back up to previous levels, and,
   consumers lose and the competition loses too.

This doesn't work in practice. It only does in theory. There are many, 
many
reasons why. One is that service is often contracted for on a long term.
Another is that spot competitors can compete in small areas when prices drop
and you can't locally vary your prices forever because it's hard
logistically.

As soon as the prices go back up, the competitors come back. And the
screwed customers don't.

   Even if Bill doesn't actually do this, the knowledge that he could
   causes investors to view the new satellite company as a bad risk,
   so, Bill's monopoly position prevents investment into competitive
   entry into the market.

Right, and this is appropriate. Large investments in infrastructure 
should
*not* be made if there's already adequate service. Better to invest in

Re: What do we mean when we say competition? (was: Re: [Latest draft of Internet regulation bill])

2005-11-15 Thread Mikael Abrahamsson


On Tue, 15 Nov 2005 [EMAIL PROTECTED] wrote:


This is more or less what BT has done in the UK by splitting
off all the field engineering into a separate company called
Openreach.


Telia in Sweden did that (Skanova), now that they're privatised (partly) 
they're merging that unit back again, and it never was a really separate 
unit.


Having a separate cable company with airtight divide to the service 
company is a must. Economy of scale says only one cable is needed to the 
consumer, but from there it seems there is enough different ways of doing 
things that it warrants a plenthora of companies to supply service, I 
would say at least three.


Price of bw in Sweden which generally has at least 3 different ISPs 
colocating with telia in the larger phone stations, is at $25 per month 
plus tax for ADSL 8/1, personally I think that if we had a separate cable 
company this would actually be slightly lower, if not, we would at least 
have equal access to the premesis (currently something like 30% of the 
phonestations are claimed to be out of space by Telia, but they can 
still build-out new services themselves as they prioritize their own 
equipment).


--
Mikael Abrahamssonemail: [EMAIL PROTECTED]