iPhone app iPad app Android phone app Android tablet app More

Featuring fresh takes and real-time analysis from HuffPost's signature lineup of contributors
John Tarnoff

John Tarnoff

Posted: January 19, 2011 12:22 PM

The Net Neutrality fire continues to smolder with Verizon's just-announced support of Comcast, in Comcast's dispute with internet backbone provider Level 3 Communications. In a letter to the FCC, Verizon opines that Comcast charging additional fees to Level 3 does not violate the FCC's new Net Neutrality rules.

To Comcast, this is merely a dispute over "peering" or inter-network traffic. Level 3 sees it differently. As Netflix's new streaming data provider, Level 3 believes it is being targeted by the nation's largest cable provider (and now the majority owner of NBC-Universal) in an attempt to make it more expensive for Netflix to reach Comcast customers. This would clearly violate the FCC's new and admittedly weak Net Neutrality rules, which read, in part: "To the extent that a content, application, or service provider could avoid being blocked only by paying a fee [to a broadband provider], charging such a fee would not be permissible under these rules."

Comcast and Verizon are focusing the discussion on the bandwidth and peering issue, as if they are agnostic about the content that Level 3 is delivering. Is it any coincidence that Comcast slapped additional fees on Level 3 immediately after Netflix's decision to switch their traffic from Akamai to Level 3? Pardon me if I am suspicious of Big Bandwidth's (the cable and wireless providers) blithe attempts to sweep all this under the rug as if it were a dainty dinnertime disagreement between family members.

Last year Comcast won a court decision that limited the FCC's ability to classify the internet as an "information service," and put a serious crimp in its Net Neutrality policy agenda. Since then, regressive Congressional voices like senators Kay Bailey Hutchison, Jim DeMint and John Ensign have twisted the debate in a cynical partisan nod to Big Bandwidth. They claim that the FCC's Net Neutrality rules constitute what amounts to "over regulation" of the internet, when, in actuality, the FCC is trying to protect the internet from becoming a walled garden controlled by the Big Bandwidth companies. They want to be able to decide who gets to stream content over their pipes, and who doesn't. They want to keep the playing field small, and curtail new players with deep pockets and potentially innovative business models (like Netflix, but also Google), who understand today's audience and are not wedded to the 20th century media/entertainment business.

As senator Al Franken has expressed on these screens, Net Neutrality is the most important free speech issue of our time. It is time to reframe the debate so everyone understands who the good guys and the bad guys really are, here. The FCC is trying to keep the gates open for all content providers (including visionary new content startups), not prevent companies from providing fair and reasonable services. It is not surprising that senator Hutchison and her ilk are promoting restraint of trade, but calling it free trade.

It's not about fees: charge what the market will bear, but do not favor or tier access to content. Bandwidth is bandwidth. But as Verizon and Comcast and their Capitol Hill allies would have it (with apologies to Mr. Orwell), some bandwidths are more equal than others.

Old media is doing everything it can to resist the erosion of old content revenue models brought about by the legitimate availability of content over the Internet. It's time to face the facts: screen-based entertainment content has been commoditized and we can't put the horse back in the barn. We need to allow new revenue models to emerge from this chaos. The sooner all content is made available all the time, day-and-date, the sooner we will usher in a new age of prosperity in the content business.

Please don't anyone try to condescend to me here by playing the "piracy" card, or the "content cannibalization" card. As my colleagues at Carnegie Mellon have demonstrated, piracy goes down when content is made available online legally. More and more experience is showing that online availability of content actually promotes viewership, including, famously, NBC's broadcast of last year's winter Olympics in Vancouver.

What Big Bandwidth apologists misrepresent as FCC "regulation" of Net Neutrality is actually the preservation of the open market.

 

Follow John Tarnoff on Twitter: www.twitter.com/johntarnoff

 
 
  • Comments
  • 5
  • Pending Comments
  • 0
  • View FAQ
Comments are closed for this entry
View All
Recency  | 
Popularity
02:32 PM on 02/01/2011
Fascinating article which really does hit on "the most important free speech issue of our time." It is a complicated, nuanced issue and will affect nearly every person in this country.
But somehow it only leads to 4 comments. Meanwhile, an article posted yesterday about Kim Kardashian's nipple has nearly 700 comments.

I pray this says more about Huffington Post than it does about our country. Unfortunately, it does not.
12:43 PM on 01/21/2011
John, you are right on the money. My big worry is that with the kid of immense financial resources now available to Comcast/NBCU, how difficult will it be to influence the decision makers. It would be naive to assume that there isn't a whole lot of behind the scenes negotiating going on and influence being bandied about. It is shocking that the FCC thinks their "conditions" on the merger will amount to a hill of beans. I've seen it time and time again where there is that kind of money, the law and the public good go right out the window. I think we're seeing some of that now. Afterall, this merger is clearly NOT in the public interest.
photo
HUFFPOST SUPER USER
Hiqutipie
Independent... Don't talk just Kiss ...
03:13 PM on 01/19/2011
This is nothing more then "Paid Access to the Internet"...The same thing Comcast has done to cable they and the other companies want to do to The Free Internet... Slice it up & Pay for what you want in tier services that will make them Billionaires...LMAO...which they already are...and the place they are going to start...Mobile Phones...Which was temporary exempted from "Net Protection Neutrality"
photo
HUFFPOST BLOGGER
John Tarnoff
21st century citizen, media education advisor
02:54 AM on 01/20/2011
Agreed. However this is not about consumer access to content, this is about content's access to consumers. If Big Bandwidth is allowed to pick and choose who gets to use their pipes, based on tiering access for _providers_, then they've killed innovation. Yes - the Mobile exclusion from December's FCC rules created Net Neutrality on the wired side, but Net Bias on the wireless side. Makes no sense, but that's what they did. Back to the "some bandwidths are more equal than others" argument. Bandwidth is bandwidth, regardless of where you're accessing it. Is your video content somehow different if you're seeing it on your laptop vs. your phone? No, it's the same video. So why charge the content owner a different fee for delivery over the same internet to two different devices?
photo
HUFFPOST SUPER USER
Hiqutipie
Independent... Don't talk just Kiss ...
10:27 AM on 01/20/2011
I fully understand that John. They want to charge video streaming companies access on the amount of bandwidth used which in turn they will pass on to the consumer as they promote those that pay which is the total opposition & purpose of the Net which in turn leads to tiered services...The Library is Free but if you want to see these important books you'll have to join the club & pay to see them which goes against the purpose of the Open Public Library...

But I'll go a step further then that... The Net is Free & Open... Bandwidth should not be monitored or measured and used to punish users as it has been with many providers. Its a high speed highway that once you're on you should be able to fly especially as video providers are constantly improving video code. Its rather infuriating that you can download for Free on pc or laptop all day long but once you download from mobile they can charge you for every MB, thats beyond absurd...