FC: Cato's Adam Thierer on ""Solving the Broadband Paradox"

From: Declan McCullagh (declanat_private)
Date: Sat Oct 12 2002 - 07:50:36 PDT

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    Subject: Cato article:
    From: tpearsonat_private
    Date: Fri, 11 Oct 2002 12:16:06 -0700
    To: declanat_private
    
         My article, "Solving the Broadband Paradox," from the Spring 2002 
    edition of Issues in Science and Technology is finally online at:
    
    http://www.nap.edu/issues/18.3/thierer.html
         Just thought you'd be interested.  - - Adam Thierer
    
    
    Article
    
    ADAM D. THIERER
    
    Solving the Broadband Paradox
    
    The technology is ready, but the market is not. Deregulation, not 
    subsidies, will speed adoption.
    
    If The Graduate were being filmed today, the one-word piece of advice that 
    young Benjamin Braddock would hear is "broadband." Most simply defined as a 
    high-speed communications connection to the home or office, broadband 
    offers Americans the promise of faster Internet access, rapid data 
    downloads, instantaneous video on demand, and a more secure connection to a 
    variety of other cutting-edge technologies and services.
    
    If it were to become ubiquitously available throughout the United States, 
    broadband communications services might finally make possible some 
    long-dreamed-of commercial applications, including telecommuting, video 
    conferencing, telemedicine, and distance learning. Beyond transforming the 
    workplace, broadband could open new opportunities in the home for 
    activities such as electronic banking, online gaming, digital television, 
    music swapping, and faster Web surfing in general.
    
    For these reasons, a growing number of pundits and policymakers are saying 
    that Americans need broadband and they need it now. Moreover, assorted 
    telecom, entertainment, and computer sector leaders are also proclaiming 
    that the future of their industries depends on the rapid spread of 
    broadband access throughout the economy and society. For example, 
    Technology Network (Tech Net), one of the leading tech sector lobbying 
    groups, is asking policymakers to commit to a JFK-esque "man on the moon" 
    promise of guaranteeing 100 megabits per second (Mbps) connections for 100 
    million U.S. homes and small businesses by the end of this decade. This 
    represents a bold--some would say unrealistic--vision for the future, 
    considering that most Americans today are using a 56K narrowband modem 
    connection and balking at paying the additional fee for a 1.5-Mbps 
    broadband hookup.
    
    What exactly is holding back the expansion of broadband services in 
    America? Is a 100-Mbps vision within 10 years just a quixotic dream? What 
    effect has regulation had on this sector in the past, and what role should 
    public policy play in the future?
    
    A digital white elephant?
    
    As interesting as these questions are, the most important and sometimes 
    forgotten question we should be asking first is: Do consumers really want 
    this stuff? In the minds of many industry analysts, consumer demand for 
    broadband services is simply taken for granted. Many policymakers see an 
    inevitable march toward broadband and want to put themselves at the head of 
    the parade. They have adopted the Field of Dreams philosophy: "If you 
    deploy it, they will subscribe."
    
    But is this really the case? Are Americans clamoring for broadband? Are the 
    benefits really there, and if so, do citizens understand them?
    
    The answers to these questions remain surprisingly elusive for numerous 
    reasons. This market is still in its infancy, and statistical measures are 
    still being developed to accurately gauge potential consumer demand. Thus 
    far, the most-quoted surveys have been conducted by private consulting and 
    financial analysis firms. The cited results are all over the board, and 
    critical evaluation is difficult because the full detailed analysis is 
    available only to those who pay the hefty subscription fees. However, when 
    one looks at government statistics about actual broadband use, it seems 
    clear that the public has not yet caught broadband fever. According to the 
    Federal Communications Commission (FCC), only 7 percent of U.S. homes 
    subscribe to a high-speed access service connection, even though broadband 
    access is available to roughly 75 to 80 percent of U.S. households. A clear 
    paradox seems to exist in the current debate over this issue: Everyone is 
    saying the public demands more broadband, yet the numbers don't yet suggest 
    they really do. What gives?
    
    The FCC's recently issued Third Report on the Availability of High Speed 
    and Advanced Telecommunications Capability concluded that broadband was 
    being made available to Americans in a "reasonable and timely fashion." The 
    report noted that over 70 percent of homes have cable modem service 
    available to them, 45 percent have telco-provided digital subscriber line 
    (DSL) service available, 55 percent of Americans have terrestrial fixed 
    wireless broadband options, and almost every American household can 
    purchase satellite-delivered broadband today.
    
    Importantly, however, the FCC concluded that although broadband was within 
    reach of most U.S. homes, most households were not yet subscribing. The FCC 
    report notes that, "cost appears to be closely associated with the number 
    of consumers willing to subscribe to advanced services." It cites one 
    private-sector survey that revealed that 30 percent of online customers 
    were willing to pay $25 per month for broadband, but only 12 percent were 
    willing to pay $40. Broadband service currently costs $40 to $50 per month 
    on top of installation costs. This is a lot of money for the average 
    household, especially when compared to other monthly utility bills.
    
    And therein lies the real reason why broadband subscribership remains so 
    sluggish: Most Americans still view broadband as the luxury good it really 
    is instead of the life necessity that some policymakers paint it to be. Not 
    every American needs, or even necessarily wants, a home computer or a 
    connection to the Internet. This is especially the case for elderly 
    households and households without children. In fact, children are a 
    critical source of demand for the Internet and for broadband.
    
    The National Telecommunications and Information Administration (NTIA) 
    recently issued a report, A Nation Online: How Americans Are Expanding 
    Their Use of the Internet, which found that a stunning 90 percent of 
    children between the ages of 5 and 17 now use computers and that 75 percent 
    of 14-to-17-year-olds and 65 percent of 10-to-13-year-olds use the 
    Internet. Moreover, households with kids under 18 are more likely to access 
    the Internet (62 percent) than are households with no children (53 percent).
    
    The moral of the story is that to the extent that there is any sort of 
    "digital divide" in this country, it is between the old and the young. We 
    may just need to wait for the younger generation to grow up and acquire 
    wallets and purses before broadband demand really intensifies.
    
    But beyond the generation gap issue, other demand-side factors are holding 
    down broadband adoption rates. For example, residential penetration rates 
    are being held down by the fact that broadband access in the workplace is 
    often viewed as a substitute for household access. If I can get online at 
    work for a few minutes during the lunch hour each day and order goods from 
    bandwidth-intensive sites such as Amazon.com, JCrew.com, or E-Bay, why do I 
    really need an expensive broadband hookup at home at all? A narrowband 
    dialup connection at home will give me easy access to e-mail and even allow 
    me to get around most Web sites without much of a headache. I'll just have 
    to be patient when I hit the sites with lots of bells and whistles.
    
    Most Americans still view broadband as the luxury good it really is instead 
    of the life necessity that some policymakers paint it to be.
    
    Another important demand-side factor that must be taken into account is the 
    lack of so-called "killer aps," or broadband applications that would 
    encourage or even require consumers to purchase high-speed hookups for 
    their homes. Although it makes many people (especially policymakers) 
    uncomfortable to talk about it, the two most successful killer aps so far 
    have been Napster and pornography. Like it or not, the illegal swapping of 
    copyrighted music and the downloading of nudie pics has probably done more 
    to encourage broadband subscription than any other online application thus 
    far. While politicians work hard to rid the world of online file sharing 
    and porn, they may actually be eliminating the only two services with 
    enough appeal to convince consumers to take the broadband plunge.
    
    But this certainly doesn't count as the most serious obstacle policymakers 
    have created to the growth of broadband markets. Regulation has played, and 
    continues to play, a very important role in how service providers deploy 
    broadband.
    
    Regulatory roulette
    
    Beyond the question of how much demand for broadband services really exists 
    in the present marketplace, important supply-side questions remain the 
    subject of intense debate as well. Many policymakers and members of the 
    consuming public are asking why current providers are not doing more to 
    roll out broadband service to the masses.
    
    Regulation is certainly a big part of the supply-side problem. The primary 
    problem that policymakers face in terms of stimulating increased broadband 
    deployment is that the major service providers have decidedly different 
    regulatory histories. Consider the radically different regulatory paradigms 
    governing today's major broadband providers.
    
    Telephone companies have traditionally been designated as common carriers 
    by federal, state, and local regulators. As common carriers, they have been 
    expected to carry any and all traffic over their networks on a 
    nondiscriminatory basis at uniform, publicly announced rates. At the 
    federal level, the regulation of telephone companies generally falls under 
    Title II of the Communications Act, and this regulation is carried out by 
    the Common Carrier Bureau at the FCC. Today, telephone companies provide 
    broadband service to Americans through DSL technologies that operate over 
    the same copper cables that carry ordinary phone traffic. Telephone 
    companies account for almost 30 percent of the current marketplace.
    
    Cable companies have traditionally been more heavily regulated at the 
    municipal level, because each cable company was quarantined to a local 
    franchise area. Although they gained the exclusive right to serve these 
    territories, many rate controls and programming requirements were 
    traditionally required as well. But cable has not been treated as a common 
    carrier. Rather, the industry has been free to make private (sometimes 
    exclusive) deals with content providers on terms not announced to the 
    public beforehand. At the federal level, cable regulations fall under Title 
    VI of the Communications Act and are usually managed by the Cable Services 
    Bureau at the FCC. Cable companies provide broadband service to Americans 
    through cable modem technologies and are the leading provider of broadband, 
    accounting for just under 70 percent of current users.
    
    Satellite and wireless providers have been less heavily regulated than 
    telephone and cable carriers, but many rules still govern the way this 
    industry does business. The federal regulations these carriers face are 
    found in various provisions of the Communications Act and subsequent 
    statutes, but most oversight responsibilities fall to the Cable Services 
    Bureau, which is ironic given the wire-free nature of satellite 
    transmissions. The FCC's Wireless Bureau also has a hand in the action. 
    Like cable providers, satellite companies are considered private carriers 
    rather than common carriers. Unlike cable and telephone companies, wireless 
    carriers have not encountered as much direct regulation by state or local 
    officials, given the more obvious interstate nature of the medium. (The 
    exception to this is municipal zoning ordinances governing tower antenna 
    placement, which continue to burden the industry.) Today, wireless 
    providers offer broadband service to the public through a special satellite 
    dish or receiving antenna and set-top box technologies. With the highest 
    monthly subscription fees and the most expensive installation and equipment 
    charges, satellite companies have captured less than 2 percent of the market.
    
    
    These three industry sectors--telephony, cable, and satellite--are the 
    primary providers of broadband connections to the home and business today. 
    Although they use different transmission methods and technologies, they all 
    essentially want to provide consumers with the same service: high-speed 
    communications and data connectivity. And yet these providers are currently 
    governed under completely different regulatory methodologies. FCC 
    regulations are stuck in a regulatory time warp that lags behind current 
    market realities by several decades, and regrettably the much-heralded 
    Telecommunications Act of 1996 did nothing to alter the fundamental nature 
    of these increasingly irrelevant and artificial legal distinctions.
    
    The current regulatory arrangement means that firms attempting to offer 
    comparable services are being regulated under dissimilar legal standards. 
    It betrays the cardinal tenet of U.S. jurisprudence that everyone deserves 
    equal treatment under the law, and the danger is that it could produce 
    distorted market outcomes. Can these contradictory regulatory traditions be 
    reconciled in such a way that no one player or industry segment has an 
    unfair advantage over another? In theory, the answer is obviously yes, but 
    in practice it will be quite difficult to implement.
    
    Most favored nation
    
    The public policy solution is to end this regulatory asymmetry not by 
    "regulating up" to put everyone on equally difficult footing but rather by 
    "deregulating down." That is, to the extent legislators and regulators 
    continue to set up ground rules for the industry at all, they should 
    consider borrowing a page from trade law by adopting the equivalent of a 
    "most favored nation" (MFN) clause for telecommunications. In a nutshell, 
    this policy would state that: "Any communications carrier seeking to offer 
    a new service or entering a new line of business should be regulated no 
    more stringently than its least-regulated competitor."
    
    Such an MFN for telecommunications would ensure that regulatory parity 
    exists within the telecommunications market as the lines between existing 
    technologies and industry sectors continue to blur. Placing everyone on the 
    same deregulated level playing field should be at the heart of 
    telecommunications policy to ensure nondiscriminatory regulatory treatment 
    of competing providers and technologies at all levels of government.
    
    So much for theory. In practice, the difficulty is that deregulation of 
    this industry is not popular with policymakers these days. In fact, the 
    recent debate over broadband deregulation in Congress has been an 
    incredibly heated affair, with all the industry players and special 
    interests squaring off over the Internet Freedom and Broadband Deployment 
    Act of 2001 (H.R. 1542). Sponsored by House Energy and Commerce Chairman 
    Billy Tauzin (R-La.) and ranking member John Dingell, (D-Mich.), the 
    Tauzin-Dingell bill would allow the Baby Bell companies, which offer local 
    phone service, to provide customers with broadband services in the same way 
    that cable and satellite companies are currently allowed to, free of the 
    infrastructure-sharing provisions of the Telecom Act of 1996.
    
    The Baby Bells are reluctant to make a large investment in broadband 
    infrastructure if they will be forced to let their competitors use that 
    infrastructure. In addition, under the current regulatory regime the Baby 
    Bells are not certain whether or not they can offer broadband services to 
    customers outside their local service areas. (They are clearly forbidden to 
    offer phone services outside these areas.) Passage of the Tauzin-Dingell 
    bill would resolve both of these questions and clear the way for the Baby 
    Bells to make a major commitment to broadband service.
    
    Cable companies, the large long-distance telephone companies, and small 
    telecom resellers vociferously oppose the Tauzin-Dingell measure, arguing 
    that it would represent the end of the road for them. These companies would 
    prefer not to have to compete head-to-head with the Baby Bells or to have 
    to invest in their own infrastructure. An intense lobbying, public 
    relations, and advertising campaign was initiated to halt the measure, and 
    the Bell forces responded in kind with stepped-up lobbying and ads of their 
    own. On February 27, after months of acrimonious debate, the House of 
    Representatives passed the Tauzin-Dingell measure with some last-minute 
    modifications. But it will likely prove to be a Pyrrhic victory for the 
    Bells, because of the bill's limited support in the Senate. Sen. Ernest 
    Hollings (D-S.C.), a longtime enemy of the Baby Bells and deregulation in 
    general, has vowed to kill the bill when it enters the Senate Commerce 
    Committee, which he rules with an iron hand.
    
    The bottom line is that deregulation has a very limited constituency in 
    today's Congress. Even proposals aimed at leveling the playing field for 
    all providers, which is essentially what the Tauzin-Dingell bill does, have 
    very limited chances of achieving final passage in today's legislative 
    environment. This is especially the case given that carriers seem unwilling 
    to forgo the insatiable urge to lobby for old and new rules that hinder 
    their competitors at every turn. Remember Cold War-era "MAD" policy? The 
    escalating lobbying and public relations battles have become the telecom 
    industry's equivalent of Mutually Assured Destruction: If you screw us, 
    we'll screw you.
    
    What Congress might do
    
    Although it appears increasingly unlikely that Congress will take the steps 
    needed to clean up the confusing and contradictory legal quagmire the 
    industry finds itself stuck in, a new class of broadband bills is 
    simultaneously being considered that would authorize a variety of 
    promotional efforts to spur broadband deployment. For example, Senate 
    Majority Leader Tom Daschle (D-S.D.) has argued that government "should 
    create tax credits, grants, and loans to make broadband service as 
    universal tomorrow as telephone access is today." And even though recent 
    government reports such as the NTIA and FCC studies cited above illustrate 
    that computer and broadband usage rates have been increasing, Sen. Patrick 
    Leahy (D-Vt.) reacted to this news by noting, "I suspect we have to add 
    money in the Congress" to boost the availability of these technologies.
    
    Daschle and Leahy are not along in calling for government to take a more 
    active role in promoting broadband use. In fact, one bill, the Broadband 
    Internet Access Act (S. 88, H.R. 267) has attracted almost 200 sponsors in 
    the House and over 60 in the Senate. The bill would create a tax incentive 
    regime to encourage communications companies to deploy broadband services 
    more rapidly and broadly throughout the United States. The measure would 
    offer a 10 to 20 percent tax credit to companies that roll out broadband 
    services to rural communities and "underserved" areas.
    
    Policymakers need to undertake some much-needed regulatory housecleaning by 
    removing outmoded rules and service designations from the books.
    
    Whereas the Broadband Internet Access Act would represent an indirect 
    government subsidy, more direct subsidization efforts are also on the 
    table. Last fall, the bipartisan duo of Rep. Leonard Boswell (D-Iowa) and 
    Rep. Tom Osborne (R-Neb.) introduced the Rural America Technology 
    Enhancement (RATE) Act (H.R. 2847), which would authorize $3 billion in 
    loans and credits for rural broadband deployment programs and establish an 
    Office of Rural Technology within the Department of Agriculture to 
    coordinate technology grants and programs. And these bills are just the tip 
    of the iceberg; there are dozens more like them in Congress.
    
    Welcome to the beginning of what might best be dubbed the "Digital New 
    Deal." In recent years, legislators and regulators have been promoting a 
    veritable alphabet soup of government programs aimed at jump-starting the 
    provision of broadband, especially in rural areas. Although only a handful 
    of such programs have been implemented thus far, many of these proposals 
    could eventually see the light of day, because so many policymakers seem 
    eager to do something to put themselves at the front of a technological 
    development that they see as inevitable. Deregulating the market so that 
    this development can follow its own course apparently will not enable them 
    to take credit for what happens.
    
    The problem, however, is that Washington could end up spending a lot of 
    taxpayer money with little gain to show for it, because it is unlikely that 
    tax credits or subsidies would catalyze as much deployment as policymakers 
    imagine. In the absence of fundamental regulatory reform, many providers 
    are unlikely to increase deployment efforts significantly. Although a 10 to 
    20 percent tax credit may help offset some of the capital costs associated 
    with network expansion, many carriers will still be reluctant to deploy new 
    services unless a simple and level legal playing field exists.
    
    If legislators sweetened the deal by offering industry a 30 to 50 percent 
    credit to offset deployment costs, it might make a difference. But if 
    subsidy proposals reached that level, it would beg the question: Why not 
    just let government build the broadband infrastructure in rural areas 
    itself? Ironically, that is exactly what a number of small rural municipal 
    governments are proposing to do today. Frustrated with the slow pace of 
    rollout by private companies, some local authorities are proposing to turn 
    broadband into yet another lackluster public utility. Private companies are 
    fighting the proposal, of course, but consumers should also be skeptical of 
    efforts by city hall to model their broadband company after the local 
    garbage or sewage service. Is that really a good model for such a dynamic 
    industry? Fortunately, these broadband municipalization efforts have not 
    made much progress. Most legislators still want to begin by jump-starting 
    private-sector deployment through promotional efforts.
    
    In the end, perhaps the most damning argument against a tax credit and 
    subsidy regime for broadband is the threat of politicizing this industry by 
    allowing legislators and regulators to become more involved in how 
    broadband services are provided. By inviting government in to act as a 
    market facilitator, the industry runs the risk of being subjected to 
    greater bureaucratic micromanagement. Experience teaches us that what 
    government subsidizes, it often ends up regulating as well. It is not hard 
    to imagine that such tinkering with the daily affairs of industry might 
    become more commonplace if Washington starts subsidizing broadband 
    deployment. That explains why T. J. Rodgers, president and CEO of Cypress 
    Semiconductor, has cautioned the high-tech industry about "normalizing 
    relations" with Washington, D.C. As Rodgers says, "The political scene in 
    Washington is antithetical to the core values that drive our success in the 
    international marketplace and risks converting entrepreneurs into statist 
    businessmen."
    
    Solving the broadband paradox will require steps by policymakers, industry 
    providers, and consumers alike if the dream of ubiquitous high-speed access 
    is to become a reality. Policymakers need to undertake some much-needed 
    regulatory housecleaning by removing outmoded rules and service 
    designations from the books. New spending initiatives or subsidization 
    efforts are unlikely to stimulate much broadband deployment. What 
    companies, innovators, and investors really need is legal clarity: an 
    uncluttered, level playing field for all players that does not attempt to 
    micromanage this complicated sector or its many current and emerging 
    technologies.
    
    Industry players will need to undertake additional educational efforts to 
    make consumers aware of what broadband can do for them. Ultimately, 
    however, as important as such educational efforts are, there is no 
    substitute for intense facilities-based investment and competition to help 
    drive down cost, which still seems to be the biggest sticking point for 
    most consumers. New killer aps will hopefully also come along soon that can 
    help drive consumer demand in the same way that Napster and the brief 
    file-sharing craze did before litigation shut down this practice.
    
    Finally, consumers will need to be patient and understand that there is no 
    such thing as a free broadband lunch. It will take time for these 
    technologies to spread to everyone, and even as they become more 
    ubiquitously available, they will be fairly expensive to obtain at first. 
    Cost will come down with the passage of time (if demand is really there), 
    but you'll still need to shell out a fair chunk of change to satisfy your 
    need for speed online.
    
    Recommended reading
    
    A Nation Online: How Americans Are Expanding Their Use of the Internet 
    (Washington, D.C.: National Telecommunications and Information 
    Administration, U.S. Department of Commerce, February 2002).
    
    A National Imperative: Universal Availability of Broadband by 2010 
    (TechNet, January 15, 2002).
    
    Computer Science and Telecommunications Board, National Research Council, 
    Broadband: Bringing Home the Bits (Washington, D.C.: National Academy 
    Press, 2001).
    
    Federal Communications Commission, Third Report Concerning the Deployment 
    of Advanced Telecommunications Capability, CC Docket 98-146, February 6, 2002.
    
    Adam Thierer (athiererat_private) is the director of telecommunications 
    studies at the Cato Institute in Washington, D.C.
    
    
    
    Cato Institute's Sixth Annual Technology and Society Conference
         Join us on November 14 for Telecom and Broadband Policy: After the 
    Market Meltdown
    Speakers include Rep. Billy Tauzin, Hon. Kathleen Abernathy, James K. 
    Glassman, and Robert W. Crandall.
    
    
    
    
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