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Massa Introduces Broadband Internet Fairness Act

by: robert.harding

Fri Jun 19, 2009 at 07:39:23 AM EDT


As he promised to do a couple of months ago, Congressman Eric Massa has introduced legislation to protect consumers from price gouging at the hands of Internet service providers (ISPs).

The bill is known as the Broadband Internet Fairness Act (H.R. 2902) and was inspired by what happened in the Rochester area with Time Warner Cable in April. In April, Time Warner Cable was set to begin "consumption based billing" trials in the Rochester area, as well as a handful of other regions across the country. After hearing from constituents and their outrage with this proposal by Time Warner Cable, Massa took on Time Warner Cable and after a lot of pressure was applied, Time Warner Cable eventually halted the trials.

But that did not stop Massa. He promised at the time that he would introduce legislation to address this issue and that's exactly what he did on Wednesday.

This is a summary from Massa that details what the Broadband Internet Fairness Act would do:

The Broadband Internet Fairness Act will prevent the monopolistic rate increases of broadband companies by promoting the interests of broadband customers. Specifically the bill:

- Requires internet service providers (ISPs) to submit plans to the Federal Trade Commission (FTC), in consultation with the FCC if they plan to move to a usage-based plan;

- Prohibits volume usage plans if the FTC determines that these plans are imposing rates, terms, and conditions that are unreasonable or discriminatory;

- Sets up public hearings for plans submitted to the FTC for public review and input;

- Only affects internet providers with 2 million or more subscribers;

- Imposes penalties for broadband ISPs that ignore these rules.

Time Warner Cable's consumption based billing would have charges customers who use the Internet frequently up to $150 a month for Internet usage. In that $150 a month is $75 a month for the "turbo" package that Time Warner Cable would have set up, which would give 100 GB of usage per month. But if you go over that, the overage fees max out at $75. Meaning, if you use your 100 GB for that month and go over the max amount, your Internet will cost you $150 for that month.

That is where Massa came in and decided that legislation was necessary to address this important issue.

"Access to the internet has become a critical part of our economy and we can't let corporate giants limit the public's access to this important tool," said Congressman Eric Massa. "The Broadband Internet Fairness Act is all about protecting consumers from outrageous internet overcharges and giving the public a voice in this process. I have taken lots of time to work on this bill and have consulted with my constituents and industry experts. Now the hard work of passing this bill begins."

"Cable providers want to stifle the internet so they can rake in advertiser dollars by keeping consumers from watching video on the Internet.  But so long as Americans can't choose which cable channels they want to pay for, I don't think cable operators should be able to determine consumers' monthly internet usage. Additionally, charging based on a bandwidth usage is a flawed model when the cost of usage is totally out of line with the price. Consumers are much better served by plans based on the speed of the connection rather than amount of bandwidth used. Competition is crucial to our economy and I refuse to let monopolistic corporations dominate the market and gouge my constituents."

This bill is important, considering Time Warner Cable apparently hasn't given up on consumption based billing and similar plans could be utilized by other ISPs in the future. Glenn Britt, CEO of Time Warner Cable, said this at the time: "It is clear from the public response over the last two weeks that there is a great deal of misunderstanding about our plans to roll out additional tests on Consumption Based Billing. As a result, we will not proceed with implementation of additional tests until further consultation with our customers and other interested parties, ensuring that community needs are being met. While we continue to believe that Consumption Based Billing may be the best pricing plan for consumers, we want to do everything we can to inform our customers of our plans and have the benefit of their views as part of our testing process."

That was April 16. Nothing further can be found regarding consumption based billing on Time Warner Cable's website, which used to display information (at least in April) about consumption based billing prominently on its website.  

robert.harding :: Massa Introduces Broadband Internet Fairness Act
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I have mixed feelings about this (0.00 / 0)
I'm glad that Massa slowed down TWC's rush to change the billing system in their favor.  It seems pretty clear that this was thought through more by their accountants than their legal department or even their sales department.

In the long run, though, I think consumption-based billing is going to have to be the right way to price this.  I know the folks most active on the Internet aren't going to like it, and will talk about it endlessly.  I don't expect it to be an easy conversation.

Massa's proposal probably works for now, and is a substantial improvement on what seems like general under-regulation of how these systems work.  (We hoped that competition would effectively regulate them; it hasn't.)  

Speed of connection is a reasonably good proxy for the amount of traffic people will actually generate, and I suspect that most people won't buy the more expensive connections and let them sit.  Volume of actual traffic does have a major impact on infrastructure and costs, though - not so much at the connection to the customers but at the connection to the Internet.  That infrastructure may presently be overbuilt, as some studies have suggested, but it's supposed to be overbuilt so we don't get bottlenecks.

I think Massa's heading in the right direction with this bill.  I think some of the people cheering him on, though, are hoping to keep things cheap that probably can't sustainably stay cheap.


Consumption based billing... (0.00 / 0)
I don't think people are looking for it to be cheap as much as they are looking for it to be affordable. Telling a small business, as Time Warner Cable did, that they could pay an additional $100 per month (if they use the maximum amount, which is likely) and giving them short notice about that isn't an effective way to implement such a plan.

Down the road, maybe consumption based billing is the way to go. But down the road, we also might find ways to keep Internet affordable. I don't think people are expecting their Internet to be free, but telling them that they could pay $100 a month more is a drastic step.

Like anything else, there are better approaches. I don't think Time Warner Cable had the right approach in trying out consumption based billing.  


[ Parent ]
I mostly agree (4.00 / 1)
I suspect the meanings of "cheap" and "affordable" vary by who's speaking, but yes, you're quite right that Time-Warner did a lousy job of handling this.  Short notice, big hike, rightfully angry customers.

Massa's bill will definitely correct that!

In the long run, yes, it's obvious that it's possible to reduce Internet costs, as it happens in other countries.  We just don't seem willing to make the investments (and likely change to the business model) to catch up.

Hopefully this is a first step, not a last step.


[ Parent ]
You already pay for bandwidth. (4.00 / 1)
The fatter the tube, the more you pay.  That's a kind of rationing of consumption, is it not?  The usage cap is simply a way to double-dip - to make us pay twice for the same thing.

[ Parent ]
Consumption based billing will also favor TWC's phone service (0.00 / 0)
by penalizing people who would rather use a VOIP phone service instead of TWC's phone service.  

This Bill is a start, but it doesn't go far enough to prevent a company like TWC from engaging in predatory pricing and unfair business practices.

What's next for TWC, asking online retailers for a cut of their sales?  


As Karl Bode at dslreports.com notes: (4.00 / 1)
the push toward metered billing is driven primarily by investors who want to see carriers monetize Internet video delivery and protect TV revenues -- Sanford Bernstein analyst Craig Moffett's been pushing hard for metered billing to anyone who'll listen...

...if this was really about simply handling capacity, carriers could simply target the heaviest users -- pushing those 0.1% of users to a business class tier, or, like Comcast, implement a 250GB cap. What companies like Time Warner Cable are proposing, and what Moffett is drooling over, is a system that takes aim at ordinary families, putting them on new pricing models where bandwidth is rationed.


THIS (0.00 / 0)
I just got me a shiny new Roku box.  With it, I have unlimited and immediate access to something like 12,000 DVDs.  Why should I subscribe to premium cable when Netflix gives me more movies (and old TV shows) than I could ever want?

[ Parent ]
The 2 million subscriber thing is a big loophole. (4.00 / 1)
You could fly the Starship Enterprise through it.  All TWC would have to do to get around it is to set up a bunch of smaller companies, like RoadRunner of Western New York, RoadRunner of Cleveland, RoadRunner Mohawk Valley, etc.  Get it?

"Branding" Legislation (0.00 / 0)
I haven't checked, but I hope Massa took his name off the legislation, as in I think the original title was "The Massa Broadband Internet Fairness Act."  

Can't we pass laws anymore without "white knighting" the bill title.

Massa job to present bills that are in the best interests of his constituency, not to go on some ego-maniacal joy ride for just doing his job.  

 


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