Archive for Net Neutrality

Telus Flip Flops On “Bell Should Pay” Stance… Shock… Not…

Posted in Commentary with tags , , , on September 23, 2008 by itnerd

A mere 24 hours after saying that “Bell should pay” for the throttling circus that it started Telus decided to reverse it’s stance on that issue:

“The direct parties in this proceeding are both CAIP and Bell Canada,” he [vice-president of policy and regulatory affairs, Ted Woodhead] wrote in a letter made public Monday. “As a result, Telus submits that any cost awards in relation to this proceeding should be allocated between those two parties, in such manner that the commission deems to be justified in the circumstances.”

Tom Copeland of the Canadian Association Of Internet Providers has a plausible explanation as to why they might have flopped:

“I imagine that a Bell VP was on the phone to a Telus VP 30 seconds after they received the letter of the 16th,” he said.

Bell and Telus have some agreements in place to share some of their infrastructure (most notably their cell service since they are both on the uber lame CDMA standard rather than the more mainstream GSM standard that Rogers/Fido uses and neither company can cover Canada on their own). So it’s a safe bet that when Bell read their letter, the fit hit the shan and large amounts of backpeadling ensued.

Telus has never been my favorite company, but this flip flop has added one more strike against them. I won’t be dealing with them if I can avoid it.

CAIP, Telus, Consumer Groups Say Bell Should Pay For Throttling Nonsense

Posted in Commentary with tags , , , on September 22, 2008 by itnerd

The CBC is reporting that CAIP, a variety of consumer groups, and oddly Telus is telling the CRTC that Bell should pay up in more ways than one for the throttling dispute that they started:

“Telus agrees with PIAC that the apportionment for liability for costs be allocated solely to Bell Canada,” wrote the company’s vice-president of policy and regulatory affairs, Ted Woodhead. “The application by CAIP [to the CRTC] was precipitated by Bell Canada’s actions.”

I say oddly because Telus originally supported Bell’s throttling actions, but has since sensed a marketing opportunity changed its tune because they don’t throttle and as as result they think they can make a ton of cash because of that.

The reason why these groups want Bell to pay up is simple:

“Bell has manufactured a crisis, engaged in highly controversial self-help measures that it knew would disrupt the provision of retail services by CAIP’s members to their end-user customers and forcibly transferred to CAIP’s members the burden, inconvenience and entirely unforeseen expense of bringing this application,” wrote CAIP president Tom Copeland.

To nobody’s surprise, Bell has said FOAD rejected these calls to pay up:

“Bell has rejected suggestions that it should be liable for all costs, and that CAIP is not a non-profit group since it is made up of many smaller commercial companies. Bell has said CAIP should be responsible for one third of the investigation’s cost.”

I think the reason why you are seeing this is that perhaps the feeling is that Bell may lose this fight and these groups might as well make Bell hurt. Seeing as it’s lost a high profile case recently, that is entierely possible. It would be a good thing if that were true.

Comcast Reveals Changes For Managing Traffic

Posted in Commentary with tags , on September 20, 2008 by itnerd

Comcast yesterday posted this document on their website that details how they’re going to manage traffic on their network. According to Comcast, here’s how it will work:

“If a certain area of the network nears a state of congestion, the technique will ensure that all customers have a fair share of access to the network. It will identify which customer accounts are using the greatest amounts of bandwidth and their Internet traffic will be temporarily managed until the period of congestion passes. Customers will still be able to do anything they want to online, and many activities will be unaffected, but managed customers could experience things like: longer times to download or upload files, surfing the Web may seem somewhat slower, or playing games online may seem somewhat sluggish.

The new technique does not manage congestion based on the online activities, protocols or applications a customer uses, rather it only focuses on the heaviest users in real time, so the periods of congestion could be very fleeting and sporadic.

It is important to note that the effect of this technique is temporary and it has nothing to do with aggregate monthly data usage. Rather, it is dynamic and based on prevailing network conditions as well as very recent data usage.”

On one hand, this almost sounds reasonable if it is implemented in a transparent manner. I would almost like Comcast if that were the case. On the other hand, policies like these are meant to allow a telco to spend less time upgrading their network and more time counting their cash.

Another thing to consider, Comcast doesn’t exactly have a stellar history in terms of telling the truth. They denied that they were blocking P2P apps even when the Associated Press provided proof. Then when they finally confessed to using gear from Canadian network gear provider Sandvine, they lied again by saying that they only used it at times of congestion. In reality they were using this gear 24 hours a day.

Finally, they’re doing this while taking legal action against the FCC. So we’ll see what sort of twist that provides.

I suspect that we’ll see what happens next very quickly.

Comcast Appeals FCC Ruling…. Didn’t See That Coming…. NOT!

Posted in Commentary with tags , , on September 4, 2008 by itnerd

You know, I have to admit that sometimes you get blindsided. That’s how I feel as the news that Comcast is appealing the FCC ruling that keeps them from messing with filesharing traffic. Richard Korman of ZDNet received a message from Comcast along with a statement from David L. Cohen, Executive Vice President of Comcast:

“Although we are seeking review and reversal of the Commission’s network management order in federal court, we intend to comply fully with the requirements established in that order, which essentially codify the voluntary commitments that we have already announced, and to continue to act in accord with the Commission’s Internet Policy Statement. Thus, we intend to make the required filings and disclosures, and we will follow through on our longstanding commitment to transition to protocol-agnostic network congestion management practices by the end of this year. We also remain committed to bringing our customers a superior Internet experience.

We filed this appeal in order to protect our legal rights and to challenge the basis on which the Commission found that Comcast violated federal policy in the absence of pre-existing legally enforceable standards or rules. We continue to recognize that the Commission has jurisdiction over Internet service providers and may regulate them in appropriate circumstances and in accordance with appropriate procedures. However, we are compelled to appeal because we strongly believe that, in this particular case, the Commission’s action was legally inappropriate and its findings were not justified by the record.”

This pretty much proves what I said in this post some time ago. The FCC has no way to punish Comcast, and their order is not legally enforcable. The only thing that surprises me is that it took Comcast this long to call them on it. Of course Comcast is covering themselves just in case the appeal doesn’t go their way by continuing to implement everything that the order calls for them to do. But one has to think that this FCC order is about to get deep sixed.

Comcast Annouces That It Will Only Throttle “Heavy Users”…..Whatever….

Posted in Commentary with tags , , on August 25, 2008 by itnerd

Everybody’s favorite ISP Comcast has confirmed that it will continue to throttle service for its heaviest users during periods of congestion. Basically, the plan is that they will take action against specific users by significantly reducing their transfer rate for up to 20 minutes as opposed to throttling everything:

“The new system will move away from a focus on specific applications that hog Web traffic, [Comcast senior vice president and general manager of online services Mitch] Bowling said. Comcast will determine “in nearly real time” whether congestion is caused by a heavy user, he said.

“If in fact a person is generating enough packets that they’re the ones creating that situation, we will manage that consumer for the overall good of all of our consumers,” Bowling said.”

Of course they’re doing this in response to the half assed FCC ruling that came out not too long ago. The new system, reportedly dubbed “fair share” should be in place by the end of 2008.

You’ll excuse me if I don’t jump up and down for joy as Comcast is still employing throttling at the end of the day. But I guess the devil is in the details, so we’ll have to wait and see just what those details are. Then we can decide if Comast has made an brilliant move, or a Comcastic move.

FCC Releases Comcast Throttling Order… Yawn.

Posted in Commentary with tags , , on August 20, 2008 by itnerd

This document (Warning: PDF) just appeared on the FCC site a few minutes ago. It is 67 pages long, but what it tells Comcast to do is in the following paragraph:

“Disclose the details of their unreasonable network management practices, submit a compliance plan describing how it intends to stop these unreasonable management practices by the end of the year, and disclose to both the Commission and the public the details of the network management practices that it intends to deploy following termination of its current practices.”

Great. Excecpt for a whole bunch of things:

  1. The FCC order doesn’t actually punish Comcast in any way.
  2. It doesn’t force them to do anything they didn’t plan to do after this story hit the media.
  3. It may not even be enforceable in court.
  4. Comcast continues to use forged packets to throttle upstream P2P traffic and will continue to do so until the end of the year.

I must be missing something here because I can’t see what purpose this order serves. Perhaps someone will enlighten me.

Oct. 31st Is D-Day For A Decision On Bell’s Throttling

Posted in Commentary with tags , , , on August 12, 2008 by itnerd

Why the CRTC chose Halloween as the day they are going to announce their decision on Bell throttling of Independant ISP’s is beyond me. Of course this could go on if Bell employs some sort of stalling tatic, but at least there’s a light at the end of this tunnel.

Of course I’ll overlook the fact that the CRTC promised a September date to announce a decision, because that’s just splitting hairs.

Oh, something that I just noticed on the CRTC website is that Skype filed their on brief with the CRTC (Warning: PDF). It’s worth a read as it has a lot of sailent points against throttling.

Comcast Wiggles Free From Punishment. Shock! Not!

Posted in Commentary with tags , on August 1, 2008 by itnerd

As expected, The FCC has voted 3 – 2 to do absolutely nothing (Warning: PDF) to Comcast for the company’s throttling via packet forgery. The FCC says that Comcast willfully misled consumers about the throttling of P2P traffic which is good. But it creates no new guidelines and may not stand up in court. Oh yeah, anything the FCC tells Comcast to do, they’ve already said they’re going to do. So what has been acomplished here?

Nothing. Which is sad.

It’s Official! Bell Screws Resellers By Introducing Caps…..What Sleazebags! [UPDATED]

Posted in Commentary with tags , , on July 31, 2008 by itnerd

Much as independent ISPs feared (and I wrote about previously), Bell Canada has decided to charge them for bandwidth up front, and apply usage-based charges on the back end (although they will not say what those charges will be). There is some good news though:

“The only good news is that it will not affect current clients. So as long as you don’t change ISP’s you can keep your current unlimited connection. Bell proposes to start shadow billing in October and usage based billing in Jan of 2009.

This has given me a new sense urgency to setup our own equipment at the CO. I will be approaching a few other ISP in the next little while to see if we can come to some type of agreement. We prefer not to do this alone.

This is being discussed in this thread on DSLreports.com in the Acanac forum. Clearly Bell fears that they will lose the ability to throttle and needs a “Plan B” seeing as they clearly can’t compete straight up with smaller ISPs with better customer service and pricing and less scumbags. Hopefully, Acanac can convince others to join their plan to set up their own equipment in Bell COs (Central Office) to mitigate this.

In the meantime, if you were planning to dump Bell Sympatico or Rogers High Speed Internet for something that has better customer service and cheaper pricing and less scumbags, now would be the time to do it.

UPDATE: The CBC has picked up this story. It does add a new twist to this story:

“Bell also has an appeal before the Federal Court of Canada to scrap CRTC-mandated access of wholesale customers such as TekSavvy, Eagle.ca and Acanac to its network. Bell says the high-speed internet market is highly competitive and regulated rules of access are therefore no longer necessary.”

This situation just got a bit more complicated.

FCC To Punish Comcast…. Maybe… Perhaps?

Posted in Commentary with tags , on July 26, 2008 by itnerd

It’s being reported by AP that the boom is about to be lowered on Comcast. Apparently three of five FCC commissioners have voted to punish Comcast for their throttling activities. That isn’t exactly  a shock seeing as Kevin Martin who heads the FCC publicly criticized them. But the only question remaining is how will they be punished. Martin backed away from any talk of punishement shortly after ripping them apart. While I would like a strong message sent to ISPs that this sort of non-sense is not acceptable, I don’t see anything beyond a slap a wrist happening.