I’m not going to try to think of a clever title for this entry; it’s too important not be misunderstood.
Does this happen to you? You motor along thinking something is totally obvious to everyone, and then crash! A reality collision. Turns out that the world is not in line with your assumption.
HR3458, pending legislation in the U.S. Congress modestly titled “The Internet Freedom Preservation Act of 2009,” has some ambitious goals but some nonsensical constraints embedded in it. The bill starts off in the right frame of mind:
Internet technologies and services hold the promise of advancing economic growth, fostering investment, creating jobs, and spurring technological innovation.
Couldn’t possibly argue with that: Yankee Group’s own research suggests that the value of the Anywhere Network globally will be worth trillions in economic value-add in the next ten years. And as the U.S. works to improve its broadband infrastructure, surely some of that value-add can be located on our shores too.
Moving into its argumentation, here’s another assertion I couldn’t possibly disagree with:
The national economy would be severely harmed if the ability of Internet content, service, and application providers to reach consumers was frustrated by interference from broadband telecommunications network operators.
Network operators should not discriminate against traffic on their networks. Yankee Group is on the record with that view; if you want to know more, regulatory expert Dianne Northfield’s on-going analysis sets out our perspective very clearly.
But six pages in, HR3458 makes the fantastical leap from these foundational truths to the idea that network operators should not be permitted to
impose a charge on any Internet content, service, or application provider to enable any lawful Internet content, application, or service to be offered, provided, or used through the provider’s service, beyond the end user charges associated with providing the service to such provider.
Wh..huh?! Jonathan Banks at the U.S. Telecommunications Association showed me this, asking whether I thought the language was clear. I read it to say that, for instance, Comcast would not be legally allowed to sell its network access service to, for instance, Kodak so that Kodak could in turn sell me a picture frame that was connected to my Comcast service at home at no additional charge to me from Comcast. That was his interpretation as well.

An Ethernet cable bundle (c) 2007 zinkwazi
There are at least two reasons why this would be a terrible mistake. The first is that it’s completely inconsistent with other industries and treats consumers like dummies. Do we really think that the ”free shipping” offers that come to us periodically from Amazon or Lands End stem from a warm-hearted UPS, just wanting nothing more than for us to be delighted with the quick receipt of a new pair of shoes? No, I would bet my paycheck that the vast majority of us would realize, if we gave it even a moment’s thought, that the commerce site is paying UPS to provide the service to us. And it’s not much of a leap from there to realize that the commerce site has factored its cost to pre-buy our shipping service into the pricing in their operation. The shipping has been bundled. There are examples of this type of bundling in industries everywhere. How is the consumer harmed here?
The second reason that a prohibition on network operators charging service providers, rather than consumers, is wrong is that it will stymie the explosion of connected devices ready to ride the coattails of connected digital picture frames and e-readers. We will not see mass market adoption of connected devices if consumers are required to register each one on the networks they use, and pay individually for the network service they consume. I hope that the combined lobbying forces of the consumer electronics, automotive, and home appliance industries march on Capitol Hill to help explain that this ‘help’ from the government is, well, not so much help.
But if Markey et al. want to kill off the pending value-add to the U.S. and global economy of a more ubiquitous network (thus negating the valor of their opening vision) then they should absolutely tell network operators who their sources of revenue are allowed to be. Maybe then the U.S. can relax its ambitions to climb up from 19th place in the connected world order, and just drop to something even more mediocre.




