!@#$%^&*()!@#$%^&*()!@#$%^&*()!@#$%^&*()!@#$%^&*()!@#$%^&*() ------------------------------------------------------------ SMART Letter #82 -- January 7, 2003 Copyright 2003 by David S. Isenberg isen.com - "quid with no pro quo" isen@isen.com -- http://isen.com/ -- 1-888-isen-com ------------------------------------------------------------ !@#$%^&*()!@#$%^&*()!@#$%^&*()!@#$%^&*()!@#$%^&*()!@#$%^&*() CONTENTS > Here Comes the Bailout > Conferences on my Calendar > Copyright Notice, Administrivia ------- HERE COMES THE BAILOUT, by David S. Isenberg The U.S. FCC is going to bail out the failing local telephone dinosaurs, despite our "fail fast" letter to FCC Chairman Michael Powell (http://netparadox.com), which calls on the FCC to shun measures that would prop up the dying telephone industry. I'm shocked, shocked that Powell is ignoring our letter! The FCC is planning to eliminate wholesale rate rules, called UNE-P, that make it possible for companies that do not yet own their own last mile to enter the local telephone service marketplace. The UNE-P rules were established to make local competition possible. (For a good overview of the current UNE-P debate see http://tinyurl.com/46co .) UNE-P rules, established by the FCC pursuant to the 1996 Telecom Act, are solidly grounded in basic network economics. If new-entrant telephone companies were required to build their own network in order to enter local service, they would need to spend huge amounts of capital before one penny of revenue came in. Chairman Powell ignores this as he calls for, "only facilities-based competition" (e.g., see http://tinyurl.com/46b7). Without UNE-P, potential local competitors (like AT&T and WorldCom) would shut down their local competition efforts because they'd have to build their own networks -- not an insurmountable barrier, but an untenable business proposition for a telephone company. Today, facilities-based competition is an oxymoron. Incumbent local telephone companies have facilities, but no competition. Locked-in customers of the Bell System monopoly financed these facilities. Arguably they belong to the customers as much as to monopoly-heritage telephone companies. The post-1996 FCC was following this logic when it made rules requiring monopoly-heritage phone companies to make their network elements available to new entrants at discounted, wholesale rates. Under the no-UNE-P scenario that the FCC is pushing, the ILECs will indeed have more cash -- but will they invest this cash in their networks? It ain't necessarily so, according to what Bruce Kushnick has been saying for years (see http://newnetworks.com). Kushnick presents an example of how in 1993, New Jersey Bell convinced the New Jersey Public Utilities Commission to institute new, "incentive based" rate rules. In return, NJ Bell promised to spend US$1.5 billion to "greatly accelerate deployment of advanced technologies," including fiber to the home. In 1997, the New Jersey Ratepayer Advocate (a NJ State Official) reported that NJ Bell spent not $1.5 billion but only $79 million. At the same time, Kushnick reports, the new regulatory "incentives" gave NJ Bell a $955 million windfall that resulted not in advanced services, but in $1 additional dividend payouts of -- surprise! -- about $955 million. And -- more surprise! -- no New Jersey homes got "advanced technologies" under the "incentive based" system. It was all quid, and no pro quo. New Jersey is not an exception. Kushnick found the same pattern in state after state -- the incumbent telephone company goes to the regulators hat in hand, saying, "Give us rate relief and we will bring you the future." Then, years later, rates are higher, but the future has not arrived. Now this drama plays at the FCC. The incumbent telephone companies are actually right that they'll get a more sustainable business model without UNE-P -- this business model is called "monopoly". And they are right when they say that existing UNE-P rules could weaken them to the point that they'll no longer be able to provide network service as usual. But this is a good thing when the whole industry is dying! Let the obsolete telephone companies die. If current UNE-P rules help them die sooner, even better. Neither today's UNE-P pricing, nor the unfettered incumbent telephone companies will bring the new "best network" we know is possible. The best way to do that is via structural separation; we must recognize a new natural monopoly at the level of poles, conduits, dark fiber and, perhaps, spectrum. The incumbent telephone companies have fought this kind of structural separation with every lawyer and lobbyist they could buy, because they have no business model for lower layer services that are separate from application-layer services. Indeed, the current wholesale rules were forged in 1996 to ward off structural separation. For the new network to arrive, the incumbents must die. Michael Powell ascended to the FCC Chairmanship talking about economist Joseph Schumpeter's creative destruction view of capitalism. Now Powell thinks he can trust the incumbent local telephone companies to bring creation without destruction. When no marketplace exists, there is no magic hand, only magical thinking. Powell should know better. ------- CONFERENCE ON MY CALENDAR February 4, 2003, Santa Barbara CA. Center for Entrepreneurship and Engineering Management (CEEM) at UC Santa Barbara. http://ceem.engr.ucsb.edu/events.html March 31 through April 3, 2003, San Jose CA. VON. I am organizing a panel on April 1 (5:00 to 6:15 PM) that I promise will have the most interesting speakers of the entire conference. April 1 is one of my favorite holidays. You will believe EVERYTHING my panel presents. http://www.von.com April 22-25, 2003, Santa Clara CA. O'Reilly Emerging Technology Conference. Undefined, but it'll be something about why do The Stupid Network at all if you can't make money from it. http://conferences.oreillynet.com ------- COPYRIGHT NOTICE: Redistribution of this document, or any part of it, is permitted for non-commercial purposes, provided that the two lines below are reproduced with it: Copyright 2003 by David S. Isenberg isen@isen.com -- http://isen.com/ -- 1-888-isen-com ------- [There are two ways to join the SMART List, which gets you the SMART Letter by email, weeks before it goes up on the isen.com web site. The PREFERRED METHOD is to click on http://isen.com/SMARTreqScript.html and supply the info as indicated. The alternative method is to send a brief, PERSONAL statement to isen@isen.com (put "SMART" in the Subject field) saying who you are, what you do, maybe who you work for, maybe how you see your work connecting to mine, and why you are interested in joining the SMART List.] [to quit the SMART List, send a brief "unsubscribe" message to isen@isen.com] [for past SMART Letters, see http://www.isen.com/archives/index.html] [Policy on reader contributions: Write to me. I won't quote you without your explicitly stated permission. If you're writing to me for inclusion in the SMART Letter, *please* say so. I'll probably edit your writing for brevity and clarity. If you ask for anonymity, you'll get it. ] *--------------------isen.com----------------------* David S. Isenberg isen@isen.com isen.com, inc. 888-isen-com http://isen.com/ 203-661-4798 *--------------------isen.com----------------------* -- The brains behind the Stupid Network -- *--------------------isen.com----------------------*