Is it Time to Kill Retransmission Rules?

Rep. Anna Eshoo (D-Calif.) and Rep. Steve Scalise (R-La.) recently introduced a bill to Congress labeled as the Introducing the Modern Television Act of 2021 that wants to largely do away with the retransmission consent rules for cable companies. They’ve introduced similar bills in recent years.

Retransmission rules require that cable operators must carry local TV stations that are within over-the-air transmission range of a given area. That rule sounds benign enough but has been used by local stations to extract huge fees from cable companies for carrying local content. The fees paid to local stations are one of the primary reasons that cable TV rates have escalated so quickly over the last decade.

Fifteen years ago, it was rare for local stations to charge anything for carrying their signal. They were happy to be able to claim cable viewers of their content when calculating advertising rates based upon ‘eyeballs’ for ads placed on their stations. But a handful of consultants convinced a few stations that the retransmission requirements were a valuable commodity and stations started insisting on payments from cable companies to carry the content. Since that time, the payments have climbed from zero to rates in the range of $4 or more per cable customer, per local station per month. For a cable company carrying even the basic four networks of ABC, CBS, FOX, and NBC means shelling out $16 or more per month to local stations for each cable subscriber.

It was these fees that have led the big cable companies to create the local programming fees that are not part of basic rates. Cable companies may advertise a basic rate for a cable package at $50 but then sock on large hidden fees of $20 or more to cover local station fees along with some sports network fees.

The bill sponsors also blame high retransmission fees for the increasing blackouts of content that we’ve seen in recent years. When cable companies balk at paying increasing rates each year for local content, the local stations have adopted the tactic of shutting off access to their content until the cable company finally agrees to pay the ever-increasing rates.

Following are a few of the key provisions of the bill:

  • Eliminates the retransmission consent, mandatory copyright fees, and other provisions of current FCC rules (which were dictated by Congress). This should allow for real negotiations of rates – today the stations demand rates and there is little room for negotiation.
  • Adds a 60-day period where blackouts of content aren’t allowed when the local station and a cable operator are negotiating rates.
  • Gives the FCC the right to push a programming dispute into binding arbitration. Blackouts would be prohibited during the arbitration period.
  • Preempts federal, state, and local governments from regulating cable rates. This is an odd requirement since there is little or no rate regulation that I know of, but it must exist somewhere in the country.
  • Keeps the rule that cable networks and satellite providers must continue to carry local content.

As would be expected, local TV stations and the major networks are against these changes. Most of the money charged for retransmission consent ends up in the pockets of the major networks. Cable companies are obviously in favor of the proposed changes since it would give them an opportunity for real negotiations for content.

Congress created this original mess by mandating that cable companies must carry local content without allowing for things like the arbitration in negotiations this bill brings to the process. But the runaway rates in the cable industry can be pinned on the greed of programmers who have raised programming charges far more than inflation for two decades. The industry has driven cable rates so high that millions of households are cutting the cord annually and abandoning paying for content that includes local stations. If you were asked to imagine a scenario where an industry would self-destruct over time, it would be hard to think of a better example than the retransmission fees in the TV industry.

Telling the Truth About 5G

I still run across articles that extol the supposed wonders of 5G. The most recent, published in Gizmodo asks “How 5G Could Replace Your Home Broadband Connection”. I was surprised to see an article like this in a tech-oriented site because the article gets most of the facts wrong about 5G – facts that are not hard to verify.

This article talks about 5G having “faster download speeds, faster upload speeds, more bandwidth, and lower latency” than landline broadband. The author talks about having gigabit speeds on 5G. The article is clearly talking about 5G cellular technology. The author talks about sticking a SIM card in a router and using this fast 5G instead of wired broadband. The article hints that 5G may be the savior for poor rural broadband. This all sounds like it came directly from the sales pitch that the big cellular carriers have been making to politicians for the last five years – 5G will transform the world.

The article talks about an AT&T cellular hotspot product that can handle data speeds up to 1 gigabit. The article mentions the T-Mobile Home Internet product and also mentions speeds up to 1 gigabit. Those two carriers mention the word gigabit in their advertising, but the author fails to understand that in urban areas these products might deliver speeds at something under 100 Mbps, and in rural America, where the products are aimed to serve, speeds are likely going to be south of 20 Mbps.

Finally, the article swallows the industry rhetoric and gives the label of 5G to the Verizon Home product – which is fiber-to-the-curb. The key word in that technology description is fiber – Verizon builds a fiber just outside of the home for this to work. This product is not even a distant cousin of cellular data.

And that’s where this author and a large number of other articles miss the boat about 5G. 5G is a cellular technology. Its sole purpose of 5G is to make cell sites perform better. Today there is no 5G anywhere on the planet because the 5G features that will make cell sites perform better have not yet been incorporated into cell sites or into phones. We can expect to start seeing these features over the next 3-4 years at cell sites, and a few years longer as future generations of cellphones can use the new features.

The author has fallen for the carrier hype that 5G will be blazingly fast. It will not be fast in the vast majority of circumstances. The 5G specifications call for cell towers to reliably deliver 100 Mbps cellular data to big numbers of cellphones or devices. The industry vendors might find a way to outperform that goal – but there is no wireless engineer anywhere thinking we’ll be delivering gigabit speeds to cellphones using 5G.

The biggest trap the author fell into is buying into the carrier rhetoric about gigabit speeds. The carriers have wireless products with fast broadband using millimeter-wave spectrum. The first was mentioned above, which is Verizon’s Home product. The second comes from deployment of millimeter-wave hot spots in downtown areas. These hotspots are the equivalent of putting a faster hotspot like the ones used at a Starbucks on a pole and beaming broadband to anybody within 500 feet.

Both of these applications are fast. Both use millimeter-wave spectrum. But both require a customer to be within close proximity to a fiber. Most importantly, these technologies are not 5G. They don’t currently use and will never use any of the 5G technology improvements that will make cellular phones perform better. I’m sometimes tempted to post an entire blog that, reminiscent of Jack Torrence in The Shining, types over and over, “Millimeter-wave spectrum is not 5G. Millimeter-wave spectrum is not 5G”.

I occasionally reply to one of these articles, and this one is particularly egregious because such articles magnify the false stories that the carriers have been trying to sell to the public, which is that 5G is an amazing technology that will transform the world – any day now, but not quite today. Such articles keep telling people to hold out for a technology that isn’t coming. Yes, there will be rural 5G hotspot products for households. But let’s please tell the truth – I’ll be surprised if the average rural home ever reaches 50 Mbps on the technology.

The Gigabit Wireless Controversy

One of the big controversies in the RDOF auction was that the FCC allowed three of the top ten grant winners to bid using gigabit wireless technology. This was Starry (Connect Everyone), Resound Networks, and Nextlink (AMG Technology). By bidding in the gigabit tier these technologies were given the same technology and dollar weighting as somebody bidding to build fiber-to-the-premise. There was a big outcry from fiber providers that claim that these bidders gained an unfair advantage because the wireless technology will be unable to deliver gigabit speeds in rural areas.

Fiber providers say that the bidding with gigabit wireless violates the intent of the grants. Bidding in the gigabit tier should mean that an ISP can deliver a gigabit product to every customer in an RDOF grant area. Customers don’t have to buy a gigabit product, but the capability to provide that speed to every customer must be there. This is something that comes baked-in with fiber technology – a fiber network can deliver gigabit speeds (or 10-gigabit speeds these days) to any one customer, or easily give it to all customers.

There is no denying that there is wireless technology that can deliver gigabit speeds. For example, there are point-point radios using millimeter-wave spectrum that can deliver a gigabit path for up to two miles or a multi-gigabit path for perhaps a mile. But this technology delivers the bandwidth to only a single point. This is the technology that Starry and others use in downtown areas to beam a signal from rooftop to rooftop to serve apartment buildings, with the bandwidth shared with all of the tenants in the building. This technology delivers up to a gigabit to a building, but something less to tenants. We have a good idea of what this means in real life because Starry publishes the average speed of its customers. In March 2021, the Starry website said that its average customer received 232 Mbps download and 289 Mbps up. That’s a good bandwidth product, but it is not gigabit broadband.

There is a newer technology that is more suited for areas outside of downtown metropolitan areas. Siklu has a wireless product that uses unlicensed spectrum in the V-band at 60 GHz and around 70 GHz. This uses a Qualcomm chip that was developed for the Facebook Terragraph technology. A wireless base station that is fiber-fed can serve up to 64 customers – but the catch is that the millimeter-wave spectrum used in this application travels only about a quarter of a mile. Further, this spectrum requires a nearly perfect line-of-sight.

The interesting feature of this technology is that each customer receiver can also retransmit broadband to make an additional connection. Siklu envisions a network where four or five hops are made from each customer to extend broadband around the base transmitter. Siklu advertises this product as being ideal for small-town business districts where a single fiber-fed transmitter can reach the whole downtown area through the use of the secondary beams. With a handful of customers on a system, this could deliver a gigabit wireless product. But as you start adding secondary customers, this starts acting a lot like a big urban apartment building, and the shared speeds likely start looking like what Starry delivers in urban areas – fast broadband, but that doesn’t meet the definition that every customer can receive a gigabit.

The real catch for this technology comes in the deployment. The broadband strength is pretty decent if every base transmitter is on fiber. But ISPs using the technology are likely going to cut costs by feeding additional base stations with wireless backhaul. That’s when the bandwidth starts to get chopped down. An RDOF winner would likely have to build a lot of fiber and have transmitters every mile to get the best broadband speeds – but if they dilute the backhaul by using wireless connections between transmitters, or spacing base station further apart, then speeds will drop significantly.

The other major issue with this technology is that it’s great for the small-town business district, but how will it overlay in the extremely rural RDOF areas? The RDOF grants cover some of the most sparsely populated areas in the country. The Siklu technology will be quickly neutered by the quarter-mile transmission distance when customers live more than a quarter-mile apart. Couple this with line-of-sight issues and it seems extremely challenging to reach a lot of the households in most RDOF areas with this technology.

I come down on the side of the fiber providers in this controversy. In my mind, an ISP doesn’t meet the grant requirements if they can’t reach every customer in an RDOF area. An ISP also doesn’t meet the gigabit grant requirements if only some customers can receive the gigabit speeds. That’s the kind of bait-and-switch we’ve had for years, thanks to the FCC that has allowed an ISP to bring fast broadband to one customer in a Census block and declare that everybody has access to fast speeds.

It’s a shame that I feel obligated to come to this conclusion because deployed well, these wireless technologies can probably bring decent broadband to a lot of homes. But if these technologies can’t deliver a gigabit to everybody, then the ISPs gained an unfair advantage in the RDOF grant bidding. When I look at the widely spaced home in many RDOF areas I can’t picture a wireless network that can reach everybody while also delivering gigabit capabilities. The only way to make this work would be to build fiber close to every customer in an RDOF area – and at that point, the wireless technology would be nearly as costly as FTTH and a lot more complicated to maintain. I think the FCC bought the proverbial pig-in-a-poke when they approved rural gigabit wireless.

The Birth of an Incumbent

Dish Networks wrote a recent letter to the FCC pointing out that T-Mobile had reversed its position over the last year on CBRS spectrum and other wireless issues. The opening paragraph of the letter contains the statement that is the genesis of today’s blog. Dish wrote, “As T-Mobile celebrates the one-year anniversary of its acquisition of Sprint, it is clear that the company’s worldview has transformed to that of an entrenched incumbent commensurate with its newfound size and scale”.

That sentence probably marks the date on which we should all start thinking of T-Mobile as an incumbent, with all that entails. In my mind, an incumbent in the telecom world is a carrier that acts like a monopoly. An incumbent does everything possible to maximize profits. Incumbents throw up barriers to entry to anybody that might compete with them.

The Dish letter points out that last behavior. T-Mobile had historically been a champion for opening up CBRS spectrum for rural use by small wireless companies. But as an incumbent, T-Mobile suddenly is against boosting power levels for CBRS that make it useful in a rural setting. This is a change of position that demonstrates that T-Mobile is not willing to accept even the slightest amount of interference from rural use of CBRS, even though the spectrum rules are written to minimize such interference.

T-Mobile is positioned to be an incumbent. In 2020, after the merger with Sprint, T-Mobile had almost 25% of the cellular market, ahead of Verizon at 24%, but still behind AT&T at 35%.

It’s an interesting change at T-Mobile considering its history in the US market. T-Mobile spent years touting itself as the Un-carrier under CEO John Legere. The company painted itself as the cellular carrier that looked out for the public with low prices, faster speeds, and better features – all different than what was offered by AT&T and Verizon. It was an interesting marketing posture and helped T-Mobile grow from an 11% market share a decade ago to 16% before the merger with Sprint.

Economists say that it’s inevitable that any company that gains market power will trend towards acting like a monopoly. This tendency isn’t due only to changes of behavior in the Boardroom, but rather happens from top to bottom in big companies as employees start taking steps to capitialize on company market advantages. Monopolies tend to reward employees for improving the bottom line, and things occur out of the eye of upper management. There is probably no better example of this than the many bizarre stories of overaggressive behavior from Comcast customer service. Much of this behavior has been blamed on regional service managers that took aggressive positions with the public to improve bonuses. The same thing was one of the primary causes for the behavior at Well’s Fargo where employees added unrequested accounts to customers as a way to earn sales bonuses.

If T-Mobile has indeed become a monopolist, and economic history suggests that’s inevitable, then this is a good reason for the country to oppose mergers that create monopolies. The cellular customers in the US will have been better off in the long run by having a hungry and separate T-Mobile and Sprint rather than letting them combine to create another monopoly.

There is no question that the cellular industry is controlled by the three monopolies of AT&T, T-Mobile, and Verizon. The next largest cellular carrier is US Cellular with barely more than 1% of the market. Dish will be trying to carve a niche in the market, but that’s not going to be easy when there are three incumbents pushing for policies and rules that maintain their market power.

Realistically, T-Mobile became an incumbent on the day of the merger with Sprint. It took less than a year for somebody to officially call out T-Mobile at the FCC as an entrenched incumbent.

Focus on Sustainability

There are a few glaring holes in all federal broadband grants that have to do with how a grant recipient uses the network that was constructed with grant dollars. I wrote a recent blog that talks about the fact that most grants surprisingly don’t have any mandate that the grant recipient serve any customers in the grant area. For example, Starlink could take a grant for western North Carolina but never sign a customer in the grant areas.

Even more amazingly, there is not any proof required that the grant money was all spent for the intended purposes in the grant areas. Consider the CAF II grants where the telcos self-report that they have completed the upgrades in each grant area – the telcos were not required to show any proof of the capital spending. A lot of people, including me, think that the big telcos didn’t make many of the required CAF II upgrades. The FCC has no idea if grant upgrades were really done. It would have been easy for the FCC to demand proof of capital expenditures showing the labor and specific equipment that was used in each of the grant areas. Such a requirement would have forced the telcos to do the needed work because it would be extremely easy for an FCC auditor to show up and ask to see some of the specific equipment that was claimed as installed.

Today’s blog talks about the third missing element of federal; grants – grant recipients don’t have to make any promise to maintain the networks after they are constructed. There is nothing to stop a grant recipient from taking the grant money, building the network, and then milking revenues for years without spending any future capital.

All of the industry experts will tell you that a new fiber network will likely be relatively problem-free after you shake out any initial problems. Unless fiber is cut, or unless customer electronics go bad, there is not a lot of maintenance capital required for the first decade after building a new fiber network. There will still be fiber cuts and storm damage and the inevitable things that happen in the real world, but fiber technology is so tried and true right now that it largely works well out of the box.

I wrote a blog recently that conjectured that a fiber network can be a hundred-year investment. But the key to longevity is maintenance. If a grant recipient treats a fiber network the way that the big telcos have treated copper networks, then new fiber networks will start deteriorating in ten years and will be dead in thirty years. Good maintenance means properly fixing fiber cuts with quality splices. It may mean replacing stretches of fiber that demonstrate ongoing problems that might have come from the factory or from improper handling during installation. But most importantly, maintenance means upgrading and replacing electronics.

Fiber electronics don’t last forever. Manufacturers talk about a 7-year life on electronics, but they are in the business of selling the replacements. There is no physical reason to replace customer electronics (ONT) as long as it keeps working, and we’ve already seen some customer electronics (fiber ONTs) last for as long as fifteen years. But my guess is that, on average, that electronics are going to require upgrades every ten or twelve years.

Luckily, it looks like many of the FTTP upgrades already on the market involve what we call an overlay. This means introducing a new core that can provide new customer electronics while still being able to support the old equipment, as long as it’s working well. This is the sane way to do upgrades because a company can phase customers from old electronics to new over many years rather than going through the chaotic process of trying to change technology for a lot of customers at the same time.

But back to the grants. Federal grants are going to turn out to be a total disaster if the companies receiving the grants don’t build what they are supposed to build and maintain the network to keep it running for a hundred years. This won’t become apparent for fifteen or twenty years, but then we’ll start hearing about big problems in rural areas where customers on poorly maintained fiber networks go out of service and can’t get repairs.

It really bothers me to know that there are bad ISPs in the industry who are likely to take the grant money with the intention of milking the revenues and not reinvesting in the networks. We know that cooperatives, small telco, and municipal network owners will be happily operating grant-funded fiber networks a century from now. But amazingly, sustainability isn’t part of the discussion or criteria in deciding which ISPs deserve grant funding. We continue to pretend that all ISPs are good corporate citizens even after some have proved repeatedly that they are not.

4G on the Moon

This blog is a little more lighthearted than my normal blog. An article in FierceWireless caught my eye talking about how Nokia plans to establish a 4G network on the Moon.

The primary purpose of the wireless technology will be to communicate between a base station and lunar rovers. 4G LTE is a mature and stable technology that can handle data transmission with ease – particularly in an environment where there won’t be any interference. While the initial communications will be limited to a base station and lunar rovers, the choice of 4G will make it easier to integrate future devices like sensors and astronaut cellphones into the network. NASA historically used proprietary communications gear, but it makes a lot more sense to use a communications platform that can easily communicate with a wide range of existing devices.

One challenge Nokia and NASA have to overcome on the moon is that the transmissions will be made between a low-sitting rover to a base station antenna that probably won’t be more than 3 – 5 meters off the ground. While there are no trees or other such obstacles on the moon, there are plenty of boulders and craters that will be a challenge for communications.

Nokia will have one benefit not available on earth – they can use the best spectrum band possible for the transmissions. They can establish wider data channels than are used on earth to accommodate more data within a transmission. Nobody has ever been handed a clean spectrum  slate to develop the perfect 4G system before, and Nokia engineers are probably having a good time with this.

The biggest challenge will be in designing a lightweight cellular base station that contains the core, the baseband, and the radios in a small box. All of the components must be hardened to work in wide-ranging temperatures on the moon, which can range from a high of 260 F in the daytime to minus 280 F in the dark.

Nokia engineers know they have to test, then retest the gear – there will be no easy repairs on the moon. The vision is that future lunar landings will touch down on the surface and then send off both manned and unmanned rovers to explore the moon’s surface. The 4G gear must survive the rigors of an earth launch, a moon landing, and the vibrations and jolts from rovers and still be guaranteed to always work in the desolate lunar environment

I have to admit that my first reaction to the article was, “Shouldn’t we be putting 5G on the moon?”. But then it struck me. There is no 5G anywhere in the world other than the marketing product that cellular carriers call 5G. Since there will be no easy upgrades in space, Nokia engineers are being honest in calling for 4G LTE. Honestly labeling this as 4G will remind future engineers and scientists about the technology being used. Wouldn’t it be refreshing if Nokia was as honest about the 5G in our terrestrial cellular networks?

Next Generation PON is Finally Here

For years, we’ve been checking the prices of next-generation passive optical network (PON) technology as we help clients consider building a new residential fiber network. As recently as last year there was still at least a 15% or more price penalty for buying 10 Gbps PON technology using the NG-PON2 or XGS-PON standards. But recently we got a quote for XGS-PON that is nearly identical in price to buying the GPON that’s been the industry standard for over a decade.

New technology is usually initially more expensive for two reasons. Manufacturers hope to reap a premium price from those willing to be early adapters. You’d think it would be just the opposite since the first buyers of new technology are the guinea pigs who have to help debug all of the inevitable problems that crop up in new technology. But the primary reason that new technology costs more is economy of scale for the manufacturers – prices don’t drop until manufacturers start manufacturing large quantities of a new technology.

The XGS-PON standard provides a lot more bandwidth than GPON. The industry standard GPON technology delivers 2.4 Gbps download and 1 Gbps upload speed to a group of customers – most often configured at 32 passings. XGS-PON technology delivers 10 Gbps downstream and 2.5 Gbps upstream to the same group of customers—a big step up in bandwidth.

The price has dropped for XGS-PON primarily due to its use by AT&T in the US and Vodaphone in Europe. These large companies and others have finally purchased enough gear to drive down the cost of manufacturing.

The other next-generation PON technology is not seeing the same price reductions. Verizon has been the only major company pursuing the NG-PON2 standard and is using it in networks to support large and small cell sites. But Verizon has not been building huge amounts of last-mile PON technology and seems to have chosen millimeter-wave wireless technology as the primary technology for reaching into residential neighborhoods. NG-PON2 works by having tunable lasers that can function at several different light frequencies. This would allow more than one PON to be transmitted simultaneously over the same fiber but at different wavelengths. This is a far more complex technology than XGS-PON, which basically has faster lasers than GPON.

One of the best features of XGS-PON is that some manufacturers are offering this as an overlay onto GPON. An overlay means swapping out some cards in a GPON network to provision some customers with 10 Gbps speeds. An overlay means that anybody using GPON technology ought to be able to ease into the faster technology without a forklift upgrade.

XGS-PON is not a new technology and it’s been around for around five years. But the price differential stopped most network owners from considering the technology. Most of my clients tell me that their residential GPON networks average around 40% utilization, so there have been no performance reasons to need to upgrade to faster technology. But averages are just that and some PONs (neighborhood nodes) are starting to get a lot busier, meaning that ISPs are having to shuffle customers to maintain performance.

With the price difference finally closing, there is no reason for somebody building a new residential network to not buy the faster technology. Over the next five years as customers start using virtual reality and telepresence technology, there is likely to be a big jump up in bandwidth demand from neighborhoods. This is fueled by the fact that over 9% of homes nationwide are now subscribing to gigabit broadband service – and that’s enough homes for vendors to finally roll out applications that can use gigabit speeds. I guess the next big challenge will be in finding 10 gigabit applications!

Build It and They Will Fill It

Early in my career as a consultant, I advised clients to not adopt the philosophy of “build it and they will come”. Fifteen years ago, when fiber networks were first being built to residential communities, I had clients who were so enamored with fiber technology that they couldn’t imagine that almost every household wouldn’t buy broadband from a new fiber network.

I saw clients invest in fiber networks and take bank loans based upon irrationally high customer penetration rates, with no basis for their projections other than hope. Fiber overbuilders who counted on everybody taking fiber were inevitably disappointed, and over time I saw most fiber builders become more realistic about penetration rates and engage in surveys and pre-sales efforts to get a better idea of how well they would do.

Interestingly, I’m seeing this same concept creep back into the industry. This time it has to do with building middle-mile transport fiber. I have heard the phrase ‘build it and they will fill it’ a number of times over the last few years. There are examples of fiber transport routes being subscribed quickly, and the exuberance from a few such examples has some fiber builders believing that they can’t fail in building transport fiber.

Unfortunately, for every fiber route that is a huge success, I can point to a dozen fiber routes that languish with little traffic. As it turns out, middle-mile fiber is probably the one product in our industry that best illustrates the classic economics of supply and demand.

Buyers of middle-mile transport have explicit needs to get from point A to point B. If a given fiber route can be part of such a solution, then they will consider buying transport. But buyers of transport usually consider all of the alternatives to buying on a given fiber route – there are almost always alternatives. I know one case where three different carriers built fiber to reach a large rural data center. This instantly created price competition and none of the carriers are seeing the revenues they hoped for when building the fiber.

Some of the companies that buy transport will also consider building fiber rather than buying dark fiber of lit bandwidth. Verizon is probably the best example of this – they seem to have an internal formula that determines when building is better than leasing. Even worse for fiber owners, once Verizon builds fiber it is instantly competing with the existing fiber.

Companies that lease fiber also have to deal with other issues. The ideal long-haul fiber route has a minimal number of POPs, and some carriers avoid routes with too many stopping points. Intermediate stopping points and POPs increase electronics costs and maintenance costs and each electronics site degrades the light signal a bit.

I advise that anybody building transport fiber needs to have an iron-clad reason the justifies building a specific route – even if there are no other revenues. If the carrier can’t enter a new market without the new transport, then the route is mandatory. But a carrier ought to have already lined up enough basic revenues to justify building a non-mandatory transport route. If one major fiber tenant pays enough to recover the cost of building the route, then it might be a good risk.

The same advice to be careful applies whether a route connects major cities or goes to rural areas. I remember years ago helping a client find a connection between Dallas and Kansas City and we found seven separate fibers that made the connection. This level of overbuilding drops the lease price for the route.

We had an interesting national experiment over a decade ago in building a lot of middle-mile fiber to rural communities that were funded by the ARRA Stimulus grants. A lot of the fiber built with those grants was pure middle-mile transport, with only a few stops along the routes to serve a handful of rural anchor institutions. Looking back a decade later is a great example of today’s topic. Many of the ARRA routes have attracted almost no interest even after a decade. Some routes built with the grants are doing well and gained transport sales to cellular carriers and to ISPs wanting to serve the last mile. It’s a challenge when comparing the winners and losers among those routes to understand why some rural routes attracted transport customers while other similar routes have not.

Leasing transport in rural markets is a tough business. The big wireless carriers like Verizon and AT&T have grown increasingly leery of entering into long-term fiber leases. Carriers that want to reach small rural towns to provide last mile fiber can’t afford to pay a lot for transport. Many WISPs are notoriously overextended and can’t afford expensive leases. While school systems might lease fiber for a while, they are always looking for grants to build and own the routes directly. The bottom line is that if you build it, there is no guarantee they will fill it.

Cost Models and Grants

Possibly the least understood aspect of the recent FCC RDOF grants is that the FCC established the base amount of grant for every Census block in the grant using a cost model. These cost models estimate the cost of building a new broadband network in every part of the country – and unfortunately, the FCC accepts the results of the cost models without question.

The FCC contracts with CostQuest Associates to create and maintain the cost estimation models. The cost models have been used in the past in establishing FCC subsidies, such as Universal Service Fund payments made to small telephone companies under the ACAM program. For a peek into how the cost models work, this link is from an FCC docket in 2013 when the small telcos challenged some aspects of the cost models. The docket explains some of the basics about of the cost model functions.

This blog is not meant to criticize CostQuest, because no generic nationwide cost model can capture the local nuances that impact the cost of building fiber in a given community. It’s an impossible task. Consider the kinds of unexpected things that engineers encounter all of the time when designing fiber networks:

  • We worked in one county where the rural utility poles were in relatively good shape, but the local electric company hadn’t trimmed trees in decades. We found the pole lines were now 15 feet inside heavy woods in much of the fiber construction area.
  • We worked in another county where 95% of the county was farmland with deep soil where it was inexpensive to bury fiber. However, a large percentage of homes were along a river in the center of the county that consisted of steep, rocky hills with old crumbling poles.
  • We worked in another county where many of the rural roads were packed dirt roads with wide water drainage ditches on both sides. However, the county wouldn’t allow any construction in the ditches and insisted that fiber be placed in the public right-of-way which was almost entirely in the woods.

 

Every fiber construction company can make a long list of similar situations where fiber construction costs came in higher than expected. But there are also cases where fiber construction costs are lower than expected. We’ve worked in farm counties where road shoulders are wide, the soil is soft, and there are long stretches between driveways. We see electric cooperatives that are putting ADSS fiber in the power space for some spectacular savings.

Generic cost models can’t keep up with the fluctuations in the marketplace. For example, I saw a few projects where the costs went higher than expected because Verizon fiber construction had lured away all local work crews for several years running.

Cost models can’t possibly account for cases where fiber construction costs are higher or lower than what might be expected in a nearby county with seemingly similar conditions. No cost model can keep up with the ebb and flow of the availability of construction crews or the impact on costs from backlogs in the supply chain.

Unfortunately, the FCC determines the amount to be awarded for some grants using these cost models, such as the recently completed RDOF grants. The starting bid for each Census block in the RDOF auction was determined using the results of the cost models – and the results make little sense to people that understand the cost of building fiber.

One might expect fiber construction costs to easily be three or four times higher per mile in parts of Appalachia compared to the open farmland plains in the Midwest. However, the opening bids for RDOF were not as proportionately higher for Appalachia than what you might expect. The net results are that grants offered a higher percentage of expected construction cost is the open plains compared to the mountains of Appalachia.

There is an alternative to using the cost models – a method that is used by many state grants. Professional engineers estimate construction costs and many state grants then fund some percentage of the grant cost based upon factors like the technology to be constructed. This kind of grant would offer the same percentage of grant assistance in all different geographies of a state. Generic cost models end up advantaging or disadvantaging grant areas, without those accepting the grants even realizing it. The RDOF grants offered drastically different proportions of the cost of construction – which is unfair and impossible to defend. This is another reason to not use reverse auctions where the government goofs up the fairness of the grants before they are even open for bidding.

The White House Broadband Plan

Reading the White House $100 billion broadband plan was a bit eerie because it felt like I could have written it. The plan espouses the same policies that I’ve been recommending in this blog. This plan is 180 degrees different than the Congress plan that would fund broadband using a giant federal, and a series of state reverse auctions.

The plan starts by citing the 1936 Rural Electrification Act which brought electricity to nearly every home and farm in America. It clearly states that “broadband internet is the new electricity” and is “necessary for Americans to do their jobs, to participate equally in school learning, health care, and to stay connected”.

The plan proposes to fund building “future proof’ broadband infrastructure to reach 100 percent broadband coverage. It’s not hard to interpret future proof to mean fiber networks that will last for the rest of the century versus technologies that might not last for more than a decade. It means technologies that can provide gigabit or faster speeds that will still support broadband needs many decades from now.

The plan wants to remove all barriers so that local governments, non-profits, and cooperatives can provide broadband – entities without the motive to jack-up prices to earn a profit. The reference to electrification implies that much of the funding for modernizing the network might come in the form of low-interest federal loans given to community-based organizations. This same plan for electrification spurred the formation of electric cooperatives and would do something similar now. I favor this as the best use of federal money because the cost of building the infrastructure with federal loans means that the federal coffers eventually get repaid.

The plan also proposes giving tribal nations a say in the broadband build on tribal lands. This is the third recent funding mechanism that talks about tribal broadband. Most Americans would be aghast at the incredibly poor telecom infrastructure that has been provided on tribal lands. We all decry the state of rural networks, but tribal areas have been provided with the worst of the worst in both wired and wireless networks.

The plan promotes price transparency so that ISPs must disclose the real prices they will charge. This means no more hidden fees and deceptive sales and billing practices. This likely means writing legislation that gives the FCC and FTC some real teeth for ending deceptive billing practices of the big ISPs.

The plan also proposes to tackle broadband prices. It notes that millions of households that have access to good broadband networks today can’t use broadband because “the United States has some of the highest broadband prices among OECD countries”. The White House plan proposes temporary subsidies to help low-income homes but wants to find a solution to keep prices affordable without subsidy. Part of that solution might be the creation of urban municipal, non-profit, and cooperative ISPs that aren’t driven by profits or Wall Street earnings. This goal also might imply some sort of federal price controls on urban broadband – an idea that is anathema to the giant ISPs. Practically every big ISP regulatory policy for the last decade has been aimed at keeping the government from thinking about regulating prices.

This is a plan that will sanely solve the rural broadband gap. It means giving communities time to form cooperatives or non-profits to build broadband networks rather than shoving the money out the door in a hurry in a big reverse auction. This essentially means allowing the public to build and operate its own rural broadband – the only solution I can think of that is sustainable over the long-term in rural markets. Big commercial ISPs invariably are going to overcharge while cutting services to improve margins.

Giving the money to local governments and cooperatives also implies providing the time to allow these entities to be able to do this right. We can’t forget that the electrification of America didn’t happen overnight and it took some communities as more than a decade to finally build rural electric networks. The whole White House infrastructure plan stretches over 8 – 10 years – it’s an infrastructure plan, not an immediate stimulus plan.

It’s probably obvious that I love this plan. Unfortunately, this plan has a long way to go to be realized. There is already proposed Congressional legislation that takes nearly the opposite approach, and which would shove broadband funding out of the door within 18 months in a gigantic reverse auction. We already got a glimpse of how poorly reverse auctions can go in the recently completed RDOF auction. I hope Congress thinks about the White House plan that would put the power back into the hands of local governments and cooperatives to solve the broadband gaps. This plan is what the public needs because it creates broadband networks and ISPs that will still be serving the public well a century from now.