The FCC’s Ability to Levy Fines

Today’s blog takes a deeper dive into the upcoming case at the Supreme Court concerning appeals by AT&T and Verizon over fines levied by the FCC. The original appeals followed an FCC finding that all three major U.S. cellular carriers were liable for violating customer privacy by selling access to customer location data. This data showed every place that a customer visited during the day, something that should make every cell customer uncomfortable. The FCC fined AT&T $50 million, T-Mobile  $80 million, and Verizon $47 million, with smaller fines against a few other carriers. The case at the Supreme Court looks specifically at the FCC’s ability to levy fines against the carriers for violating consumer privacy rights.

AT&T and Verizon appealed the FCC fines. Both companies were emboldened by two recent Supreme Court rulings that weakened the FCC’s authority. The first was Loper Bright Enterprises v Raimondo, which said that courts don’t have to defer to expertise at federal agencies when deciding lawsuits. The second case was SEC v. Jaresky, which said that federal agencies should give defendants a chance to have a trial by jury in a federal court rather than levying fines.

As usually happens with cases that make it to the Supreme Court, lower courts issued conflicting opinions about the FCC fines. The 5th U.S. Circuit Court of Appeals overturned the fines levied against AT&T, while the 2nd U.S. Circuit Court of Appeals upheld the FCC’s fines against Verizon.

One of the more interesting things about both appeals was that the carriers did not deny their bad actions – they had clearly allowed access to customer location data. Both appeals relied on the Supreme Court ruling in SEC v. Jaresky and argued that the FCC should have offered the carriers the chance to take the cases to court and hold a jury trial as an alternative to the FCC fines.

It’s clear that the carriers are trying to weaken or break the FCC’s ability to levy fines and are willing to go through this process as a way to avoid future fines. I find it unbelievable that the carriers would have chosen to take this specific case to a jury if they had been given that option. It’s impossible to seat a jury of people who don’t use cellphones, and I would wager that a jury would be unhappy that a carrier would sell the data to track them 24/7. It’s easy to imagine that a jury would assess damages much larger than the FCC fines if these cases had instead gone straight to court.

It will be interesting to see what the carriers do if they win this case. Winning doesn’t take them off the hook for selling customer data, and the cases would likely be remanded back to the FCC to give the carriers the option for a jury trial. As silly as it sounds, I’m dubious that, even with a second chance, the carriers would choose the jury trial. Again, the real goal of the carriers in this case is to weaken the FCC’s options in future disputes.

It will be unfortunate if the Supreme Court sides with the carriers and hobbles the FCC’s ability to levy fines. The FCC typically fines regulated companies for two reasons, for failing to comply with FCC rules or for abusing the general public. The first type of fines is generally relatively small and the big fines are saved for companies engaged in abuse and fraud of the public. In a recent action, the FCC fined Telnyx LLC for allowing foreign scam robocalls into the U.S. telephone network.

Protecting the public is one of the major roles of a regulatory agency. A policy shift that makes it difficult or impossible to hold large corporations accountable for abuses against the public would be a terrible outcome.

Some Thoughts on Convergence

An article in Light Reading reported that the largest cable companies captured about one-third of the net cellular customer additions in the fourth quarter of 2025. This statistic combines the cellular sales of Charter, Comcast, and Optimum. The overall cable industry statistics would be even higher if it included sales from Cox and Mediacom, which are privately held.

Industry analysts are using the word convergence as shorthand for competition that bundles cell service with broadband. Convergence is the newest strategy that replaces the traditional bundling strategy of selling a package of broadband, cable TV, and voice.

Industry press over the last year is full of articles that wonder about the ultimate success of the strategy. Cable companies seem to have the upper hand in a convergence bundle since they collectively pass roughly 122 million homes. I’ve read a few analysts who argue that the big telcos like AT&T and Verizon are at a disadvantage since they pass a lot fewer homes with fiber.

But I think these analysts are missing something. There are three players in the convergence battle, and each is using a different tactic:

  • Cable companies are finding success with the convergence bundle by combining full-price broadband with inexpensive cellular service. The main goal of the cable companies is to reduce broadband churn, and a customer loses their cable company cell service if they drop broadband.
  • The fiber parts of the telcos don’t seem to be pushing the convergence package to the same extent. They are mostly still betting that people like fiber a lot more than cable broadband. However, AT&T just announced a fiber/cellular bundle with gigabit and one cellphone for $90 and two cellphones $120.
  • The third competitors are the FWA cellular companies. They are bundling full-price cell service with inexpensive broadband. At least for now, they seem to be winning the convergence battle. In the fourth quarter of last year, AT&T, T-Mobile, and Verizon added over 1 million net FWA customers while the rest of the industry barely grew.

I know it seems odd to be counting the FWA competitors as different than the fiber telcos, since they are largely the same companies. But anybody who follows these companies understands there is not a lot of bleed-over between the wireline and the cellular parts of the businesses. The FWA division of the telcos are willing to compete for a fiber customer from their own sister companies.

It’s becoming clear that affordability is a major issue for a huge number of households. As long as that stays in the forefront, it seems like many households will lean towards the convergence plan that gives them a significant discount. I doubt that customers care if the discount comes from a lower price for broadband or cellular.

I think the cable companies are on to something with their focus on reducing churn. I talked to a few people in the last year who wanted to leave Charter and move to fiber broadband but didn’t want to lose their cheap cell service – and didn’t want to go through the hassle of replacing both services at the same time. The cable companies were really good at the triple play bundle in the 2010s, and a huge number of households felt they were held captive by the bundle. Are we headed back to that same place, but this time with multiple bundle options that force customers to buy both services from the same company?

Perhaps led by the recent new plan from AT&T, perhaps the fiber telcos are ready to jump into the convergence battle. I have wondered for years why they didn’t lead the market in this effort, and I guess it was due to internal battles over which division swallowed the bundling discount.

A Rural Cellular Story

I was looking through the FCC cellular map in Buncombe County, North Carolina, where I live. For those not fully familiar with the FCC broadband maps, the agency publishes two maps: the more familiar one that shows broadband coverage and a second that shows cellular coverage. You can toggle between the two maps at the FCC’s map website.

It struck me while looking at the details in the maps that rural cellular coverage is changing, and not in a good way. I started by looking at a small section of the county that is on the outer fringe of where the Asheville outer suburbs turn rural. According to the FCC cellular map, the area I selected has the following cellular coverage:

These two tables tell me the following:

  • AT&T and Verizon have some 4G coverage. But the Verizon coverage is likely very weak since they don’t claim it will work in a moving vehicle. While AT&T claims its 4G coverage will work in a moving vehicle, it’s curious that AT&T doesn’t have 5G. This tells me that the AT&T signal is also likely weak since it is outside the 5G coverage area.
  • The only carrier claiming relatively solid 5G (35/3 Mbps) is Project Genesis, which is EchoStar. The company has exited the facility-based cellular business and is in the process of dismantling cell sites.
  • T-Mobile claims both 4G and 5G for outdoor cellular coverage, but doesn’t claim it can work in a moving vehicle, meaning the coverage is also probably weak.
  • The last carrier listed is UScellular, which claims 7/1 speeds on 5G, but doesn’t claim to be able to provide coverage in vehicles. UScellular was purchased by T-Mobile, and the rumor is that any UScellular towers that already duplicate T-Mobile coverage are likely to be decommissioned.

The bottom line is that this particular neighborhood has weak cell coverage. The only carrier that claimed to be able to deliver 5G to a moving vehicle is now out of business.

I picked this neighborhood at random, but I think I would find the same story in most of the areas on the fringe of the metropolitan area. The coverage in areas that are completely rural is worse. The story I gleaned from this neighborhood is troublesome for several reasons.

  • The folks who live here don’t have a lot of options. The only carrier that might work in the way people need cellular to work is AT&T, but this neighborhood is outside the AT&T 5G coverage, and the 4G coverage is likely weak.
  • It looks like decent coverage was finally becoming available from EchoStar, but that’s now gone.
  • The speeds shown in the table are for outdoor coverage, and speeds inside homes are typically half of outdoor speeds.
  • When you look at the details in the FCC cellular map you quickly understand how the advertised national footprints of the big carriers are exaggerated.
  • The bad news is that the FCC considers this neighborhood to be served by cellular. That means if the FCC finally launches the 5G Fund for Rural America, this neighborhood will not be considered for funding to add a new cell tower.

Broadband Shorts March 2026

The following are a few topics I found interesting but which are two short to need a full blog.

Acquisitions Changing the Broadband Landscape. We’ve recently seen the closing of a number of major mergers and sales that are changing the broadband landscape.

  • On January 20, the sale of Frontier to Verizon closed. This $20 billion blockbuster sale brought 2.2 million fiber subscribers and eight million passings. Long-time followers of the industry are somewhat amused to see Verizon buy back millions of passings it sold to Frontier in the past.
  • On February 2, AT&T closed the sale of over 1 million fiber customers from Lumen, which brought four million fiber passings. This included customers in major markets like Denver, Seattle, Salt Lake City, Las Vegas, Minneapolis-St. Paul, Orlando, and Phoenix.
  • On March 10, the sale of Starry to Verizon closed. While bringing only 100,000 customers, the acquisition also brings Starry’s proprietary technology that uses 28/39 GHz millimeter wave spectrum to deliver wireless broadband, mostly to MDUs. The speculation is that Verizon will use the technology to expand to MDUs outside of its fiber footprint.
  • The huge merger between Charter and Cox Communications is still pending. The merger recently got approved by the FCC and still needs approval from several states. Cox would bring around 6 million broadband customers and 12 million passing to Charter, making the combined company the largest ISP in the country.
  • GFiber just announced a merger with Astound Broadband that would spin GFiber from Google Alphabet.

Action in the NDIA Suit. The U.S. Department of Justice sought to dismiss the lawsuit filed by the National Digital Inclusion Alliance (NDIA) that challenged the administration’s refusal to disperse the grant funding approved by Congress from the Digital Equity Act. These grants were aimed at tackling digital inclusion efforts that included bringing broadband devices to those that need them, training people how to use computers and broadband, and training for broadband-related jobs. The NDIA suit was first filed in early October 2025. I note the DOJ motion since the agency has had a low success rate in defending executive actions that killed various other federal grants. I think there is still a chance that this funding will eventually be awarded as intended.

AI Fueling Surge in Deepfake Spam. Hiya, a service that provides apps to block spam calls, released its State of the Call 2026 report, which says that AI is fueling an increase in spam calls. A survey of over 12,000 consumers across the  U.S., UK, Canada, France, Germany, and Spain showed a rise of deepfake calls, which use AI to mimic voices that are familiar to those being called. One in four Americans said they received a deepfake voice call in the last year. Americans said by nearly 2-to-1 that spammers are winning the battle over the FCC, which is trying to squelch spam calls.

AT&T Partnership with Amazon. AT&T, Amazon Web Services (AWS), and Amazon Leo announced a broadband collaboration this week that integrates AT&T into the AI and cloud capabilities of AWS. AT&T will become the preferred vendor to provide connectivity to AWS data centers. Amazon LEO has an existing arrangement with Verizon to bring fiber to ground stations, and it will be interesting over time to see if that business shifts to AT&T.

AT&T will partner with Amazon Leo to provide satellite broadband connectivity to some AT&T broadband customers. This is an interesting solution that could help AT&T more easily walk away from rural copper networks. AT&T also wants to bring satellite backup broadband to AT&T business customers.

Cellular Backup for Broadband

Amazon announced a new device that offers broadband backup for broadband outages. The new device is the eero Signal, which is an add-on to Amazon’s eero WiFi system that will automatically connect a customer to cellular broadband any time the primary broadband connection fails.

For now, the device works with 4G and retails for $99.99. For the purchase price, a customer gets the device plus six months of backup service. After that, there is an annual $99.99 subscription. A 5G version of the products is coming soon that will have a $199.99 annual subscription fee. In both cases, the customer also has to have an eero subscription, which can cost as much as $9.99 per month or $99.99 for a year.

The Signal device will connect with the strongest carrier signal in your area, meaning that Amazon has made arrangements with AT&T, T-Mobile, and Verizon. There are usage limitations, and the cellular connection can’t be used as a primary broadband connection. I’m curious how long the device will function for somebody who has a multiday outage. One of the other caveats of the device is a warning that customers can’t connect to 911 through the device.

Amazon is clearly counting on folks willing to pay extra for instantaneous broadband backup. The service seems pricy to me. I have several broadband outages every month on my cable broadband connection, and most last for 15 minutes or less. If I’m working on my computer,  I can activate my cellular hotspot within a minute if I really need an Internet connection, but I often just wait for the outage to clear. But I’m not the target customer for the product since my quick fix is only for the computer I am using. I don’t operate any critical devices on WiFi, like a security system, fire alarms, or a health monitor. The biggest draw of the service for folks with those devices is that the eero Signal product will support WiFi for all of the devices in the home, including when the customer is away from home.

In December, AT&T also announced a new broadband backup service. This is a free product that offers cellular backup to customers who buy both AT&T broadband and cellular service. This backup also provides cellular broadband for the whole home, but only if the activated cellphone is within range of the home Internet gateway. The broadband gateway will instantly start using cellular broadband if the normal broadband connection is lost. One of the best features of this service is that it requires no new hardware or a subscription. But this wouldn’t provide backup for critical devices if the customer isn’t home or in range with the cellphone.

Both companies obviously think there is a need and a market for a backup service. AT&T is oddly acknowledging that its broadband has enough outages for this service to be an issue. I’m going to guess that Amazon isn’t going to be the only hardware company to offer this. The idea of creating a recurring revenue stream has to be attractive to folks who normally sell hardware.

California Competition Study

The Public Advocates Office, which is part of the California Public Service Commission, undertook a a deep analysis of broadband pricing in the state, correlated with the level of competition. The study was conducted from August through October of 2025.

The study looked at four large markets in the state: San Mateo, Oakland, Los Angeles, and San Diego. By choosing these markets, the study encompasses the four largest ISPs in the state – AT&T, Comcast, Charter, and Cox. The study gathered information on available broadband plans by location, advertised speed tiers, and promotional prices. The study also overlaid household incomes from the Census across the data it gathered to explore if household income played a role in prices offered by the big ISPs. The markets are interesting because they not only vary by ISP, but each market has some neighborhoods where the only gigabit provider is the cable company, and other neighborhoods where there is also one or more fiber competitor.

The overall conclusion of the study won’t surprise anybody who follows the big ISPs – broadband prices vary by the level of competition. In aggregate, the study showed that the price for broadband in competitive neighborhoods across the four markets was around $51 per month, while prices in non-competitive markets were $15 to $40 higher per month for comparable services.

The study resulted in three major conclusions:

Gigabit Fiber Drives Lower Broadband Prices. The study demonstrated that price competition only kicked in for neighborhoods where there are multiple ISPs offering gigabit broadband. That means a cable company and at least one fiber provider. The study showed that when there is competition for gigabit broadband, the competition extends downward to slower speeds offered by the big ISPs.

The study demonstrates something that is probably obvious, in that pricing is trimmed even further when there are more than two gigabit providers in a neighborhood.

Sub-Gigabit Providers Do Not Reliably Constrain Price. This is an interesting finding. It says that when the only competition to a cable company is an FWA cellular provider or a fixed wireless ISP, the cable company does not engage in significant price competition to keep customers. The study showed that, in fact, some of the neighborhoods with this kind of competition see the highest prices from the big ISPs.

This doesn’t mean that cable companies never compete hard against 100 Mbps providers, but this finding makes a lot of sense. Customers are attracted to the low prices of the FWA providers, and both T-Mobile and Verizon have price options as low as $35 per month. Cable companies, at least in these four large markets, are not willing to drop prices to compete with those prices.

Income is Not a Primary Driver of Prices. This is a bit of a surprise, because there were previous studies that suggested that pricing was lower in neighborhoods with the highest household incomes. That may have been true five years ago, but the data now suggests that prices offered by the big ISPs are mostly related to the level of competition.

The study made some other interesting observations. One observation is that in competitive neighborhoods, promotional prices can vary by household, and somebody might be paying a significantly higher or lower price than their immediate neighbors.

The study is worth reading for anybody interested in how big ISPs compete. The study has a lot of detail about how big ISPs stratify addresses and pricing offers based on the presence of other gigabit providers, while not caring much about ISPs that compete with slower products.

Supreme Court Examines FCC’s Ability to Fine

The Supreme Court has accepted a case that will determine the FCC’s ability to levy fines against the companies it regulates. The lower court cases that brought the issue to the Supreme Court come from fines that the FCC levied against AT&T, T-Mobile, and Verizon after the companies sold customer location data. The FCC said that the carriers did not properly vet the companies that bought customer data, and that many of those companies widely resold the data.

The Fifth Circuit Court sided with AT&T and said that the FCC’s process was unconstitutional. The Second Circuit Court sided with the FCC when reviewing the Verizon fine. The DC Circuit also sided with the FCC when reviewing the fine against T-Mobile.  As often happens when lower courts issue conflicting rulings, the Supreme Court has agreed to review the findings of the lower courts.

The Circuit Court cases invoked a Supreme Court ruling in 2024 in the case of SEC v Jaresky. In that case, the defendant was accused of committing fraud and misrepresenting himself to investors. The Securities and Exchange Commission fined Mr. Jaresky $300,000 and ordered him to disgorge the unlawful profits he made of $685,000. Mr. Jaresky appealed to the Supreme Court and argued that the SEC didn’t have the regulatory authority to directly fine him, and that the SEC had violated his right to a jury trial.

The Supreme Court surprisingly sided with Jaresky and ordered that he should have been given the option for a jury trial rather than a trial by an SEC administrative judge. It was obvious after the Jaresky ruling that companies that were fined by other regulatory agencies would make the same claim if they were denied the right of a jury trial. In this case, the three cellular companies made the argument that the FCC fines were unconstitutional and got contradictory rulings from different lower courts. It’s fairly obvious that the carriers went to different courts hoping for conflicting rulings.

This is a major case for the FCC, since a ruling against it eliminates its ability to fine regulated companies for violating FCC rules. The ability to levy fines has always been one of the agency’s most effective enforcement tools and is one of the few remedies that is less drastic than yanking an FCC license to operate. The FCC has been using fines a lot recently in its attempt to cut down on robocalls and texts. The FCC will become a fairly toothless regulatory agency without the ability to levy fines. Carriers, both large and small, will be less afraid to violate FCC rules if they don’t fear that their violation would warrant a referral to the Justice Department.

This is a really interesting tactic by the cellular carriers. If these particular cases had been referred to a jury instead of an administrative judge, it’s not hard to imagine the fines being a lot larger. It’s not hard to imagine a jury that doesn’t like the idea of a giant corporation selling data that shows everywhere they travel with their cellphone.

This also opens up the possibility of State regulators tackling these kinds of issues and issuing fines if the FCC finds itself unable to do so. I have to think that selling customer data violates the law in multiple states.

If the Jaresky case is the precedent, then it’s hard to think the Court won’t side with the carriers and rule against the FCC. This Supreme Court seems to be very much against what they view as regulatory overstepping of authority, and the Jaresky case is only one of their rulings that are weakening federal regulatory agencies.

Falling FWA Speeds

Ookla recently published a report looking at broadband speeds being delivered with FWA cellular broadband offered by AT&T, T-Mobile, and Verizon.

The report includes the chart shown below that tracks the median download speeds of each carrier, by quarter, since the third quarter of 2023.

There are some interesting stories in the chart:

  • At the end of the third quarter of 2023, the median download speed was nearly the same for all three carriers, between 140 and 150 Mbps.
  • Since then, T-Mobile speeds have increased significantly, peaking at 221.7 Mbps at the end of the first quarter of 2025. T-Mobile’s median speeds are now twice the speeds of AT&T.
  • The Ookla blog talks about the fact that speed for all three carriers dropped from the second quarter of this year to the end of the third quarter. AT&T dropped from 114.3 Mbps to 104.6 Mbps. T-Mobile dropped from 221.7 Mbps to 209.1 Mbps. Verizon has the largest drop from 167.3 Mbps to 137.8 Mbps.

Ookla asks the question of why speeds dropped during those two quarters. They expect that some of the drop is due to foliage that slows down cellular signals from late fall until autumn. Foliage is clearly an issue in many parts of the country.

Ookla also asks the question if the networks are experiencing problems due to oversubscription. The three carriers have seen extraordinary growth. At the end of the third quarter of 2023 there were just under 7 million FWA customers. By the end of the third quarter of this year, the companies had just under 14.5 million customers, having added over 7.5 million FWA customers in two years.

It’s clear that FWA customers put a lot of stress on a cellular network. Assuming that FWA customers are the same as other broadband customers, the average U.S. broadband customer used over 640 gigabytes of broadband per month at the end of the third quarter, compared to 17 gigabytes for the average cellphone customer. From a bandwidth perspective, an FWA customer uses 38 times more cell site resources than a cellular customer.

The questions that Ookla is asking are not easily answered because FWA is not a homogeneous broadband product. Customers must be located near a tower to get the fastest speeds, and speeds drop off as the distance between customers and a tower increases. Consider AT&T, which has been using FWA as a replacement for DSL. This likely means AT&T is offering FWA to customers at a greater distance from towers than the other two carriers, in order to provide that copper alternative. That alone could contribute to AT&T’s lower median speeds.

The FWA market isn’t going to remain static. AT&T recently upgraded 23,000 cell sites with the 3.45 MHz spectrum the company acquired from EchoStar. That should cause a big upward spike in AT&T FWA speeds this quarter.

The Ookla report is fascinating. It will be interesting to watch the FWA speeds over time to better understand seasonality, foliage, and the impact of rapid customer growth.

AT&T Adds New 5G Spectrum

AT&T recently agreed to purchase the 3.45 GHz spectrum from EchoStar and was able to deploy the new spectrum in 23,000 AT&T cell sites in a matter of weeks. The company will use this spectrum to beef up 5G speeds and to also power its FWA cellular home broadband product it markets as AT&T Air. While the spectrum sale still needs to be officially recognized by the FCC, the agreement between EchoStar and AT&T allows for an immediate lease of the spectrum to AT&T.

Anybody following the cellular industry knows that AT&T’s 5G speeds have significantly trailed the speeds being delivered by Verizon and T-Mobile. This should also strengthen AT&T’s recent decision to seriously market its FWA product. AT&T was several years behind Verizon and T-Mobile in marketing wireless home broadband, and just started to seriously market the product in 2024. AT&T had its best quarter of new FWA sales in the third quarter and added 270,000 new customers to bring it to almost 1.3 million FWA customers.

The most interesting thing about this upgrade was the short time required for the upgrade, with 23,000 cell sites upgraded in weeks. Just a decade ago, an upgrade like this would have taken fleets of technicians visiting each cell site, and the update would have normally taken more than a year. I recall stories about the challenges AT&T and the other carriers faced in implementing the first wave of 4G LTE. The LTE upgrades weren’t a one-time event, and every six months to a year there would be new 4G improvements.

AT&T was able to make the upgrade quickly today for several reasons. First, AT&T already owns 3.45 GHz spectrum in some markets, so it has already built the spectrum into its handsets and headends.

But the real news is that AT&T has upgraded cell sites over time to make it easy to make software upgrades remotely. Starting in 2017, AT&T used the required upgrades needed to implement FirstNet, the nationwide first responder network, as an opportunity to also update hardware and software at cell sites for its own purposes. Upgrades were made to hardware and software to prepare cell sites for the next decade of likely upgrades.

It’s easy to think that a company like AT&T probably has a relatively generic configuration at cell sites, but that was never the story historically. AT&T and the other cellular carriers deploy different spectrum in markets depending on the cell licenses they hold in each region. The company operates a range of sizes of cell sites, from tiny rural ones to monster sites in major metropolitan areas. This now also includes a number of microcell sites in markets that are used to serve a large building or a particularly busy neighborhood. AT&T cell sites also vary widely by the age and specific type of electronics at each cell site. The complexity of the historical cellular network makes it easy to understand why it was so challenging to implement a nationwide upgrade.

But AT&T clearly invested a lot in software that can be triggered quickly for a large number of cell sites. This AT&T announcement is good for AT&T, which can instantly realize the benefits of a change like adding new spectrum. It’s good for customers, who see faster speeds immediately. It’s not so good for the many folks who used to travel and make this kind of upgrade.

I’m an AT&T cellular customer, and I took a cellular speed test as I wrote this blog. My download speed is almost 100 Mbps faster than some tests I had taken in the spring. That increase may not come from this upgrade, but it might.

Are Cable Companies “Permanently Impaired”?

KeyBanc Capital Markets analyst Brandon Nispel recently said in an industry report that “There are reasons to believe that cable is permanently impaired.” By that, he believes that cable companies are going to continue to lose broadband customers as they compete with fiber and FWA cellular wireless.

The problem that cable companies are experiencing stems largely from the time when they enjoyed a near-monopoly status in broadband markets across the country, when their only real competition was DSL provided over copper wires. For well over a decade, cable company broadband customers grew by huge numbers each quarter as people abandoned DSL. The reason for the cable company decline today is that the monopoly is now over and cable companies suddenly have to compete with alternatives like fiber and FWA cellular.

Using the term ‘permanently impaired’ makes it sound like cable companies have inferior broadband. From a technology perspective, fiber is clearly superior to cable broadband. Fiber has lower latency and less jitter for a more reliable signal, and fiber can provide very fast or symmetrical upload speeds for customers who care about upload. But a technology comparison would give the nod to cable over FWA wireless. Cable speeds are faster, and wireless networks generally have more variability of signal over time.

But most customers don’t buy broadband based on the performance specifications. Households that don’t need a lot of upload are perfectly happy with cable company download speeds, with tiers available from 300 Mbps to over a gigabit. Surveys show that a lot of cable company customers are happy with the broadband speed and performance.

The cable companies have been investing in increasing upload speeds, which will satisfy a lot of their broadband customers. Whether they goose upload speeds to 200 Mbps with a mid-split upgrade or invest in symmetrical speeds with a DOCSIS 4.0 upgrade, the increased upload speeds will be enough to satisfy the large majority of households.

I don’t think that most of the households leaving cable companies are doing so because of the technical differences in the technologies, other than perhaps heavy gamers and others who care about the difference in latency and jitter. The cable companies are seeing customers leave because of the way they treated customers over the last decade.

A lot of customers soured over the years on cable companies because of cavalier customer service, where customers had long wait times on the phone, and cable technicians routinely showed up late for customer appointments. It’s been a running joke about how dreadful it is to be stuck in a Comcast call queue. Cable companies didn’t create loyal customers when they had a big rate increase every year for more than a decade, and now have base rates approaching $100. Customers grew frustrated when new customers got low prices while long-term customers continued to pay the full list price. I think it’s the millions of customers who have a sour taste in their mouth for the cable companies who are bailing when they finally have a reasonable alternative that is not DSL.

I’m starting to get public feedback that the big fiber companies like AT&T are headed down the same path as the cable companies. I’ve been contacted in recent months by several AT&T fiber customers who are unhappy with their fiber service. One told me about an outage that lasted for nearly a week before AT&T finally fixed the problem – and then offered them a $3 discount off the bill for their inconvenience. Another customer told me about regular short outages on AT&T fiber – and this customer originally left the cable company for AT&T for this reason. AT&T fiber won a lot of customers when they entered markets because they were cheaper than the big cable companies, but the company has now raised rates for broadband by $5 per month two years in a row, at a time when the company is bragging about record profits.

Nispel is right that cable companies will continue to lose customers. That’s a natural consequence of the end of a near-monopoly. But urban markets will eventually reach an equilibrium, and cable will settle in at a lower penetration rate. We already know what that looks like after seeing how Verizon FiOS and cable companies reached an equilibrium in the Northeast.

The story is not that cable companies are losing customers and are doomed. The real story is that the ISPs displacing them are repeating the same mistakes made by the cable companies, and the public isn’t going to like them any more than the cable companies. A colleague recently observed that competition in urban areas is largely illusory and we’re largely seeing competition between equally inept ISPs. I’m starting to think he’s right.