Verizon President and Chief Operating Officer Dennis Strigl made a big splash at NXTcomm 08 yesterday when he announced that the entire Verizon FiOS footprint could now get speeds of 50 megabits per second. Typically such bandwidth news wouldn’t cause that much of a furor, but there wasn’t much to write home about from the show, which was held in Las Vegas this week.
In his speech, Strigl pointed out that the U.S. has the highest number of broadband users when compared with other countries, in particular that broadband is available in every U.S. zip code. Good point — and one that I’ve made in the past myself — except that it’s no longer true. By that metric, China now leads. Yes, the FCC used to defined broadband as a service that offered, at a minimum, 200 kbps downloads, but it’s since changed that requirement to 768 kbps.
But where Strigl went too far was when he suggested that three-quarters of American households have two providers to choose from — aka a duopoly, which is not my idea of a competitive marketplace. If you factor in wireless and satellite, he said, there are actually six or seven competitors. Talk about twisting the facts to fit one version of the truth! This part of his speech, however, had me choking on my breakfast cereal.
“Massachusetts and New Jersey have similar population density to Korea and Japan and similar broadband penetration. Unlike other countries, what we have accomplished has come not through [government] policy but through private investment.
How telling. So subverting government policy via lobbyists and highly biased friends at the FCC to ensure a future monopoly is all part of good, capitalistic, private investment theory? Maybe Harvard can include that in its future MBA curriculum.
Regardless, I thought it would be fun to see how Massachusetts and New Jersey really square up against South Korea and Japan when it comes to the price of a broadband connection:
Average broadband speeds in South Korea and Japan are 49.5 megabits per second and 63.6 megabits per second, respectively. The average U.S. speed is about 4.9 megabits per second, making it the 14th-fastest country in the world. The average price in South Korea and Japan is about 83 cents per megabit. In the U.S, it’s about $2.83.
But since it would be unfair to use average U.S. stats, I went with Verizon’s prices, the ones it’s going to offer in Massachusetts and New Jersey. On Verizon’s FiOS network, a 50 Mbps connection costs $140 a month — or about $2.80 a megabit. In fact, if you went with Verizon’s 20 Mbps service, you would be paying $3.25 per megabit. (To be fair, Verizon’s price-per-megabit is still cheaper than the $5.25 Qwest charges for its 20 Mbps connection, which costs $105 a month.)
In other words, not until Verizon starts selling a 50 Mbps connection for $41.50 a month and 20 Mbps fiber connection for $16.60 a month can Strigl get away with comparing U.S. broadband with that of the rest of the world.

The $250 million Vonage burned through as a result of the patent lawsuit brought by Verizon et al provides yet another example of why patents for business processes implemented on computers (a.k.a. software patents) deserve to die. Verizon’s two successful “name translation” patents negate an open standard assembled by Cisco, Microsoft, IBM, Intel and Vocaltec via the VoIP Forum during 1996. The threat of patent litigation cleared the landscape of independent VoIP companies the VoIP Forum sought to make possible.
Vonage survived and can look forward to a prosperous future as the third player in an oligopoly with the regional telcos and cablecos, but this hardly seems like the success story sought with the opening of patent protection to business methods in 1999. The work of the VoIP Forum built on the ITU H.323 standard, which dates back to 1991 , so Vonage’s loss in court does not owe to a lack of prior art. Vonage lost because of the difficulty in finding the proper documentation of prior art 15 years after the fact.
The antidote to software patents involves creating their exact opposite — a formal process of contributing software innovations to the public domain. Vonage’s experience, however, illustrates that the various standards-creating processes represent only a first step. A successful open-source model for patents requires creating a searchable archive of prior art in which inventors contribute their innovations in order to get protection from subsequent litigation.
This would replace the patent office’s dependence on the oath signed by patent applicants “acknowledging the duty to disclose all information known to be material to patentability.” Vonage’s decision to base its technical implementations on the work of the VoIP Forum and IETF seems reasonable. Who would have guessed the patent office granted Verizon a patent on the same subject matter?
Verizon’s “name translation” patents address the process of converting between an IP address and a telephone number during call setup. Absent the expectation of end users dialing IP addresses, all VoIP implementations will involve some form of “name translation.” A patent examiner trying to meet expectations of reviewing a patent per day can be excused for having missed the fact that the name translation issue arose with the ITU H.323 standard.
Questions remain over how Verizon failed to disclose the H.323 standard in their declaration, never mind the VoIP Forum’s efforts that built on the H.323 standard. Verizon’s first name-translation patent (’711) has a filing date two months after the VoIP Forum published the results of their efforts. Verizon’s prior art disclosures also failed to mention VocalTec Communications, the company credited with bringing the VoIP category to public awareness in February 1995. The author of the patent in question, Eric Voit, initiated a relationship with Lior Haramaty, a co-founder of VocalTec, in the same month he filed the first patent.
As project director for VocalTec, I was around then; I also led a joint venture with Digital Equipment that involved implementing Verizon’s first VoIP pilot in 1998. Eric Voit’s second patent, from February 2000 (’574), incorporates ideas addressed in detail during this pilot. However, Verizon filed the second patent as a continuation of the first — and it, too, was absent any disclosure about VocalTec or the VoIP Forum. The filing of the second patent as a continuation gives the claims the same prior art grace period as the first patent.
A formal process of filing prior art to the public domain will protect an emerging infocom industry better than just depending on overworked patent examiners and applicants for prior art searches.

Cynthia Brumfield is a long-time communications, broadband and media analyst at Emerging Media Dynamics, and a blogger at IP Democracy.
AT&T CEO Randall Stephenson triggered a mini-free fall in the shares of phone companies last week when he told investors at a Citibank conference that non-pay disconnects are “happening all across consumer products lines,” with the possible exception of wireless voice accounts. In other words, a larger-than-expected chunk of customers aren’t paying their bills. And AT&T is pulling the plug on them.
This bit of concrete evidence that a recession is indeed underway spooked an already jittery stock market, dragging down non-telecommunications shares in the process. Hardest hit, though, were the leading telecom and cable companies, which managed to recovered slightly but continue to labor under a cloud of investor suspicion.
Comcast CFO Michael J. Angelakis echoed Stephenson’s claim. Speaking at the same Citibank conference, Angelakis said that during the second half of 2007 “we clearly saw bad debts increase, and we clearly saw a pickup in churn.” Translation: A growing number of cable customers aren’t paying their bills, either.
Against this backdrop, earnings season is about to get underway, meaning we’ll soon get a look at some hard fourth-quarter 2007 numbers from the top telecom and cable companies. If Stephenson and Angelakis are any indication, we’re in for disappointing results from the country’s top broadband, voice and video providers.
But a recession-driven slowdown for either cable or phone companies would be a new thing. Historically, cable has prided itself on being recession-proof. During the recession of the early 1990s and the downturn in 2001 and 2002, cable companies didn’t lose customers. In fact, in 2001 and 2002, cable was in the midst of digital TV and high-speed Internet rollouts, which cranked up growth (although the telecom and dot.com meltdowns, not to mention the accounting scandal that brought down WorldCom, made cable seem like it, too, was in the doldrums).
Phone companies have also held up well during economic downturns. Even though the big incumbent companies that now make up AT&T, Verizon and Qwest started losing access lines in 2000, those losses were mostly restricted to the commercial sector and were due to the rapid late-90s rise of competitive local exchange carriers. Consumer spending cutbacks typical of a recession didn’t come into play.
Things could be different this time around, because unlike in the past, cable and phone companies now sell a lot of services that consumers feel are discretionary. During past downturns, customers clung to their voice and pay-TV services because the telephone was considered essential and subscription TV was a bargain service, relative to other entertainment options.
However, that held true before the days of triple-play or quadruple-play bundles, before multiple digital service tiers and HD packages came along and before broadband either existed or was widely adopted. The thing to watch out for now is the possibility that the proverbial bundles of voice, video and data services might unravel.
For example, homes that buy both mobile and landline voice services could feel free to simply cut off the wired voice connection. During his Citibank talk, Stephenson cited this cost-savings measure as one cause of what will in all likelihood be stepped-up line losses for the company in the fourth quarter. Not that wireless substitution hasn’t been going on for a while, but tight household budgets could no doubt accelerate this trend.
Contrary to what I would normally expect, broadband service might turn out be a dispensable expense during a recession. “It’s non-pay disconnect that is driving the disconnect on access lines and on broadband as well,” Stephenson said during his Citigroup talk, reiterating several times that residential broadband growth has suffered some kind of a setback.
Cable companies, which posted very disappointing growth rates across the service board for the third quarter of ‘07 — before the economic slowdown truly took hold — have already started drawing up lower-cost service options and are about to market “double-play” packages of voice and high-speed services.
So what will we hear from cable operators and phone companies in the upcoming quarterly reporting season? Comcast officially confirmed back in December that it won’t make its fiscal 2007 guidance, citing weaker-than-expected subscriber gains. Based on the sounds Stephenson made, AT&T is managing expectations in advance of a weak fourth-quarter report as well.
Most of the other cable and phone companies will probably not have much better news, with the possible exception of Verizon, whose CFO, Denny Strigl, told the same Citigroup investors that the weak economy had “minimal” impact on his company. Moreover, in contrast to its peers, Verizon issued relatively robust third-quarter numbers last fall.
But compared to a lot of other industries, and despite any short-term hit that cable and phone companies may take, the communications network business — be it cable, telco or wireless — is a relatively sure bet in the long term. Both AT&T’s Stephenson and Comcast’s Angelakis, while acknowledging the challenges of increased competition and a weak economy, stressed this fact. “We are in the middle of a growth industry,” Stephenson said.

Ever since Verizon announced that it was going “open,” OPEN has become the new buzzword. For instance, this morning USA Today ran a story on AT&T being open, with extensive commentary from AT&T Wireless CEO & President Ralph de la Vega. The headline, “AT&T flings cellphone network wide open,” made it seem that AT&T was doing something new.
It isn’t a pretty sight to get up in the morning and find such a major development on your beat and not know a thing about it. But after reading through the piece, it was much ado about nothing. After all even today, once your contract expires, you can continue to use the AT&T network on a month-to-month basis. You can use any unlocked device which you can buy from anywhere, as long as it’s a GSM device and supports the frequencies used by AT&T. The phone can use any operating system — Windows Mobile, Symbian, Linux or whatever.
When I spoke with de la Vega following the Google Android announcement , he made precisely the same statements and said that AT&T (T) was already doing what Verizon (VZ) was announcing. He said pretty much the same thing in an interview with Ryan Block of Engadget a few weeks ago. I think the most recent story overstates the case. Just to make sure that I wasn’t missing something, I spoke to an AT&T spokesperson, and basically was told what de la Vega had said previously.
I think the bigger issue here is that we really need to get companies to define what they mean by OPEN. Open handsets, open networks, open applications, open operating systems — some combination of those, or all of them? Otherwise, I might have to start translating OPEN to “We’re Scared of Google.”
Consider the recently unveiled “any app, any device” initiative by Verizon Wireless in the context of the company’s latest quarterly results.
The wireless unit of Verizon (VZ) reported year-over-year subscriber growth of 12 percent, but a mere 5 percent rise in voice revenues. Data revenue saved the day, surging 63 percent and lifting the company to 15 percent revenue growth overall. Data revenue per user increased 43 percent, while voice revenue per user declined 5 percent — pushing data to 20 percent of revenues from 14 percent.
The same report revealed a 10 percent decline in residential access lines. The voice business of Verizon Wireless, in other words, seems to have entered the same cycle of contraction suffered by Verizon’s wireline business in recent years. Joining the open access bandwagon promises to keep data revenues growing strongly, but CEO Lowell McAdam faces some mighty difficult choices as the 80:20 ratio of voice to data revenues reverses. The legacy pricing model incorporates price discrimination that will prove awkward to preserve.
Consider the lucrative SMS business of shipping 160 character messages for 10 cents each, or roughly $1,000 per megabyte. What happens when all devices cleanly incorporate instant messaging? “Any app, any device” means VoIP-capable devices that transparently support voice and web browsing via data plans. Why would someone pay Verizon an extra $40 per month for voice services? Any data plan that makes video affordable makes voice essentially free.
Does Verizon really have enough conviction to price without discrimination by application type? McAdam said pricing for the bring-your-own-device crowd will be “competitive” and “usage-based.” Even assuming other carriers follow Verizon’s lead to create competition, does “usage” refer to bit volume or application type?
“Any app, any device” sounds like it eliminates the long list of acceptable use prohibitions associated with existing data plans — quite a change of heart for the company. Verizon only recently settled a lawsuit brought by New York Attorney General Cuomo for terminating the accounts of customers with so-called “unlimited” Internet plans for unwittingly violating the plans through activities such as downloading movies.
It may already be too late for Verizon to back away from the edge. Anything short of a fully open network, neutral to bit type, seems likely to turn the PR love fest into user backlash. In any case, no one expects Verizon to embrace the “faster, cheaper” mantra necessary to fully earn induction into the infocom future.
We can suspend our disbelief until the pricing details arrive in January, but the unintended consequences of the announcement likely represent the best hope for progress. Verizon’s vision of the future may not have changed much. It just gets easier to read the writing on the wall when your back is up against it.
Swedish grannies are connecting to the net at 40 gigabits per second life; 100 megabit per seconds are becoming common place in Japan and Korea; and even French are dreaming of an ultra-fast fiber future. And yet, in the US we are all stuck in the slow lane, settling for speeds between 768 kbps to 8 megabits per second. I have often wondered what it would be like to have a 100 megabits per second, and what I would do with that much bandwidth.
So last month when Verizon (VZ) folks got in touch and talked about their 100 megabits per second experiments (over FiOS fiber) I was intrigued. (Of course that doesn’t mean that your FiOS connection is going to be getting an upgrade anytime soon.)
They said I could do an e-interview with Richard S. Guziewicz, one of the two Verizon employees testing this testing this experimental set-up. I just couldn’t resist asking him about the 100 Mbps-life, and if that much speed had really changed his online life. (His connection is 100 Mbps down and 10 Mbps up.) I took out some relevant bits from the email interview (sanitized by Verizon PR) for this post.
Since for the most part the Internet and most services that use the Internet don’t run that fast, it would be tough to say it’s a life-changing experience right now. The up-front answer is it works well. I use my 100 Mbps FiOS connection for typical web access (e-mail, news, etc), some online video, as well as for work (VPN access).
The applications of today are clearly optimized for our 3-to-6 megabits per second connections. From Facebook to MySpace to YouTube – they all work well on what passes for broadband in the US and Europe. Guziewicz pointed out that despite higher speeds, the usage behavior hadn’t really changed.
Nothing that new yet. I’ve found that all the things I did on my PC with 15Mbps service, I can do with 100Mbps. If I visited web sites that were optimized to allow true 100 Mbps downloads, then I might be able to say it makes a difference.
Video, rather online video would have been one obvious application where the excess bandwidth should help right away, though from Guziewicz’s comments it doesn’t seem so. (Of course no one would talk-out loud about torrentastic life on the record
.)
I visit streaming sites such as YouTube, Metacafe, and CNN but they don’t require super high speeds. Some video download sites might benefit but generally they don’t support very high speeds either. For instance, I have a 100 Mbps pipe to my home, but if I try to download a file from a certain HD video site, I find I may get only 3 Mbps of download speed, which I believe is a limitation of the site and its servers.
Guziewicz’s comments dovetail with my post from last week about Internet Infrastructure. It wasn’t an “Internet is broken” dooms day post. Instead it was an attempt to point out that we need to prepare for a network that can support more immersive and interactive applications to bloom. My biggest lament was that there weren’t many next generation infrastructure companies getting off the ground.
Anyway, what would you do with 100 megabits/second connection if you had one!