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End User internet Legal net neutrality

Consumer Rights and Net Neutrality

Consumer Rights is a far less toxic term than Net Neutrality.

I’ve previously written for Trefor.Net on the subject of Net Neutrality and what it means to members of the VoIP community. And I think it’s high time for an update, but this time considering consumer rights.

After a promising start the European Union went off the rails, passing a first reading of a text that essentially outlawed 4G services. VoLTE requires prioritisation. Hard line elements on the subject of “net neutrality” managed to convince a strange coalition that it was a good idea to promote their ideological definition just before an election. It was spun as a vote winner, this despite that fact that 999 calls would no longer be treated differently. Consumer rights being protected, were they?

Unforeseen consequences at their worse, which is why I believe that net neutrality is now a toxic term and should be avoided. In fact, I’ve worked on briefing documents that are four pages long that completely avoid the term. I also try to avoid “Open Internet” for similar reasons, as both — as I’ve written before — mean different things to different people.

That’s where consumer rights come into play.

What we want is a level playing field. We want a distribution system for content that doesn’t discriminate against certain types of lawful content for vested reasons. Most of all, we don’t want people misled, and we want consumer rights upheld.

If you ask the average consumer on the street whether Skype and YouTube are part of the internet, anyone other than a recent immigrant from Outer Mongolia that would no doubt answer “no”. By extension, I defy you to find anyone, other than hardcore employees of EE and Vodafone, who would suggest that internet access does not include access to Skype, YouTube, or similar services.

Remember the outrage when people were buying 15 burgers for 99p and it transpired that those burgers were made from horses? It’s the same thing. It’s a basic principle of consumer law that you don’t mislead at the point of sale; be it overtly or through trickery in the small print. Consumer rights need to be protected.

This is why I was so heartened to see Philip Davies MP (Conservative member of Parliament for Shipley) build upon his great performance sticking it to Ed Richards (Ofcom CEO – 40 minutes into the video on the link) on the subject by tabling an amendment to the latest consumer rights bill. This amendment basically just said that you can’t call something “internet” unless it complies with the spirit of everything I’ve said before. For those who are interested, the amended stated;

A term which has the object or effect of permitting a trader to block, restrict or otherwise hinder the access of a consumer to any lawful Electronic Communications Network or Electronic Communications Service on the basis of an unreasonable or unusual definition of “internet access”, “data”, “web access” or similar word or phrase. Nothing in this prohibition shall affect filters for the purpose of child protection.

Electronic Communications Network or Electronic Communications Service shall have the same meaning as in the Communications Act 2003.

tn_own_consumer-rights_tweetPhilip Davies MP is a libertarian Conservative and as a result is one of my favourite MPs. This means he’s often at polar opposites to Her Majesty’s Opposition and an uncomfortable bed fellow with their coalition partners. That makes it even more incredible that the amendment was gladly supported by both the Shadow Minister, Helen Goodman MP and Julian Huppert MP (Liberal Democrat Member for. Cambridge and a good advocate for the technological community). A rare moment of cross party backbench support that, alas, was defeated without Government support, which is still backing the self regulation horse.

All the amendment sought to do was to ensure that the likes of Vodafone and historically EE would be unable to call a spade anything other than a spade and that consumer rights would be upheld. As such, defeat was a great disappointment.

In any event, word on the street is that there may soon be new signatories to the Broadband Stakeholder Group’s Open Internet Code of Conduct. The amendment may get re-tabled in the House of Lords. And The Council of Europe may well get its ducks back in a row.

The battle is one that is very much being fought on three fronts, however the momentum is now behind those of us who just want a level playing field to compete on. Who knows, it might even be over by Christmas.

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broadband Business business applications internet net neutrality peering voip

Net Neutrality and Telephony

Net neutrality and VoIP telephony – thorny issues the industry needs to negotiate

Trefor.net welcomes “VoIP Week” contributor Rob Pickering, CEO of ipcortex.

Most folks who work in the VoIP industry have at some point been subject to a casual horror story from a new acquaintance about evil VoIP and how they tried it once and that it nearly brought their business to its knees. My heart sinks whenever I realise that this is the direction in which the conversation is going, at which point I usually find myself wishing I’d said that I did something less controversial for a living…like writing computer networking software! I listen, though, nodding politely, already forming a conclusion — after all, it would be unlikely that the problems experienced were due to a fault in their equipment or termination provider, both of which are probably perfectly reliable. No, a lack of a suitable quality of service (QoS) between their premises and termination provider is almost always the culprit in such circumstances.

The UK service provider industry has developed lots of solutions to the QoS problem, and things are far better now than they were just five or ten years ago when the market was in its infancy. The quality and availability of last mile circuits, particularly in metropolitan areas, has massively improved with successive advancements such as LLU, FTTC, FTTP, and cost-effective, high bandwidth Ethernet IAD type circuits. There has also been a trend towards integrated providers delivering the whole service — access circuit, Internet and telephony — as a single package. Behind the scenes, this may or may not translate technically into a full end-to-end in-house QoS-managed solution, depending on the provider and sometimes the geography of the customer. It does, however, assign commercial responsibility for delivering a fit-for-purpose solution to a single party, and this can only produce a better quality outcome for the customer.

ipcortexlogo

Such an approach is certainly not universal. The US market has developed differently, for instance, and most VoIP termination providers don’t get deeply involved in provision of access circuits, instead opting to rely on decent low loss, low jitter transit or peering arrangements, and their customers’ own commodity access circuits. Often they will do a bit of automated “connection testing” as part of their signup process, however in general customers on unsuitable circuits tend to weed themselves out.  This does produce some benefits for customers, including more transparency with regard to costs, as well as a bit less lock-in as there is no commercial linkage between access and over-the-top (OTT) voice service. Today, in fact, several of those US suppliers are entering the UK market with this same business model.

Which brings us on to Net Neutrality. Whenever this subject comes up, we tend to think about its obvious effects on consumer entertainment services. The future development of the telephony industry is, however, intimately linked with this issue. Whilst the raw, per-consumer bandwidth requirements of a VoD service like Netflix is greater, the network characteristics required to deliver a reliable telephony conversation of at least ISDN quality are in some ways more onerous. Though buffering can always be used to counter horrible jitter on the underlying path for a video stream, and content caches are already used to reduce transit requirements, neither of these methods can be used to reduce the pain on a real-time voice conversation. If telephony providers can no longer get good, zero-packet loss, low jitter transit, or peering with many leading access providers, then an entire business model may very well be frozen out.

How do you think the industry will develop? Vertically integrated one-stop shops for network access and telephony, or universal OTT providers? I’d love to know your thoughts.

VoIP Week Posts:

Categories
internet mobile connectivity net neutrality ofcom Regs

Net Neutrality update

Regular readers will remember my piece for Trefor.Net last September, where I defined what the average VoIP telco wants from an open internet. I know this article had a readership of at least one, because I saw someone brandishing a print out in Ofcom. Yay me!

Anyway, things have moved on. We had Ed Richards, Ofcom’s CEO, saying they weren’t “waiting for Europe” when Philip Davies MP pressed him on the issue at the Department of Culture, Media and Sport Select Committee last year (for which Philip earned a nomination as ITSPA’s Members’ Pick at the 2014 Awards) – but Europe aren’t waiting for them earlier.

Last week, the European Parliament voted in favour of the so-called “telecoms package” which includes, amongst proposals regarding a Single Market I have previously slated here and the abolition of roaming fees (which I shall slate below), proposals on Net Neutrality. Before we get too excited, this was only the first reading. The College of Commissioners is about to be disolved, along with the European Parliament for elections and who knows what political landscape will be returned to Brussels in May. It’s not likely to receive much more Parliamentary time until the end of the year now at the earliest, which makes their December 2015 implementation date seem optimistic.

The European Union’s proposals mirror, largely, what ITSPA and the VoIP community would accept (in my view) as a legislative intervention. ISPs cans till offer specialised services to protect business critical applications, or prioritise video on demand, but would not be able to do so to “the detriment of the availability or quality of internet access services” offered to other companies or service suppliers, except for traffic management measures which are “transparent, non-discriminatory and proportionate” and “not maintained longer than needed” to protect the integrity of a network.

This is a good step, but I for one, along with ITSPA colleagues and others aren’t waiting for Europe like Ofcom – watch this space for a progress report soon!

Abolition of Roaming Charges

The European logic is rather federalist; it says you should be able to use your phone for the same rates anywhere in Europe for the same price as at home. Aside from the age old rule (which also applies in next generation telecoms – distance is still a factor in signal regeneration, rateable value of fibre etc) that the further a call is conveyed the more it costs, it is wholly illogical to be able to call next door with your mobile for the same rate as calling it from Lithuania, you cannot ignore the basket effect. 26% of socioeconomic group D and E households are mobile only. The reduction of roaming profits to mobile operators leads, in part or in whole, to a waterbedding…. (I almost wrote waterboarding, as that’s what it feels like to deal with a mobile operator’s customer services sometimes)… other products and services will increase in price to compensate for the foregone margin.

So, in short, one consequence of the EU’s proposal is that those that cannot afford to go on holiday in Europe, or those businesses that don’t trade in person in Europe, shall subsidise those that do. That just doesn’t seem right to me.

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Business mobile connectivity ofcom Regs

Orange avoids banana skin – Ts & Cs changed to allow VoIP

EE subsidiary Orange appears to have avoided a slippery situation by amending its terms and condition for mobile internet use

The pic below is a screenshot of a YouTube video ad published by EE on July 31st 2013 to push Orange PAYG mobile. It majors on the fact that you get “a shed load of data” (1GB) when you top up your Orange mobile PAYG sim with £10. It’s an attractive ad.

shed load of data

However this advert was misleading as it explicitly showed the logos of Skype, Whats App, YouTube and  SkySports. Whilst the guy in the ad doesn’t specifically mention these services the impression you get is that you could use your shed load of data to access them.

orangetscs1What the average punter doesn’t know is that the EE t’s & c’s for Orange at the time specifically prohibited the use of these services. Page 45 in issue 12 (September 2013) of EE’s booklet  (EE81006958_0913) ee_page45contains lots of very small print of “legal stuff” – in other words its customer terms and conditions.

Page 45: Internet on your phone/data tethering for consumers

ORANGE DATA (including mobile broadband): Mobile internet browsing or tethering (whether as part of an inclusive allowance or not) is not to be used for other activities (such as non-Orange internet based streaming services, voice or video over the internet, instant messaging, peer to peer file sharing).

ee_publication

orangets&cs

 

 

 

 

 

 

 

In their November brochure the TCs and Cs appear to have been changed and VoIP is now allowed. No mention is made of the other services previously proscribed but presumably this means they are also allowed.

Over the past 12 – 18 months The UK VoIP industry trade body ITSPA has been complaining to regulator Ofcom and others that some mobile networks have been exhibiting anti competitive practices by specifically banning the use of Over The Top VoIP services on their data services with Orange being a specific culprit.

The EE response has been that older networks can’t cope with the levels of data traffic generated by these services and that the restrictions were imposed to protect other users’ traffic.

EE now seems to have relented. I doubt that this was down to any ITSPA pressure though this may well have helped. More likely in my mind is the fact that a lot of Orange’s network traffic will have moved to the newer 4G service which will have freed up some bandwidth on the older 3G network making VoIP more palatable.

The final inset picture is of the latest EE T’s & Cs showing the change in terms. Click on the image for a pdf of the full page. It’s nice to be able to put this episode behind us. Well done folks.EE November brochure

Categories
Business mobile connectivity net neutrality ofcom voip

@EdVaizey reschedules #NetNeutrality Roundtable and ITSPA publishes detailed evidence on Mobile Network Operator bad practice

A Ministerial Roundtable on Net Neutrality had been scheduled for 24th January (ie yesterday) with  Internet Minister Ed Vaizey and the major fixed and mobile operators due to attend. EV is expecting industry to produce a voluntary code of practice in respect of Net Neutrality. In the run up to the meeting and following individual discussions with some of the intended participants the Minister has apparently been unhappy with progress. The Round Table has been postponed until 28th March to allow time for further industry discussion.

Net Neutrality is a very emotional subject. By and large in my view it is something that has been creating more noise than the issue has perhaps merited but I can understand people’s concerns. The issue of transparency is in particular an important one

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Business net neutrality Regs

EU official position on Net Neutrality

You will of course all have been following the progress of the EU Telecommunications Council on the subject of Net Neutrality. In case you missed  it the EUTC published its conclusions yesterday.

In the interest of ensuring you have enough spare time this afternoon to go about your day job (it’s a full time occupation for a team of people to follow this stuff) I have summarised a few of the key messages here.

  • The Council notes that some stakeholders are worried about transparency, discriminatory forms of traffic management and network congestion. It likes the idea of net neutrality but it also highlights the need to safeguard ISPs’ business models and to allow innovative business models to serve the needs of the market.
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Business net neutrality ofcom Regs

BT Wholesale Content Connect – Net Neutrality or Competition Law issue? #DEAPPG #NetNeutrality

Yesterday’s BT announcement regarding Wholesale Content Connect, the Content Delivery product caused some consternation amongst the NetNeutrality fraternity. The fuss is that this product potentially allows ISPs to sell guaranteed delivery of content (mainly video) to online Content Providers (CP) eg YouTube et al.

I would be surprised if this product takes off.

Firstly it would have to be cheaper than what an ISP is currently paying BT for bandwidth otherwise it would be cheaper for the ISP to just buy more bandwidth to accommodate the video. I am waiting for info on the pricing but my gut feel tells me it will be more expensive – BT’s selling point is quality here.

Secondly I haven’t seen a problem where video quality sucks other than on low bandwidth connections and this product would not fix that (silk purse/sow’s ear). Admittedly my own experience is of business broadband rather than consumer but I suspect the point remains. This position could well change of course as more and more people watch video online.

BT Wholesale Content Connect (WCC) is a product that inserts the “paid for” content into the network near to the end user, avoiding the ISPs own backhaul connection. There are three levels – basic, standard and premium. Only basic has been launched.

Basic does use the ISPs own backhaul as opposed to inserting the content after this point. Standard and premium will be available to the few ISPs that use PTA to connect to the network (as opposed to L2TP – sorry for the acronyms) and operate their own backhaul as opposed to BTW’s shared WBMC service.

This might make sense commercially as I can’t see a CP striking agreements with hundreds of ISPs for what might be a very low number of video streams. An aggregator might – is BT going up against the likes of Akamai and Limelight – global players? In which case I still need to understand the benefit to the ISP? I guess where I am coming to is that I can’t see CPs today doing a deal with anyone here. This might change if people are willing to pay more for premium content – eg HD or 3D HD.

The other point is that there are already Content Delivery Networks out there so this is just another one. Existing CDNs inject content into an ISP’s core network as a cheaper way for both the ISP and content providers of delivering the content than via internet transit. BT and their ISP partners will have to sell BTWCC as a better overall deal but I can’t see content providers paying for bandwidth that is currently paid for by the ISP. Moreover CDNs operate internationally and not just in a single country! Why would a Content Provider want to deal with a CDN that only operated in the UK?

Now correct me if I’m wrong but I think that there is only one ISP in the UK that uses PTA – BT Retail (BTR) or two if you want to include BT Plus Net. There are technical reasons why ISPs don’t use PTA, not the least of which is that it doesn’t currently support IPv6 or L2TP forwarding.

In the absence of there being an obvious business model for the ISP what other motives might there be for the launch of the WCC product? It could be that BT is lining up BT Retail to offer a product that is unavailable to the rest of the market even though to Ofcom’s eyes it is being made available as a product through BTW. This might offer BTR a competitive advantage over other major consumer ISPs in being able to provide a guaranteed video product.

From a cost perspective it wouldn’t matter how much BTW charged BTR for this because it would all be recovered at the group level. I’m not saying that this is the motive but it could be one.

Coming back to the opening paragraph there is a scenario that this isn’t a NetNeutrality issue at all but a UK competition law issue. Time will tell – a real business model might appear.

I would say that from a Net Neutrality perspective this is all a fuss over nothing and the advice to politicians is still to sit on the fence. Ofcom might want to consider taking a microscope to the product though, just to be on the safe side. It certainly could add to the argument in favour of breaking up BT into its components. As far as ISPs go those of us who aren’t consumer players aren’t yet involved in the debate. As far as BT goes its cards are currently right up against its chest so who knows whether WCC, as advertised, is a good business or not.

Link to BT video http://www.contentconnect.bt.com/

Sorry about all the acronyms. If they mean nothing to you I would just brush over them and go for the general gist.

Categories
Business Cloud net neutrality ofcom Regs

Net Neutrality: An ISP View

Net Neutrality and whether the government should regulate ISPs to guarantee an open and fair internet for all has become a trending topic. As an ISP my natural inclination is to say that there should be no regulation. A government’s job is to regulate only where necessary. ISPs are easy targets because the whole world is moving its operations online and ISPs are the conduit to that world. We are constantly warding off regulation.

Ofcom has said that there is not enough evidence for them to come up with any proposals for regulation in this space.

At the same time ISPs, in particular mobile ISPs have said that in order to be able to invest in the growth of their network infrastructure they need to be able to charge premium rates for premium services. The nature of these services has yet to be determined, at least publicly. Mobile network operators are expecting a hundred fold increase in bandwidth demand over the next three years and in their minds they need somehow to be able to pay for this capacity. O2 has been very vocal about this.

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Business net neutrality ofcom Regs surveillance & privacy

Net Neutrality debate in Westminster – surprise vote turnaround

portcullisIn Westminster yesterday BBC technology correspondent Rory Cellan-Jones chaired a Net Neutrality debate on a motion entitled:

“That this House agrees that traffic management is essential for the running of modern networks and that improved and enforceable transparency and market competition will ensure that consumers are protected from potentially negative effects.”

In an initial vote 50% of those present were in favour of the motion with perhaps 10 – 15% against but there was a twist.

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Business net neutrality ofcom Regs

Net Neutrality

A week is a long time in politics but politicians seem happy to take most of the summer off. I have just had a 2 week break where I avoided anything to do with work and even kept away from blogging. The latter involved a huge effort because there is so much going on internet-wise.

This emotional pull was made more stressful by the fact that news is disseminated and commented on so quickly these days that to write about something that is more than a day old is to be seen to be writing about a historical event and not a current hot topic.

Fortunately last week’s Google news has spilled over into this week and I am back in action. This news concerns Google and its supposed pact with Verizon regarding Net Neutrality – both companies support the idea of an open net for fixed line services but with loopholes for mobile traffic and for some specialized content.

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Business internet net neutrality Regs

Net neutrality governance debate

Interesting online debate next week concerning whether Net Neutrality can be “governed”. Although it is a North American debate I imagine it will cover lots of areas that we in the UK should be interested in. If I can fit in the time I will attend. Details here and below:

“FCC Chairman Julius Genachowski has expanded from four to six the principles of freedom associated with Net Neutrality. Now however these principles are now going to be codified into regulatory rules. So the question has to be asked can the concept of “open” be governed. Join us as we look at how these principles will be incorporated into policy. What companies, services and devices will be subject to these rules. And discuss if the jurisdiction of the FCC has to be modified to enable these principles.

Participants include: Todd Daubert of Kelley Drye, Hank Hultquist of AT&T and Rick Whitt of Google.
Join us on Tuesday October 6th, 2009 at 12:30 EST to 1:30 EST as we see if Open can be Governed”

Categories
Business internet net neutrality voip

Net neutrality, Skype and Commissioner Reding

Continuing with the theme of reports I’ve been reading the EuroISPA report that comes across my desk every month. Like it or not when the EC magisterially waves its authoritative hand we do feel the ripples in the UK.

This month in response to a parliamentary question on T-Mobile blocking Skype over broadband networks in Germany, Commissioner Reding, interestingly, referred to the provision of the Universal Directive, namely art. 2(3), whereby National Regulatory Authorities are empowered to intervene by setting minimum quality of service requirements for network transmission services, “as an additional safeguard in instances where competitive forces alone, are not enough to safeguard the openness of the Internet”.

If you’re like me your mind goes blank when you read all this regulatory jargon.  However with this one we need to note that in the pursuit of net neutrality, which as a consumer I’m all for, setting minimum quality of service levels requirements on ISPs is going to cost money. Skype should not be blocked by anyone but neither should ISPs be obliged to prioritise Skype traffic without someone footing the bill.

By the way you can use Skype to your heart’s content on the Timico network though most of our business VoIP customers chose to use our own VoIP service.