The Good and Bad News About "Net Neutrality"
If you think your business will be affected by new regulations, you are right. History shows us repeatedly that regulation determines the winners and losers in any industry, and our industry is certainly no exception.
Currently, the FCC, US Congress, OECD, and other governing agencies are considering regulations that can dramatically affect your VoIP, Data or Internet business. The good news is that none of these agencies have agreed on substantial regulations to the Internet or VoIP traffic. The bad news is: they will. Today is the day to decide if your views are being heard by these (and other) agencies, or whether your competition is the only opinion they hear as they draft new regulations.
What is “Net Neutrality”?
The academic principle of Net Neutrality is the "idea that owners of phone and cable networks can't dictate how a consumer uses the Internet or discriminate against any Internet content." (D. Searcey, WSJ)
According to this principle, the Internet should be open and the carriers of Internet content should deliver all content without prejudice, or additional fees.
What's the Problem?
Imagine if your ISP asked you to pay additional fees for access to 'premium' web sites like Amazon or EddieBauer.com? Or what if your monthly ISP invoice charged you based on how much bandwidth you used in a given month, just like the electric company charges for use of each kilowatt hour? Of course, if you use a VoIP phone or VPN architecture, your bandwidth use is significantly higher than a typical user. Today, you pay a flat fee for your broadband. Tomorrow, you may pay much more.
One point of view is that any attempt by the FCC or Congress to enforce Net Neutrality may backfire by imposing legislation to govern the otherwise open platform of the Internet. Others (like Google and Vonage) are strongly opposed to any payment structure based on content, or the size of the content. And for good reason. If their end-users have no option except a pay-for-content pricing scheme, the cost of services provided by Vonage and Google will trigger an additional cost to the end-user by their ISP.
"It's simple. The Internet has won. Why negotiate terms of surrender? We mustn't settle for negotiating "Net Neutrality". We must demand the basic right to connect and not just an enumerated list of what we are allowed to do. It's no different from having to negotiate free speech by listing what is allowed.
-Bob Frankston
Internet Pioneer and Pundit
And the Other Side Says...?
Carriers have a right to make money, and are interested in having the option to change their pricing models to maximize profit in the future. The supporters of regulating the Net have crafted a plan that could convert the Internet into a paid-content delivery system, similar to the cable-TV model. Many carriers worldwide are looking for options to make additional revenue to compensate for the declining voice margins (see "Remorseless Rate Reductions".) Although Cisco and Lucent have been attempting to sell solutions that could give ISPs and other carriers the option of billing based on content or bandwidth usage, no carriers have adopted it to date.
Who Can Regulate the Internet?
The carriers of Internet and VoIP traffic are subject to regulations that can have a material impact on the price paid by the end user for content or volume.
In February, 2006, the US Congress started hearing arguments for and against this issue. No decision has been reached yet, but the camps have formed on both sides, and the lobbying has begun.
On March 20, 2006 the OECD Working Party on Telecommunications and Information Services Policies (TISP) issued a second report on VOIP. This report reviews the economic impact of VOIP applications and provides general and specific policy recommendations for regulatory treatment. The report can be downloaded here.
The report specifically recommends giving customers unrestricted access to and use of applications and services of their choice, including VOIP. However in recognition of the potential for growth in applications and possible bandwidth shortages, it bases its recommendation partly on the assumption that sufficient bandwidth will become available as demand increases. Carrier selection and pre-selection regulations are deemed inappropriate for VOIP applications.
Many of the recommendations in the OECD report have been softened somewhat, perhaps in recognition of the need to accommodate case and country specific circumstances before deciding on actual regulations. Because of differing nature of individual countries competition laws, it is difficult to make universally applicable recommendations. Nonetheless the report does reflect a consensus that the overall goal of the proposed recommendations is to ensure effective competition in the VOIP services market.
In reviewing the economic impact of VOIP, the OECD employs a broad definition of VOIP, including the conveyance of voice, fax, and related services over packet-switched IP-based networks. Recognizing the difficulties in quantifying growth statistics, the report estimates that the number of VOIP users has grown from 5 million users in mid-2004 to approximately 17.5 million at the end of 2005 and noted the likely continued erosion in circuit-based voice traffic, prices and revenues of traditional telecommunications operators. Across all 30 OECD countries, the report notes that access channels for traditional circuit switched services have declined by a CAGR of 1.6% from 2002 – 2004, while broadband and mobile cellular penetration has increased substantially.
In discussing its policy recommendations, the OECD takes a narrow definition of VOIP as a service enabling a VOIP subscriber to call and be called by a traditional PSTN party. In making its recommendations, the report recognizes the differing approaches used by national regulators in defining VOIP and does not classify VOIP as a substitute for PSTN voice service nor as a different service. Rather, the report believes the market definition issue may be best dealt with on a case-by-case, empirical basis.
The report also struggles with how to apply the concept of “technologically neutral” regulation. While supporting a technology neutral approach, the report does not conclude that the same regulations that apply to PSTN services must apply to VOIP services. Rather, the report notes that technology neutrality may mean that the same competition criteria, not the same regulations, apply to both services. The idea of technology neutrality should not be used to suppress technological innovation by imposing onerous regulations on new services.
Clearly, the complexity of the issue has prevented any wide-scale consensus to date. Perhaps the widespread conversation will die down and go away. If it does not, however, the resulting regulations have the potential to fundamentally change the pricing policies allowed by governing agencies which will for the first time, force end users to consider the content and volume of their Internet.
-D. Schropfer and C. Meyers