[HN Gopher] Court upholds New York law that says ISPs must offer...
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       Court upholds New York law that says ISPs must offer $15 broadband
        
       Author : nateb2022
       Score  : 69 points
       Date   : 2024-04-26 21:18 UTC (1 hours ago)
        
 (HTM) web link (arstechnica.com)
 (TXT) w3m dump (arstechnica.com)
        
       | infecto wrote:
       | Serious question here. Is this law more or less stating that the
       | business gets no revenue back from local or state government? I
       | have no issue with the argument that internet service is a basic
       | right but if that is the case, I would expect the government to
       | either offer the service or pay a market/agreed price to cover
       | the cost for low income users.
        
         | ceejayoz wrote:
         | $15 probably _does_ cover the costs of these plans. 25 megabit?
        
           | infecto wrote:
           | I don't know what the costs are but my point is more that its
           | setting price for a for-profit entity. It gets sticky because
           | I don't know NY state law and perhaps these groups have
           | lobbied for getting regions where you are unable to compete
           | as n independent and with that defacto monopoly they should
           | play by any additional rules.
           | 
           | I would just assume that if you want to provide broadband
           | service to low-income that the government would be making up
           | for some of the lost revenue.
        
             | outofpaper wrote:
             | The government is letting you provide service using tax-
             | payer fiber. That makes for a fair bit of profit. Take away
             | the fiber n try operating an ISP. Oh I know there's
             | StarLink but that's not going to giver everyone in a city
             | broadband.
        
           | toast0 wrote:
           | 25 mbps isn't much, but... $15/month probably doesn't cover
           | any line to your house.
           | 
           | A low cost landline was $10/month 10+ years ago, and usage
           | was extra. I think that's an ok baseline for a connection
           | that needs maintenance and service.
        
             | munk-a wrote:
             | I think there's also the factor that the US government has
             | already paid ISPs for last mile installations several times
             | now - the line to everyone's house has been paid for... if
             | an ISP diverted that money into stock buy backs I'm sure
             | they can explain that to the court and instead be found to
             | have fraudulently expended that subsidy.
        
               | toast0 wrote:
               | Some of that is one time cost, but you've got ongoing
               | costs like pole maintenance and replacement, repairing
               | breaks, trouble tickets, call centers, etc.
               | 
               | I just don't think you can do that for $15/month, even if
               | the capex of build out has already been paid for. Maaaybe
               | if you had near 100% uptake, like landlines used to have.
               | But no ISP is getting that. Most (certainly not all)
               | people can choose between wired internet from a telco and
               | a cable company, and 4g/5g is available in a lot of
               | places, starlink in less dense places, and a lot of
               | people don't need a separate home internet plan because
               | the only networked device is their phone.
        
             | ikiris wrote:
             | it managages it just fine in other developed nations.
        
         | singlow wrote:
         | I think the logic here is that the government has already
         | subsidized them by granting privileges to use public
         | infrastrucure that was built with tax dollars. There can only
         | be so many wires running on the poles or under the streets so
         | in return for that privilege, you have to provide this in
         | return.
        
           | infecto wrote:
           | Yeah I was thinking that might be the case as well and I can
           | see that argument making sense too. This especially makes
           | sense if they get assigned regions with zero competition.
           | 
           | On the other hand these types of rules seem like they would
           | be hard to perfect I would almost rather have municipal run
           | internet.
        
             | throwaway48476 wrote:
             | It would be nice if there was as much interest in making
             | laying new fiber cheaper as there seems to be in shuffling
             | pieces around via regulation.
        
           | tshaddox wrote:
           | The term of art is "natural monopoly," and ISPs (at least
           | landlines) are a textbook example.
        
           | legitster wrote:
           | Governments already charge ISPs to use said infrastructure:
           | 
           | https://www.fcc.gov/sites/default/files/ad-hoc-commitee-
           | surv...
           | 
           | So for those poles running down the street in front of your
           | house, ISPs are already paying ~$20 per pole per year. Places
           | like NYC probably also take a cut of the revenue on top. In
           | some regions, this is the primary gatekeeper against
           | competition!
           | 
           | It's really hard to argue that this is a subsidy - if
           | anything it's the municipalities using the power of their
           | natural monopoly.
        
             | BugsJustFindMe wrote:
             | > _$20 per pole per year_
             | 
             | So low? That's approximately 0% of what the ISP makes from
             | the homes served by that pole. I figured it would be more.
        
               | legitster wrote:
               | I think you are exaggerating a bit. I have a pole in
               | front of my house that just serves me and my neighbor. I
               | pay $480 a year for Comcast, my neighbor gets
               | CenturyLink.
               | 
               | So the cost for the pole rental works out to about 5% of
               | Comcast's service cost to me.
               | 
               | Keep in mind some poles cost more than others (up to $250
               | according to the report), and that there are also hookup
               | costs for the pole are ~$1000.
               | 
               | I'm not saying ISPs are suffering here, but cities are
               | not providing this infrastructure at a loss.
        
               | BugsJustFindMe wrote:
               | > _I have a pole in front of my house that just serves me
               | and my neighbor_
               | 
               | Hah. We live in veeeeery different housing densities I
               | guess. I was thinking this was NYC, which would be closer
               | to mine. If it's the whole state then probably somewhere
               | in between.
        
           | cogman10 wrote:
           | This is where I think we are all wrong.
           | 
           | In the UK, the lines are owned by the government and
           | ISPs/telcos rent access to provide service.
           | 
           | This allows for pretty strong competition from the ISPs and
           | stops there from being a billion dead lines buried
           | underground.
           | 
           | To me, government owned lines and connections makes the most
           | sense for society.
           | 
           | I think that's also a big part of why the US train system
           | sucks. Private entities generally don't want to own that
           | infrastructure, they want the trains that can haul the goods.
           | So make them rent the line and have the government manage
           | access just like they do with airplanes and roads.
        
             | WillAdams wrote:
             | Tell that to the judge who oversaw AT&T's breakup.
        
             | legitster wrote:
             | I make this point all of the time.
             | 
             | In the US, the rails are private and the government owns
             | the passenger service. In Europe, the government owns the
             | rails and the passenger service is private.
             | 
             | People try to frame these issues as "socialist/capitalist"
             | or some nonsense all of the time. But the reality is that
             | neither system is more or less capitalist than the other.
             | It's just one is better structured than the other.
             | 
             |  _However_ , having lived in a town in the US that has had
             | a public ISP for decades, _it was abhorrent_.
             | Municipalities only care about cost cutting - so there was
             | no investment in wiring infrastructure or customer service.
             | So I think there is an argument to be made that we may take
             | for granted a bit the difference between rails /roads and
             | fiber optics.
        
               | actionfromafar wrote:
               | The general image I get from the US is that public
               | infrastructure and customer service _in_ _general_ is
               | lacking in investment.
        
               | legitster wrote:
               | Maybe, infrastructure. But having spent time in both the
               | US and in Europe, I cannot begin to even describe how
               | much better _average_ customer service in America is
               | compared to Europe.
               | 
               | But I think that is also what holds up the adoption of
               | public services - the difference between typical customer
               | service in the US and say, the Post Office or DMV, turns
               | a lot of people off from the idea of public ISPs or etc.
               | 
               | (Although, based on some time spent in Munich makes me
               | think the quality/availability of broadband in Europe is
               | also not all that).
        
               | cogman10 wrote:
               | > Municipalities only care about cost cutting - so there
               | was no investment in wiring infrastructure or customer
               | service.
               | 
               | Well, there's two aspects at play here.
               | 
               | For starters, you do need to be a certain size as an ISP
               | to really offer cheap services. Imagine, for example,
               | being a town of 500 with a municipal ISP. You'd end up
               | with a lot of equipment to store and maintain and to
               | really be effective, you'd have to employ a bunch of
               | people that spend most of their time doing nothing.
               | (After all, how often would the customer service rep for
               | a small town ACTUALLY be answering any calls?).
               | 
               | That's why a state, county, or national? run ISP would
               | probably make more sense, especially in more rural
               | locations.
               | 
               | That being said, in the UK with BT and the line rentals I
               | described earlier those worked unreasonably well. ISPs
               | could complain to BT to fix problems which ultimately
               | left the various ISPs in a region to compete on tech and
               | price. That was a win for the customer.
        
             | philwelch wrote:
             | The US train system is great; we move a much higher
             | proportion of freight by rail as opposed to truck than
             | Europe does for that very reason.
        
               | barney54 wrote:
               | The freight system is great, the passenger train system
               | in the U.S., not so much.
        
             | idle_zealot wrote:
             | If the government owns the lines, what are private
             | telcos... actually doing? Operating the webpage that lets
             | you put in a credit card to pay for service?
        
           | ranger_danger wrote:
           | > There can only be so many wires running on the poles or
           | under the streets
           | 
           | True, but I think using DWDM this is mostly a non-issue.
        
           | tzs wrote:
           | That logic works, perhaps, for wired ISPs but not for
           | wireless ISPs. Does the New York law cover wireless ISPs or
           | only wired ISPs?
           | 
           | Yes, wireless spectrum is a limited public resource that
           | requires government permission to use, but the government in
           | that case is federal government.
        
       | hanniabu wrote:
       | > For consumers who qualify for means-tested government benefits,
       | the state law requires ISPs to offer "broadband at no more than
       | $15 per month for service of 25Mbps, or $20 per month for high-
       | speed service of 200Mbps," the ruling noted. The law allows for
       | price increases every few years and makes exemptions available to
       | ISPs with fewer than 20,000 customers.
       | 
       | Okay, so they're either going to make the application process an
       | extremely painful experience so nobody will want to go through
       | it, or make a ton of shell companies where each one is dealing
       | with less than 20k customers.
        
         | vidarh wrote:
         | I don't know New York law, but pretty much every jurisdictions
         | has mechanisms for determining that a company is a subsidiary
         | that is not an independent entity. Whether or not the law
         | currently takes that into account, if anyone plays stupid games
         | with that expect the law to be changed accordingly. This is
         | hardly difficult to untangle.
        
           | hanniabu wrote:
           | > expect the law to be changed
           | 
           | There's tons of loopholes everywhere allowing companies to
           | get away with ridiculous stuff, getting it fixed is the last
           | thing I'd expect
        
         | swatcoder wrote:
         | You think it's more cost effective for a company to
         | artificially restructure itself into a obscured collage of
         | vanishingly small cells than for them to offer a fixed-price
         | minimal-service tier to a specific set of low-opportunity
         | customers who probably have high collections issues under
         | normal circumstances?
        
           | BugsJustFindMe wrote:
           | 200Mbps isn't minimal service. It's more than most people
           | need for anything they do online. Netflix suggests 25Mbps for
           | 4K streaming.
        
       | loceng wrote:
       | Not accounting for government-produced inflation is interesting.
       | 
       | I wonder if city could sue Federal government for printing money
       | and causing such consequences?
       | 
       | Reminder that deflation should be occurring with the benefits of
       | automation technology, where the buying power of the dollar
       | should be increasing.
        
         | bobthepanda wrote:
         | This has happened before.
         | 
         | Most cities capped transit fares at one nickel when streetcars
         | got started and the US was on the gold standard. These laws
         | remained in effect even through massive inflation through two
         | world wars, and usually didn't get repealed until the companies
         | failed, the government took ownership of these services and
         | then realized how much they cost.
        
           | rizzom5000 wrote:
           | Have price controls ever ended with a positive outcome for
           | consumers, or anyone for that matter?
        
             | gms wrote:
             | No. Unfortunately wielding them is always an act of either
             | ignorance or malice.
        
       | legitster wrote:
       | This seems... excessive. I'm all for cheaper internet, but why
       | even bother with $15 at this point? Why not just make it free?
       | 
       | Both companies and consumers are going to be completely at the
       | whim of regulators. If they start jiggering around with the means
       | testing and or the completely arbitrary price point, I'm not
       | confident the quality won't deteriorate or ISPs pull out of the
       | state altogether.
        
         | MathMonkeyMan wrote:
         | At this point, internet is like electricity. Except that I have
         | more choices for power providers than I do for internet. In my
         | building in New York City, I have one option (cable via
         | Spectrum), and the cheapest plan they offer is $80 per month.
         | 
         | It recently got a lot faster, which is nice, but I'd happily
         | pay $30/month instead for a small fraction of the bandwidth.
         | But I can't.
         | 
         | I wouldn't qualify for the hypothetical state enforced $15
         | option anyway.
        
           | legitster wrote:
           | > Except that I have more choices for power providers than I
           | do for internet
           | 
           | I've lived in over 15 different places in the US, and I have
           | never, ever had more than 1 option for power provider.
        
         | internetter wrote:
         | $15 is a fair price for 25mbit
        
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