Open Access Needed

It’s pretty well-known at this point* that despite the fact that the Internet was largely invented in the United States and that most of the iconic Internet brands are US companies, that America is only a mediocre performer in terms of quality of broadband access and depth of broadband penetration. These points are, however, often made in a pretty superficial way. This recent major study from the Berkman Center (see more discussion) breaks the information down in a more sophisticated way. That shows that some things aren’t quite as they initially seem—Canada and Norway both look worse, for example—but that the US remains a middling performer.

Their main policy conclusion is that “open access” policies of the sort the United States had in the mid-1990s but then abandoned are common across all the high performing nations:

Our most surprising and significant finding is that “open access” policies—unbundling, bitstream access, collocation requirements, wholesaling, and/or functional separation—are almost universally understood as having played a core role in the first generation transition to broadband in most of the high performing countries; that they now play a core role in planning for the next generation transition; and that the positive impact of such policies is strongly supported by the evidence of the first generation broadband transition.

The importance of these policies in other countries is particularly surprising in the context of U.S. policy debates throughout most of this decade. While Congress adopted various open access provisions in the almost unanimously-approved Telecommunications Act of 1996, the FCC decided to abandon this mode of regulation for broadband in a series of decisions in 2001 and 2002. Open access has been largely treated as a closed issue in U.S. policy debates ever since. Yet the evidence suggests that transposing the experience of open access policy from the first generation transition to the next generation is playing a central role in current planning exercises throughout the highest performing countries. In Japan and South Korea, the two countries that are half a generation ahead of the next best performers, this has taken the form of opening up not only the fiber infrastructure (Japan) but also requiring mobile broadband access providers to open up their networks to competitors.

In leading countries like Sweden and the Netherlands, following the earlier example of the United Kingdom, regulators are addressing the complexities of applying open access policy to next-generation infrastructure by pushing their telecommunications incumbents to restructure their operations and functionally separate their units that sell access to network infrastructure from their units that sell connectivity directly to consumers. Moreover, countries that long resisted the implementation of open access policies, Switzerland and New Zealand, changed course and shifted to open access policies in 2006.

We should do this! The main common denominator, I think, is that the high-performing countries are generally places where electronics manufacturers have more political clout than telecom firms and thus are able to force implementation of these open access policies. The United States, meanwhile, is really shooting ourselves in the foot. The software/media nexus of industries is very important to our economy—these are the things we do well—and we’re letting ourselves be stifled by basically useless telecom firms.

* A certain strain of conservative persists in a perverse effort to try to deny this reality, pointing out irrelevant things like that Sweden is smaller than the U.S. or more urbanized. This is true, but the U.S. contains urban areas that are the exact same size as Stockholm and Göteberg and they have slower internet than those Swedish cities. Meanwhile one of our fastest states—about the same on average as Sweden—is the very rural New Hampshire. Our internet is slower because it’s slower, and it’s clearly slower.