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Apparently taking a page out of this month's advertising debate between AT&T and Verizon, Canadian carrier Telus has sued Rogers Communications for ads claiming that the Rogers wireless network is "the fastest and most reliable in the country." Telus and Bell Canada have of course just launched their new, $1 billion HSPA network, which offers speeds up to 21 Mbps to Canadian customers. As such, Telus demanded earlier this month that Rogers stop making advertising claims that they held the 3G speed edge -- a request Rogers ignored, since they too offer 21 Mbps HSPA+ service. "Telus has not submitted any data on their network performance and we look forward to vigorously defending our position in court," says Rogers.

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According to the Wall Street Journal, the FCC is seriously considering re-establishing some kind of open access rules, which would give new entrants access to incumbent infrastructure at reduced price. Open access was the central idea behind the 1996 telecom act, which required incumbent operators to share network access with smaller competitors in order to bolster competition as those upstarts grew into legitimate carriers.
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The FCC has long been an agency that has played fast and loose when it comes to using science and data to fuel its policy decisions. The agency for most of broadband's life cycle has been using outdated data, or inadequate data provided by industry lobbyists designed to make things look pretty and keep government out of their hair. With a new FCC and new boss Julius Genachowski, the agency has promised to be data driven. Yet Bruce Kushnick over at Harvard's Neiman Watchdog claims that in policy discussions, the agency's still using inadequate or old data -- sometimes more than a decade old -- to shape broadband and wireless policy.

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As promised, the FCC today voted to impose a shot clock aimed at speeding up municipal approval for the placing of wireless towers. According to an FCC news release (pdf), the new agency rules impose a 90 day limit to states and municipalities to approve or deny collocation (tower sharing) requests, and 150 day limit to act on new tower placement requests. It's something the wireless industry has been lobbying for for a while. According to wireless industry lobbyists, (pdf) there's currently 760 new tower placement applications nationally that have been waiting for approval for at least a year, and 180 applications that have been waiting at least three years (though the industry has been known to play up government dysfunction for effect). Municipalities are expected to challenge the ruling in the courts over fears that they'd be ceding too much state zoning control to Uncle Sam.

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For many years now companies (including some of the biggest broadband ISPs) have been issuing gift cards instead of cash as rebates. Why? Companies can impose a number of restrictions on the cards that statistically reduce the amount of actual cash companies have to pay out.
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The Pirate Bay crew had already essentially been disbanded, the site dissected, and its remnants sold to a somewhat dubious company that simply wants to turn the site's visitors into little P2P cash cows. So an announcement today over at the official Pirate Bay blog that they're officially shutting down the site's tracker probably surprises nobody.
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Like the AOL of old, Vonage has cultivated quite a reputation as a company that often makes it incredibly difficult to actually cancel your service. The check for this behavior has finally come due, and it's likely considerably less than they made from the practice. According to an announcement posted to the website of Idaho Attorney General Lawrence Wasden, Vonage has agreed to pay $3 million in penalties to 32 states in order to settle an investigation into some of its business practices. The settlement also cites Vonage for failing to note their VoIP service needed broadband and then socking customers with cancellation fees, and for offers of "free" services that wound up charging a litany of activation and other fees.

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Last week AT&T tried their best to get Verizon's new ad campaign shuttered. The series of ads poke fun at AT&T's lackluster 3G coverage and network performance, something AT&T didn't find amusing. Verizon has now filed their 53 page legal retort (pdf) to AT&T's complaint, which as you'd expect argues that illustrating AT&T's network limitations is a perfectly fair form of advertising. On page seven sits this gem: "AT&T did not file this lawsuit because Verizon’s 'There’s A Map For That' advertisements are untrue; AT&T sued because Verizon’s ads are true and the truth hurts." As for AT&T's claim that the maps used to highlight AT&T's 3G coverage are unfair? "AT&T does not like the truthful picture painted by that comparison," says Verizon.

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Last week we noted how Verizon had started working with the RIAA to send letters to Verizon users who traded copyrighted files, though the company still doesn't plan to divulge user identities to the entertainment industry. Verizon also doesn't appear willing to engage in the industry's dream scenario of booting repeat offenders off of their network. In a follow up piece, CNET notes that Verizon has also struck a new letter notification agreement with the major film studios and the MPAA. Contrary to what CNET seems to believe, Verizon has sent DMCA infringement notifications to their users on behalf of Fox and other companies in the past, so it's not clear just how expanded this new effort will be (Verizon isn't commenting).

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Earlier this week we reported how a free, tiny (1,000 feet total) municipal Wi-Fi network in Ohio was forced to shut down after an MPAA legal warning. A network user had apparently transferred a file copyrighted by Sony Pictures, and instead of risking a costly legal fight, the network decided to simply shut down.
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According to a statement by the USDA's Rural Utilities Service (RUS) and the Commerce Department's National Telecommunications and Information Administration (NTIA), Uncle Sam will be consolidating the two remaining broadband stimulus funding rounds into one. According to the government, they're merging the funding rounds "to increase efficiency and better accommodate applicants." The government also issued a fifteen-day RFI requesting feedback from bidders aimed at improving the application process. So far, about 2,200 different companies and organizations have put in bids for the $7.2 billion in available funding, making two additional funding rounds a little silly for the volume of demand, versus the limited funding available.

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According to a report by CNET's official "examine strange early drafts of laws and terrify people by how badly they're written" guy Declan McCullagh, a new bill winding its way through Congress would force ISPs to block consumer access to online financial scams.

The bill, which passed in the House Financial Services Committee last week by a 41 to 28 vote, places liability squarely in the lap of the ISP should they fail to block access to scams invoking the name of the Securities Investor Protection Corporation (SIPC). The precise language of the bill:
Any Internet service provider that, on or through a system or network controlled or operated by the Internet service provider, transmits, routes, provides connections for, or stores any material containing any misrepresentation (of the SIPC) shall be liable for any damages caused thereby, including damages suffered by the SIPC, if the Internet service provider...is aware of facts or circumstances from which it is apparent that the material contains a misrepresentation.
That wording is so broad it could be extended to include illegitimate scam references contained in e-mail or other transmissions like VoIP, something that obviously worries carriers. It looks like that language is already in the process of being removed or modified. It seems unlikely that this bill makes it very far given the muscle most of the major broadband providers have on K Street.

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Regulators in both Washington and Oregon see Verizon's sale of their networks in the states to Frontier as a deal that carries "lots of risk, but very little upside," according to The Oregonian. Staffers in both states are recommending that utility commissioners reject the massive deal, which would triple Frontier’s size and impose $3 billion in debt. Frontier tells the paper that they're being "too pessimistic" about the deal, saying they hope to create "a very stable, moderately (indebted) company." Frontier executives have been on a country-wide tour trying to convince state regulators that they won't be another Fairpoint Communications.

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The entertainment industry would really like ISPs to play content police, booting P2P users from their networks. But given ISPs don't want to take on the added expense and liability for an effort that might not work anyway, the entertainment industry will try to pass laws forcing them to.
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Remember the ACTA? The international anti-piracy agreement being hashed out in private between governments and the entertainment industry? The one the EFF sued to try and get information about but the Obama Administration classified as a state secret? Canadian Law Professor Michael Geist says bits and pieces are leaking out, and the law does indeed revolve around forcing ISPs into the role of Internet copyright nannies -- an expensive and likely futile endeavor. According to the EFF, the ACTA is everything they feared it would be:
The safe harbors in the US Copyright law require ISPs to adopt and reasonably implement a policy for termination of "repeat infringers" "in appropriate circumstances".
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A few weeks ago Verizon started throwing punches at AT&T in the form of a series of new ads that took direct aim at AT&T's recent network issues and poor 3G coverage (see this ad, for example). AT&T apparently isn't amused, and dropped us a line to note that they're suing Verizon for the ads.
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The CRTC earlier this year couldn't be bothered to come to the defense of independent ISPs facing extinction due to Bell Canada's sudden throttling efforts, but the regulatory agency amazingly came alive this week to stop the entry of a new wireless phone competitor in Canada. A CRTC ruling has banned Globalive, a new entrant into the Canadian market, from doing business in Canada.
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Verizon gave us a nudge today to note that the first hurdle in their mega-deal with Frontier has been jumped -- namely Frontier received shareholder approval. The $8.5 billion deal would infuse Frontier (which currently has 2.3 million customers) with 4.8 million new residential and small-business phone lines across 14 states, 1 million broadband connections, and 11,000 former Verizon employees. That huge sudden growth in subscribers and debt is what killed the last two major Verizon efforts to offload their rural subscribers in Hawaii and New England, meaning regulators will be under serious pressure not to rubber stamp the deal.

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ISPs aren't the only ones against the UK's new plan to kick repeat offenders off of the Internet. Techdirt notes that Britain's law enforcement and intelligence agencies are coming out against the proposed "three strikes" idea, arguing that it would make tracking criminals more difficult.
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A little more than a year ago, Comcast got their wrist slapped by the FCC for throttling upstream P2P traffic (and lying about it to the press and consumers), though the "sanction" contained no substantive punishment or fine. Still, Comcast has been battling the ruling ever since, arguing that the FCC's neutrality principles (pdf) don't give the FCC the authority to investigate the issue, much less sanction the company.
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