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Congestion Control Association of Communication Engineers St. Louis, MO --- May 3, 2010 Andy Deinert Engineering Staff 2211 N. Minnesota Mitchell, SD 57301 (605) 995-1777 FAX: (605) 995-1778 Andy.Deinert@Vantagepnt.com

Overview Network Congestion History of Network Neutrality Proponents of Network Neutrality Opponents of Network Neutrality FCC s October 22 nd Network Neutrality NPRM FCC vs. Comcast Page 2

Overview Network Congestion History of Network Neutrality Proponents of Network Neutrality Opponents of Network Neutrality FCC s October 22 nd Network Neutrality NPRM FCC vs. Comcast Page 3

Network Congestion Network congestion occurs when a link or node is carrying so much data that its quality of service deteriorates. Typical effects include delay/jitter, packet loss or the blocking of new connections. Page 4

Network Congestion Page 5

Network Congestion Page 6

Network Congestion Unfiltered Traffic Filtered Traffic Page 7

Combating Congestion Quality of Service (QoS) Typically done on routers and switches Traffic types given a marking Marking is assigned a prioritization queue Different services assigned different queues Eight queues available Priority can be given within the queue Lowest queue is best effort Typically Internet Traffic Page 8

Combating Congestion Local Web Caching High Capacity Servers caching content that is accessed frequently Microsoft Updates, YouTube Content Page 9

Broadband Drivers www.internetworldstats.com Page 10

Broadband Drivers Streaming Content YouTube, Hulu, Netflix More tech savvy users on-line More on-line content available Page 11

Top Web Sites United States 1. Google Search, groups, photos 2. Facebook Social networking >$8.7B revenues 3. Yahoo! Search, portal, email 4. YouTube Video-based social networking 5. Wikipedia Web-based free encyclopedia 6. Blogger Blog publishing system Started Feb 2004 7. ebay Online auctions >400M members 8. Craiglist Online urban community site, classifieds, Founded etc. 1995 1000+ employees 9. Myspace Social networking Microsoft 10. Live Founded (live.com) 1994 Microsoft web portal Founded purchased 225M 2005 Users 1.6% for $240M 11. Amazon e-commerce website 412M Users 12. Twitter Social Networking 13. Microsoft 3.4B hits Network per day (msn.com) Web portal, news, email 14. AOL $7B Web Revenues >400Terabytes/day portal (Initially an ISP) Owned by Time Warner 15. Go 14,000 Web portal employees owned by Disney 16. LinkedIn Social networking Founded 1998 >$23.6B Revenues >8B US searches/mo 19,600 Founded employees 2001 Many >15M Products articles 3M English articles 250+ Languages Open-source Wiki software Page 12 >15,000 employees 20M+ listings at any time 6.4M Owned new listings by News per Corp day >170M accounts Facebook founder >230,000 Owned by new Microsoft per day Mark Zuckerberg (Mark is worth $3B) 1,000 employees Google Blogs, purchased photos, for videos $1.65B >100M videos viewed per day $1M/day bandwidth costs $175K/day for homepage ad

Broadband Adoption 65% of Americans Have Broadband Connections at Home Up from 55% one year earlier 46% of rural residents have broadband (22% annual increase) 78% of Americans Claim to be Internet Users 55% of American adults connect to the Internet wirelessly FCC: Broadband Adoption and Use in America Pew Internet and American Life Project Feb. 23, 2010 Page 13

Online Video Adoption 69% of online adults watch video over the Internet 23% do it daily 18-29 year olds 90% watch TV shows on devices other than a TV In 2009 Verizon/AT&T added more video subs than CATV will add voice subs Verizon/AT&T expected to have 50M video subs by 2012 Audience for Online Video - Sharing Sites Shoots Up Pew Internet and American Life Project July 2009 Page 14

Online Video 178M people watched an average of 187 videos (December 2009) Average video length: 3.5 minutes 6.4 hours/person/month average Google/YouTube December 2009: 13B videos viewed 40% video market share 136M unique viewers Hulu 500% Growth April 08 April 09 Fastest growing video site comscore Video Metrix December 2009 Page 15

Overview Network Congestion History of Network Neutrality Proponents of Network Neutrality Opponents of Network Neutrality FCC s October 22 nd Network Neutrality NPRM FCC vs. Comcast Page 16

In the Beginning The FCC has been categorizing Broadband Internet Access as Information Services since 2002 Cable Modem Services (2002) Wireline Broadband Services (2005) Broadband over Power Line (2006) Wireless Broadband Internet Access (2007) Page 17

Next The Internet Policy Statement Issued in 2005 FCC felt the duty to preserve and promote the vibrant and open character of the Internet Consumers entitled to Access the lawful Internet content of their choice Run applications and use services of their choice Connect using their choice of legal devices Competition among network, application, service, and content providers Page 18

Enforcing the Internet Policy Statement Madison River Communications Blocking Subscriber Use of VoIP Vonage Files Compliant in 2005 FCC Rules against Madison River Fined $15,000 Ordered to stop blocking VoIP Page 19

Enforcing the Internet Policy Statement (con t) Comcast Network Management Practices Order Compliant Filed in November 2007 FCC Issued Order in 2008 indicating Comcast illegally disrupted Internet file-sharing applications Page 20

Other Steps Towards Neutrality 700MHz Auction 73 FCC Open Access Requirements for Upper C Block Open Devices and Open Applications FCC Touts 700MHz Open Access Requirements a Success Met Reserve Price Page 21

Other Steps Towards Neutrality (con t) Broadband Technology Opportunities Program (BTOP) & Broadband Initiatives Program (BIP) BTOP and BIP included Nondiscrimination and Data Interconnection Obligations Minimum requirements for companies to follow FCC s 2005 Internet Policy Statement Page 22

Overview Network Congestion History of Network Neutrality Proponents of Network Neutrality Opponents of Network Neutrality FCC s October 22 nd Network Neutrality NPRM FCC vs. Comcast Page 23

Proponents of Network Neutrality Page 24

Other Proponents President Obama Democratic Leaders in Congress Other Internet Based Service Providers Digital Rights Advocacy Groups Page 25

Arguments for Network Neutrality Open Internet Facilitates Entrepreneurs and Innovation Broadband Competition is Insufficient to Discourage Discrimination Broadband Providers would Drive Out Competition for Applications and Services Small Application/Service Providers May Perish Want to Preserve Internet to Support Wide Open Speech Page 26

What Do They Fear? Internet Application and Service Providers DO NOT want to Pay Access Fees to the Broadband Access Provider Page 27

Overview Network Congestion History of Network Neutrality Proponents of Network Neutrality Opponents of Network Neutrality FCC s October 22 nd Network Neutrality NPRM FCC vs. Comcast Page 28

Who Opposes Network Neutrality Page 29

Other Opposition to Network Neutrality Republican Leadership Some Democratic Representatives Communications Workers of America FCC Commissioner Robert McDowell? Voted to Proceed with the Rulemaking Indicated That He Does Not Feel the Gov t is the Right Tool to Fix the Internet Does Not Agree that FCC has the Legal Authority Page 30

Arguments Against Network Neutrality There is No Problem to Fix Innovation and Investment in the Internet has grown in the Current Environment Network Neutrality is just a Solution looking for a Problem Competition is Sufficient to Prevent Broadband Service Providers from using Predatory Practices Broadband Service Providers Must be Given Latitude to Manage their Networks New Regulation May Hinder Development of the Internet Page 31

Overview Network Congestion History of Network Neutrality Proponents of Network Neutrality Opponents of Network Neutrality FCC s October 22 nd Network Neutrality NPRM FCC vs. Comcast Page 32

Notice of Proposed Rulemaking FCC Commissioners Voted 5-0 to Proceed with Proposed Rulemaking NPRM was Released October 22, 2009 FCC is Ultimately Trying to Codify their 2005 Open Network Policy Statement into Rules Plus Two Additional Rules NPRM includes Six Primary Internet Principles Page 33

The Six Principles of Network Neutrality Subject to reasonable network management, a provider of broadband Internet access service 1. May not prevent any of its users from sending or receiving the lawful content of the user s choice over the Internet 2. May not prevent any of its users from running the lawful applications or using the lawful services of the user s choice 3. May not prevent any of its users from connecting to and using on its network the user s choice of lawful devices that do not harm the network 4. May not deprive any of its users of the user s entitlement to competition among network providers, application providers, service providers, and content providers Page 34

The Six Principles of Network Neutrality (con t) Subject to reasonable network management, a provider of broadband Internet access service 5. Must treat lawful content, applications, and services in a nondiscriminatory manner 6. Must disclose such information concerning network management and other practices as is reasonably required for users and content, application, and service providers to enjoy the protections specified in this part Page 35

Additional Considerations of the FCC FCC Continues to Review Four Main Arguments How to Best Promote Investment and Innovation Current and Future Adequacy of Competition and Market Forces How Best to Promote Free Speech and Civic Participation The Practical Significance of Network Congestion FCC is Intentionally Writing Loose Rules Intention is to Allow Future Flexibility for Ruling on a Case-by-Case basis Page 36

Overview Network Congestion History of Network Neutrality Proponents of Network Neutrality Opponents of Network Neutrality FCC s October 22 nd Network Neutrality NPRM FCC vs. Comcast Page 37

FCC vs. Comcast April 6, 2010 U.S. Court of Appeals issues judgment in favor of Comcast. Precludes NPRM s reliance on the theory of ancillary authority to adopt the proposed rules. Confirms that the FCC must explain how each proposed regulation is reasonably ancillary to the effective performance of its statutorily mandated responsibilities. Page 38

The Debate Unleashes a broader debate over the agency's ability to regulate broadband service providers such as AT&T, Comcast, and Verizon Communications. Page 39

What s Next for FCC? 1. Appeal the Comcast decision 2. It can ask Congress for legislation granting it explicit authority over broadband. 3. It can reclassify broadband from an information service to a Title II commoncarrier service, subject to open-access rules-- much in the way that telephone systems are currently regulated. Page 40

Common Goal Preserving an open Internet that continues to grow, thrive, and welcome innovation and private investment throughout the internet ecosystem. ISP s Content Producers Consumers Policymakers Academics Page 41

What Should You Do? Get Educated on Network Neutrality Work with Industry Groups to Help Your Voice be Heard Page 42

Congestion Control Association of Communication Engineers St. Louis, MO --- May 3, 2010 Andy Deinert Engineering Staff 2211 N. Minnesota Mitchell, SD 57301 (605) 995-1777 FAX: (605) 995-1778 Andy.Deinert@Vantagepnt.com