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Cybertelecom
Federal Internet Law & Policy
An Educational Project
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Backbone Policy
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While
there is no direct regulation of the Internet
backbone by the Federal Communications
Commission, the issue of the Internet Backbone has been an issue is
several proceedings before the FCC. Internet backbone policy
issues include
- Market consolidation - an
issue considered in the merger proceedings
- Peering and transit
- Whether dominant
providers have the power to exclude smaller players from peering,
forcing them into transit arrangements,
- Whether
telecommunications settlement regimes should be imposed on Internet
peering (this is also known as the ICAIS debate
- Internet backbone bandwidth
investment, and
- Quality of Service
arrangements where major providers attempt to keep you on their network
by guaranteeing QoS on-network but no such guarantees if you leave the
network. Backbone providers may have the incentive to improve
their facilities on their own networks but neglect the border
facilities that interconnect them to tier 2 or tier 3 networks.
If the border routers are neglected, the quality of service when
traffic leaves the backbone is further deteriorated. This leads
to a consideration where these tensions could lead to a balkanization
of the backbones into several islands of high quality of service
on-network but low service quality otherwise.
The most significant FCC
proceedings to date to address backbones have been merger proceedings where approvals
of mergers have been conditioned on carriers divesting themselves
of some portions of the Internet backbone.
- This issue originally came
to a head was the MCI Worldcom merger
proceeding where MCI was required to divest itself of its Internet
backbone - Worldcom retained its Internet backbone services
administered through its subsidiary UUNet. The MCI backbone
facilities were sold off to Cable and Wireless.
- In 2000, the MCI
Worldcom Sprint merger
application was withdrawn by WCOM when the US Dept of Justice decided
that it would seek to block that merger. The Dept of Justice
stated:
WorldCom's wholly owned
subsidiary, UUNET, is by far the largest Tier 1 IBP by any relevant
measure and is already approaching a dominant position in the Internet
backbone market. Based upon a study conducted in February 2000, UUNET's
share of all Internet traffic sent to or received from the customers of
the 15 largest Internet backbones in the United States was 37%, more
than twice the share of Sprint, the next-largest Tier 1 IBP, which had
a 16% share. These 15 backbones represent approximately 95% of all U.S.
dedicated Internet access revenues. UUNET's and Sprint's 53% combined
share of Internet traffic is at least five times larger than that of
the next-largest IBP. The Herfindahl-Hirschman Index ("HHI"), the
standard measure of market concentration (defined and explained in
Appendix A), indicates that this market is highly concentrated. The HHI
in terms of traffic is approximately 1850; post-merger, the HHI will
rise approximately 1150 points to approximately 3000. (Note: Throughout
the Complaint, market share percentages have been rounded to the
nearest whole number, but HHIs have been estimated using unrounded
percentages in order to accurately reflect the concentration of the
various markets.)
DOJ
Complaint ¶
32. More Info.
The FCC's Network Reliability and Interoperability Council (NRIC) expanded the scope of its work
with NRIC V to include packet based telecommunications. Study
Group IV of NRIC V addresses interconnection and peering. In June
of 2001, this study group recommended to NRIC that Internet backbones
should publish their peering policies. Statement
of NRIC V FG4 on Internet Peering. June 2001 Letter
from FG4 to Jim Crowe, Chair of NRIC June 21, 2001. While
this is merely a recommendation letter of the advisory group, it is
noteworthy that the subject matter is considered properly within the
scope of an FCC advisory council.
Incumbent Local Telephone
Companies (Incumbent Local Exchange Service or ILECs) have also tried
to raise the issue of the Internet Backbone in their arguments before
the FCC. The Telecommunications Act of 1996 sets for the policy
goal of introducing competition into the local telephone market.
The problem was how to persuade the local telephone monopoly to give up
its grip on the market. The solution created by the 1996 Act was
a carrot - the ILECs were be permitted to enter the lucrative long
distance telephone market only when their local markets were opened up
to competition. The ILECs have argued vehemently against this
restraint.
This is where the
Internet backbone comes in. ILECs have argued that investment in
Internet backbone bandwidth is anemic and that we are on the verge of a
bandwidth crisis. They have also argued that there are vast
portions of this country that have no direct access to the Internet
backbone (even though the entire country now has direct two-way
satellite access to the Internet and, in the rural communities, the
only ones complaining about this are the ILECs, not the thousands of
other ISPs out there). The ILECs argue that the restraint on
entering long distance service should apply to voice service only, and
not long distance data, and if they were allowed to enter long distance
data, they would solve the Internet backbone problem.
In the first Sec. 706 Notice of Inquiry, the FCC asked whether there was a need for the FCC to get involved in peering issues. The comments filed reflected rough consensus that the FCC should let the free market work (one dissenting voice recommending FCC action was Bell Atlantic - now Verizon). The FCC found that investment in Internet backbone was vigorous. More
facilities are being built and those facilities have greater capacity
every day. Furthermore, the FCC found that bits-is-bits.
Whether its voice or whether its data, its all bits and the ILECs don't
get the carrot, access to the long distance market, until they fulfill
the obligations of Section 271 and open their markets to competition.
The FCC released its second 706
Notice of Inquiry in April
2000. Even though the FCC did not place the issue of Internet
backbone bandwidth on the table, the ILECs nevertheless came back with
arguments about an impending bandwidth shortage in the backbone.
In the summer of 2001 it has been widely discussed that there is glut
of bandwidth in the backbone market with tremendous amounts of unused
capacity. "We conclude that there has been ample national deployment of backbone and other fiber
facilities that provide backbone functionality. There is no indication that specific types of
areas have inadequate access to backbone or functionally equivalent facilities."
Subsequent Sec. 706 Reports (Third and Fourth Reports) have made only brief mentions of Internet backbones.
In 2001, the Government Accounting Office released Telecommunications: Characteristics and Competitiveness of the Internet Backbone Market GAO-02-16, November 14., GAO 11/14/01 in which the GAO concluded
- No publicly available data exist to allow a precise economic evaluation of
the competitiveness of the Internet backbone market. However, the
industry participants we interviewed generally viewed the backbone
market as competitive. Several companies that purchase backbone
connectivity stated that the market has become more competitive in the
last few years. In particular, they noted that the price of backbone
connectivity has declined, and the ability of purchasers to negotiate other
favorable contract terms has improved.
- This report makes a recommendation that the FCC periodically evaluate
whether existing data collection efforts are providing needed information
on the Internet backbone market and, if deemed appropriate, exercise its
authority to establish a more formal data collection program.
New policy deliberations have involved network neutrality, and whether backbone networks can discriminate against particular content, applications, or companies.
WhitePapers
- May
2002 - Study on The Economics of IP Networks - Market, Technical and
Public Policy Issues Relating to Internet Traffic Exchange, by
WIK-Consult., EU Info Society 4/6/2004
- Webcast:
Hot Potatoes Heat Up BGP Routing, NANOG 3/26/2004
- Webcast: Making Sense
of BGP, NANOG 3/26/2004
- Internet
Infrastructure and Access, Henning Schulzrinne Slide presentation
on backbones Fall 2003
- Giovannetti, E. and C. Ristuccia (2003),
Estimating Market Power in the Internet Backbone Using Band-X Data, DAE
Working Paper No. 0332, University of Cambridge, UK.
- Laffont, J.-J., S. Marcus, P. Rey and J.
Tirole (2003), Internet Interconnection and the Off-Net-Cost Pricing
Principle, RAND Journal of Economics 34(2)
- Daniel
C.H. Mah , Explaining Internet Connectivity: Voluntary Interconnection
Among Commercial Internet Service Providers, TPRC 9/13/03
- OECD, Internet Traffic Exchange and the Development of
End-to-end International Telecommunication Competition (2002)
- OECD Workshop on Internet Traffic Exchange June 2001
- AGENDA
- Intro
- Ulrich Mohr,
Head of Section, International Policy on Telecommunications and Posts,
BMWI, Germany, Welcome
- Sam Paltridge,
OECD
- TRAFFIC EXCHANGE IN THE NEW ENVIRONMENT: GLOBAL
NETWORKS
- Scott Marcus,
Chief Technology Officer, Genuity, Global Traffic Exchange between
ISPs
- Jean-Claude Geha,
Telia, Next Generation Traffic Exchange
- Mathew Dovens,
Senior Director, Cable and Wireless,
Relationship Between Networks
- Bill Scott,
NOIE, Australian Government, Issues of Internet Charging from an
Australian Perspective
- Ricardo
Rodriguez, Cofetel, Mexico
- Richard Cawley,
European Commission, Traffic Exchange, Global Networks
- TRENDS IN GLOBAL CAPACITY AVAILABILITY AND TRADING
- Jeremy Barnes,
Director, IP Deployment, Level 3
- Bruce
Girdlestone, Vice President Network Trading, Band-X, Trends in
Global Capacity Availability and Trading
- Geoff Huston,
Chief Scientist, Telstra Internet, The Changing Structure of the
Internet
- GLOBAL INTERNET CONNECTIVITY
- Don Abelson,
Chief, International Bureau, FCC, ICAIS: Myths Versus Reality
- Tim Kelly,
Chief, Strategy and Policy Unit, ITU, Global Internet Connectivity
and the digital divide
- Sam Paltridge,
OECD
- LOCAL INTERNET INTERCONNECTION
- Simon Hampton,
Director of European Public Affairs, AOL Europe. Local Internet
interconnection
- Barbara Dooley,
President, Commercial Internet eXchange, Local Competition and
ISPs: The American Experience
- Wolfgang Kopf,
Vice President, Deutsche Telekom, Local Internet
Interconnection: The German Situation
- Geoff Brighton
and Priya Sinha,Compliance Directorate, Oftel, Friaco:
Unmetered Internet Access in UK
- Telegeography, Packet
Geography 2002 Global Internet Statistics and Commentary
- J Scott Marcus, Genuity, Global Traffic
Exchange among ISPs, OECD Internet Traffic Exchange (June 7, 2001)
(powerpoint slides on PDF)
- The
Impact of Peering on ISP Performance: What's Best for You? Net Mag
Nov 2001
- Jean Claude Geha, Telia, Next Gen
Traffic Exchange, OECD, (June 7, 2001) (Powerpoint on PDF)
- Dr. Mathew Dovens, C&W, Relationship
Between Networks, OECD (June 7, 2001)
- Bill Scott, National Office
Information Economy, Australia, Issues
in Internet Charging from an Australian Perspective, (June 7, 2001)
- Ricardo Rodriguez, Cofetel,
Mexico, Internet
Workshop (June 7, 2001)
- Besen, S., P. Milgrom, B. Mitchell and P. Srinagesh (2001),
Advancing in Routing Technologies and Internet Peering Arrangements, American
Economic Review Papers and Proceedings 91
- Richard Cawley, Traffic
Exchanges, Global Networks, OECD (June 7, 2001)
- Plano Editorial: 1st
Seminar International Telecommunications: Internet: Determing
Price and Universal Access
- Michael Kende - Consultor
senior da empresa norte-americana Analysys Consulting Limited,
ex-funcionário da Federal Communications Comission (FCC):
Internet Business Models and the Competitive Dynamics of the Backbone
Market (April 2001) Powerpoint
- Bill Norton, Equinix, Interconnection
Strategies for ISPs
- Connectivity
in the Commercial Internet (with J. Crémer andJ.
Tirole), 2000, Journal of Industrial Economics
- Presentation: Rob Frieden,
The Changing Dynamics of Internet Peering, Fall 2000 Meeting of the
Computer and Communications Industry Association; CCIA
Presentation
- Interconnection,
Peering, and Settlements Geoff HUSTON INET 1999
- Baake, P. and T. Wichmann (1999), On the Economics of
Internet Peering, Netnomics
Federal
Action
FCC NRIC V Focus Group 4
Links
Traffic
Reports
Internet Weather
Report
Matrix.net
Internet
Traffic Report
Internet
Health Report
Keynote
Above.net's
Real-time Network Status
Boardwatch's
Director of
ISPs (directory of North American Backbones)
Cable
& Wireless
Peering Policy
Schematic
of
Internet Backbone
Sprint Internet
Services
Telegeography
Internet Exchange Point Directory
TCG
Cerfnet
Backbone
Topology (PDF)
Exchange Points
Listing
by PCH.NET
Public Network
Access Points (NAP
Listservs)
Nap.net Recently
acquired by GTE
(Network Exchange Points).
ColoSource Internet
eXchange Points
Exchange Point Information
Dallas
Fort Worth
Equinix Dallas
IBX
MAE Central (Dallas)
PAIX Dallas
Books
Notes
- Boardwatch magazines' Internet Directory reported in 2001 that there were approximately 35 Internet backbone providers (down 6 from the previous years directory).
News
- Identifying
key regulatory and policy issues to ensure open access to regional
backbone infrastructure initiatives in Africa, World Bank 4/29/2005
- ISP
backbones stand up to 30 day test, NWFusion 12/16/02
- When
The Net's Backbone Is Out Of Joint, BWO 10/9/02
- Navigating
Risks and Opportunities in the North American Backbone Market 6/1/01 ,
AllNetResearch 1/24/02
- ISP
Backbone Market Forecast, ISP Planet 1/24/02
- ISP Backbone
Market to Remain Flat Through 2002, Cahners InStat 1/24/02
- The Impact
of Peering on ISP Performance: What's Best for You Network
Magazine November 2001: Global Distribution of NAPS:
North America 37.5%, Europe 34.6%, Asia & Pacific 21.3%, Latin
America and Caribbean 5.1%, Africa 1.5%.
- The Old
Boys Network, Data Communications (October 1999)
- Damaged
cables slow Net access in Asia, CNET 9/20/01
- PSI
Net Agrees to Sell Hong Kong Operations, Internetnews 07/10/01
- NAP
Set to Open in Miami, ZDNet 6/29/01
- Global
Crossing Finishes Network, ON 6/21/01
- C&W,
PSINet Drop Peering Agreement, InternetNews 6/6/01
- Winds
Of Change For Backbone Providers, ISPPLanet 6/15/01
- PSINet files
for bankruptcy protection, CNET 06/01/01
- PSINet
Files For Chapter 11, InternetNews 06/01/01
- PSINet
Files For Chapter 11 Bankruptcy Protection, Internetnews 06/01/01
- The
ISP top dogs, NW Fusion May 2001
- PSINet
To Sell Unit For Quick Cash, WashPost 2/15/01
- AGIS
Sold to Swedes InternetNews 4/26
- ISPs
Plan Backbone Boost InternetNews 3/31
- AGIS
Backbone Buckles (files for bankruptcy) Internet News 3/2
- Enron
Opens Bandwidth Commodity Trading Service InternetNews 12/3
- C&W
launch global backbone ZDNET 11/15/99
- SGI
to Test Indian Internet Backbone by November InternetNews 9/20/99
- C&W
expands its U.S. network capacity C|NET 9/13/99
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