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<TITLE>D. Hugh Redelmeier's Response to Telecom Public Notice CRTC 2008-19</TITLE>
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<H1>Recommendation and Rationale</H1>
<P>
There are two practical means of providing broadband internet
connectivity for the vast majority of Canadian households: cable and phone line.
In fact a significant number of households have only one of these available.
<P>
This fact give the owners of the cable and telephone plant effective monopoly control over broadband.
Someday a third mechanism might become widely deployed but that isn't the case now.
Perhaps the correct term is duopoly, but it is simpler to use the word monopoly.
<P>
Technical reasons dictate that these monopolies cannot be eliminated.
But it hardly needs explanation that monopolies must be carefully constrained.
In particular, monopolies stifle the vibrant creativity of the marketplace.
<P>
One constraint that is necessary comes under the imprecise term network neutrality.
In particular, network implementations must not privilege in any way applications, providers, or goals
chosen by the monopoly providers.
<P>
This is especially the case when the monopoly provider also
provides a service for which it has competitors.
<P>
A microcosm of this is the traffic shaping by Bell of the traffic of its customers' customers.
The last mile that Bell provides has no contention (they've told me this in a series of ads)
so this portion cannot justify traffic management.
If there is contention, it must be in the back-haul from the central office to the ISP.
After all, the connection from the ISP to the internet cloud is provided by the ISP and not Bell.
If the back-haul traffic is to be shaped, the policies for shaping surely ought to be provided by
the actual customer (ISP), not the provider.
<P>
To prevent this kind of abuse, a clear policy on legitimate forms of
traffic management by monopoly providers should be created and enforced by the CRTC.
<P>
I propose that the monopoly providers may limit the traffic of their customers (the ISPs) based on
the transit resources used: inbound and outbound packet counts and on the inbound and outbound byte counts.
<P>
They must also provide tools for their customer ISPs to shape traffic
of their own customers to allow those ISPs to reasonably divide
resources amongst their own customers.
Typically this would allow management based on local endpoint IP address
(source address for outbound packets and destination IP address for inbound packets).
<P>
It might be reasonable to allow endpoints to set QoS fields on
outbound flows and have those taken into account.
Such QoS would not be expected to have any influence in the cloud because
QoS practice is not been standardized.
<P>
Some providers (generally telephone companies) have done a much better job of supporting third party
ISPs than other providers (generally cable companies).
Without significant third party ISPs, the provider must not manage traffic of its own end-user customers
in ways beyond those outlined above.
<P>
If a provider supports a healthy set of third party ISPs then perhaps it could be allowed some latitude
on traffic management policies for its own end-user customers.
The argument is that it is not doing so in a monopoly capacity.
I don't actually think that any monopoly provider has sufficient third party ISPs to have this apply.
<HR>
<H1>Responses to Specific Questions</H1>
<P>(1) A primary
reason given for Internet traffic management practices is the
increase in Internet traffic volumes caused by end-users.
This has been attributed to growth in the use of certain
applications, as well as growth in online video consumption,
<UL>
<P>a) How has Internet traffic grown in the past three years
and what are the predictions for its growth in the future?
What has been the impact on Canadian ISP networks?</P>
</UL>
<P> <B>Response:</B> I have no information. In general, traffic will increase until it hits a constraint. So a neutral constraint architecture is is required.
<UL>
<P>b) How has average end-user bandwidth consumption changed
in the past three years and what are the predictions for
future changes in Canada?</P>
</UL>
<P> <B>Response:</B> same answer as to 1a.
<P> </P>
<UL>
<P>c) How should congestion be defined in an ISP's network?</P>
</UL>
<P> <B>Response:</B> it depends on what purpose the term is used for. Since that isn't specified, I cannot answer this question.
<P> </P>
<UL>
<P>d) Are there applications or services that are more likely
to cause congestion, and if so, what are they?</P>
</UL>
<P> <B>Response:</B> I don't see why this question is being asked.
The CRTC and ISPs should not be concerned with applications or services (as I understand those terms within this question).
<P> </P>
<UL>
<P>e) What are the relative bandwidth requirements for
different types of Internet applications?
</P>
</UL>
<P> <B>Response:</B> same answer as to 1d.
<P> </P>
<P>(2) The Commission is seeking information regarding
technical and economic solutions that are available now, or
likely to be available in the future, for the purpose of
Internet traffic management. The Commission would also like to
understand the impacts of these solutions.</P>
<P> </P>
<UL>
<P>a) What technologies could be employed by ISPs (for
example, deep packet inspection) to manage Internet traffic?</P>
</UL>
<P> <B>Response:</B>
<P>
Before talking about technologies, I think we should talk about policies.
If a technology can be used to implement an acceptable policy, then I think that it could be employed.
<P>
A policy that make sense is that each customer's packets get
de-prioritized as that customer generates increasing traffic.
The traffic metric could be based on packet count or bytes of traffic or a combination of the two.
No other aspect of traffic could be involved in shaping decisions.
The
goal would be to share bandwidth between customers (the paying
entities) rather than applications or protocols.
<P>
In the case where the customer is an ISP, it would be reasonable
for the carrier to give tools to allow balancing amongst the ISP's
customers.
<P>
One technology to consider is the use of QoS bits in IP packets to allow the end-user/end-point to declare packet priority (and perhaps consequent price).
This priority is probably only feasible between the the end-point and the ISP since there is no universally agreed interpretation of QoS bits.
<P>
I think that this is the kind of neutrality that is essential:
applications and protocols cannot be discriminated but that traffic is
shaped so that bandwidth is shared between customers.
<P>
The technology to implement policies that fit within this framework are well known, widely-deployed, and cost-effective.
<P> </P>
<UL>
<P>b) What developments are under way with respect to traffic
protocol (such as modifications to transmission control
protocols) and/or application changes (such as changes to P2P
file exchange) which could assist in addressing network
congestion?</P>
</UL>
<P> <B>Response:</B> I don't know.
<P> </P>
<UL>
<P>c) What are the specific capabilities offered by the
technical solutions identified in (a) and (b) above? For
example, would these technologies allow for throttling of
individual users or groups of users; would they allow for the
collection of information about persons and to what extent?</P>
</UL>
<P> <B>Response:</B> all users would be throttled in some sense.
The effect would only be noticed by heavy users.
Nothing I envision would significantly increase collection of information directly or indirectly about users.
<P> </P>
<UL>
<P>d) With reference to questions (a) to (c) above, how
effective would these solutions be in addressing network
congestion in the ISP networks?</P>
</UL>
<P> <B>Response:</B> completely effective.
<P> </P>
<UL>
<P>e) Also with reference to questions (a) to (c) above, what
impact could the implementation of technical solutions have
on the Internet Engineering Task Force standards upon which
the operation of the Internet is based? Could these solutions
create interoperability challenges for application
developers?</P>
</UL>
<P> <B>Response:</B> my proposals are conformant with IETF standards and practices.
The QoS part is less common but I believe that it is conformant.
<P> </P>
<BLOCKQUOTE>f) Describe the advantages and disadvantages
(including end-user impacts) of employing the following
practices in order to manage Internet traffic:</BLOCKQUOTE>
<P> </P>
<UL>
<BLOCKQUOTE>i. monthly bandwidth limits (bit caps),</BLOCKQUOTE>
</UL>
<P> <B>Response:</B>
a business decision. But to be decided by the final ISP, not the ISP's provider (the monopoly provider).
<P> </P>
<UL>
<BLOCKQUOTE>ii. excess bandwidth usage charges,</BLOCKQUOTE>
</UL>
<P> <B>Response:</B> Same answer as 2fi.
<P> </P>
<UL>
<BLOCKQUOTE>iii. time of day usage pricing,</BLOCKQUOTE>
</UL>
<P> <B>Response:</B> Same answer as 2fi.
<P> </P>
<UL>
<BLOCKQUOTE>iv. peak period throttling,</BLOCKQUOTE>
</UL>
<P> <B>Response:</B> This depends on the basis for throttling (as discussed above).
A the choice to use non-discriminating throttling is a business decision for the final ISP.
<P> </P>
<UL>
<BLOCKQUOTE>v. end-user-based
throttling,</BLOCKQUOTE>
</UL>
<P> <B>Response:</B> I don't know what this means.
If this throttling is (only) based on the customer end-point (i.e. the near-side IP address)
then that is legitimate technique for the final ISP (but not for the ISP's provider).
<P> </P>
<UL>
<BLOCKQUOTE>vi. application-based throttling,</BLOCKQUOTE>
</UL>
<P> <B>Response:</B> this is unacceptable.
<P> </P>
<UL>
<BLOCKQUOTE>vii. content caching,</BLOCKQUOTE>
</UL>
<P> <B>Response:</B> this is acceptable if the caching is explicitly chosen by the customer.
Transparent caching is more problematic but I have no fixed opinion as to its legitimacy.
<P> </P>
<UL>
<BLOCKQUOTE>viii. upgrading network capacity, and</BLOCKQUOTE>
</UL>
<P> <B>Response:</B> Same answer as 2fi.
<P> </P>
<UL>
<BLOCKQUOTE>ix. others not listed above.</BLOCKQUOTE>
</UL>
<P> <B>No response.</B>
<P> </P>
<P>(3) In Telecom Decision 2008-108, the Commission directed
Bell Canada to develop and file with the Commission, proposed
notification requirements to address future changes that
impact materially on the performance of GAS.</P>
<P> </P>
<UL>
<P>a) Should these requirements be extended to other ISPs
providing wholesale Internet services such as the third party
Internet access services offered by cable ISPs?
</P>
</UL>
<P> <B>Response:</B> Yes.
<P>
Generally speaking, cable companies have managed to avoid the obligation to support third party Internet access services.
I strongly urge the CRTC to fix this by putting their earlier decision on this into effect.
<P> </P>
<UL>
<P>b) Are similar requirements necessary and appropriate in
relation to the provision of retail Internet services?</P>
</UL>
<P> <B>Response:</B>
Non-monopoly providers should be relatively free of constraints.
But their choices must not be forced by their providers, the monopolists.
<P> </P>
<UL>
<P>c) If so, what kinds of practices, and/or changes to
practices, should trigger these requirements and what
information and how much notice should be provided to
end-users?</P>
</UL>
<P> <B>Response:</B>
Monopolies must be constrained to prevent exploitation of their positions. If a provider has sufficient competitors such constraints are less important.
<P> </P>
<P>(4) Subsection 27(2) of the Act prohibits a Canadian
carrier from unjustly discriminating, subjecting any person to
an undue or unreasonable disadvantage or giving an undue or
unreasonable preference toward any person, including itself,
in relation to the provision of a telecommunications service.</P>
<P> </P>
<BLOCKQUOTE>a) What, if any, Internet traffic management
practices employed by ISPs would result in unjust
discrimination, undue or unreasonable preference or advantage?</BLOCKQUOTE>
<P> <B>Response:</B> The ISP has no business discriminating between a user's packets.
Of course the ISP needs to do routing so that is an exception.
But, as an exception to this exception, the routing must not be a backdoor method of discriminating for other purposes.
<P> </P>
<P>(5) Section 36 of the Act states that unless the Commission
approves otherwise, a Canadian carrier shall not control the
content or influence the meaning or purpose of
telecommunications carried by it for the public.
</P>
<P> </P>
<UL>
<P>a) What, if any, Internet traffic management practices
employed by ISPs would result in controlling the content, or
influencing the meaning or purpose of telecommunications?
</P>
</UL>
<P> <B>Response:</B>
Any examination of content as opposed to source address, destination address, and perhaps outgoing QoS would be improper.
<P> </P>
<UL>
<P>b) For any Internet traffic management practice identified
in (a), what criteria should the Commission apply in
determining whether to authorize such practice?
</P>
</UL>
<P> <B>Response:</B> no provider in a monopoly position should be so authorized.
<P> </P>
<P><A NAME="n8back"></A>(6) Section 47 of the Act states that
the Commission shall exercise its powers and perform its
duties under the Act with a view to implementing the Canadian
telecommunications policy objectives set out in section 7 of
the Act
policy objectives) and ensuring that Canadian carriers provide
telecommunications services and charge rates in accordance
with section 27.
</P>
<P> </P>
<BLOCKQUOTE>a) What issues do Internet traffic management
practices raise concerning the policy objectives of the Act?</BLOCKQUOTE>
<P> <B>Response:</B>
<P> Traffic management could adversely affect several policy objectives:
<P> Objective (b) talks of high quality service. This would be harmed.
<P> Objective (c) talks of efficiency and competitiveness. This would be harmed.
<P> Objective (f) talks of market forces.
These only work when monopolies are constrained.
The policies I propose are to constrain monopolies.
<P> Objective (g) requires that R&D not be subject to monopoly control.
<P> Objective (h) requires responsiveness to user requirements, again suggesting that monopoly control should be constrained.
<P> Objective (i) is about privacy. Certain traffic management practices could compromise this but my proposal would prohibit those.
<P> </P>
<P>(7) Section 47 of the Act also states that the Commission
shall exercise its powers and perform its duties under the Act
in accordance with any orders made by the Governor in Council
under section 8. The Governor in Council has issued an <I>Order
Issuing a Direction to the CRTC on Implementing the Canadian
Telecommunications Policy Objectives</I>, P.C. 2006-1534,
14 December 2006 (the Policy Direction), which requires the
Commission to, among other things, rely on market forces to
the maximum extent feasible and when relying on regulation,
use measures in a manner that interferes with market forces to
the minimum extent necessary to meet the policy objectives.
The Policy Direction also requires the Commission to ensure
that non-economic measures are implemented, to the greatest
extent possible, in a symmetrical and competitively neutral
manner.
</P>
<P> </P>
<UL>
<P>a) In light of the Policy Direction, address the
requirement for, and the appropriateness of, implementing any
regulatory measures in relation to Internet traffic
management by ISPs.</P>
</UL>
<P> <B>Response:</B> Any dependence on market forces must minimize the distortions of monopolies.
The policies I propose do just that and no more.
<P> </P>
<UL>
<P>b) For each proposed regulatory measure, comment on how
such measure would be consistent with the Policy Direction as
well as how these measures could be implemented in the least
intrusive manner.</P>
</UL>
<P> <B>Response:</B> Any dependence on market forces must minimize the distortions of monopolies.
The policies I propose do just that and no more.
<P> Those proposals are simple and clear-cut.
They don't need tricky judgement calls in their enforcement.
<P> </P>
<P>(8) The issue of Internet traffic management practices is
increasingly a global issue that is being raised in other
jurisdictions.</P>
<P> </P>
<UL>
<P>a) Discuss any initiatives being examined or undertaken in
other jurisdictions in relation to the issues raised in this
proceeding concerning the Internet traffic management
practices of ISPs.</P>
</UL>
<P> <B>No response.</B>
<P> </P>
<UL>
<P>b) With respect to any initiatives described in part (a)
of this question, discuss their possible applicability in
Canada.</P>
</UL>
<P> <B>No response.</B>
<P> </P>
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