FCC allows big ISPs to add performance enhancing juice to speed tests, WSJ says

19 December 2019 by Steve Blum
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Syringe

The fast, reliable broadband service claims endorsed by the Federal Communications Commission are based on test data that’s been doctored by California’s monopoly model Internet service providers, according to a Wall Street Journal article Shalini Ramachandran, Lillian Rizzo and Drew FitzGerald (h/t to Jim Warner for sending me the link).

Annual speed measurements taken to evaluate U.S. broadband service are “juiced” by AT&T, Comcast, Charter Communications and others, who know ahead of time where the tests are run and afterwards lobby the FCC to suppress bad results and hype good ones, the story says…

[AT&T] pushed the Federal Communications Commission to omit unflattering data on its DSL internet service…

In the end, the DSL data was left out of the report released late last year, to the chagrin of some agency officials. AT&T’s remaining speed tiers notched high marks…

Comcast a few years ago upgraded speeds in some regions without notifying the FCC, making test results look stellar, people close to the FCC program said. The FCC discovered the changes after spotting anomalous data and adjusted the numbers.

This September, amid an FCC test, Comcast rolled out speed upgrades for many customers in several states…

Charter-Time Warner Cable oversold its network to the point where 200 Mbps and 300 Mbps households “would achieve speeds that were only a half to a third of their promised speeds,” the New York attorney general alleged [in a 2017 lawsuit]. Yet Time Warner Cable’s FCC speed-test results in the two years prior averaged 100% or more of promised speeds.

Even so, the FCC’s VIP treatment isn’t good enough for AT&T. It pulled out of the testing program and will submit performance data it gathers itself.

The story also reports that measurements of Cox Communications’ broadband service showed a 37% actual-versus-promised consistency mark. It blamed the wholesale provider it chooses to work with, so the FCC relegated the results to a footnote, even though Cox – or any other last mile ISP– is responsible for properly provisioning middle mile connectivity and raw Internet protocol bandwidth.

The FCC broadband measurement program is a mess. Earlier this year, the FCC pulled back claims of widespread gigabit availability after a thorough debunking by a broadband advocacy group and Microsoft. That’s what happens when a regulator turns into a cheerleader for the industry it’s supposed to oversee.