Comcast gets big tax break that was designed for Google Fiber
arstechnica.com
arstechnica.com
>FERC built a terrible box, and the box had some buttons that were labeled “push here for money,” and JPMorgan pushed them and got money. You can understand the category mistake very easily:
>FERC thought the box was for generating electricity at market prices but with a robust backup system to ensure reliable supply, and
>JPMorgan thought the box was for dispensing money.
>It’s a perfectly understandable mistake to make if you have spent your career building and operating boxes that dispense money, as JPMorgan global commodities head Blythe Masters has. What else could the box be for?
I get that they found a loophole that rewarded them for producing more of the less efficient energy, but I'm a bit unclear on what the actual rules were, the roles of the various players in this, and how the transactions were taking place.
But bids change over time, and you can't just buy one hour's energy: plants take time to "boot up" which have costs. So they pay in 3 hour increments. If your bid for time t is accepted, they pay you for t,t+1, and t+2.
JPMorgan set prices at {Good price, outrageous price, outragous price}
JPMorgan got an average of 2/3*outrageous price, which made them an obscene amount of profit.
The stupid system didn't notice.
As I understand it the players submit bids to a central computer that decides who to order from.
If so that's one major oversight for whomever built the system. I honestly could see why JPMorgan would be going "so...you're sure these are the rules? Really? Mmmm...ok....well, if you say so." I'm sure they didn't exactly telegraph how they would abuse this, but I find it a bit hard to hold them responsible for what is essentially negligence on the behalf of whomever was in charge of designing the system logic.
I'm not sure if it's the previous two hours or the next two hours, but either way yields the same result. Also, they may not be doing 3 hour increments, but just having a buffer time. I only know what the article says.
Whoever built the system probably assumed that bids represented people's actual intentions, and tried to get the cheapest power given the inputs. They missed a loophole, yes.
Note that there are other strategies that did similar but different things.
>As set forth below, Enforcement has determined that, through the 12 strategies investigated here, JPMVEC violated the Commission’s Anti-Manipulation Rule, 18 C.F.R. § 1c.2, by intentionally submitting bids to CAISO and MISO that falsely appeared economic to CAISO and MISO’s market software but that were intended to, and in almost all cases did, lead CAISO and MISO to pay JPMVEC at rates far above market prices.
http://ferc.gov/EventCalendar/Files/20130730080931-IN11-8-00...
So they had to go back and REWRITE the law, to ensure Google, the company they made the break for, qualified for it. And then they're getting upset another provider is trying to get the advantage they wrote for Google to use.
When tax laws are being written specifically for a company, our government has a problem.
Sauce: http://www.oregonlive.com/silicon-forest/index.ssf/2016/02/o...
The government could've pursued the alternative: build out municipal broadband, and allow anyone to provide you service (competitively) at the CO/meetup room. But that's "socialism!"
The problem is not government. The problem is apathetic, uneducated, uninvolved knee jerk voters. And voters get what that deserve for being so.
> Nobody in my building subscribes to FiOS because Verizon doesn't have a TV license here.
> for licensing reasons couldn't access Facebook, nobody would subscribe to it.
And that's a damn shame. Let them eat cake.
It's hard to care about the policy details of broadband providers. My internet from Time Warner is pretty cheap, it almost never breaks, and it's plenty fast enough for Netflix to work. Why should I care much beyond that?
"I have healthcare. Why do I care about those who don't?"
$15/mo gets you 3MBPS. $30/mo gets you 10. $35/mo gets you 50.
These two sentences seem to contradict each other.
They're incentivizing "offering a service", and it's better for that to come as a discount on existing revenue rather than free money.
> The bill, signed yesterday by Gov. Kate Brown, "exempts 'gigabit' Internet service like Google's from a thorny property tax that dates to the 1970s and was originally intended for microwave towers," The Oregonian reported. Until the change, there was "an unusual Oregon tax methodology that values companies based—in part—on 'intangible' assets such as the value of their brands.
> Oregon's first attempt to change the rule backfired, when Google told lawmakers that proposed legislation would only provide relief temporarily and that "after a certain time period tax rates would return to approximately double what they are in other states." Lawmakers said they would change the bill to address Google's concerns, and they did.
> Portland has approved a Google Fiber franchise "that exempts the company from some of the fees and service requirements Comcast faces" and "reworked transportation regulations to allow Google Fiber to put 200 utility cabinets along big city streets," The Oregonian article said.
The intention wasn't to create a general incentive for laying fiber in Oregon. The purpose was to get rid of a weird property tax quirk that was standing in the way of getting Google Fiber to Portland.
What's more, $300 for 2Gbps is not bad at all. It's not super cheap like Google's offering, but it's about what Verizon charges for 500Mbps, for example.
I propose an alternate headline: "Oregon legislators attempt to spur investment, fail to think through legislation, accidentally grant tax break to incumbent."
Okay, so you say it has to be available 24/7 to comply, but then even Google can't meet that so you add another requirement. Or maybe you have to anticipate legitimate cases of hyperinflation...
At some point you have to just step back and say, "stop being a dick, that's pretty clear not what the law meant and you're just abusing it".
It's not hard to realize that if you say that a company can qualify for a tax break by offering a service, and you don't say what sort of price that offer must have, that the company might "qualify" without really offering the service by offering it at a really high price. That doesn't require being psychic, that just requires sitting down and thinking like the "enemy" for five seconds.
I agree that at some point you have to step back and say "you're just abusing this," I just think that failing to specify price requirements is way, way, way before that point. And thus I can't agree with calling Comcast's behavior here "abuse." Especially when their price is actually not all that unreasonable.
This is monumentally stupid as they not only have no firm commitment from Google, furthermore they are losing money now because of the tax break.
<tinhat> One almost wonders if this was what Comcast wanted in the first place via lobbying. If so, that's quite some submarining.
I'm not one to defend Comcast, but $300/month for 2Gbps fiber is NOT "grossly expensive." It's the exact same product (minus SLA) they sell business customers for thousands. I'm paying $210 a month for gigabit-that-isn't from a WISP, and would jump at the chance to pay Comcast instead.
Agreed, though I think this is a case of the headline being misleading. The issue is that the tax break is being provided to a company that's doing no actual investment in fiber or providing fiber at an affordable consumer price (which is what the tax break was intended to encourage).
In other words, the lawmakers didn't think this one through properly. That, or they knew exactly what they were doing, and Comcast lent a hand.
I'd focus my gaze on the legislators who wrote a tax break with holes so large you could drive a metaphorical truck through; frankly this is an issue (badly written tax and other code that allows sophisticated parties take advantage of the system in a way that wasn't semantically intended even if it is literally permissible) FAR more broad than just this one instance, and underpins a lot of the discussion I've seen on here lately.
That said, I'm absolutely convinced that all laws must be written with the assumption that someone will try to abuse them, and after a law is written, a completely separate and independent group should "audit" it to find flaws/loopholes and fix them. Basically, treat it like security: never trust the user (i.e. the people and entities who must follow the law).
"But the rule change didn't specify that companies have to offer gigabit service at any particular price in order to qualify for the tax break"
The idea for the tax break was to bring affordable high speed to the state whereas Comcast is qualifying by offering anything but 'Comcast's 2Gbps service costs $300 per month, with $1,000 in startup fees.'
They should. As the law is written there's nothing wrong with what Comcast is doing. There's no shame in taking advantage of tax breaks, whether by a large heartless corporation, a different large heartless corporation, or a small time individual.
The answer to this isn't to rail on Comcast for taking advantage of tax breaks. It's to get lawmakers to fix the law by adding a price cap or equivalent on it so it has its intended purpose.
Municipalities restrict which companies can offer cable TV service within their boundaries based on which company is willing to pay the most money for the privilege of doing business there.
Oh God, why is this happening!? Where is the justice for this foul crime against man and nature!?
There's no reason Comcast shouldn't benefit from it.
We've got to stop corporate welfare in this country, it is getting carried away.
Google can certainly compete against a $300/mo monopoly.
Basically everyone is funding it for the percentage of them that will actually use it.
How about telling google, we'll guarantee X $$$ of account from low income people that we'll fund, instead of just throwing them free money for nothing.
It's a bunch of people arguing that we have a problem and the most likely party to fix it is the government.
But this article is an example of exactly what the government does when you give them power to control things. They write in loopholes, pork, or they just flat out do a half assed job of drafting legislation. And then we see the deluge of unintended consequences
Wake up, People! The government is not here to fix your problems.
And private firms with monopoly power aren't either.
By contrast, government intervention might well make wireless mesh networking, as a methodology for reconstructing the internet, far less plausible.
Unfortunately, we just have to be vigilant and exert our own influence to push things in a favorable direction. No one else will.
The Comcast "monopoly" is in the process of falling apart, on one side from Netflix, Amazon, and Hulu and on the other side from Google fiber, 5G wireless, mesh networking, and perhaps even the Elon musk LEO satellite Internet plan.
Ma Bell was a monopoly long before the government tried to reign it in.
The Willis Graham Act nullified the Kingsbury Commitment by which the government had tried to stop the unfettered expansion of Ma Bell, since it hadn't actually worked the government shifted to trying to regulate Ma Bell itself through the ICC (and the FCC a few years later).
And what happens to that threat when Comcast "accidentally" blocks them for an extended period of time?
"and on the other side from Google fiber, 5G wireless, mesh networking, and perhaps even the Elon musk LEO satellite Internet plan."
Which are taking their sweet ass time to find their way to consumers.
...because of government red tape.
We don't want a company deciding what we can and cannot view on the internet.
"It's a bunch of people arguing that we have a problem and the most likely party to fix it is the government."
They're the only party with enough power to do so.
"But this article is an example of exactly what the government does when you give them power to control things. They write in loopholes, pork, or they just flat out do a half assed job of drafting legislation. And then we see the deluge of unintended consequences"
And Comcast is blameless in this? Are they not run by adults, who know exactly what they're doing, and can take responsibility for their actions?
"Wake up, People! The government is not here to fix your problems."
Actually, that's kinda their entire purpose for existing.