Are "Bits" "Just Bits?" Almost Never

What is the difference between Comcast selling cable TV service and Comcast selling a IP-delivered video service? Answer: potentially only the regulatory regime each service operates under. There are, to be sure, many important business ramifications. But video services regulation now is as broken as voice regulation has become, as virtually all services and all networks use Internet Protocol.

For purposes of engineering, it often is true that "a bit is just a bit." For business and regulatory purposes, that almost never is the case. It matters who sold a bit, who bought a bit, where the seller is located, where the buyer is located, what equipment was used to receive and use the bits, what sort of network the bits moved over, and any number of other distinctions.

These days, in the video entertainment business, a key distinction exists between a "managed network and service," and the "un-managed Internet," as different rules apply to treatment of bits in each bucket. Basically, entertainment bits delivered over a virtual "managed network" are exempt from "Internet" rules, even when delivered over the same physical network.

The reasons are largely because in the past legacy services including voice, TV, newspapers and data services were regulated in distinct ways, and those distinctions remain in place, even if the technology used for delivery now has largely converged.

There are many practical implications, though. Comcast can use a managed approach to deliver hundreds of gigabits worth of data, 24 hours a day, seven days a week, as "cable TV," without charging any of that usage against a customer's broadband access bandwidth allocation.

Data services purchased by business users likewise are exempt from the "Internet access rules."

But Comcast cannot, on its "high speed access" service, discriminate between different bits, meaning all services are "best effort" only. And usage of bits in that manner have a physical cap, each month.

So the reality is that some bits on Comcast's network are treated one way, other bits get treated differently, from a regulatory point of view. That means users are not "charged" usage for watching television bits sold as part of Comcast's Xfinity video service.

Users are charged for using any "Internet" apps, though. In the same way, Verizon's users are not charged for use of IP voice services as part of their high-speed-access services, even though, increasingly, every service Verizon delivers uses IP and flows over the same facilities.