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Maine Denies Time Warner Cable Phone Service in Rural Areas Unless They Wire Everyone Who Wants It

Phillip Dampier June 17, 2010 Competition, Public Policy & Gov't, Video No Comments

Unitel is one of five Maine telephone companies facing competition from Time Warner Cable's "digital phone" service

The Maine Public Utilities Commission has denied a request by Time Warner Cable to launch “digital phone” competition in rural Maine unless and until the cable operator agrees to completely wire every home that wants service in the affected communities.  The decision may carry national implications because it signals utility commissions have the power to stop unfair competition from companies that don’t agree to provide their service on a universal basis.

Five rural phone companies faced the prospect of trying to compete with Time Warner Cable’s “digital phone” service under requirements they provide universal service to every customer in their service area while the cable operator could cherry-pick where to provide service.

Unitel, Lincolnville Networks, Tidewater Telecom, Oxford Telephone Company and Oxford West Telephone Company told the PUC Time Warner Cable’s competitive threat was not fair because the cable company only provided service in choice neighborhoods, typically those with multiple residences adjacent to one another.  Only wiring significant population areas reduces costs for the cable operator while the rural landline providers are required to extend service to every resident in their communities, regardless of where they live.

A review by the PUC found Time Warner Cable’s request would create an undue economic burden on the rural telephone companies, reducing their value and increasing the risk of their long term survival, which would discourage investment and increase risk to creditors.

Reishus

PUC Chair Sharon Reishus: “Our decision…is taking place in a changing landscape for telephone regulation at the federal level with pending congressional and FCC actions, in the marketplace and in wireless technology. Our decision came down to an analysis of the current financial ability of the rural companies to withstand market competition if the exemption were lifted.”

“Customers in these rural areas must be assured a telephone service provider of last resort and access to lifeline services. Although the commission has a long history of recognizing the value of competition in the telecommunications market, in this instance, where Time Warner is not proposing to expand the availability of its service throughout the entire service territory of the rural companies, selective competition would undercut the ability of the rural companies to fulfill their ‘provider of last resort’ obligations.”

For years large telephone companies like AT&T and Verizon have argued that cable’s entry into the telephone business was unfair because cable companies never were required to serve every potential customer.  But instead of maintaining demands that cable match their universal service obligations, large phone companies have instead tried to free themselves from having to provide service to every possible customer.  AT&T, for example, has heavily lobbied for repeal of universal service requirements that mandate they provide telephone service to residents who live in the most rural service areas.

The Maine PUC has adopted a different standard — demanding that would-be cable competitors get busy wiring their entire communities for cable if they want permission to compete with area phone companies.  If they are not willing to do so, they cannot provide phone service to anyone in those communities.

Time Warner Cable had been seeking permission to provide phone service in rural Maine since 2008.

[flv width=”560″ height=”340″]http://www.phillipdampier.com/video/Oxford Networks.mp4[/flv]

A promotional video from Oxford Networks (d/b/a Oxford/Oxford West Telephone Company) explaining the company’s history and their investment in fiber optics.  (3 minutes)

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