Rep. Marilyn Avila (R-Time Warner Cable)

After passing through the Republican-dominated Finance Committee, Rep. Marilyn Avila’s (R-Time Warner Cable) cable company-written, anti-consumer legislation arrived in the North Carolina Senate this afternoon, where it was promptly, if temporarily, derailed over whether residents have the right to watch adult entertainment on community-owned broadband/cable networks.

That’s right… porn has thrown the state legislature into such silliness, the entire bill had to be pulled from consideration until Monday.

Here’s a quick rundown how things played out today:

♥ — H.129, Avila’s anti-broadband bill, has proved to be the first serious piece of legislation that has divided the normally lock-step Republican-controlled legislature this session.  That is entirely because YOU are putting the pressure on with your calls and e-mails to Senate members.  We have it on good authority the overwhelming amount of response to this bill from constituents has been downright hostile to the idea it should ever pass.  Consumers in North Carolina want more choices for broadband, not less.  They want increased competition, lower prices, and most importantly — better service (or at least s0me service from someone).  H.129 does none of those things.  It doesn’t deliver a single new broadband connection anywhere in the state.

♥ — Several amendments helpful to broadband development managed to win a place in the bill.  The communities of Wilson and Salisbury will get to expand their systems to cover larger areas, including the town of Faith Stop the Cap! covered earlier.  We also won a victory changing the terms of the “mandatory referendum” provision to strip away the loaded, misleading ballot question about whether cities should ‘take on more public debt’ to finance the construction of community broadband, replacing it with a fairer alternative — do you favor your community building its own broadband system. 

↓ — But we also lost a few battles. Yesterday, the industry covertly changed the definition of an unserved area from “an area where 50% don’t receive FCC basic broadband service” to a Census block, where 50% of the households don’t receive 768/200Kbps. That change annihilates the unserved area exemption. As confirmed by the highly credible e-NC authority, the industry provides its broadband data by Census block, not by household, and if a census block has just one home that receives Internet service, the entire census block is labelled as having Internet service.

Today, Senator Atwater (D-Chatham) tried to modify that definition with a much better measurement standard: “homes per square mile.”  The federal government has established that the least dense areas of the country are the most costly to serve, which explains why these areas traditionally lack broadband service or receive low speed DSL.  Atwater’s amendment targeted the 38% of the most rural areas in North Carolina to keep the door open for community broadband, but Senator Tom Apodaca (R-Hendersonville) would have none of it, despite the fact his district covers the rural expanse of the western mountains of North Carolina.  Stop the Cap! readers have shared stories with us about hanging out in parking lots using motel Wi-Fi to pay their bills online or complete homework.  In Apodaca’s world-view, that means those areas have broadband.

Now our readers will understand why we have stressed it is so important to have accurate, in-depth broadband map data.  Instead, industry-connected groups like Connected Nation conjure up maps created by unverified, provider-supplied data.  This map data is a critical part of H.129’s tragic terms and conditions.  If the maps say service exists, industry lobbyists use that to browbeat elected officials into believing there is no broadband problem, and there is no reason to allow communities to build their own broadband services.

Of course, the reality is very different.  We’ve received hundreds of messages from Americans who say these maps show broadband as being widely available in their communities, but in reality is not.  Some legislators in North Carolina have confronted this reality personally. For those that haven’t, it’s easy to accept provider arguments, cash those campaign contribution checks, and throw constituents under the bus.

We Saved the Most Ridiculous Part of Today’s Events for Last

Sen. Apodaca's obsession with adult entertainment derailed a scheduled vote on H.129 this afternoon.

When the city of Fayetteville wanted protection for their investment in fiber optics, at risk from H.129, the aforementioned Sen. Apodaca lost his mind.  Instead of protecting city funds already spent on next generation fiber, he substituted his own new amendment — to strip adult programming off community-owned broadband/cable systems instead.

You read that right. In case you didn’t, here it is again:

Sen. Apodaca would rather be the arbiter of what you can watch in the privacy of your own home than protecting community investments in broadband improvements.

So much for the “level playing field” title of Avila’s original bill.  Apodaca’s anti-porn crusade does not apply to Time Warner Cable or other private providers, so he has no problem at all if you want to pop some popcorn and settle down to some movies like “Suck It Sunrise,” “Boning Black Beauty 8” (to answer those lingering questions that went unanswered in part 7), or “Dripping Wet Lesbians,” all currently running on TWC’s adult channels.

No matter that Apodaca’s amendment is completely against federal law, which should signal how clueless some legislators are about these issues.  The Cable Act provides settled law on this subject.  Government cannot engage in cable content regulation — particularly the state and federal government.  The cable industry lobbied hard for that protection in the 1980s in part because of controversy over MTV and other “explicit” programming.  Only the local franchising authority can make decisions about the content they carry — and that means local communities get to make those decisions for themselves (47 USC 544(d)(1)).  That means Sen. Apodaca should worry about his own television viewing habits and stay out other peoples’ lives.

We’re helpers here at Stop the Cap!, so we’d point the senator to 47 USC 544(f)(1):

(f) Limitation on regulatory powers of Federal agencies, States, or franchising authorities

(1) Any Federal agency, State, or franchising authority may not impose requirements regarding the provision or content of cable services, except as expressly provided in this subchapter.

Those exceptions, by the way, have to do with changes in federal law, not the individual whims of one state senator.

Sen. Mansfield, who introduced the original amendment to protect Fayetteville, was naturally disturbed to find Apodaca’s non-germane substitute.  That promoted Apodaca to suggest Mansfield allowed his children to watch pornography, and from there the debate spiraled out of control.  After a brief recess, Apodaca returned to apologize to Mansfield, before killing the amendment to protect Fayetteville’s fiber investment for a second time.

Reviewing today’s events provides us with another edition of Legislators Out of Their League.  Apodaca’s naive amendment was not the only telling example (we know more about telecommunications law than he does.)  Yesterday in the Senate Finance Committee, Ms. Avila was utterly lost at sea as discussion ensued on amendments to the bill with her name on it.  Reduced to muttering at times, confused about the discussions dealing with the definition of underserved, her usual reaction was to oppose what she didn’t understand.  None of this is surprising considering the cable industry wrote the majority of her bill she introduced as her own.  She continues to protect their interests while ignoring yours.

This is why we continue to oppose H.129 and you should too.  We have until Monday to continue to drive the message home to state senators.  If you called or wrote before, it’s time to write and call again.  Tell your state senator H.129 is a bill written by and for the cable and phone companies.  It does not deliver any new broadband service to anyone, risks the investments communities across the state have already made, and allows a handful of big telecom companies to control North Carolina’s broadband destiny.  Considering the state achieves dead last ratings in broadband, that is the kind of control they should never be allowed to have.

Senate Representation By County

2011-2012 Session

(click on your member’s name for contact information)

Remember when Bell’s head of government affairs Mirko Bibic told Parliament usage-based billing was necessary because he didn’t think it fair that all Canadians should pay for “heavy users” of the company’s Internet service?  That was a few months ago.  This is April — time for a rate increase that will jack Bell broadband service rates up an additional $3 a month, effective in May.  That’s a rate increase every customer will pay, and comes with Bell’s everyday Internet Overcharging scheme — usage caps and overlimit fees.

Stop the Cap! reader Alex in Quebec sent a copy of his bill showing Bell’s “Price Update.”  They don’t even want to call it a rate increase.

Bell's notification to customers in Quebec their bills are going up.

“Bell Canada will increase their Internet rates by as much as 15% (for Québec ”Essential” users),” Alex says. “Although $3 may seem like a negligible charge, it especially affects those with budget Internet plans, such as Essential, E Plus, and Performance ‘Fibe’ 6.”

Bell’s website cannot even get the story straight, originally telling customers their overlimit fees would now be rounded to the nearest gigabyte, instead of megabyte.  A Bell spokesperson tells Stop the Cap! that is a typo — they really still mean megabyte.

Bell is one of the few phone companies out there actually increasing their long distance calling rates as well, Alex tells us.  The original announcement came around the same time as the earthquake in Japan, underlining how essential long distance can be during natural disasters.  Many cable companies have waived long distance fees to Japan altogether.  Not Bell.

The rate increases mean customers like ‘Jackorama’ in Hamilton will pay $56.90 for “up to 7Mbps” ‘Performance DSL’ service.  After HST fees, he’ll pay $64.30 just for broadband service, with a 60GB monthly usage limit.  If he exceeds that, he’ll pay even more — $2.50 per gigabyte, or, if he knows he’ll exceed the cap in advance: $5/month for 40 GB, $10/month for 80 GB, or $15/month for 120 GB.

That also assumes Bell can count usage correctly, and there is every indication they cannot.  The company has admitted its usage meter is prone to errors — misreads they are still prepared to bill their customers.

Time Warner Cable's office on Mt. Hope Avenue in Rochester, N.Y.

More than two years after Time Warner Cable unveiled its DOCSIS 3 cable modem upgrade for New York City customers, Time Warner Cable has begun rolling out faster speeds in the metro Rochester area.  Rochester is the last upstate city to get DOCSIS 3, and Time Warner Cable has only soft-launched the upgrade in selected parts of the area — especially on the east side extending into Wayne County.

According to a Time Warner Cable representative we spoke with this afternoon, the service can now be ordered by customers in the following towns:

• Webster
• Perinton
• Sodus
• Macedon
• Medina
• Lima
• Covington

What do these communities all have in common?  They were all suffering from some congestion problems earlier this year.  Webster, in particular, was one of the worst-impacted areas.  Our readers reported dramatic speed reductions during peak usage times, often slowing to 1Mbps during the evening hours.  The most curious town on the list is Covington — a tiny community of 1,300 in extreme northeast Wyoming County.  Time Warner solved their congestion problems, and those experienced by other towns with DOCSIS 3 upgrades.

The representative we spoke with indicated a service call is required to activate either Road Runner Extreme (30/5Mbps) or Wideband (50/5Mbps).  A modem replacement is necessary.  Rochester area customers do not pay a modem rental fee, so the replacement comes free.  Signature Home customers in these areas should soon see 50/5Mbps speeds, if they have the company’s DOCSIS 3 modem.

Time Warner Cable will slowly expand the service to their other Rochester/Finger Lakes Region customers, with an estimated completion date of early summer.  The representative warned us not every Time Warner Cable representative may have the latest information allowing customers in these areas to order the service, so if you are told it is not available yet, and you live in one of these towns, you may want to try calling again.  Most of the Rochester area operators are briefed on the expanded service, but many in Buffalo are not, we were told, and there is no way to tell where your call will be answered.

Time Warner Cable has also unveiled some new price promotions for western New York.  Time Warner Cable’s website now sells its broadband-only service for a whopping $54.95 a month for Standard 10/1Mbps service.  Turbo runs an additional $10 a month (15/1Mbps service.)  That’s $15 more per month than just a few years ago when service could be had for $39.95 a month.  Broadband-0nly customers pay the highest prices because the company wants to drive its customers into multi-service bundled offerings.  The more services you take from Time Warner, the lower the price for each of them.

But for now, Road Runner Standard can be had by new customers for $33 a month for 12 months.  Turbo costs an extra $5 per month, making the out the door price for both around $38.  After the first year is up, prices go up.  Time Warner Cable in Rochester can be reached at (585) 756-5000.

Your view

Would you like an AT&T cell tower within 100 feet of your home?  Some residents in Walnut Creek, Calif. are on the verge of finding out if AT&T wins approval to install a cell tower on property belonging to St. Stephen Church, located in the middle of the Buena Vista subdivision, filled with residential homes.

Now, a local neighborhood group is charging AT&T with playing power politics by using their connections with local civic groups to influence local officials to quickly approve the cell site.

Some residents suspect the local government is more than a little cozy with the Walnut Creek Chamber of Commerce.  It’s newly installed chairman of the board just happens to be Ken Mintz, area manager for AT&T.  Although Mintz says his job does not involve choosing or lobbying for cell tower sites, he is responsible for meeting with local officials on an ongoing basis to discuss AT&T business matters important to the company.

Mardi Veiluva, leader of the Walnut Creek Buena Vista Neighborhood Group, considers AT&T too close for comfort with city officials.  The group points to the city planning commission being predisposed to accepting AT&T’s word that the church is the only possible place for the new cell tower, even if it is within throwing distance of nearby homes.

The group also claims the city failed to follow up on what they feel is false information purposely given by AT&T to city officials in order to sell their tower siting arguments.

The group won a city council directive to force AT&T to fund the hiring of an independent consultant to review the facts and get back to the council about possible alternative cell sites, but was disheartened when the city hired the consultant in a closed process, not subject to an open review.

The city hired Los Angeles-based Kramer Firm Inc., a decision immediately questioned by some group members over alleged favoritism to AT&T.  Firm owner Jonathan Kramer has more than two decades experience dealing with utilities, and has hardly been their best friend.  In 2003, Kramer blasted Comcast for improperly grounding their cable lines in Modesto, Calif.  Kramer has no ties to AT&T.

AT&T plans to add at least 55 cell tower sites in greater San Francisco in the near future to address congestion and signal problems.

AT&T claims Mintz is not influencing anyone in his position, city officials deny being lobbied by Mintz, and local residents will probably unsatisfied no matter who agrees to AT&T’s cell tower placement recommendations.

This brings the inevitable conundrum: people want improved cell service in their local communities, so long as cell towers are located far away from their neighborhoods.

Cell phone companies invariably defend their choices for cell tower sites as the best, if not the only option.  Nearby residents protest, and often local officials have to find a compromise location, or insist on efforts to camouflage the resulting tower (with varying degrees of success.)

Verizon 4G users across the country are still without their super-fast wireless service thanks to a major outage that wiped the LTE network out for users of the HTC Thunderbolt, Samsung Charge, and mobile broadband units from Novatel and Samsung.

The network has been down since late Tuesday evening, and Verizon took their sweet time telling customers, only admitting the outage after media outlets began reporting on it.

Verizon Wireless spokesman Jeffrey Nelson says 4G users are temporarily being punished with data sessions that use Verizon’s ancient 1XRTT data connection — largely worthless for most broadband apps:

We are aware of an issue with 4G LTE data connections and our network engineers are working to resolve this quickly. We have determined the cause of our issue and are working with our major vendors to restore connections.

• 4G LTE Smartphones will still be able to make calls.
• Customers are temporarily unable to activate any 4G LTE devices.
• Please note: Customers may experience a 1XRTT data connection during this time.
• After determining the cause of our 4G LTE network connection issue, we are continuing to work to restore connections.
• We expect to see the network restored on a market-by-market basis. Timing and additional details will be provided as they become available.

Lucky for Verizon comparatively few customers rely on LTE service.  As of late Wednesday evening, the service remains down.