Dingell

Rep. John Dingell has told FCC Chairman Julius Genachowski to drop broadband reform because the Michigan Democrat has not received a detailed reply to his letter about the matter sent back in May.  The Hill reports Dingell doesn’t like to be kept waiting for responses to his “Dingell-grams.”

“I find it wholly frustrating that Chairman Genachowski, after nearly two months, still has not responded to my questions about the classification of broadband Internet access services,” Dingell said in his letter.

Dingell added that he has “serious concerns about the FCC’s proposed course of action” and that Congress has “intense interest” in Genachowski’s plans.

In his May letter, Dingell had said he doubts Genachowski’s plan despite his support for network neutrality rules, which the FCC hopes to enact under the authority it would gain through its administrative maneuver.

“I feel Chairman Genachowski’s responses to my questions would be invaluable in informing the debate on the matter,” Dingell wrote this week.

He said the FCC should not proceed with Genachowski’s proposal to boost its power over Internet service providers through a regulatory maneuver known as “reclassification.” In his original letter, Dingell expressed “grave concern” that Genachowski’s plan risks reversal by the courts, putting “at risk significant past and future investments, perhaps to the detriment of the Nation’s economic recovery and continued technological leadership,” he wrote at the time.

Dingell’s days of putting his constituents first are well past.  He is the longest currently-serving Congressman and the third longest serving Congressman in the history of the country.  These days, having Washington officials bow before him is a much higher priority.  In a petulant letter sent to the chairman on July 20th, Dingell puts a deadline, in bold, for Genachowski’s reply.

Genachowski is probably wasting paper and time responding, considering Dingell already made public his opposition for broadband reform back in May when he wrote, “I have strong reservations about the course the commission is presently taking.”  Dingell said he’s worried that Genachowski’s proposal would be struck down in court, puts at risk “significant” past and future investments and could even “paralyze” other regulatory initiatives.

The reasons for his opposition amount to little more than concern trolling.  The telecommunications industry already challenges virtually every controversial policy enacted by government in the courts, threatens to slash investment in providing broadband service to those they’ve shown little interest in serving before, and do not deserve credit for “technological leadership” as the United States falls further behind others in broadband rankings.  The only threat to the national economic recovery from some cable and phone companies is another rate increase eating away at already tight budgets for most Americans.

Dingell’s latest noise opposing broadband reform brought praise from the U.S. Telecom Association, a group run by and for major broadband providers.  That should not be a surprise either, considering the USTA is Dingell’s 14th largest campaign contributor, donating $9,000 so far this congressional term.

Telecommunications interests who oppose pro-consumer broadband reform are among Dingell’s biggest contributors (in order of ranking):

Open Secrets reminds us this is a big money, high stakes fight with special interests pouring tens of millions into an all-out effort to stop meaningful broadband reform:

Since the start of the 2008 election cycle, telephone utility companies have given $12.7 million to federal candidates and party committees and spent $118.7 million on lobbying. Current lawmakers have collected $37.9 million from the industry, with Republicans collecting 51 percent of that.

The computers and Internet industry has spent even more money politicking and has leaned a little more heavily toward Democrats, giving current members of that party 60 percent of their nearly $50 million in total contributions. The industry has also spent $331.4 million on lobbying since 2007.

As the top all-time donor to federal politics, AT&T may have an especially strong standing on Capitol Hill. The company’s employees and political action committee have given $22.6 million since 1989 to current lawmakers through their candidate committees and leadership PACs, with 52 percent of that going to Republicans.

Verizon, too, is considered a “Heavy Hitter” for its extensive contributions over the years to federal political candidates. Current lawmakers have collected $9.2 million from Verizon’s employees and political action committee since 1989, with Democrats receiving 51 percent of that.

[...]

Here are the current lawmakers to bring in the most through their leadership PACs and candidate committees from telephone utility companies since 1989:

Opposing broadband reform that ultimately helps your constituents in return for campaign contributions and praise from groups like the USTA is business as usual in Washington.  Dingell’s outburst shows he’s forgotten exactly who he is supposed to be representing in this debate — his Michigan constituents, facing ever-increasing broadband bills.

Frontier Communications filed suit Tuesday against Google claiming the search giant stole its patent for giving users one phone number connecting their home, work and cell phones, the core feature of Google Voice.

Frontier, the independent phone company based in Stamford, Connecticut, claims it holds the patent for allowing a subscriber to “be reached on multiple telephone lines from a single dial-in number.”

“Google’s deliberate infringement of the patent has greatly and irreparably damaged Frontier,” the lawsuit charges.  Frontier is seeking unspecified damages and an injunction to stop the use of the technology.

The lawsuit distracted from Google’s announcement that Google Voice was out of beta and now available to anyone in the United States.  Google Voice lets users obtain a free phone number that will ring multiple telephones and screen calls.

The one number follow-me feature is hardly new to either Google or Frontier.  Phone companies have offered similar features to businesses through telephone products like Centrex since the 1960s.

Frontier filed its lawsuit hours after the U.S. Patent and Trademark Office issued Frontier’s requested patent.

“We believe these claims are entirely without merit, and we’ll defend against them vigorously,” said Google spokesman Andrew Pederson.

Frontier will likely face an uphill battle in its lawsuit, because the company’s patent request from 2007 comes two years after Google Voice’s predecessor, GrandCentral launched service in 2005.  Google acquired GrandCentral in 2007, rebranding it as Google Voice. GrandCentral offered the same “one number” feature Frontier is complaining about two years before the phone company applied for its patent.

Perhaps Frontier’s lawyers might acquaint themselves with the concepts of “prior art” and “first-to-invent.”

AT&T: 'If you don't do what we say, we're taking U-verse away!'

AT&T is threatening to pick up its toys and go home if the Federal Communications Commission tries to bring back its oversight powers over broadband.

CEO Randall Stephenson threw a major hissyfit in the pages of the Wall Street Journal, annoyed the company doesn’t have free rein to do whatever it wants.

“I’m a 3-2 vote away from the next guy coming in and [trying to regulate us], [and] I take it away,” Stephenson said, referring to it’s U-verse IPTV service.

AT&T has threatened to cut spending on U-verse deployment if AT&T faces regulations like Net Neutrality in its broadband business.

“If this Title 2 regulation looks imminent, we have to re-evaluate whether we put shovels in the ground,” Stephenson said, claiming the company planned to spend a “couple billion” dollars a year on the service… until now.

But AT&T has already cut spending on U-verse, slashing $2 billion in U-verse investments in 2009 alone — news trumpeted to shareholders.  Additionally, AT&T has laid off thousands of employees.  In short, the threats the company made this week have already come to pass… more than a year ago.

Many analysts claim AT&T is bluffing.  Like most landline providers, AT&T is losing traditional phone customers who are disconnecting their wired phone lines.  Its wireless division has been pummeled for inadequate 3G coverage, poor customer service, and lousy reception in many areas.  AT&T can’t afford -not- to upgrade their services if they wish to retain customers.

The cable television industry certainly hopes AT&T isn’t bluffing.  They are enjoying AT&T’s disconnect business as customers dump inadequate DSL service and overpriced phone lines for cable-provided alternatives.

When the 60 Minutes franchise shows up to run a 15 minute story on your corporate crisis, you know you’re finished.

The scene: Telecom New Zealand’s heavily-marketed XT mobile broadband 3G network has collapsed for the fourth time since December, leaving hundreds of thousands of customers without service, government ministers apoplectic about ongoing service problems, and now resignations among senior Telecom officials falling on their swords for endless technical faults that bring excuses and promises of better service that never quite come true.

One Telecom solution: Video their customer service center’s employees trying to cope with a telecommunications crisis in the country in hopes the carefully edited footage, made available to the media, would humanize the company’s own incompetence.  It didn’t work as Telecom New Zealand’s 3G customers rushed for the nearest exits, canceling service and demanding no fee be charged for doing so.

To add insult to injury, after four network crashes, Telecom’s administration of the country’s emergency help line 111 (equivalent to 911 in North America) revealed lapses there as well, when the line suddenly stopped working for several hours.  The problem was discovered not when a Telecom technician discovered it, but rather when a police officer found it strange there were no calls to respond to and called the number himself to test it, finding no response.

60 Minutes aired Telecom’s dirty laundry and pressured Telecom’s CEO to respond to exasperated customers often left without service for days. He blamed Alcatel-Lucent for the problems.  Paul Hamburger, mentioned in this report, resigned earlier today. (15 minutes)

Cablevision characterizes the dispute as a "TV tax" on its subscribers

More than three million Cablevision subscribers in New York, New Jersey and Connecticut are without their local ABC station as another retransmission fee dispute reached an impasse late Saturday night.

WABC-TV, the top-rated television station in New York went dark on Cablevision customer screens Sunday morning, potentially depriving cable customers access to tonight’s Academy Awards telecast.

“If Cablevision is serious about doing right by their customers and returning ABC7 and its programming to them, then they need to act now. The ball is in their court,” WABC-TV president and general manager Rebecca Campbell said in a statement.

The station says it sent Cablevision a new proposal earlier today, but Cablevision had not yet responded.

Cablevision argues it already pays $200 million dollars a year for Disney-owned cable networks like ESPN, and WABC’s request for what the company characterizes as $1 per month per subscriber is too much.

Cablevision is telling subscribers “it is wrong for ABC to demand $40 million in new fees to help pay the salaries and bonuses for top ABC executives” and characterizes the additional fees as a “TV tax.”  That argument might have some sway had Cablevision not recently agreed to some hefty pay raises and bonuses for its own management, while customers faced another rate increase.

Coming just two months after another high profile dispute between the cable operator and Scripps’-owned Food Network and HGTV, some Cablevision subscribers have had enough.

Stop the Cap! reader Jen said she ordered Verizon FiOS for her Long Island home as soon as she heard about the dispute.

“We’ve been here before and I just knew these guys would not get serious about negotiations until after the station was pulled, and I’m tired of them playing with my lineup arguing over who gets my money,” Jen writes.  “Verizon FiOS had a great sign-up offer and they don’t have these bull-headed disputes that drag customers into the middle of the ring to get repeatedly gored.”

Jen’s service was installed Friday, so she’s enjoying tonight’s Oscar telecast while her neighbors might not.

“Maybe we’ll have them over so they don’t have to play around with rabbit ears,” she adds.

Cablevision has been hounded by politicians who are also annoyed with programming disputes.  Cablevision says it would agree to binding arbitration and wants the Federal Communications Commission to intervene.  Both possibilities are highly unlikely, however.

What is likely is the high profile Academy Awards broadband will act as a de facto deadline for the two sides to hammer out a final agreement in time to allow WABC back on the lineup.  Most likely, both sides will settle around the 50-60 cent range for New York’s channel seven.

WABC-TV New York tells viewers Cablevision dropped channel 7 early Sunday morning after negotiations failed to resolve a dispute over fees. (2 minutes)

http://www.phillipdampier.com/video/Cablevision Dispute WABC 3-5-10.flv

Cablevision is running this message for subscribers explaining the loss of WABC-TV from the cable lineup. (3 minutes)

Princeton, Kentucky

A cable technician and his supervisor were jailed late last week after a customer dispute escalated into a shoving match between the Mediacom employees and the Princeton, Kentucky police.

Under arrest are Shannon K. Parker, 46, of Indian Avenue, Oak Grove, and 55-year-old Phillip R. Tosh of Centennial Drive.

Police officials responded to a call from 509 North Jefferson Street over an argument between a customer and the cable technician.  When police arrived, they report Parker was using loud, obscene language and refused to follow police instructions to calm down.

Tosh, a Mediacom supervisor, then joined the fracas and reportedly shoved one of the officers attempting to take Parker into custody.

The Times-Leader reports both men were arrested and lodged in the county jail.

Parker was charged with disorderly conduct. Tosh was charged with third-degree assault on a police officer and hindering prosecution or apprehension.

The investigation continues, and other charges are possible, police told the newspaper.

The elusive Dell 10v Netbook promised to new Comcast customers back in August is MIA for hundreds who took advantage of the promotion

Five months after Comcast ran a promotion for new customers including a free Dell 10v netbook, many customers across the country are still waiting to receive the computer.

Back in August, Comcast matched a Verizon FiOS promotion promising a netbook to new customers signing a two-year service contract for a $99 monthly “triple play” package of telephone, broadband, and cable programming.

Visitors to Comcast’s website were offered:

HD Starter Triple Play

NEW SUBSCRIBERS: Get a free Dell 10v Netbook with the HD Starter Triple Play for only $99 a month for 12 months and a 2-year minimum term agreement. Plus, you’ll continue the savings the following year with a price of just $10 more per month.

• Free HD – no HD access fees or equipment fees.
• Over 80 digital cable channels.
• Thousands of On Demand movies and shows.
• Internet downloads up to 15 Mbps, uploads up to 3 Mbps with PowerBoost®.
• Unlimited local and long-distance nationwide calling – rated #1 in call clarity.
• Voice Mail and 12 popular calling features including Caller ID, Call Waiting and more.

The campaign apparently shared something else in common with Verizon’s promotions — customers left high and dry wondering when the promised bonus will arrive.

Customer attempts to contact Comcast have met with a wall of excuses and broken promises, and often still no netbook.  Other customers were told they failed to “qualify” for the promotion for not precisely following the terms and conditions that were never explained to them.

Comcast representatives have told customers they lost out because:

• They failed to return a copy of the signed contract committing to two years’ of service, despite insistence from customers who claimed they had;
• Comcast had two promotions running at the same time that were nearly identical, though one offer did not include a netbook. Customers were told they were signed up for the promotion that didn’t include the netbook.
• Customers had to make three or four consistent payments for service, before the due date, or they would forfeit participation in the netbook promotion.
• The customer waited too long to complain about the missing netbook.
• The customer was now a TV customer, and therefore didn’t qualify for the promotion.
• Tri-Star/Checkmyrebate.com, the third party fulfillment center handling the promotion didn’t receive/rejected the customer’s promotion request.
• They lost the paperwork.

Although some customers began receiving the promised promotion more than 120 days after signing up for Comcast, hundreds more are still waiting, and complaining.  A few managed to obtain service credits up to $299 (the retail cost of the Dell 10v) and told to “go buy your own.”   One Seattle television station intervened to help a Kenmore resident finally secure one in January, despite hopes it would have arrived before Christmas for re-gifting.

Escalating the matter to executive customer service is usually the best way to cut through Comcast’s red tape and secure the promotion customers are entitled to receive.

Darren, a Comcast customer who waited months for the cable company to make good on their offer gave some advice:

I started posting on Facebook and Twitter and immediately received a twitter from @ComcastMelissa and @ComcastBonnie. They told me to email: we_can_help@comcast.com and provide my account information so they can get me my netbook. I received an email from Sherri Carson, (Sherri_E_Carson@cable.comcast.com) at the corporate office – national customer service. On January 7th, 2010 she said “This is going to take about 2 weeks at the most. Sorry, I know you should have received some follow up, but I’m on it.”

The kicker: I emailed her yesterday to say hey, two weeks is almost up and I haven’t heard anything. Here is her response: “You should be receiving your netbook no later than 2/19 at the latest. I will get you a tracking number as soon as I get one. You can check this site in about two weeks.

Just don’t get your hopes too high for a Dell netbook.  Many finally receiving their promotional gift report an Asus Eee PC arrived instead.  Comcast put that in the fine print as well  — it reserved the right to make substitutions.

KING-TV Seattle helped this Kenmore, Washington viewer finally get her promised netbook after signing up for service in August, 2009.  A Comcast executive personally pleaded for her to stay with Comcast, despite the promotion problem, in this report.  (2 minutes)

Negotiations between Scripps and Cablevision continue to drag on in the northeast as New York, Connecticut, and New Jersey Cablevision cable subscribers go without their HGTV and Food Network.

Progress has been incremental at best as Cablevision continues to refuse to accept paying the increased fees Scripps wants.  Cablevision’s declaration that is expects to never carry Scripps programming again doesn’t help.

Meanwhile, Food Network president Brooke Johnson has been running from one news channel to another to talk about Scripps’ position on the dispute, and that “hundreds of thousands” of viewers have complained about the loss of their two networks, a number Cablevision disputes.

Pali Research analyst Richard Greenfield, who covers the cable industry, defended Cablevision, giving credit to the Dolan family that owns Cablevision for standing up to Scripps’ rate increase request.

Greenfield accused Comcast and Time Warner Cable of “essentially rolling over” in their negotiations with Scripps, agreeing to price hikes for their networks, an allusion to Time Warner Cable’s campaign to fight back against programmer price increases.

If those cable companies “had taken a far harder stance with Scripps, Cablevision’s pushback may actually have forced Scripps’ hand,” Greenfield wrote.

Still, most viewers could care less about the power plays between cable and the programmers.  They just want their HGTV and Food Network back.

WCBS-TV New York ran these two reports during their 6pm and 11pm newscasts describing the battle between Scripps and Cablevision, and consumer reaction.  (4 minutes)

http://www.phillipdampier.com/video/WTNH New Haven Cablevision Dispute 1-7-10.flv

Same story, different city as WTNH-TV viewers in New Haven, Connecticut share their views on the dispute.  (2 minutes)

http://www.phillipdampier.com/video/CNBC Brooke Johnson Cablevision Scripps Dispute 1-4-10.flv

Food Network president Brooke Johnson appeared on CNBC to take questions about the dispute and changing business model of cable TV and programmers.  (5 minutes)

Johnson also turned up on Fox Business News to discuss the dispute, how negotiations are going, and how viewers are reacting.  (6 minutes)

http://www.phillipdampier.com/video/Bloomberg Brooke Johnson Cablevision Dispute 1-4-10.flv

…And Johnson also appeared on Bloomberg News accusing Cablevision of paying themselves top dollar for AMC, a network they own, while refusing to negotiate over a price increase for the “more popular” HGTV and Food Network amounting “to pennies per subscriber.”  (6 minutes)

News Corporation chairman Rupert Murdoch

The days of finding free access to News Corporation’s online content, from Fox News to the New York Post to Sky News are numbered, according to chairman Rupert Murdoch.

Murdoch spent several minutes with Sky News Australia political editor David Speers lamenting the mistake News Corporation made in providing free access to its news stories and content websites, declaring the free ride is about to end with the near-universal introduction of “paywalls” requiring Internet users to open their wallets to read or watch their content.

Murdoch says he wouldn’t mind a substantial decline in web traffic from visitors who currently find his companies’ content through Google news and content searches, claiming advertisers don’t place much value on one-time visits.  He prefers customers willing to pay.

Murdoch suggested most of News Corporation’s content will end up looking similar to today’s Wall Street Journal — a few sentences for free and then an invitation to subscribe to read more.  Videos could cost more.

Murdoch accused Google and other indexing services of “stealing” content, and when asked if he would be willing to request that Google stop indexing his websites, Murdoch replied, “I think we will.”

MSNBC’s Rachel Maddow had fun with that answer last night, pondering how Murdoch will attract audiences to his content when the company refuses to allow search engines to index it.

Rachel Maddow comments on Rupert Murdoch’s apparent plan to ban indexing of his websites’ content by Google. (11/9/09 – 1 minute)

Sky News Australia was in no position to seriously object, as they are partly owned by News Corporation themselves, and Murdoch had little to fear from Speers’ gentle treatment of the media icon.

Among the company’s global media properties:

Phil Kerpen (left) waits his turn while Glenn Beck explains the Marxism connection in Net Neutrality

Glenn Beck, who is America’s biggest argument for mental health parity in health care reform, has turned his paranoid ravings to the subject of Net Neutrality, suggesting the whole concept is one giant government conspiracy to take over the Internet.  To prove the point, he brings on Phil Kerpen, policy director and master astroturfer for “Americans for Prosperity,” which should really be called “Telecom Companies for Prosperity.”

Glenn Beck believes there is a conspiracy by Obama Administration officials, working with “Marxists and Maoists,” to secretly gain control of the Internet through the implementation of Net Neutrality, and to prove it, he brings on a guy whose paycheck depends on the corporate contributions from big telecommunications companies that want him to pretend he represents actual consumers.  The real conspiracy was sitting just six feet away from Glenn, but he missed it because he was too busy rearranging pictures of Mao Tse-Tung and others on his magnetized chalkboard.

Drawing chalk lines and stacking and re-stacking pictures like some sort of deranged episode of The Hollywood Squares doesn’t actually prove a conspiracy, but I’ll take Mao Tse-Tung in the center square to block!

In a remarkably fact free ten minutes, Glenn’s photo album of the guilty got star billing, as he labeled those who personally crossed swords with Beck or Fox News as “Marxists.”  Van Jones, who founded Color of Change, the organization that coordinated an effort to strip Beck of virtually all of his mainstream paid advertisers after Beck accused President Obama of being racist against white America is there.  Rahm Emanuel and Anita Dunn, both of whom referred to Fox News as an arm of the Republican Party are there (Emanuel “is just evil, not a Marxist” according to Beck, while Dunn is a “Maoist.”)  Robert McChesney, who co-founded Free Press, one of many public interest groups fighting for Net Neutrality is there as well.  He’s the ‘real string puller and master conspirator’ here, according to Beck and Kerpen.

At times, this theater of the absurd left Kerpen with an odd look on his face, reduced to simply looking up at Beck, who spent large amounts of two segments on the all-important issue of moving and labeling pictures of his personal enemies around like a 14 year old throwing a temper tantrum.  It’s hard to argue Americans for Prosperity represents the sane position on Net Neutrality after Kerpen’s ten minute Beck Affirmation Session.

Part one of Glenn Beck’s rant on Net Neutrality with Americans for Prosperity’s Phil Kerpen on October 20th (6 Minutes)

When dealing with people not entirely there, sometimes it is safer to just humor them while you seek a graceful exit.  But Kerpen played along with Beck’s label gun, and as we’ve seen all year, co-opted the paranoia among some conservatives that Net Neutrality, the Fairness Doctrine, and President Barack Obama are all conspiring to silence Glenn, right wing talk radio, and sooner or later all dissent.

Beck opens the discussion by fundamentally misunderstanding the very definition of Net Neutrality.

“Net neutrality. This is that everybody should have free Internet, right?,” Beck asks Kerpen.

“Well, essentially. You know, they dress it up the way they dress up a lot of their things. They turn it upside-down by saying that evil corporations, phone and cable corporations are going to block what we can do block or we can say,” Kerpen responds.

In fact, Net Neutrality has nothing to do with giving away free access to the Internet.  It is about preserving the free exchange of ideas that would allow Glenn, and anyone else, to talk about whatever they want online without fear a broadband provider would interfere with their content, slow access to it, block it, or charge extra to make sure it gets through to people at reasonable speeds.

Beck tried to conflate Net Neutrality with a government plan to give away access to everyone at taxpayer expense.

“I don’t remember anybody saying in the 1930s that everybody had a right to radio and we gave away free radios for the government. And I don’t remember anybody in the ’50s everybody deserved a free television, but that’s where we’re headed now. So that neutrality – I want to get to that later on in the week,” Beck said.

Perhaps Beck will educate himself on Net Neutrality by that time.

Kerpen knows better, but he’s paid to distort the issue.  Stop the Cap! consumers encountered Americans for Prosperity in North Carolina this past summer who were duped to show up to support state measures restricting municipal broadband projects in the state.  They thought they were there to support a-la-carte cable programming options and to oppose Obama Administration “emergency powers” to control the Internet.  Upon learning the true nature of the legislation at hand, a number of them ended up on our side.  They hate big telephone and cable monopolies too.

Americans for Prosperity is largely funded by corporate interests, which makes it unsurprising they would echo their talking points.

Kerpen’s fear factory that Net Neutrality represents a way for government to demand balance on websites is laughable, but then we know better.  For a crowd that already believes in the basic construct of Glenn Beck’s world view, it’s entirely believable.  That’s a shame, because it is Net Neutrality that ultimately will protect their access to Glenn’s online content without blockades or extortionist pricing from broadband providers.

Part two of Glenn Beck’s rant on Net Neutrality with Americans for Prosperity’s Phil Kerpen on October 20th (5 Minutes)