The bill is pending in the House Ways and Means Committee, whose chairman, Rep. Bill Faison, sees the moratorium as an attempt to protect the powerful cable monopoly. Faison, a Democrat who represents Orange and Caswell counties, is meeting Wednesday with representatives of the telecommunications industry and local government leaders to discuss options.

Senator David Hoyle (D-Gaston) couldn’t get his Senate bill the time of day in the North Carolina House, so he attached it to a popular House bill to extend the e-NC Authority — North Carolina’s initiative to promote better broadband.  Now a good bill is infected, like a virus, by Hoyle’s tireless work on behalf of Time Warner Cable.

Hoyle, who has cashed checks from the cable and phone lobbies for years, is proud of sticking it to consumers in his state.

“I want my bill passed. They want their bill passed. So, if they want theirs, they’re going to have to take up mine,” Hoyle told WRAL-TV.

Hoyle, who plans to retire at the end of his term, faces no consequences from Gaston County voters, so he doesn’t care if his bill effectively protects incumbent cable companies who have raised their rates far above the rate of inflation for years.  Hoyle wants a one year moratorium to stop local communities from building their own broadband networks to improve service to residents and deliver lower pricing.

One community that escaped Time Warner’s relentless rate hiking is Wilson, where a municipal broadband project called Greenlight effectively forced a red light on Time Warner’s plans to increase rates in the community earlier this year.  Wilson was the only city we could find in the state where rates remained the same, and residents have Greenlight and city officials to thank for that.

Hoyle and his friends at the cable company are outraged at the thought of North Carolina communities stopping the rate hike gravy train.  After all, less money for Time Warner equals less money for campaign contributions to friendly politicians.

“Do we, as government, want to get in competition with private enterprise and my answer to that is no, and I am passionate about that,” Hoyle said.

If only his constituents could afford to pay him enough to be passionate about their interests.

Rep. Bill Faison, (D-Orange), is among the lawmakers sponsoring the broadband stimulus bill, which was a sure thing until Hoyle got his hands on it.  Faison called Hoyle’s amendments anti-competitive and pro-rate increase, both bad for North Carolina consumers.

“I decide what gets put on the agenda,” Faison told the Charlotte Observer. “It’s unlikely that any bill with a moratorium in it has a chance of getting through the House.”

Hoyle’s strenuous efforts to perform legislative gymnastics on behalf of cable and phone companies have not gone unnoticed by Faison.  He suggested Hoyle’s latest move represented an “interesting political maneuver,” but he doesn’t intend to sit still for it.  Faison and other pro-consumer legislators are meeting this week to consider how to strip Hoyle’s nonsense out of HB1840 and shove it in the nearest trash can.  For comparison purposes, here is the original bill.

Consumers show no love for Time Warner.  Charlotte residents had choice words for their cable company when they learned it was behind the push to stop municipal competition:

◊ Time Warner is about to pay for being jerks to their customers, and it’s high time.

◊ Time Warner cable: I hope they rot. It’s about dang time that municipal governments started providing free broadband to their citizens. The fact that multiple households need their own wireless routers, broadcast on different channels, is a totally inefficient use of technology. Companies like TW Cable want to keep citizens constrained, which runs totally opposite to the promise of the Internet. Find out which boneheads in the Senate are pushing for this and vote them out. They’re clearly more interested in money from the cable companies than in serving their constituents.

◊ For cable to argue unfair competition is laughable when they operate a virtual monopoly.

◊ Instead of fighting this legislation, why doesn’t Time-Warner Cable focus on making its service so reliable and reasonably priced that no city or county will seriously consider managing this themselves? I find it hard to believe any local government could actually run this type of technology more efficiently than a company with TWC’s resources can, but the threat of competition helps keep TWC on their toes. P.S. I lost my TWC signal for 90 minutes this past Sunday right in the middle of the US Open and Brazil-Ivory Coast World Cup game. Nice.

A vote on the House measure is imminent, so North Carolina consumers should be contacting the House Committee members listed below and urge them not to allow any part of Hoyle’s language to remain in HB1840.

Click here to view the embedded video.

WRAL-TV in Raleigh discusses Hoyle’s language and how it ended up in a broadband stimulus request bill.  (2 minutes)

House Ways and Means/Broadband Connectivity Committee

This article contains the following correction since original publication: Our original article did not fully explain the bill to which Sen. Hoyle attached his municipal broadband moratorium. For clarification purposes, that bill is HB1840, legislation to extend the authority of the e-NC Authority. Our original article carried WRAL-TV’s language that said the bill provided for “$5 million in federal stimulus to help provide high-speed Internet access in parts of the state.” While that would be nice, it wasn’t an accurate characterization the bill’s intent.  Our apologies for the error.

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Brian is integrally involved in Greenlight, the highly-recommended municipal fiber to the home broadband service in Wilson, North Carolina

Because of our Internet disruption late this morning and into this afternoon, and the time considerations in the ongoing fight against anti-consumer nonsense from the likes of Senator Hoyle, I am going to re-post an article from Brian Bowman, who is one of the hardest fighters we have for the municipal broadband option in North Carolina.  He has an excellent round-up of the latest events.  We’ll launch another Call to Action shortly once we coordinate our response to this latest attempt to throw North Carolina residents under the bus.

Paper: Muni Broadband Bill Quietly Tucked Into Another Bill

by: Brian Bowman, Save North Carolina Broadband

Okay, I know there’s a lot to keep up with in this ongoing battle, but there’s a new development you need to know about. According to the Greensboro News and Record’s Mark Binker, the municipal broadband moratorium from Senate bill 1209 has been moved to another bill, House bill 1840; apparently to get around a committee that the sponsor, Sen. David Hoyle (D-Gaston), considered unfriendly.

Here’s today’s story, courtesy of the News and Record:

For those watching the municipal broadband moratorium bill (background from me here and from the N+O here) you have another bill to keep track of.

The Senate Rules Committee attached the broadband study and moratorium as constructed in S 1209 and dumped it into H 1840, which has to do with extending E-NC authority.

Sen. David Hoyle (D-NC)

I asked Sen. David Hoyle, chairman of the Rules Committee, why he was sending over a bill that has already passed the Senate.

“I’m sending it over with something the House likes,” Hoyle said. “I can’t get a committee hearing on the broadband.”

Rep. Bill Faison, the House committee chairman holding onto the bill, attended Senate Rules to watch the proceedings but did not comment to the committee.

This is the legislative version of trading paint. If the House fails to concur on H 1840, the measure will be sent to a conference committee. At that point, if no senator signs off on a conference report, the bill goes nowhere. So Hoyle can say, give me a hearing on the muni broadband bill or I lock up you E-NC bill.

“All I’m asking for is a hearing, an up or down vote,” he said. “It’s not fair for someone just to hold my bill and not hear it.”

That collective coffee spit you just heard was Senate Republicans thinking to themselves about all the bills they can’t get heard in their own chamber.

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North Carolina: the fight against S.1209, the municipal broadband moratorium bill that stops communities from building their own broadband alternatives now moves to the House Ways and Means/Broadband Connectivity Committee.

All 15 members are listed below.  You need to call and e-mail them and let them know you vehemently oppose this anti-consumer legislation as it stands.  Let them know you want that one year moratorium out of this bill at all costs.  Better yet, considering the study group mandated by the bill doesn’t include any consumers, just throw the whole thing out.  The only study that needs to be done is why North Carolina is near the bottom of the 50 states in broadband rankings.  Municipal providers can change that and revitalize local economies, create new high-tech jobs and help advance health care and education.  You can accomplish none of these things with a one-year roadblock on broadband progress.

Some of our allies on this legislation have been forced to mute their opposition, trying to avoid an even worse bill that could make a municipal broadband moratorium permanent.  That means North Carolina residents have to be on the front lines of opposition more than ever.

Let legislators know you understand some groups representing towns and cities in the state may have stopped fighting against the bill, but that doesn’t mean they endorse it.  More importantly, as a voter, you oppose the bill.  If you are personally served by one of these 15 representatives, let them know their vote is being carefully watched.  Will they stand with the people of North Carolina who want better broadband and believe local government should be able to provide it, or do they stand with Time Warner Cable, AT&T and other telecom companies seeking a one year moratorium that guarantees another year of high prices, inadequate broadband, and no alternatives for towns and cities that want better options.

As always, be polite, persuasive, and persistent!  Phone calls work wonders, but at least send an e-mail.  Doing both is even better.  You can click the e-mail addresses in bold to launch your e-mail software.  Please do not carbon copy legislators.  Send an individually personalized e-mail to the representative(s) of your choice.

House Ways and Means/Broadband Connectivity Committee

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Senator Queen worked hard to try and strip the one year moratorium out of Senator Hoyle's anti-consumer bill

With the League of Municipalities essentially cutting a deal to sit on a municipal broadband study group that includes no actual consumers, voting for big telecom’s favorite bill of the year became a no-brainer.  It was a real shame to see the voting results on S.1209, despite pleas from consumers and some of North Carolina’s most rural representatives demanding to keep the municipal broadband option open.  They understand reality — while a handful of politicians in Raleigh cash big corporate contribution checks from the cable and phone companies, those out in the rural real world live with the results — no broadband.

We don’t need a one year moratorium on municipal broadband.  If the state government wants to study the issue, so be it, but a one year suspension on municipal broadband is a stall technique that big telecom providers are celebrating across the state.

Residents across North Carolina owe Sen. Joe Sam Queen a special thank-you for leading the charge for better broadband for rural residents.  He offered an amendment that would let the study go forward, but stripped out the anti-consumer moratorium.

Mark Binker of the Greensboro News & Record explained what happened next:

During the debate Monday night, Sen. Joe Sam Queen, a Waynesville Democrat, offered an amendment to allow the study to go forward but remove the moratorium.

Sen. David Hoyle, a Dallas Democrat and the Rules Committee chairman, offered a substitute amendment that essentially altered the bill’s language a bit but kept the moratorium around. Hoyle is one of the bill’s primary architects.

“We do not need a moratorium on the expansion of broadband across North Carolina,” Queen said. “This will only pour cold water on a very innovative sector.”

Now for a word on substitute amendment: When a substitute amendment is offered and accepted, it has the effect of wiping out the first amendment, which then can’t be offered again during the debate. It’s a way of doing away with things that the majority really doesn’t want to vote on.

During the past five years, I’ve mostly seen it used in the Senate my Democratic leaders to do away with Republican amendments they view as noxious – typically politically charged measures that could be awkward votes for rank and file members. I can’t recall the last time I saw a Dem on Dem substitute amendment.

I don’t know what, if any, conclusion can be drawn other than Hoyle was going to make darned sure his bill went through as is. Vote for the final measure was 41-7.

When big telecom pays the way, Senator Hoyle knows their needs must be met at all costs, no matter that his transparent shilling for the industry steamrolls over his fellow Democrats.  Besides, with his retirement looming (we’ll be watching to see where he lands next), who cares if his constituents are upset?  Certainly not Hoyle.

Fifteen Senate members stood against Hoyle’s ridiculous moratorium and deserve some recognition as well:

Senator(s): Allran, Atwater, Boseman, Dickson, Dorsett, Foriest, Goss, Jones, Kinnaird, McKissick, Purcell, Queen, Shaw, Snow, and Vaughan

Courtesy of Mark Turner, here is the audio from the Senate floor debate over S.1209 and the arguments for and against a municipal broadband moratorium. (June 7, 2010) (30 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Tomorrow, the fight in the House begins with a call to action to start flooding members of the House Ways and Means/Broadband Connectivity Committee with calls and e-mails.  In the short House session, there are plenty of opportunities for us to derail this anti-consumer gift to the state’s cable and phone companies.  I’ll have a contact list up tomorrow.

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Phillip Dampier

S1209 would have sailed through the North Carolina Senate 39-5 this afternoon had it not been for Sen. Joe Sam Queen who objected to the third reading of the bill.  Senator David Rouzer (R-Johnston, Wayne) also changed his vote from “no” to “yes” which would have ultimately left the count at 40 for and 4 against.  After that, the Senate adjourned and will take up the bill once again on Monday.  What a job well done… for the cable and phone companies.

Brian Bowman reports that none of the Wake County senators opposed the bill or asked that the moratorium be removed.

Out of the entire North Carolina Senate, there are just four good guys?:

Senator Joe Sam Queen (Haywood, Yancy, Avery, Madison, McDowell, Mitchell) Joesam.Queen@ncleg.net
Senator Steve Goss (D-Alexander, Ashe, Watauga, Wilkes) Steve.Goss@ncleg.net
Senator James Forrester (R-Gaston, Iredell, Lincoln) James.Forrester@ncleg.net
Senator John Snow (D-Cherokee, Clay, Graham, Haywood, Jackson, Macon, Swain, Transylvania) John.snow@ncleg.net

Be sure to send all four of these folks your enormous thanks for doing the right thing.  Apparently that is becoming more and more difficult these days.

For those who forgot why this fight matters, here’s a reminder.  Watch it.

Click here to view the embedded video.

The people in Mars Hill, N.C. cannot afford to forget.

Now let’s talk reality for a moment.  I’ve been involved in legislative battles on issues regarding telecommunications policy all the way back to the late 1980s when I was fighting for home satellite dish-owner rights.  Back then it was a struggle against big cable, too.  It took several tries, but we eventually won that one.  Along the way, a lot of the same legislative trickery involved in S1209 reminded me of similar experiences back then.  We shouldn’t make the same mistake twice.  Let’s take a look:

The revised S1209 establishes a subcommittee to study municipal broadband funding issues while buying the industry a one year reprieve from any other cities or town going their own way.  The members on this fact-finding endeavor are specifically defined:

• A cable service provider.
• A wireless telecommunications service provider.
• A local exchange provider that is not a wireless telecommunications service provider.
• A local exchange provider that is a wireless telecommunications service provider.
• A city that operates a cable system and an electric power system as a public enterprise.
• A city that operates a cable system as a public enterprise and does not operate an electric power system as a public enterprise.
• A city that is a member of a joint agency established under G.S. 160A-462 for the operation of a cable system as a public enterprise.
• The North Carolina League of Municipalities.

Now, can anyone reading tell me who is -not- on the list?  Have you guessed?

-You- are missing from this list!

Everyone else is in the back room — cable and phone companies, cities, and a lobbying group representing cities.  But not one North Carolina consumer who lives with broadband challenges day in and day out has a place at that table.  What do they know anyway?

Click here to view the embedded video.

Brooks Townes in Weaverville doesn’t have a seat at the table, either.

How ironic that everyone holding a seat claims their interests coincide with ordinary citizens like you and I.  After all, we’re supposed to be what this fight is all about.  Sometimes, our interests will meet.  Other times, especially when it comes to legislative strategies, they might not.

An Uncomfortable Revelation Caught On An Open Mike

Thanks to WUNC’s Laura Leslie, you can listen yourself as Senator Clodfelter, not realizing his mike was on, tells Senator Blue, “Now I’ll tell you that the … what I call the crazies who circulate around this issue are not going to like this [S1209 revision with a moratorium], but the municipalities are all on board. They negotiated it, they negotiated it so it’s not possible….” Blue asks Clodfelter how long he’s been talking with the groups representing municipalities. Clodfelter’s response: “We’ve been meeting daily — twice daily, so they’re all on board with this precise text.” The recording ends with Clodfelter presumably tapping his mike. Is this thing on? You bet it is. (June 2, 2010) (50 seconds)
You must remain on this page to hear the clip, or you can download the clip and listen later.

We already know what Senator Clodfelter feels about the people who are appalled at yet another embarrassing year of legislators falling all over themselves to do big cable and phone companies another favor.  In his mind, we’re the “crazies” — the indignant citizens fed up with the time, money, and effort not spent building 21st century broadband networks, but instead devising strategies to prevent building them.

Corning has a plant in North Carolina that manufacturers endless miles of fiber optic cable that 40 members of the North Carolina Legislature just said they don’t need.  Send it somewhere else.

Those 40 senators just told citizens — who are still using dial-up Internet access in the Appalachians, or who can’t afford the asking price for service in Spring Creek, or who only get excuses from AT&T why certain homes in Alamance County can have broadband, but they cannot — they really don’t care.  What AT&T, Time Warner Cable, and Embarq wants is much more important.

Click here to view the embedded video.

…More important than the needs of folks like those in Spring Creek.

So while they propose to hold a debate over the merits of the free market vs. community’s doing-for-themselves when the free market fails them, countless thousands of North Carolina’s residents go without or are still hearing modem tones as they connect at speeds dozens of times slower than everyone else.

With a legislature hellbent on stalling or stopping projects that ameliorate this serious problem, no wonder North Carolina’s broadband rankings are falling fast.  In 2007, the Census Bureau ranked North Carolina 35th in broadband adoption.  A year later, the state was down to 41st.  At least you can be proud you’re not West Virginia, right?

But then again, there are eight more positions to drop, so there is still room to make things even worse.

Now I ask myself, what could have possibly happened to deliver 40 votes into the hands of big cable and phone company interests.

Could it have been the time honored trick of dividing and conquering the opposition?  For cities who want to deliver service, the threat of “either/or” seemed particularly effective.  Either take our one year moratorium -or- face the ludicrous original legislation that required a community-wide referendum if Mrs. Nickels over on Fairfax Drive needs a new cable installed at her home to get a better picture.  Either way, because certain folks didn’t say no way to either choice, it’s a victory party for Time Warner Cable, with no need to BYOB — they’ll provide it themselves.  Besides, say the bill’s supporters, we’re offering a chance to hear your voice and views on our stall-tactic fact-finding subcommittee.  Senator Clodfelter even thanks you for being reasonable and adult about all this.

AT&T thanks you as well.

Just keep those “crazies” out of the room.

Cable and phone companies get seats, so they can continue to deliver their talking points that don’t actually deliver broadband to any underserved area of North Carolina. Haven’t they said enough already?  As Senator Queen asked, where is the broadband service for my communities?

In the end, the fact finding mission (cough) will deliver a watered-down report that will find its way into the nearest recycling bin.  The cities’ strong views on municipal broadband will be diluted because they’ll have four competing voices from private industry saying the exact opposite.  Besides, after yesterday’s performance in the Senate Finance Committee, does anyone really believe members like Senator Hoyle care what the subcommittee will have to say?  He can just make it up as he goes along, just as he did when supposedly quoting the mayor of Salisbury.

After all the years spent watching negotiations over legislation, allow me to share this one piece of advice — collaborate and compromise with interests that seek to bury you at your own risk.  Big money interests will call you every name in the book for standing and fighting for your principles (and a few legislators too), but if you make it known it’s time for the other side to start compromising — by actually delivering service and charging a reasonable price for it, there wouldn’t have been a need to engage in this battle in the first place.

That’s why this “crazy” website didn’t back down when Time Warner Cable brought its “new and improved” Internet Overcharging scheme to the table after consumers rebelled against the original plan.  The cable company promised a listening tour, to take advice from reasonable consumers, and to modify its plans accordingly.  Some folks played the game on their field — debating numbers back and forth about what an appropriate amount of rape and pillaging of our wallets was tolerable.  Time Warner changed a few numbers and blessed us with a counteroffer that would have only tripled broadband prices for the same level of service.  Couldn’t we be reasonable and take their offer?

We said no and stood by it, even if it meant going down with a fight.  By not backing down, we won the battle knowing full well the war wasn’t actually over yet.  But you can’t win a battle, much less a war, if you surrender and refuse to fight.

In the end, we were right and they were wrong.  We even proved they were never really interested in listening in the first place.

The correct way forward is to remain 100 percent committed to opposing S1209, so long as it stalls, bans, slows, or sets onerous conditions on providing broadband relief.  That means calling every senator between now and Monday and then doing the same in the House.

The three words you need to remember are real simple:

Kill this bill.

If you are spending time negotiating over who gets to sit in what chair on the subcommittee, you are not paying attention.

Kill this bill.

If you are trying to split the difference over how long the moratorium is going to last, you do not understand.

Kill this bill.

If you are trying to extract some extra concessions to reduce the rape and pillaging of your citizens, stand up, take a deep breath, go outside, and then tell the first person you see to call their representatives and tell them to:

Kill this bill.

If you are a consumer, you’re probably already upset.  In a polite, persuasive, and persistent way, tell your elected officials you understand S1209 has been modified thanks to a compromise, but nobody bothered to compromise with you.  You aren’t interested in this bill in any form, and you know that legislator is going to do the right thing and vote no to:

Kill this bill.

If they vote yes, all they’ve managed to kill is your faith in them as your elected representative.  That’s something that can be taken care of at the next election.

Maybe people like me are crazy to dare to presume that our elected officials work first and foremost for “we the people” and not for the phone and cable company.  Maybe it’s nuts to spend so much time and energy fighting legislation that is so obviously written by and for the industry that cuts a check to the first representative willing to put their name on it and introduce it.  We’ve seen the merits of those who tried the same thing last year.  Only one of them is no longer with the state legislature, brought down on ethics charges.  How surprising.  This year’s fight is lead by a retiring senator who will never endure the satisfaction voters might get disconnecting him from the legislature for selling them down Telecom River.  That is not too surprising either.

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Senator Hoyle turns his back on consumers and reads from his industry-provided talking points to stop municipal broadband

[Phillip Dampier co-authored this piece.]

North Carolina communities seeking to provide Internet access to their residents would have to wait a year while legislators argue over their terms of entry under a revised bill that swept through the Senate Finance Committee yesterday on a voice vote.

S1209, originally a poison pill bill that would effectively kill municipal broadband projects, was revised into a demand for further study, accompanied by a one-year moratorium for any city contemplating its own broadband project.

That concerns officials in several cities across the state, especially Greensboro, who wants to preserve the option of municipal broadband should Time Warner Cable revisit an Internet Overcharging experiment attempted in 2009 which would have drastically limited broadband usage for its customers.

The bill’s passage with a calling of the “yeas and nays” made it impossible for members of the public to know who voted for and who voted against the compromise measure.  But an accidentally open microphone allowed many to get a real sense of how much one member of the Committee disliked consumers fighting back against telecom special interests pulling all the strings.

Senator Daniel Clodfelter (D-Mecklenburg) nearly raised a toast to his fellow members during the session praising them for doing the “grown-up” thing and agreeing to his manufactured compromise that phone and cable companies are celebrating as a victory today:

“This is not, I would say to you, a peace treaty.  It is an armistice. And what the bill does is provide an armistice so that the shooting war stops and a conversation will occur among those people who’ve been meeting with each other in those conference rooms for the past week,” Clodfelter said. “Thank you all, because you did the grown-up thing, and I really appreciate it.”

Clodfelter’s seemingly-sincere comments might have gone off better had the audience not heard Clodfelter’s private remarks to Senator Dan Blue (D-Wake) a few minutes earlier, inadvertently captured by a live microphone:

“The — what I call the crazies that circulate around this issue are not gonna like this,” Clodfelter told Blue.

Observed WUNC reporter Laura Leslie: “I’m sure Clodfelter isn’t the first lawmaker to think so, but most of them cover the microphone before they say it out loud.”

The bill’s author, Senator David Hoyle (D-Gaston), who spent the day mangling the words “fiber optic,” condescendingly lectured his colleagues and communities about their opposition to his bill.  Mistakenly called a Republican in the pages of the Greensboro News-Record, Hoyle complained cities don’t belong in the broadband business.  He doesn’t want government competing with private industry, which might explain why the newspaper switched his party affiliation.  But considering the amount of telecom special interest money that has flowed into the retiring senator’s campaign coffers, there may be much more to this than a philosophical debate.

Hoyle has gone all out in the North Carolina media on behalf of his telecom industry benefactors.

Money makes legislators do strange things... like disrespect their constituents with obvious industry-backed protectionist legislation

Delivering a series of eyebrow-raising one-liners, Hoyle is hardly ingratiating himself with cities and towns across the state.  He inferred most city and town leaders were naive, telling ENC Today he expects all of the attention on municipal broadband will only cause more municipalities to get into the business.

“There are a whole lot of cities that can’t wait to jump on the bandwagon — monkey see, monkey do,” Hoyle said, using language that some have since called inappropriate.

Hoyle argues these systems are destined to fail.  Once again he called out the cities of Davidson and Mooresville completing required upgrades to an old Adelphia cable system the community acquired nearly three years ago.

“There’s a couple of cities in this business that they should sure wish the heck they were not into, and that’s Davidson and Mooresville,” Hoyle said.

That came as news to MI-Connection, the municipal provider providing service to the two communities, whose revenues for the quarter that ended March 31st were up 9.4 percent from a year earlier.

Davidson resident and MI-Connection board member John Venzon told the Davidson News he’s worried that the legislation could “unlevel the playing field” for MI-Connection and make it harder to compete.

MI-Connection General Manager Alan Hall also told the News the entire board has concerns about these kinds of bills.

Hoyle and his telecommunications industry friends may wish the communities weren’t in the business, but MI-Connection believes otherwise.

As Stop the Cap! has reported on several occasions, MI-Connection’s challenges have hardly been unique to Davidson and Mooresville.  Time Warner Cable ditched over 125 Adelphia systems it purchased, and the company is still coping with legacy equipment left in place at the former Adelphia system it now runs in Calabasas, California.  The cost of upgrades for the old Adelphia systems kept by both Time Warner Cable and Comcast ran well into the millions.

Another messy misstep for the state senator has been what one could charitably call “stretching the truth.”

Mayor Susan Kluttz, representing the people of Salisbury, N.C., was called a "gentleman" and "he" by an out of touch David Hoyle

“I got a call from a gentleman yesterday, Mayor Kluttz from Salisbury, and I mean he laid me out.  He called me dumb.  I had no idea,” Hoyle complained to other members on the Senate Finance Committee.

One person who was not amused by that story was Salisbury Mayor Susan Kluttz, who was seated directly in front of Hoyle.  She had no idea what Hoyle was talking about.  I later spoke with a representative of the city who told me no one from their staff called Hoyle.  With a mistake like that, maybe that phantom caller was onto something after all.  Listening to Hoyle, the self-appointed expert on municipal fiber projects, refer to them as “fiber opticals,” “fiber opt,” “fiber install and do all the things they’re going to do,” and “totally fiber project any city,” did not inspire confidence.

At the heart of Hoyle’s opposition is the idea that local municipalities should not be involved in the private sector… ever.  In his mind, broadband service is a luxury, and the private marketplace is best equipped to decide who gets it, and who does not.  Hoyle brings no answers to the table for communities bypassed by the duopoly of providers who are increasingly focusing their time, attention, and resources on larger cities where average revenue per customer can be higher than in rural areas.  If the local cable or phone company doesn’t provide the service, that’s just too bad.

Mirroring the attitude of the state’s telecommunications companies, Hoyle believes municipalities or even private providers that seek broadband stimulus money represent unfair competition, even in cases where existing providers refuse to offer service.

That is the ultimate dilemma.  If you believe broadband is not becoming an essential component of most American lives and is simply a nice thing to have, it’s not insane to agree with Hoyle.  But hundreds of thousands of North Carolina residents don’t believe that.  Parents of children in broadband-disadvantaged schools quickly learn their kids fall behind their peers in larger, wired communities.  Businesses will not locate in areas where inadequate broadband exists.  Digital economy entrepreneurs cannot start new businesses without good broadband either.  Even senior citizens, who are among the most resistant to broadband adoption, often complain about the inherent inequity of being forced to rely on dial-up service.

Senator Purcell

Some of the same arguments about disparity of access went on during the early 1900s in rural North Carolina, deprived of electricity and telephone service by private providers.  Once President Roosevelt effectively declared these types of services as essential utilities, where private providers didn’t go, municipalities and co-ops did.  In North Carolina, keeping the brakes on an expansion-minded state government came even before Roosevelt was president, with the passage of the 1929 Umstead Act — a law that prohibits the state from directly competing with private enterprise.

The Umstead Act has been seized on by the telecommunications industry, arguing municipal broadband violates the spirit of the law, even though it never applied to local municipalities.  Besides, the law has been amended since 1929 because, free market theory notwithstanding, free enterprise doesn’t have every answer and cannot meet every need.  Just ask BP.

Only Ayn Rand could appreciate that Hoyle and his allies support an entrenched duopoly that embraces its profitable urban customers while they fight for restraining orders like S1209, blocking efforts by others to deliver service the duopoly won’t provide.  We call that corporate welfare and protectionism.  But some in the state legislature can’t see that because of the blizzard of cash being dropped in front of them by that duopoly, just to leave things entirely in their hands.

Hoyle noted nobody, including himself, liked the final bill.  In Hoyle’s eyes, that adds up to a “good bill.”

Other members on the Committee had different views to share.

Senator William Purcell (D-Anson, Richmond, Scotland, Stanly) is the former mayor of Laurinburg — the same city from the 2005 court victory in BellSouth/AT&T v. Laurinburg, which paved the way for municipal broadband in the state.  He asked pointedly, “What assurances do we have that the private companies are going to provide [service] to smaller areas?”

Senator Queen

Hoyle answered by pulling out his talking points generously provided by the cable and phone companies and delivered a non-answer, finally stating, “we are not going to get broadband to everyone in the state.”  Perhaps Hoyle is foreshadowing his next job after he retires from the Senate — working for the same telecom companies he seems to represent now.

Senator Joe Sam Queen (D-Avery, Haywood, Madison, McDowell, Mitchell, Yancey) delivered the most passionate presentation of the day on behalf of his constituents, among the least likely to have broadband service available to them.  As Hoyle disrespectfully rolled his eyes and winked at the cable industry lobbyists in the audience, Queen blasted the industry’s record of performance in his district, which covers the High Country — the rural Appalachian mountain counties in the western half of the state.

“We don’t have last mile access in the mountains,” Queen told the Committee.  “[My constituents are] frustrated that it’s not getting done by the cable companies, the network companies, whoever’s doing it. They’re just cherry-picking and leaving off so many of our citizens, and that’s just unacceptable.”

Queen noted the private industry that refuses to serve many of his areas also refuses to allow others to provide that service.

“The private sector is not getting it done fast enough,” he added. “We have electricity to everybody, we have water to everybody. We should have Internet to everybody in the 21st century.  In my counties, we are still struggling to make that happen.  Our children don’t have the virtual broadband educational opportunities that they have in the urban areas. Our business owners don’t have the access to markets that our urban citizens have.”

Senator McKissick

One senator had a question about the year-long moratorium.  Senator Floyd B. McKissick, Jr. (D-Durham) asked if no action was taken by the end of the 2011 session, would the moratorium expire automatically?  Although provisions in S1209 do provide for a firm sunset date, Paul Myer from the North Carolina League of Municipalities told me nothing precludes the Senate from quietly extending the moratorium, or removing the sunset provision altogether, effectively making the ban permanent.

Meanwhile, communities contemplating such projects would have to give 15-days written notice to every private provider potentially impacted, providing more than two weeks for a fear-based opposition propaganda campaign.  And we know where they’ll get the money to pay for it, too.

The only good news out of all this:

• Cities already providing or constructing broadband projects may continue;
• A Google Fiber city in North Carolina gets a pass;
• Federal broadband grant recipients may proceed, although many of those grants are going to existing providers anyway;
• The bill is headed next to the House, where we have a new opportunity to derail it.

Recognizing the spirit of this entire proceeding which left consumer interests out in the cold, no public comments were heard and no recorded vote was taken.

Needless to say, the revised S1209 is only slightly less loathsome than the original, and must be opposed.  But more on that coming shortly.

We couldn’t close this piece without recognizing that when all the talk was over and vote was taken, it was rest and relaxation time for selected senators, brought to you by Electricities who picked up the tab for a fabulous spread of food and drink.  WUNC reporter Laura Leslie wrote about what she called an Irony Supplement.

The S1209 compromise also won the grudging support of Senator David “Business-Friendly” Hoyle (D-Gaston).

After telling Senate Finance that “Somebody, maybe a lot of bodies, needs to stand up for our free enterprise system,” Hoyle went on to knock the state’s biggest public utility co-op:  “If anybody thinks that the experiment with Electricities was a resounding success, I’d like for you to raise your hand.”

No one did.

But after session today, quite a few of the Hons found their way across the street for free food and drinks provided by – wait for it – Electricities.

As one House Republican told me tonight, “If you can’t bash them and then eat their hors d’oeurves, you’re in the wrong business.”

No, sir, I’m not.  But I’m thinking you might be.

Senate Finance Committee deliberations on a revised S1209, a bill to establish a one year moratorium on municipal broadband projects. (June 2, 2010) (34 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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North Carolina Legislature

We collectively sighed last Wednesday when the Senate Finance Committee temporarily pulled S1209, but the victory is short-lived.  Sources tell us S1209 is scheduled to return this Tuesday, one day after the long Memorial Day weekend.

We are not happy with some of the rumors that have been circulating around the Legislative Building in Raleigh.  One suggests S1209 will be modified into a one year, renewable moratorium on municipal broadband while a joint task force ponders questions about financing of municipal broadband, broadband adoption and speed, and overall competition in North Carolina.  Without a clear sunset provision, the legislature can renew the moratorium indefinitely, assuring incumbent phone and cable companies of a continued easy ride into our wallets.

Much has also been said by Sen. Clodfelter regarding the legality of municipal broadband in North Carolina.  Some of his earlier comments suggest he’d be a proponent for a moratorium while the state legislature thrashes out the legal questions.

But the courts have already effectively dealt with this question and handed victory to municipalities.  Why bother with a moratorium when in 2005, Laurinburg, North Carolina won its court battle against big telecom companies.  The judge ruled:

“Laurinburg’s network is run over fiber optic “wires or cable,” providing a “system” for “transmit[ting]” and “receiv[ing]” electronic signals capable of being converted to “audio” and/or “video” streams of information. See N.C. Gen. Stat. § 160A-319(b). We believe this fits within a broad construction of the definition of a CTS. Therefore, we hold that Laurinburg is acting within its municipal authority to run its network, and was not acting ultra vires in contracting with School Link to provide the network’s ISP service.”

Doesn’t the legislature have better things to do than to spend all of this valuable time doing work for big phone and cable companies?

We need you to again write and call your legislators. We have been told by numerous sources that your input has been very effective in pushing back S1209.  The more North Carolina consumers speak out against this anti-consumer bill, the less likely it will ever become law.

Here are the points you need to raise in your next letter or phone call:

1. Why is the legislature still spending time on this unnecessary, anti-consumer legislation?  S1209 is wanted by large phone and cable companies.  You want your town or city to have every option open to deliver better service if a consensus is reached for it in your community.  The current system already provides effective checks and balances.  We don’t need S1209.
2. Studying broadband issues is fine, but placing a moratorium on municipal broadband projects in the meantime is completely unacceptable.
3. Corning’s plant in Hickory, North Carolina produces 40 percent of the world’s supply of fiber optic cable.  Passing S1209 impedes fiber projects in North Carolina, hurting our own workers and state economy.
4. North Carolina needs all the broadband expansion it can get.  We are ranked 41st out of 50 states.  Passing S1209 preserves mediocre broadband service in our state indefinitely.

For some of you, this will be your third or fourth call or e-mail.  Perhaps it’s time to remind legislators you are becoming increasingly concerned that measures like S1209 continue to be debated.  While Time Warner Cable and CenturyLink/Embarq’s legislative priorities continue to get plenty of time and attention in Raleigh, they don’t get a vote in the next election.  Remind them you do, and your continued support hinges on whether you can feel confident members represents your interests, not those of big cable and phone companies.

Remember the three rules when contacting your legislators:

• Be polite.
• Be persuasive.
• Be persistent.

Well-informed constituents who can defeat industry talking points represents the nuclear option against bad telecommunications legislation.

Now get on the phones and e-mail and get busy.  Remember — one e-mail message per address.  No carbon copies!

Here is the list:

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Bowman is the public affairs manager for Wilson, N.C.

Brian Bowman reports from Save North Carolina Broadband that S1209, Senator Hoyle’s municipal broadband killer bill, was yanked from yesterday’s meeting, apparently to “study the issue some more.”  Perhaps elected officials are studying the implications of passing this anti-consumer nightmare on their chances in the next election.  Let’s deliver the death blow to S1209 by getting on the phones and e-mail again today!

You need to keep the pressure on with calls and letters to all of these officials, reminding them you are watching this bill very closely and are waiting for them to cast their “no” vote, but will also at least accept a vote that yanks the bill from consideration for the rest of 2010.

Remind them this bill was quickly foisted on the Senate Finance Committee, and its wide-ranging implications are too important to North Carolina’s high tech future to let this bill rush into law.  Tell them the only real assault on your wallet comes from big telecom providers who will stop at nothing to make sure municipal competition never sees the light of day — municipal competition that is the only realistic way many North Carolina towns and cities can deliver 21st century broadband service that will help get them back on track for economic success.

Don’t sit back and think someone else will do the writing and calling for you.  We made a difference last year because everyone called and wrote.  We need that to happen again!

Here is the list:

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A retiring state senator wants to throw North Carolina consumers under the bus with new legislation that could cost residents millions in savings on their cable, telephone, and broadband bills.

Senator David Hoyle (D-Gaston), has introduced S1209 — what Hoyle calls “The Nonvoted Local Debt for Competing System Act.”  We call it “The Anti-Consumer Muni-Killer Act,” representing little more than a lavish parting gift to telecommunications companies that have supported Hoyle for years.

As we have been reporting here, here, here and here for the past few months, the telecom industry has pulled out all the stops looking for friends in the state legislature to do their bidding.  This year, the industry is following the game plan it has used successfully in other states to kill potential community-based competition for their broadband duopoly.

The state’s cable and phone companies (and their legislator lackeys) argue that taxpayers should not be on the hook for municipally-owned networks.  In the guise of “protecting consumers,” Hoyle and his bill’s co-sponsors would compel municipalities to fund municipal broadband projects with General Obligation B0nds — a regulatory minefield that includes referendums held at taxpayers’ expense and direct taxpayer involvement in the funding process.

As we’ve discussed earlier, Hoyle’s proposal would compel endless referendums for everything from system construction and financing to basic system upgrades and repairs.  The implications of such legislation:

• It makes municipal broadband projects untenable. What local government would consider a municipal project that would require endless referendums?  The only thing Hoyle didn’t include in his bill was a mandatory public referendum about where the engineers should order lunch.
• Someone has to pay for the referendum process — North Carolina taxpayers.  So much for protecting the taxpayer!
• The legislative minefield Hoyle lays for local communities is tailor-made for well-financed telecom industry opposition campaigns that are designed to demagogue municipal competition while tying the hands of communities to fight back.

The irony is, the current system already in place in North Carolina protects state taxpayers.

Both proposed and operational municipal broadband systems rely on Revenue Bonds that have to be approved by the North Carolina Local Government Commission.  These Revenue Bonds are not taxpayer-funded, and local residents are not on the hook should something go wrong.  The financing agreements with investors are designed to pay off the costs of such systems over time and they then become self-supporting.  But even from day one, municipal broadband represents an asset to a community’s efforts to attract digital economy jobs.

They also save you money.  Just ask the residents of Wilson, who didn’t face a rate increase outpacing inflation and finally had an alternative for “good enough for you” broadband from current providers.

Unfortunately, the current system is no good for Senator Hoyle because it doesn’t protect his friends in the phone, cable, and broadband industry, threatened with competition that would derail their duopoly gravy trains for good.

Hoyle should be willing to admit as such, considering his friends in the cable industry already have.  Marcus Trahen, a lobbyist for the North Carolina Cable Telecommunications Association told legislators at a Revenue Laws Study Committee meeting, “We don’t care if cities have internal systems; what we are worried about is competition.”

Under the guise of “protecting” taxpayers, Hoyle only manages to guarantee fat profits for Time Warner Cable, AT&T, and CenturyLink (formerly Embarq) without better pricing and service for you.  Perhaps Hoyle forgot North Carolina is ranked 41st out of 50 states for its comparatively-mediocre broadband services, mostly provided by those three companies.

Hoyle also argues that publicly owned systems harm private industry, despite the fact many in private industry support municipal broadband.  Several letters of opposition to S1209 have been sent to legislators from companies like Google, Intel, Alcatel-Lucent, and five private provider trade associations.

Hoyle doesn’t plan to stick around and watch the damage his proposed bill would create for North Carolina’s economic and high tech future.  After he retires from public office, his bill would leave a legacy of tied hands among local communities from Asheville to Greenville, and all points in-between.  Doesn’t your community deserve a better option?  If you want a third option that could dramatically lower prices and offer better service, shouldn’t local officials have the right to offer it if current providers won’t?

The fact is, none of these municipal projects would even be proposed if the cable and phone companies delivered the service communities want at fair prices. Cable and phone companies don’t need to spend hundreds of thousands of dollars to defeat these projects — they could simply lower their prices and offer the kind of service consumers demand.

For Hoyle’s part, he’s shocked…  shocked to discover consumers are offended by his telecom-friendly attitudes.  He told Indy Weekly, “the lobbyists don’t influence me; I’m in the pocket of the people that provide jobs for this state, and Time Warner Cable employs 8,500 — I can’t imagine anyone that would want to compete with that.”

Senator Hoyle weighed the interests of Time Warner Cable against 9.4 million North Carolina consumers and sided with the cable company.

Let’s push the scale in the other direction.

What You Need to Know

The author of S1209 is  Sen. David Hoyle (D-Gaston).

The bill currently lists five co-sponsors:

• Sen. Peter S. Brunstetter (R-Forsyth)
• Sen. Clark Jenkins (D-Edgecombe/Martin/Pitt)
• Sen. Jerry W. Tillman (R-Montgomery/Randolph)
• Sen. Dan Blue (D-Wake)
• Sen. Fletcher Hartsell (R-Cabarrus/Iredell)

The latter two, Sens. Blue and Hartsell were formerly on our supporters list, and we’re reaching out for clarification as to why they are listed as co-sponsors on this bill.  We’ll update our readers about whether they will stand with North Carolina consumers or the telecom industry as soon as we hear back from their offices.

Your Action Alert

You must immediately contact legislators on the Senate Finance Committee, set to consider Hoyle’s bill this week, most likely on Wednesday.  But don’t wait until then.  You should be making contact today, just in case the bill gets voted on earlier, before opposition has a chance to build.

Tell the senators to oppose S1209 for the benefit of North Carolina’s economic future:

• Make it clear voting for this bill is just another way to stop municipal broadband from delivering the kind of broadband service North Carolina wants and needs to grow its economy.
• S1209 was custom-crafted to protect the interests of incumbent phone and cable companies, not North Carolina consumers.
• The current system already protects taxpayers because they are not paying for municipal broadband projects.  S1209 forces local governments to spend taxpayer funds on endless referendums.
• Explain you are already empowered to stop unwanted municipal projects through organized vocal opposition at town meetings as well as at the ballot box.  But your town would not be empowered to offer services private providers refuse if S1209 becomes law, because the legislation forces such projects into miles of red tape.
• Worst of all, S1209 gives phone and cable companies plenty of time to demagogue such projects, spending ratepayer funds in a hopelessly mismatched fight.
• Let them know you see through S1209′s anti-competitive intent, and you’re prepared to vote for those who stand up for North Carolina consumers and oppose these types of telecom industry-friendly bills.

Important! When writing, -DO NOT- simply carbon copy everyone on a single e-mail message.  Those mass mailings are discarded, unread.  For maximum effectiveness, send an individual e-mail to each legislator and another to their legislative assistant. Calling the legislator’s office can be even more effective and immediate.

Here is the list:

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We have the complete video of last week’s Revenue Laws Study Committee meeting which featured the introduction of a draft bill that would dramatically restrict any entrant into North Carolina’s broadband marketplace unless they were a private industry provider.  The de-facto municipal broadband ban legislation comes courtesy of retiring Senator David ‘Fiber is Obsolete’ Hoyle (D-Gaston), who sprung the proposed bill minutes before debate was to begin.  Despite the fact opponents (and consumers) were left unprepared to push back against Hoyle’s anti-consumer legislation, a few legislators and citizens rallied to the cause.

Click here to view the embedded video.

North Carolina Revenue Laws Study Committee Meeting (May 5, 2010 — 47 minutes)

A Viewer’s Guide

Senator Daniel G. Clodfelter (D-Mecklenburg) wants both sides to “turn the volume down,” apparently not appreciating the fact a retiring senator pushing through an anti-consumer telecommunications company dream-come-true draft bill would likely provoke a consumer backlash.

Rep. Weiss was the loudest opponent of the proposed legislation to stop municipal broadband

Clodfelter is surprised the debate has become so polarized.  It shouldn’t be, considering this debate is hardly a new one.  Consumer advocates have seen providers use the same road map to enact anti-consumer municipal broadband prohibitions in more than a dozen states.  The same talking points and arguments appear every time this issue comes up.  Consumers are fed up with the corporate protectionism these bills represent, and they become extremely angry when those elected to represent them instead represent the interests of big corporate telecom companies.

Clodfelter’s ultimate vote spoke louder than his pleas for civility — he voted for the draft that guarantees North Carolina consumers will continue to pay high prices for telecommunications services.

Senator David Hoyle’s eyes rarely left his carefully prepared talking points.  Perhaps that’s because he’s not as familiar with the issues as he claims to be.  When a legislator is forced to keep his eyes on his remarks, seeming to stumble through several important points, it suggests unfamiliarity with the issues.  That’s hardly a surprise when legislation is introduced by a telecom-friendly legislator who knows only as much as the accompanying information packet of talking points allows.

We saw that first hand last year with Ty Harrell, who introduced legislation that he so fundamentally didn’t understand, he was later forced to repudiate his own bill.  Watch Hoyle and ask yourself — is this a legislator who understands municipal broadband, or is this a senator carrying water for big telecom?

Hoyle’s testimony contained many interesting comments we’d like to rebut:

“The level playing field aspect is gone.”  He’s got that right.  His proposed draft bill mires municipal providers with terms and conditions no private provider ever endured.  Where is your referendum about whether or not you wanted to pay Time Warner Cable for dozens of channels you never asked for, and don’t want?  Where is your referendum about whether or not you want the incumbent cable and phone companies to continue providing service in your town?  Does the phone company need to hold a referendum to replace phone wiring on the poles?  No?  Then why does Hoyle’s bill demand referendums for municipal system repairs and upgrades?

Rep. Luebke characterized Hoyle's proposal as premature and urged his colleagues to support further study on this issue

Hoyle misrepresented the financing of municipal broadband projects, most of which are not financed at the expense of every local taxpayer.  His carefully crafted suggestion that citizens should vote for such projects is a nice concept, but remember incumbent providers can use unlimited amounts of money they’ve earned from overcharging you for years to bombard residents with misinformation.  Meanwhile, your local government cannot spend a penny to rebut them.  Is that a fair vote or one engineered to provide victory to incumbent providers?

Senator Hoyle suggested unnamed interests have said he has a vendetta against cities — that he doesn’t like cities.  That’s an example of a politician constructing a false straw-man argument to shoot down.  Of course his real “vendetta” is against North Carolina consumers.  With Hoyle not seeking re-election, he doesn’t have to answer to them.

Hoyle brought up the sale of bankrupt Adelphia Cable’s systems to the local governments of Mooresville and Davidson, and then demagogued it with cherry-picked talking points, conflating an old, outdated cable system with construction of state-of-the-art fiber systems as proposed in communities like Salisbury.

Adelphia Cable’s founders and chief corporate executives are sitting in a federal penitentiary.  A court found both John and Timothy Rigas guilty of more than a dozen counts of fraud and conspiracy in 2004, a decision largely upheld in 2008, and both continue to serve 12 and 17 year sentences respectively.

Every Adelphia Cable system put up for sale by the Bankruptcy Court was littered with problems.  In San Diego, inspectors found more than 3,000 improperly grounded cable connections in customer homes.  Company records were in chaos as well, and the result was major headaches for buyer Time Warner Cable.

The North Carolina Adelphia systems were not much different.  The communities had been victimized twice by providers who delivered broken promises, fewer channels at higher prices, and bad service.  When Time Warner Cable proposed to take control of the systems and wouldn’t meet the communities needs, Mooresville and Davidson decided to exercise right of first refusal and purchase the systems themselves.

What they found after closing the deal were the same kinds of problem Time Warner Cable and Comcast were dealing with in other former Adelphia communities.  The difference is the cable companies just raised customers’ rates to defray the costs of cleaning them up.  They also left many towns with cable systems built based on economy more than customer needs.  With limited competition, where could dissatisfied subscribers go?

Mooresville and Davidson both faced:

A significant number of subscribers who stopped paying for service from Adelphia much earlier and faced no consequences or service suspension.  When MI-Connection, the municipal provider, began billing for services rendered, they canceled.  Of course, the sellers never disclosed the fact there were many non-paying customers getting service for free.  When the towns purchased the systems, it assumed subscriber numbers provided represented paying customers.  It turns out many weren’t.

Then there were more surprises:

Sen. Stein suggested legislation that could keep the United States behind in broadband adoption was of concern to him.

• Leamon Brice, Davidson town manager, told the Davidson News, “After the borrowing, but before the closing, Time-Warner, custodian of the system for one year, announced there were many more customers in the system than originally thought. As a result, the towns had to spend $12 million of the $80 million to buy those additional customers. This left less money for the upgrade of the system, so the towns borrowed an additional $12 million to complete the necessary improvements.”
• An economic crisis which is driving down subscriber rates for cable services nationwide.
• The early unavailability of a “triple play bundle” combining telephone, video, and broadband service on one bill.  Bundling is the economic driver of today’s telecommunications industry, and the two communities were late to get in on it.
• The high cost of system upgrades, especially with a system administered by Adelphia, which let most of its cable properties fall into disrepair long before bankruptcy.

Although Hoyle called out both communities for their losses, his numbers don’t add up.  He claimed the systems will lose $6.8 million dollars a year, based on one quarterly loss statement he chose to multiply by four.  In fact, the communities are seeking a one time $6.4 million allocation in the 2010-11 budget year, of which Davidson’s share is $2 million, to make up for the losses associated with all of the drama surrounding the Adelphia system purchase and upgrades.

Hoyle ignored the potential for MI-Connection, now that the upgrades are near completion and the company has introduced an aggressive triple-play package.  Revenues are up nearly 10 percent over the same period last year — an impressive result during an economic crisis.  Most of that growth came from newly launched broadband and telephone services.

The system needs only a few thousand additional customers to erase the losses.  Offering a compelling triple play bundled service package should help them achieve that goal.

Despite the difficulties associated with Adelphia’s legacy cable systems, most of the municipal broadband projects Hoyle seeks to stall are actually 100 percent fiber-based and are designed to service both residential and business customers with service far beyond what the local cable and phone companies are willing to provide.

The committee then heard input from speakers in the audience, with a two minute limit.  Unfortunately, that was too long for at least some committee members who chatted audibly as speakers tried to make their points.

One of those speaking in favor of the proposed draft was Octavia Rainey, once again seated with the lobbyists from Time Warner Cable and AT&T.  She arrived at the microphone with her practiced talking points.

After Rainey’s prior comments on this issue, we reached out to Ms. Rainey to get a better understanding of her point of view and establish a dialogue. When I attempted to speak with Rainey, she first hung up on me only to call back several minutes later to accuse me of being a “white supremacist,” even though I had revealed to her I also serve as a Human Relations Commissioner in Greensboro and fight against racial prejudice daily.

Such over-the-top accusations are not unheard of in this policy debate, particularly with some civil rights groups who attempt to shut down debate with accusations of bias when their public policy positions do not comport with the stated founding principles of that group. Usually, when this card is played, it comes when you’ve successfully called out the empty rhetoric and fact-challenged talking points most of these groups use to defend big telecom. Rainey is just another example of a well-meaning local community activist who has been duped by telecom astroturfing efforts, and AT&T’s financial involvement in causes helpful to her public profile don’t hurt either.

The litmus test for astroturf snowjob detection is simple:

• Will the constituents these individuals and groups claim to represent be well-served with a protected duopoly in broadband that prices service out of their reach?
• Has the group fully and publicly disclosed their financial contributions from telecommunications companies and the amounts given?
• Are there telecom company representatives serving on the board of the group?

Too often, following the money is all that’s required to understand the allegiance some groups and individuals have to adopting the telecom agenda.

At the end of the discussion, a vote was held and the draft bill passed.  There were only two audible “no” votes — from Representatives Jennifer Weiss (D-Wake County) and Paul Luebke (D-Durham).  I was told Senator Josh Stein (D-Wake County) also voted no, stating he did not “shout it out, but I definitely voted against the bill.”

The draft bill now goes to the House and Senate leadership to be assigned to committees.  If it survives the committee process, it moves to the full House and Senate.  I understand that leadership in both the House and Senate do not want anything controversial in the short session to follow, so let’s let them know nothing is more controversial than legislation that guarantees slow and expensive broadband from existing providers, indefinitely.

Make sure you let the North Carolina legislature know that now is not the time to ram through a provider-friendly municipal broadband bill from Senator Hoyle.  Tell Speaker Hackney and President Pro Tempore Basnight the issue requires further study, and the bill should be referred back to appropriate committees for further review:

Speaker of the House Joe Hackney (D-Chatham, Orange, Moore) 919-733-3451 Joe.Hackney@ncleg.net

President Pro Tempore Marc Basnight (D-8 Coastal Counties) 919-733-6854 marc.basnight@ncleg.net

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Senator Hoyle's legislation lays the foundation for cable and phone companies to spend hundreds of thousands of subscriber dollars to mail smear campaign pieces like this one from Comcast.

(This piece is written by Jay Ovittore and Phillip Dampier.)

The good news is that all the pushback on an all-out-moratorium on municipal broadband was successful and Senator David Hoyle (D-Gaston) withdrew the idea.  The bad news is he had an even worse idea to replace it.

Hoyle Wednesday unveiled a new draft bill that hopelessly ties up municipal broadband projects into knots of red tape that, if passed into law, will bury municipal broadband projects in North Carolina indefinitely.

Hoyle sprung his telecom-industry-friendly legislation on the public after getting plenty of input and encouragement from the state’s cable and phone companies who already knew what was in it because they helped craft it.

For a retiring state senator who doesn’t have to worry about the next election, what better parting gift can you give to your friends in the cable and phone industry than a bill that preserves the comfortable duopoly they’ve  enjoyed for years.

Hoyle and those supporting the legislation will argue their bill doesn’t ban municipal broadband — it simply places conditions on such projects before they can go forward.  But what are those conditions?

Section One of the draft bill requires local governments to get funding for “external communications services” (ie. municipal broadband) by way of a General Obligation Bond (a GO Bond).  In North Carolina, that requires a taxpayer-funded referendum to be held for public input at the next election.

On the surface, getting public approval for municipal broadband isn’t a bad idea — no local government official expecting to win re-election would ever proceed on such projects without voter support.  But this requirement also gives plenty of advance notice to incumbent providers that a new player could be invading their turf.

We know what that means.  A well-funded opposition campaign to demagogue the project.  Local cable companies can insert an unlimited number of free ads during every advertising break to slam the proposal.  Phone companies can release a blizzard of opposition mailers to convince consumers it’s as scary as Halloween — all tricks and no treats.

How can a local city or county government respond to the misinformation barrage?  They can’t.  Public officials can’t spend taxpayer dollars to promote such projects or refute industry propaganda.  They can’t even financially assist a citizen-run campaign.

That’s a fight with ground rules only Don King could love.

In the end, that leaves ordinary citizens of North Carolina facing down a multi-billion dollar statewide consortium of telecommunications interests hellbent on preserving and protecting the status qu0.

The earlier-discussed moratorium was a brick wall against municipal broadband.  Hoyle’s bill is the Great Wall of China with the logos of AT&T, Time Warner Cable, and CenturyLink plastered all over it.

But wait, there’s more.  To deal with municipal broadband projects that got an initial green light to dare to interfere with the phone and cable industries’ grand business plans, another provision provides a near endless supply additional referendums to get rid of the projects.  Hoyle’s bill actually demands more votes should existing systems need:

• refinancing to reduce the interest rate or restructure existing debt;
• to make repairs to the system’s “fixtures;” and/or
• to upgrade the system to meet subscribers’ needs.

Ponder the insanity:

• The legislation could be interpreted to demand a public referendum if your service goes out.  Can you wait until the next election to get back your cable service?
• If a municipal broadband fiber cable falls in your backyard, does it make a sound?  It won’t, but you will when you learn that cable might not be reattached to the pole until the whole town holds a referendum about it;
• Would you be upset if your local municipal provider could refinance its debt at a much lower interest rate, letting them cut their prices, but they can’t before the next election?
• While cable and phone companies refuse to upgrade their service to levels that would have made such municipal alternatives unnecessary, they also want to make certain the one provider that did meet your needs can’t upgrade… without a public vote.

These systems are not constructed with public tax dollars, but Senator Hoyle wants every citizen in a community, subscriber or not, to ponder the future of a local municipal broadband provider.  It’s like giving AT&T veto power over Time Warner Cable’s channel lineup.  Guess who has to pay for these constant referendums?  Taxpayers.  So while Senator Hoyle complains municipal broadband costs the state tax revenue, his legislation guarantees increased government spending on pointless referendums.  That’s logic only a politician working for the interests of big cable can appreciate.

For the cable and phone companies, and their good friends in the North Carolina legislature, this is their idea of a level playing field.  In reality it’s about as level as a downhill ski run.

Let’s extend that “fairness” out to incumbent cable and phone companies and consider whether you got a vote on:

• Whether or not the cable and phone companies got to put their wires on phone poles plunked down in front of your house;
• Whether or not you wanted either company to dig up your yard to bury their wiring;
• Whether you wanted that giant metal refrigerator-sized metal box installed on your street, in your yard, or on the phone pole you see from your window every day;
• Whether or not you want the cable company to repair Mrs. Jenkins’ problems with HBO up the street whenever it rains or replace the cable the squirrels chewed up;
• What channels and services you want to pay for, which ones you do not, and at what price you need to pay your local phone or cable company.
• What cable or phone company gets to provide service in your community.

Apparently the fairness concept only applies to potential new competitors, not the existing providers.

Let’s also consider the cable television industry didn’t just magically bloom into a multi-billion dollar business without government help.  In the early days of cable television, investors were assured that they were financing a monopoly provider, guaranteed through a franchise agreement process that gave newly built cable companies exclusivity to help repay construction costs.  Franchise wars broke out between 1978 and 1984 as competing companies promised the moon with state-of-the-art two-way cable systems with the capacity to offer 70 or more channels.  The players then included Time’s American Television and Communications Corporation, Warner’s Amex, and Telecommunications, Inc. (TCI).  ATC and Amex would later evolve into Time Warner Cable and TCI became AT&T Cable before being sold to Comcast.  Communities seeking cable television for their residents would later learn a lot of these promises made were promises broken – reneged on by large cable companies with few, if any consequences.

During the Reagan Administration, then-FCC Chairman Mark Fowler bestowed additional deregulation benefits on the cable industry.  The Museum of Broadcast Communications explains:

The Cable Communications Policy Act of 1984 addressed the two issues that still hindered cable television’s growth and profitability: rate regulation and the relative uncertainty surrounding franchise renewals. Largely the result of extensive negotiation and compromise between the cable industry’s national organization, the National Cable Television Association, and the League of Cities representing municipalities franchising cable systems, the act provided substantial comfort to the cable industry’s future.

Its major provisions created a standard procedure for renewing franchises that gave operators relatively certain renewal, and it deregulated rates so that operators could charge what they wanted for different service tiers as long as there was “effective competition” to the service. This was defined as the presence of three or more over-the-air signals, a very easy standard that over 90% of all cable markets could meet. The act also allowed cities to receive up to 5% of the operator’s revenues in an annual franchise fee and made some minor concessions in mandating “leased access” channels to be available to groups desiring to “speak” via cable television.

Additional reforms guaranteed pole attachment rights to the cable industry so they could wire and service their network unencumbered by utility company interference or high pole attachment fees.  Cable consolidation allowed formerly mom and pop cable systems to become part of a cable industry where just a handful of cable companies provide service to the majority of cable households.  Countless millions are spent each year by the industry to lobby state and federal governments to keep the party going without regulatory interference, suggesting competiti0n alone is the only regulation required.

Except when a new competitor enters the market, of course.  Fearing competition from municipal providers who will force cable and phone companies to charge reasonable rates and upgrade service, the best possible solution is to find a way to ban such projects.

Forcing regular referendums and the complexities and expenses associated with them guarantees no community in North Carolina would ever bother with the onerous requirements to launch municipal broadband projects.

That’s not just Jay and I saying that.  What Hoyle has proposed hardly breaks new ground.  It’s the same dog and pony show the industry has brought to other states to stop competition and keep prices high and service slow.

So let’s learn from the painful experiences of others:

First lobbying for legislation requiring referendums and then winning it, SBC (later AT&T) and Comcast used the opportunity to spend more than $300,000 of their subscribers’ money to launch a major misinformation campaign with misleading and inaccurate mailers that successfully fought off a proposition to deliver better and cheaper service through a municipal broadband project in Batavia, Geneva, and St. Charles, Illinois.  Fiber for Our Future documented the whole sordid affair from start to finish as a lesson to others confronting industry-backed referendum requirements.

Click here to view the embedded video.

Want a preview of the distortion and misinformation-campaign cable and phone providers will bring to stop municipal broadband?  Watch this SBC (today AT&T) executive tell city officials in Illinois that fiber is “unproven,” that the phone company’s DSL speeds are comparable to Comcast Cable, and that consumers don’t need the 3Mbps speed the company was delivering back in 2004 when this video was taken.  “What are you going to do with 20 megabits.  I mean, it’s like having an Indy race car and you don’t have the race track to drive it on.”  (3 minutes)

Longmont, Colorado spent years suffering with bad broadband service from Comcast and Qwest and sought a better alternative with a municipally-run provider.  But then the cable and phone giants spent $200,000 to put a stop to that.  While local subscribers may have preferred that $200,000 be used to reduce their rates, for Comcast and Qwest it was an investment in maintaining future pricing only duopolies can achieve, all while delivering “good enough for you” broadband service to Longmont residents.  In 2006, the Baller Herbst Law Firm collected information on industry-backed barriers to municipal broadband, and the list went on for nine pages.  Many of them sound eerily familiar to what Hoyle proposes (after cable and phone companies whispered time tested, industry proven ideas into his ear).

The city of North St. Paul, Minnesota has advice for states like North Carolina after their own experience with a coordinated industry-backed smear campaign against municipal broadband enabled by legislation similar to what Hoyle proposes:

What should be of interest to all communities was the organized opposition.  It appears that the incumbent providers, industry associations and politically conservative think tanks teamed up to promote negative news stories, do polling and opposition phone calls, provide transportation for identified “no” voters and create web sites.

While we heard some advocates lamenting this high priced anti-municipal fiber effort, this response is something that community leaders must expect and be prepared for.  A strong community education and mobilization effort must be a part of any municipal telecommunications initiative.  A coalition of business owners and residents must be created and maintained that can counter the expected efforts of the incumbent providers.  The benefits of the community-owned network should be documented and promoted so that an overwhelming majority of voters will choose to vote yes.  We hope that, one way or the other, North St. Paul gets the “More, Better Broadband” that the MN Broadband Coalition supports.

Of course, when local communities are banned from spending a nickel on advocacy for their projects, it effectively hands a restraining order to broadband advocates who can’t even get on the playing field, level or otherwise.

Outraged yet?

It will only get worse if Hoyle’s bill ever becomes law.  Residents in communities like Salisbury endured a sampling of the kind of negative campaign this industry will launch wherever municipal broadband competition threatens to appear.  In 2009, residents were hassled with push-polling phone calls from industry-backed astroturf groups claiming to represent ordinary citizens, but were actually little more than sock puppets for big telecom.  Your mailbox will be filled with blizzards of misleading mailers that current cable and phone customers pay for.  If they need more money, they can always raise your rates to cover the difference.  In the end, with the help of elected officials who don’t care about North Carolina consumers, existing municipal projects can bleed themselves dry (later to be used by the industry as “failed examples” to claim such projects are too risky to try) and proposed ones will never see a spade plunged into the soil to bury the first strand of fiber optic cable.

But it’s not all bad news.  It doesn’t have to happen this way.  You can tell your state representative you are watching them like a hawk on this issue.  Any “yes” vote for legislation like that proposed by Senator Hoyle is a no vote for them at the next election.  Let them know you are well aware of the game plan here — it has been tried in other states with similar legislation that is little more than protectionism for big telecom. Tell your elected officials you already have the power to choose whether or not you want these projects simply by voting for or against the elected officials that propose them.  While the concept of a referendum sounds fair on the surface, it’s not when you consider the past experiences of other communities who faced well-funded opposition campaigns, helpless to correct the record or fairly argue their position on the matter.  Providers know that, which is why they advocate this type of legislation in the first place.  It effectively stops competition, stops better service, and stops North Carolina residents from enjoying lower priced cable, phone, and broadband service.

There are a few stand-up representatives of the people of North Carolina who do deserve our gratitude and thanks today.

Rep. Paul Luebke, (D-Durham County) (who co-chairs the Revenue Law Study Committee) Paul.Luebke@ncleg.net 919-733-7663 College Teacher

Rep. Jennifer Weiss, (D-Wake County) Jennifer.Weiss@ncleg.net 919-715-3010 Lawyer-Mom

They both will likely face fierce opposition from the incumbent providers and their fellow legislators. Please take the time to thank them for standing with consumers today and for trying to protect the future of North Carolina and its economy.

Stop the Cap! will have video of today’s remarks by both legislators soon.  We hope to follow with a complete video record of today’s events surrounding the anti-competition legislation proposed by Senator Hoyle.  It will serve as a testament to just how much work we have to do to remove legislators who have stopped representing the public interest, and renew our support for those who stand with consumers.

Meanwhile, check out these two delightful pieces paid for by the cable and phone industry, sent to homes where municipal broadband projects faced a referendum in 2003 and 2004.  More than a dozen different mailers were sent to every home in the communities of Batavia, Geneva, and St. Charles, Illinois from phone and cable companies.  Now imagine the repercussions when not one of those communities could respond with their own mailers correcting the record and giving their side of the argument.  There is a reason why special interests spend enormous sums of money to protect their turf, and the battle is over before it even begins when those interests demand the other side not have the opportunity to respond in kind.

What smears do providers in North Carolina have in store for you?

To read industry propaganda like this, they'd have you believe there has never been a community-run or cooperative telecommunications company success story. In fact, there are well over 500 of them operating right now, and those are just the dues-paying members of the National Telecommunications Cooperative Association.

When the three cities tried a second time for a municipal project in 2004, the deep pockets of incumbent cable and phone companies allowed them to buy plenty of newspaper advertising space to smear the effort all over again.

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North Carolina faces a moratorium on municipal broadband deployment.  On Wednesday, Senators David Hoyle and Daniel Clodfelter will introduce a bill expected to stall community broadband projects across the state.  The bill, which has yet to be seen by the public, should appear in the Revenue Laws Study Committee, co-chaired by Clodfelter.  We have heard the bill faces mere minutes of consideration before a quick vote, in hopes of moving it forward before the public finds out what elected officials are doing on their behalf.

Proponents of the moratorium argue that municipal broadband harms private industry and reduces tax revenue the state earns from those businesses.  But their argument lacks something — merit.  Missing from the debate are the actual numbers from the state’s largest telecommunications companies.  How much tax revenue does Time Warner Cable, AT&T and CenturyLink (formerly EMBARQ) generate?  We don’t know and the two senators (and the companies involved) aren’t saying.

Municipal broadband projects bring numerous benefits to North Carolina communities:

• jobs (taxpayers);
• high tech businesses moving into the state (taxpayers);
• entrepreneurial innovation that creates new small businesses (taxpayers); and
• benefits to the education and health care sectors (future taxpayers and keeping current taxpayers alive and healthy).

Make no mistake — a moratorium is just a stall tactic to protect current provider profits and avoid competition, all while giving them more time to organize a push for a permanent ban on such projects.

Why are Hoyle and Clodfelter only concerned with protecting incumbent telecom companies?  What about the rest of us?

Please join us tomorrow at the Legislative Office Building in Raleigh, and perhaps we can ask them.

Action Alert — We Need Your Attendance!

• Where: Legislative Office Building, Raleigh
• When: Wednesday May 5th at 9:30am, Room 544
• Why: Just having consumers in the room make elected officials nervous, especially when they are about to introduce a bill the public has never seen five minutes before a vote to move it forward in the short legislative session starting May 12th.

GOOGLE AND SEVEN INDUSTRY GROUPS OPPOSE NC MUNICIPAL BROADBAND MORATORIUM

Raleigh, NC – May 4, 2010   Google, Intel and six other private sector groups announced strong opposition today to a North Carolina municipal broadband moratorium being considered by the General Assembly’s Revenue Laws Study Committee, calling it “a step in the wrong direction,” “counterproductive” and “conspicuously in opposition to national broadband policy.” Legislation to prohibit municipal broadband deployments in the state is expected to be introduced and voted on tomorrow May 5. At least 45 individual communities in North Carolina, including Raleigh, Cary, Chapel Hill, Carrboro, Greensboro, Asheville and Wilmington, recently applied to partner with Google on its announced plans to build ultra-high speed fiber to the home systems.

In a strongly-worded letter to North Carolina’s House and Senate leadership, Google, Intel, Alcatel-Lucent, the Fiber to the Home Council (FTTC), American Public Power Association (APPA), Atlantic Engineering, Telecommunications Industry Association (TIA), and the United Telecom Council (UTC) stated that such a bill would harm both the public and private sectors. “It would thwart public broadband initiatives, stifle economic growth, prevent the creation or retention of thousands of jobs, and diminish quality of life in North Carolina. In particular, it would hurt the private sector in several ways: by undermining public-private partnerships; hamstringing the private sector’s ability to sell its goods and services; interfering with workforce development; and stifling creativity and innovation.”

“Enactment of a counterproductive municipal broadband moratorium would put North Carolina conspicuously in opposition to national broadband policy,” the letter states, and continues: “The Federal Communications Commission’s National Broadband Plan also admonishes states not to interfere with community broadband efforts where local officials do not believe that the private sector is acting quickly enough to meet community broadband needs.  Consistent with these expressions of national policy, communities across America are doing their share to contribute to the rapid deployment of broadband to all Americans.”

Those words echo a similar statement by FCC Commissioner Mignon Clyburn just last week in Asheville, NC. Commissioner Clyburn equated such a moratorium to denying citizens “the opportunity to connect with their nation and improve their lives” and called such a move “counterproductive,” one which could ” impede the nation from accomplishing the [National Broadband] Plan’s goal of providing broadband access to every American and every community anchor institution.”

A bill supported by Time Warner Cable and AT&T, the municipal broadband moratorium is being pushed by Senators Hoyle (D-Gaston) and Clodfelter (D-Charlotte Mecklenburg) for the alleged purpose of protecting the private sector and associated state tax revenues. But opponents to the bill argue the bill would hurt the private sector and even these representatives’ local constituents. Such a moratorium would terminate the City of Charlotte’s recent plans to build a multi-million dollar municipal network to provide broadband service to its public safety, educational, government institutions and the unemployed through the use of federal ARRA broadband funds. The bill also has the potential to make both Gaston and Gaston County less attractive to Google with whom they submitted an application to partner for a fiber to the home network.

“North Carolina should be lowering barriers to public broadband initiatives rather than establishing new ones, so that we and other high technology companies can spread and prosper across this beautiful state,” the letter states. At least 45 individual communities in North Carolina, including Raleigh, Cary, Chapel Hill, Carrboro, Greensboro, Asheville and Wilmington, recently applied to be partners with Google on its announced plans to bring  fiber to the home to between 50,000 to 500,000 households in an effort to unleash advanced scientific, educational, medical and environmental applications through these ultra-high speed networks, now being deployed throughout the world and in China. North Carolina already has two municipalities, Wilson and Salisbury, deploying these fiber systems to their residents.

Jay Ovittore, co-Director at Communities United for Broadband says, “A moratorium or any other barriers to “real” next generation broadband deployment would be a leap in the wrong direction for North Carolina’s citizens and for North Carolina’s economy.”  Communities United for Broadband is a citizen run advocacy group that promotes the exchange of ideas between communities, both rural and urban, to find the best solutions for their broadband needs.  You can find Communities United for Broadband on Facebook at http://bit.ly/aW6skP and on Twitter at http://twitter.com/CUFB

For more information:

www.broadband4everyonenc.com

http://groups.google.com/group/nc-public-broadband

http://stopthecap.com/2010/04/28/fcc-commissioner-mignon-clyburn-speaks-in-favor-of-municipal-broadband-projects-at-seatoa-conference/

http://www.muninetworks.org/

The Fiber to the Home Council also sent a separate letter to North Carolina Governor Bev Perdue.

You can continue to write the legislators who are pushing this industry written legislation.  Trust me they are hearing you. Be nice, but let them know you do not want a moratorium on muni-broadband, it will hurt economic development in our state and you want what the rest of the world enjoys for broadband access.

• Sen. Daniel Gray Clodfelter (Co-Chair) Mecklenberg Daniel.Clodfelter@ncleg.net (919) 715-8331 Democrat (704) 331-1041 Attorney
• Sen. Peter Samuel Brunstetter Forsyth Peter.Brunstetter@ncleg.net (919) 733-7850 Republican (336) 747-6604 Attorney
• Sen. David W. Hoyle Gaston David.Hoyle@ncleg.net (919) 733-5734 Democrat (704) 867-0822 Real Estate Developer/Investor
• Sen. Samuel Clark Jenkins Edgecomb, Martin, Pitt Clark.Jenkins@ncleg.net (919) 715-3040 Democrat (252) 823-7029 W.S. Clark Farms
• Sen. Jerry W. Tillman Montgomery, Randolph Jerry.Tillman@ncleg.net (919) 733-5870 Republican (336) 431-5325 Ret’d school teacher
• Rep. Harold J. Brubaker Randolph Harold.Brubaker@ncleg.net 919-715-4946 Republican 336-629-5128 Real Estate Appraiser
• Rep. Becky Carney Mecklenberg Becky.Carney@ncleg.net 919-733-5827 Democrat 919-733-5827 Homemaker
• Rep. Pryor Allan Gibson, III Anson, Union Pryor.Gibson@ncleg.net 919-715-3007 Democrat 704-694-5957 Builder/TWC contractor
• Rep. Dewey Lewis Hill Brunswick, Columbus Dewey.Hill@ncleg.net 919-733-5830 Democrat 910-642-6044 Business Exec (Navy)
• Rep. Julia Craven Howard Davie, Iredell Julia.Howard@ncleg.net 919-733-5904 Republican 336-751-3538 Appraiser, Realtor
• Rep. Daniel Francis McComas New Hanover Danny.McComas@ncleg.net 919-733-5786 Republican 910-343-8372 Business Executive
• Rep. William C. McGee Forsyth William.McGee@ncleg.net 919-733-5747 Republican 336-766-4481 Retired (Army)
• Rep. William L. Wainwright Craven, Lenoir William.Wainwright@ncleg.net 919-733-5995 Democrat 252-447-7379 Presiding Elder

Don’t forget to thank those we have identified as on our side of the issue, for being forward thinking and truly representing the people:

• Sen. Daniel T. Blue, Jr. Wake Dan.Blue@ncleg.net (919) 733-5752 Democrat (919) 833-1931 Attorney
• Sen. Fletcher Lee Hartsell, Jr. Cabarrus, Iredell Fletcher.Hartsell@ncleg.net (919) 733-7223 Republican (704) 786-5161 Attorney
• Sen. Josh Stein Wake Josh.Stein@ncleg.net (919)715-6400 Democrat (919)715-6400 Lawyer
• Rep. Paul Luebke (Co-Chair) Durham Paul.Luebke@ncleg.net 919-733-7663 Democrat 919-286-0269 College Teacher
• Rep. Jennifer Weiss Wake Jennifer.Weiss@ncleg.net 919-715-3010 Democrat 919-715-3010 Lawyer-Mom

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Back in May of 2009, I started a series called Follow the Money to illustrate the large amounts of money the telecommunications companies spend on legislators to push their agendas for them.  You can always tell how most legislators will vote if you simply follow the money.

Through the wonders of public records searches at the North Carolina State Board of Elections, I am able to see the PAC contributions that legislators have received.  I can also cross reference this information with the dates the legislators are in session and the Secretary of State’s online lobbyist database.  In North Carolina you can take PAC money from a PAC who has a registered lobbyist so long as the General Assembly is not in session. If you take the contribution while in session, the state’s General Statute says it must be forfeited to the state’s General Forfeiture fund.

In this Moratorium Watch 2010 edition I want to focus on two North Carolina legislators leading the charge to ban or restrict municipal broadband projects — Sen. Daniel Clodfelter (D-Mecklenburg) and Sen. David Hoyle (D-Gaston).

Clodfelter is the co-chair of the Revenue Laws Study Committee.  In just 24 months, he took in a total of $16,000 in PAC contributions from big telecom companies and their friends:

• $1500 from North Carolina Cable PAC
• $1000 from Sprint/Nextel
• $1500 from Embarq
• $500 from the NC Association of Broadcasters
• $5500 from Time Warner Cable
• $5000 from AT&T
• $1000 from North Carolina Broadcast PAC

Senator “Obsolete Fiber” Hoyle dwarfed Clodfelter over the past 24 months:

• $3500 from Sprint/Nextel
• $4500 from Embarq
• $8250 from Time Warner Cable
• $4000 from AT&T
• $2000 from Electricities (Drew Saunders is a lobbyist with Electricities and was a primary sponsor on the Level Playing Field bill for big telco a few years back)
• $1500 from North Carolina Broadcast PAC
• $1500 from North Carolina Cable PAC

That’s $25,250 for Hoyle from companies with an active interest in the telecommunications debate in this state.

When you consider more than $40,000 was spent to boost the campaign coffers of just two state legislators, it’s not hard to see big money is involved statewide.  It doesn’t even have to arrive in the form of a PAC contribution.  Clodfelter just had a $29 million Time Warner Cable headquarters building placed in Mecklenburg County.  Hoyle helped procure the Apple Data Center, located 22.5 miles north of his district in Maiden, NC.

When cross-referencing Hoyle’s PAC contributions with the state lobbyist database, I found several possible conflicts that warrant investigation, and I will bring my concerns to the North Carolina State Board of Elections.  If my complaint is upheld, perhaps Hoyle’s concerns about the need for additional state revenue could be eased knowing some potentially improper contributions made to his campaign were turned over to the General Forfeiture fund.  Hoyle has already announced he is not running for re-election so he doesn’t need the money anyway.

Once you count that money, it’s easy to discover why some of our state legislators are actively working against our own best interests here in North Carolina.  The corporate campaign contribution, which can be likened to legalized bribery, makes it difficult to convince legislators to always vote with their constituents’ best interests at heart.  Whenever legislators are willing to cash corporate contributions and vote against consumer interests, we’ll be here to call them on it.  Until this country gets corporate money out of government, it’s all we’ve got.

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Back in 2006, Alaska Senator Ted Stevens emphatically declared that the Internet was not a truck, but rather a series of tubes.  That’s why Net Neutrality was such a bad idea, get it?

Click here to view the embedded video.

Senator Ted Stevens Infamous “Series of Tubes” Speech from 2006.  (11 minutes)

Fundamentally misunderstanding technology and the Internet is not exclusively the domain of an ex-senator from the State of Palin, however.

North Carolina State Senator David Hoyle (D-Gaston County) managed to illustrate he didn’t know what he was talking about either.

Hoyle’s pretzel-like logic, in opposing municipal fiber broadband projects in the state, is that fiber optics could be obsolete within five years, so we shouldn’t even bother with them:

“You know the technology’s changing daily. Five years, ten years from now … wireless could replace most of fiber optics of coaxial cable or, or copper even. Might become not totally obsolete, but their ability to, uh, you know, to fund the debt service from the hard assets they had to put into the ground.”

If one extends that reasoning to his good friends in the cable and telephone industry — if fiber is potentially obsolete in five years, what about the phone company’s copper wires and the cable company’s coax?  Copper wiring was used for telegraphy starting in the 1830s and is still the backbone of today’s telephone networks.  Coaxial cable was invented in 1880 and still runs into virtually every cable subscriber’s home.  The first commercial application for a fiber optic communications system came in 1977.  In fact, most experts believe fiber optics will be the platform for America’s telecommunications network for at least the next quarter century.  The cable industry promotes its own use of fiber, and forward thinking phone companies like Verizon are relying on fiber to the home networks to stay relevant for the future.

Sen. David Hoyle (D-NC)

Fiber optic has all of the advantages:

• SPEED: Fiber optic networks operate at high speeds – up into the gigabits and still rising
• BANDWIDTH: large carrying capacity, and growing larger as advances continue
• DISTANCE: Signals can be transmitted further without needing to be “refreshed” or strengthened.
• RESISTANCE: Greater resistance to electromagnetic noise such as radios, motors or other nearby cables.
• MAINTENANCE: Fiber optic cables costs much less to maintain, and upgrades can occur without disturbing existing cable — just switch the laser technology used.

The costs to construct fiber networks, which used to be in the thousands of dollars per household, is now well under $1,000 for companies like Verizon.  Keeping happy customers and having the ability to market phone, broadband, and television services across an all-fiber network open new revenue streams which help defray initial expenses.  Fiber is an investment in the future.

Why isn’t wireless going to make fiber networks obsolete?

Allocating sufficient spectrum to support today’s high bandwidth applications is a practical impossibility, especially considering the politics and in-fighting from current spectrum holders to keep their allocations.  Spectrum is a limited resource, which guarantees limited competition, limited bandwidth, and higher prices.  While wireless applications will continue to be an important part of our communications future, it is unlikely they’ll be the favored method to support high bandwidth content in the near term.  Considering the implications of all of the new cell sites required to provide blanket coverage, it may never survive the inevitable howls of protest from neighborhoods who have to live with the eyesores.

Senator Hoyle opened his mouth and stupid fell out.  He’s not just wrong — his comments also carry implications for his constituents.

The City of Gastonia, along with Gaston County jointly filed an application alongside 35 others here in North Carolina seeking to get Google’s 1 Gigabit Fiber Optic to the Home Network.

How do city officials feel about their representative in the state legislature actively trashing fiber networks?  I will have that answer for you soon.

Click here to view the embedded video.

Senator David Hoyle (foreground, with back to camera) tells meeting fiber could be obsolete within five years.  (25 seconds)

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Report on Today’s Legislative Meeting

Sen. David Hoyle (D-NC)

As I have been reporting here, the moratorium on municipal broadband is alive and well in the legislative halls of Raleigh.  Senator David Hoyle (D-Gaston), sponsor of last year’s consumer atrocity HB1252, is back again asking Senator Daniel Clodfelter (D-Mecklenburg County) for a vote May 5th on a proposed moratorium for municipal broadband projects.  Hoyle is not running for re-election.

While no new legislation has surfaced yet, several legislators continue to hint that a new bill is forthcoming.  Be assured any such legislation will be designed to protect today’s monopoly/duopoly marketplace for broadband service in North Carolina.

Senator David Hoyle calls on the legislative committee to introduce and vote for a moratorium on municipal broadband projects in North Carolina. (April 21, 2010) (1 minute, 30 seconds)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Meeting Highlights:

Senator Daniel Clodfelter (D-NC)

• Senator Clodfelter opened the meeting stating that he “wants to focus on revenue issues/financing, not whether or not high speed Internet is a good thing.”

• Heather Fennell, from the research division at the General Assembly gave a presentation citing laws that govern cities, the original lawsuit that established precedent for cities to construct municipal fiber networks, what cities have them, and who pays the taxes on different systems.

• Vance Holloman, Deputy Treasurer-State and Local Finance Division spoke next.  He assured the committee and attending audience that North Carolina’s existing municipal systems are in good standing and he expected they would be able to pay down debts incurred from initial construction and deployment costs.  Holloman added the Local Government Commission, which has to approve the financing of these systems, believed these projects represent “solid economic development investments.”  Holloman’s strong presentation should have encouraged legislators to favor economic development from fiber optic broadband, but we had a strong sense several members had already made up their minds made up to oppose these projects.  You will have to convince them to reconsider.

• The next part of this session divided 50 minutes between private commercial providers and municipalities to share their views.

The commercial providers went first, beginning with attorney Marcus Trathen from the law firm Brooks/Pierce.  Today, he was representing the North Carolina Cable Communications Association (NCCCA).  Trathen has also appeared at prior meetings representing the interests of Time Warner Cable.

Trathen’s presentation was about as expected – talking points loaded with misrepresentations and misinformation.  Trathen told the committee the industry does not object if cities build private networks for internal communications (how generous), but doesn’t want those networks competing with NCCCA members.

Kelli Kukura, NC League of Municipalities

Suddenlink Communications’ Bill Paramore and AT&T lobbyist Herb Crenshaw also spoke, speaking in glowing terms about investments already made to improve service in the state.  Crenshaw claimed AT&T is providing U-verse service in North Carolina after spending $1.2 billion dollars on system upgrades, an amount some have questioned (a 2007 press release pegged it at $350 million.)  Of course, North Carolina’s cable and broadband customers who were promised savings from all this “robust competition” have instead been stuck paying annual rate increases that more often than not exceed the rate of inflation.

Next up were the municipalities.

Kelli Kukura from the North Carolina League of Municipalities started by challenging industry propaganda designed to downplay the benefits of municipal broadband.  Kukura noted at least 30 North Carolina communities enthusiastically applied for Google’s proposed 1 gigabit fiber to the home network, illustrating intense interest in fiber networks.  Google has also been an active proponent of municipal broadband, Kukura noted, reminding legislators the search engine giant defended the rights of municipalities seeking to deploy next generation broadband networks.

Among the communities that have their own municipal systems, job growth grew by an average of 6.4 percent.  Kukura cited broadband success stories in Bristol, Virginia and Wilson, North Carolina.

Salisbury small businessman Brad Walser, owner of Walser Technology Group testified that North Carolina community’s new municipal broadband network Fibrant would meet his company’s needs for broadband capacity not available from commercial providers.  Walser noted Salisbury is suffering from an unemployment rate exceeding 14 percent.  Advanced broadband, he believes, could help the city attract new businesses that will help create new, high paying jobs.  Fibrant is expected to launch later this year.

EPB provides broadband service for residents in Chattanooga, Tenn.

Some of the strongest testimony came from Colman Keane, senior strategic planner for municipally-owned EPB Telecom. Keane traveled all the way from EPB’s home in Chattanooga, Tennessee to share his experiences confronting a telecommunications industry hostile to the prospect of facing a new competitor.  Keane has seen and heard the industry arguments all before, noting Chattanooga heard the exact same scare stories legislators in Raleigh were hearing today.  Chattanooga also faced a proposed one year moratorium and a blizzard of industry-backed lawsuits, all which were won by the city.

The benefits of fiber optic broadband in Chattanooga include dramatically-improved broadband speeds as well as a more efficient power grid made possible from smart meters that help Chattanoogans reduce their peak power usage, saving money.  I want to thank Colman for making the long journey on behalf of consumers in North Carolina.

• Finally, Raleigh community activist and former city council candidate Octavia Rainey spoke out against municipal broadband, which concerned me.  Rainey spent her time seated with the telecom lobbyists, and her presentation illustrated the impact of astroturf efforts to co-opt good-hearted consumers into the industry cause. I hope to establish a dialogue with Ms. Rainey to share our information with her and learn more about how she reached her views on this subject.  More to come.

The complete hearing of the Revenue & Laws Committee of the North Carolina Legislature on the issue of the financial implications of municipal broadband, chaired by Senator Daniel Clodfelter (D-Mecklenburg County) (April 21, 2010) (2 hours, 8 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

[Octavia has a long history of community involvement in Raleigh, trying hard to improve her neighborhoods and life in general for area residents, something she is to be applauded for doing.  I suspect Ms. Rainey has formed her views on municipal broadband in part from her close working relationship with AT&T, who has a long history trying to make friends with various community groups in part to win favor for their corporate agenda.  In this case, Octavia admits AT&T's Cynthia Mitchell and her have become "great partners."  AT&T provided support in building an area playground and also paid for lunch for volunteers working on the project, adding the company wanted to be a part of the Raleigh community.  There is nothing wrong with that, of course, but one wonders if the conversation also drifted into AT&T's talking points along the way.

Ms. Rainey also praised AT&T for delivering free Internet service to 290 Raleigh-area families last fall, which would make it ironic if she didn't support municipal broadband, which has a proven track record of erasing the digital divide and lowering prices for hard-pressed consumers.  These are the people that need some fact-based information about the true benefits of municipal broadband.  -- Phillip Dampier]

Today was expected, but disappointing nonetheless.  Hoyle actually suggested that fiber networks may be obsolete in five years and we may be moving to wireless.  If that were true, why is he hellbent on a moratorium and the banning of such networks at the industry’s behest?  Why would the telecommunications industry be concerned about “obsolete fiber networks?”  The only thing obsolete here are the broadband networks owned by big cable and phone companies Hoyle wants to preserve and protect.

Rep. Pryor Gibson (D-NC)

Rep. Pryor Gibson, who we noted is a manager for Time Warner Cable Construction agreed to recuse himself from this issue after it became a point of contention and sat in the back corner of the room.

All of your e-mails and calls have been getting through to the legislators.  This kind of attention makes them nervous and I ask you to continue.  I can assure you that we here at Stop the Cap!, along with Communities United for Broadband, Broadband for Everyone NC, and Save North Carolina Broadband are going to ratchet up attention on this issue.

WHAT YOU CAN DO TO HELP

Continue writing and calling the legislators below and asking them to oppose a moratorium on municipal broadband.  Make plans on May 5th to come to Raleigh and be part of the crowd that opposes the moratorium.  I will post meeting details as they develop.

Please thank the legislators we have identified on this committee as friends of our cause:

• Sen. Daniel T. Blue, Jr. Wake Dan.Blue@ncleg.net (919) 733-5752 Democrat (919) 833-1931 Attorney
• Sen. Fletcher Lee Hartsell, Jr. Cabarrus, Iredell Fletcher.Hartsell@ncleg.net (919) 733-7223 Republican (704) 786-5161 Attorney
• Sen. Josh Stein Wake Josh.Stein@ncleg.net (919)715-6400 Democrat (919)715-6400 Lawyer
• Rep. Paul Luebke (Co-Chair) Durham Paul.Luebke@ncleg.net 919-733-7663 Democrat 919-286-0269 College Teacher
• Rep. Jennifer Weiss Wake Jennifer.Weiss@ncleg.net 919-715-3010 Democrat 919-715-3010 Lawyer-Mom

The rest of the lot either doesn’t support North Carolina consumers or have not yet made their views known on this issue.  We must pin them down and identify those elected legislators that represent the people versus those representing big cable and phone interests.  Be sure to tell them you will interpret any support for a moratorium on municipal broadband to mean they are opposed to competition, opposed to lower prices for consumers, opposed to job creation and economic growth, and obviously for the cable and phone interests that will stop at nothing to keep these systems from being built.

Ask them how they could possibly support keeping North Carolina 41st in the country in broadband rankings, why they are against reducing the 11.2 percent unemployment rate (10th worst in the country) in North Carolina, and how they can justify a vote that guarantees exactly more of the same.  If you are from a city that applied for Google Fiber, remind your legislator passing this kind of hostile moratorium delivers a strong message this state is not serious about the next generation of broadband, and Google should look elsewhere.

Above all, note now that they understand the true implications this moratorium will have on constituents, you are confident there is no way they could ever support such a bad idea.  Their delivery of a strong “no” vote reminds you why you supported them in the last election and will consider doing so again in the next.

Always be polite, professional, and persuasive in your correspondence, but deliver a clear and firm message that supporting a moratorium is completely unacceptable.  Finally, be sure to ask them to get back in touch with you regarding their position on this issue as soon as possible.  Then let us know!

• Sen. Daniel Gray Clodfelter (Co-Chair) Mecklenberg Daniel.Clodfelter@ncleg.net (919) 715-8331 Democrat (704) 331-1041 Attorney
• Sen. Peter Samuel Brunstetter Forsyth Peter.Brunstetter@ncleg.net (919) 733-7850 Republican (336) 747-6604 Attorney
• Sen. David W. Hoyle Gaston David.Hoyle@ncleg.net (919) 733-5734 Democrat (704) 867-0822 Real Estate Developer/Investor
• Sen. Samuel Clark Jenkins Edgecomb, Martin, Pitt Clark.Jenkins@ncleg.net (919) 715-3040 Democrat (252) 823-7029 W.S. Clark Farms
• Sen. Jerry W. Tillman Montgomery, Randolph Jerry.Tillman@ncleg.net (919) 733-5870 Republican (336) 431-5325 Ret’d school teacher
• Rep. Harold J. Brubaker Randolph Harold.Brubaker@ncleg.net 919-715-4946 Republican 336-629-5128 Real Estate Appraiser
• Rep. Becky Carney Mecklenberg Becky.Carney@ncleg.net 919-733-5827 Democrat 919-733-5827 Homemaker
• Rep. Pryor Allan Gibson, III Anson, Union Pryor.Gibson@ncleg.net 919-715-3007 Democrat 704-694-5957 Builder/TWC contractor
• Rep. Dewey Lewis Hill Brunswick, Columbus Dewey.Hill@ncleg.net 919-733-5830 Democrat 910-642-6044 Business Exec (Navy)
• Rep. Julia Craven Howard Davie, Iredell Julia.Howard@ncleg.net 919-733-5904 Republican 336-751-3538 Appraiser, Realtor
• Rep. Daniel Francis McComas New Hanover Danny.McComas@ncleg.net 919-733-5786 Republican 910-343-8372 Business Executive
• Rep. William C. McGee Forsyth William.McGee@ncleg.net 919-733-5747 Republican 336-766-4481 Retired (Army)
• Rep. William L. Wainwright Craven, Lenoir William.Wainwright@ncleg.net 919-733-5995 Democrat 252-447-7379 Presiding Elder

The future of North Carolina’s economic growth is at stake here.

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We are getting the message out about what will occur Wednesday here in North Carolina and you all are doing a great job writing and calling legislators to let them know not to support a Moratorium on Municipal Broadband Deployment.  But, we need to show up with an army of folks this Wednesday morning to show them we are involved and watching their every move.

Please try to be at the Legislative Office Building, Room 544, 300 North Salisbury Street in Raleigh this Wednesday at 9:30am.

In the original action alert we told you what was at stake.  I wanted to add some information I did not have at the time that makes this all the more interesting.

First, Sen. Daniel Clodfelter (D-Mecklenburg County), who is a co-chair of the Committee is pushing this moratorium because, we are told, he believes that municipal broadband hurts the private sector and will negatively impact state tax revenue.

This is false.

For one, as far as we can tell, a corporation’s tax payments to the state are not a part of the public record, so exactly how Clodfelter does the math escapes us.

What is known is that broadband is a job stimulator, and considering North Carolina’s current broadband ranking is 41st out of 50 states, there is nowhere to go but up.  When businesses consider opening offices or facilities in a state, broadband can be an important deciding factor.  When companies like Time Warner Cable refuse to upgrade their broadband service, few digital businesses are going to consider making North Carolina their new home.

Clodfelter has enjoyed some non-broadband-related growth in his district — namely the brand spanking new $29 million Time Warner Cable headquarters office just constructed in Charlotte, Mecklenburg County.  Ironically, the same company that doesn’t want public dollars going to their potential competitors has no problem taking dollars themselves — the expansion in Charlotte was made possible in part by a Job Development Investment Grant from the State of North Carolina.  Job growth for Time Warner Cable?  Sure.  Job growth for companies that want better broadband?  Not so much.

Time Warner Cable's new $29 million dollar complex in Charlotte was made possible in part by a Job Development Investment Grant from the state government.

Next, Committee member Rep. Pryor Gibson (D-Anson, Union Counties) is, as we pointed out in the last action alert, a Time Warner Cable Contractor — and that was an understatement.  We made a Freedom of Information Act request to obtain additional information about Rep. Gibson’s interests outside his legislative duties.  According to his 2008 Statement of Economic Interest, under Job Title/Employer, Gibson prioritizes:

1. Manager, Time Warner Cable Construction
2. Legislator, NC General Assembly
3. self-employed, builder.

Gibson lists his job titles starting with "Time Warner Cable Contractor" in this Statement of Economic Interest obtained through a Freedom of Information Request (click to see the entire document - PDF)

Yes, he lists his Time Warner Cable job before legislator.  I guess we know whose interests he represents first.

Today, I am filing a complaint with the North Carolina Ethics Commission requesting that Gibson be forced to recuse himself from conversations about cable/telecommunications and that he abstain from any votes on these matters as a direct conflict of interest.  I also have a call into Speaker Joe Hackney’s office to request that he inquire about this issue as well.

It has been two months since the groundswell of support for Google’s Fiber Optic “Think Big With a Gig” Project became the issue for some 1,100 communities across our country, all jockeying to win the search engine giant’s favor.  We need to understand what this proposed moratorium really means for the state of North Carolina.

There was no shortage of applicants in this state, all clamoring for economic boosting, job growing, innovative super fast broadband.  Greensboro, Asheville, Durham and Wilmington were all represented, fully backed by local government officials.  What do 1,100 communities know that Clodfelter doesn’t?  That high speed broadband is America’s next great game-changing infrastructure project, as important as the canal system, railroads, highways, and airports were to past generations.  It’s no surprise those with vested interests in keeping things exactly as they are would fight to stop such projects.  But our legislators should not be enabling them.

What does it mean to Google, when sifting through the thousand plus applications, to find North Carolina’s legislature throwing up hostile opposition to expansive broadband projects?  Google is not going to get into the Internet Service Provider business.  Sooner or later, Google could easily turn such demonstration projects over to a local municipality once the search engine’s public policy agenda is fulfilled.  If this moratorium passes, they can’t do that.  But nothing prohibits them from selling it off to an incumbent provider like Time Warner Cable or CenturyLink.  Both would be more than happy to accept it I’m sure, all while maintaining today’s current high prices made possible from the ongoing broadband duopoly. Then again, seeing how North Carolina seeks to clamp down on broadband innovation, Google may just decide to look elsewhere.

Keep up the good work fighting for better broadband.  Continue writing and calling legislators on the issue and please be there Wednesday to let them know we are watching and that we will hold them to a higher standard then some of them hold themselves.  Be sure to report back what you are hearing in response, and please thank and support those that choose to reject this legislation.

Here again is the information for the membership of The Joint Revenue Laws Study Committee, so get on the phones and write those e-mails!:

(Please send individual messages to members, even if the contents are essentially the same — avoid simply CC’ing a single message to every representative.)

• Sen. Daniel Gray Clodfelter (Co-Chair) Mecklenberg Daniel.Clodfelter@ncleg.net (919) 715-8331 Democrat (704) 331-1041 Attorney
• Sen. Daniel T. Blue, Jr. Wake Dan.Blue@ncleg.net (919) 733-5752 Democrat (919) 833-1931 Attorney
• Sen. Peter Samuel Brunstetter Forsyth Peter.Brunstetter@ncleg.net (919) 733-7850 Republican (336) 747-6604 Attorney
• Sen. Fletcher Lee Hartsell, Jr. Cabarrus, Iredell Fletcher.Hartsell@ncleg.net (919) 733-7223 Republican (704) 786-5161 Attorney
• Sen. David W. Hoyle Gaston David.Hoyle@ncleg.net (919) 733-5734 Democrat (704) 867-0822 Real Estate Developer/Investor
• Sen. Samuel Clark Jenkins Edgecomb, Martin, Pitt Clark.Jenkins@ncleg.net (919) 715-3040 Democrat (252) 823-7029 W.S. Clark Farms
• Sen. Josh Stein Wake Josh.Stein@ncleg.net (919)715-6400 Democrat (919)715-6400 Lawyer
• Sen. Jerry W. Tillman Montgomery, Randolph Jerry.Tillman@ncleg.net (919) 733-5870 Republican (336) 431-5325 Ret’d school teacher
• Rep. Paul Luebke (Co-Chair) Durham Paul.Luebke@ncleg.net 919-733-7663 Democrat 919-286-0269 College Teacher
• Rep. Harold J. Brubaker Randolph Harold.Brubaker@ncleg.net 919-715-4946 Republican 336-629-5128 Real Estate Appraiser
• Rep. Becky Carney Mecklenberg Becky.Carney@ncleg.net 919-733-5827 Democrat 919-733-5827 Homemaker
• Rep. Pryor Allan Gibson, III Anson, Union Pryor.Gibson@ncleg.net 919-715-3007 Democrat 704-694-5957 Builder/TWC contractor
• Rep. Dewey Lewis Hill Brunswick, Columbus Dewey.Hill@ncleg.net 919-733-5830 Democrat 910-642-6044 Business Exec (Navy)
• Rep. Julia Craven Howard Davie, Iredell Julia.Howard@ncleg.net 919-733-5904 Republican 336-751-3538 Appraiser, Realtor
• Rep. Daniel Francis McComas New Hanover Danny.McComas@ncleg.net 919-733-5786 Republican 910-343-8372 Business Executive
• Rep. William C. McGee Forsyth William.McGee@ncleg.net 919-733-5747 Republican 336-766-4481 Retired (Army)
• Rep. William L. Wainwright Craven, Lenoir William.Wainwright@ncleg.net 919-733-5995 Democrat 252-447-7379 Presiding Elder
• Rep. Jennifer Weiss Wake Jennifer.Weiss@ncleg.net 919-715-3010 Democrat 919-715-3010 Lawyer-Mom

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When millions of dollars are at stake, some commercial broadband providers will stop at nothing to preserve the duopoly they enjoy across most of North Carolina.  Their formula for success — delivering the least amount of service at the highest possible price.  When communities like Wilson and Salisbury decided that formula wasn’t working for them, they embarked on their own municipally-built, fiber-based broadband networks.  It wasn’t something either community took lightly.  They asked, they pleaded, they begged for better broadband service from incumbent providers who decided what they were providing was already good enough.

The biggest shock of these providers’ lives came when both communities decided to build better networks themselves.

Now, the commercial providers who are challenged to upgrade to compete are instead spending enormous sums of money in the North Carolina legislature to put a stop to these municipal projects.  Why spend money on upgrading when you can simply ban the potential competition?

Last year, Stop the Cap! teamed up with other consumer advocates to put a stop to legislation custom-written by the cable industry and introduced by a very-compliant state legislator.  When our readers and others called to complain, some found the phone handed off to a cable lobbyist literally sitting in his office!

Your outrage over paying big bills for bad service from too few providers was heard in Raleigh, and the legislation was de-fanged and buried in a committee charged with “studying the issue.”  The legislator who introduced it resigned under an ethical cloud last fall.

Unfortunately for consumers in North Carolina, there is always someone else willing to pick up where the last one who sold his constituents down the river left off.

Our North Carolina issues coordinator Jay Ovittore, who is now working with Communities United for Broadband to promote better broadband, is here with a report about the latest developments in North Carolina and a Call to Action! for all of our readers.  Preserving successful municipal broadband projects and those working to get off the ground protects this option for every community faced with intransigent broadband providers who won’t improve service.  — Phillip Dampier

As I told everyone on Stop the Cap! last summer, they would be back.

They are, and now they’ve shown us their cards.

North Carolina’s incumbent cable and phone companies are once again trying to ram through an anti-municipal broadband bill, and their timing is designed to rush it through committee before a groundswell of consumer opposition has a chance to build.  Time is short — the bill will be taken up April 21st in the Revenue Laws Study Committee, so your immediate action is imperative!

Clodfelter

This year’s push for anti-consumer legislation comes courtesy of Senator Daniel G. Clodfelter (D-Mecklenburg County).

He reportedly wants a moratorium on all municipal broadband deployments on the alleged basis that these are bad for the private sector and will harm state tax revenue.  Hello?  Virtually every municipal broadband project underway fuels job creation as crews work to install the fiber optic networks that will come to represent an economic catalyst and job creator.  When communities no longer have to turn away digital economy jobs lost because of inadequate broadband by existing providers, that’s an economic victory for hard-pressed North Carolina, where unemployment is at 11.2 percent these days — 10th worst in the country.

The FCC’s National Broadband Plan has prioritized stimulating the deployment of ultra high-speed broadband (100/50Mbps) service to 100 million households in ten years, so why are some in our legislature standing in the way of better broadband options for North Carolina?  You need to ask them!

Just look at Wilson’s community broadband project for evidence of a broadband success story.  Wilson pleaded with providers to deliver 21st century broadband service to no avail.  So Wilson did it themselves.

Cable and phone companies howled in protest.  They even brought in their astroturfing friends from corporate-funded groups like FreedomWorks and Americans for Prosperity to try and hookwink consumers into opposing municipal broadband.

It’s just another classic case of providers not wanting to spend money to upgrade their networks to compete.  Communities like Wilson getting the broadband service they deserve are good examples of why the industry is afraid such projects could spread.

Click here to view the embedded video.

Watch what happens when a municipal provider competes for your business.  Catherine Rice of Action Audits delivered the undeniable proof at a December NC House Select Committee on High Speed Internet Access in Rural and Urban Areas hearing, showing while cable and broadband rates across the state march ever higher, they strangely don’t in Wilson, where GreenLight, the municipal alternative, keeps rates in check. Click here to download a PDF copy of the slides Rice refers to in her presentation. (11 minutes)

Some members of the legislature will stand with their constituents and vote against this anti-consumer nightmare.  Some may not be fully informed on the issues and are only hearing the telecommunications industry talking points.  For some others, I’m afraid it’s a case of following the money.

The telecommunications industry in North Carolina is very generous to their benefactors, only too willing to return the favor writing the industry’s wish-list into state law.

You will recognize some of the names from the Follow the Money series I wrote last year (read Part 1, Part 2 and Part 3).  It’s a new year, so Part 4 will follow in the coming days, updating the financial contributions of incumbents and introducing new members and how much they’ve accepted from this industry.

Ironically, one of the legislators, Rep. Pryor Allan Gibson, III works as a contractor for Time Warner Cable!  His vote will be particularly interesting to follow.

North Carolina Legislature

North Carolina Call to Action!

Phone calls are always the most effective, and they are timely coming just days before the April 21st meeting of the Revenue Laws Study Committee.  But you can also e-mail representatives (and that’s not a bad idea even if you also called).  North Carolina deserves world-class, next-generation broadband.  Don’t allow a handful of the same companies overcharging you for today’s slow service strangle your best chance for competition!

Here is a sample e-mail message to send to all of the Committee members involved:

Subject: Don’t You Dare Vote for an Anti-Municipal Broadband Bill!

Message: As a consumer, I was disturbed to hear the Revenue Laws Study Committee was prepared to vote for an industry-sponsored Anti-Municipal Broadband Bill on April 21st.  Please do not vote for this or any other bill that removes competitive choice for broadband service.  Our local communities should not be stopped from deploying 21st century fiber to the home systems other providers refuse to deliver.  Such fiber networks create jobs, keep North Carolina business competitive, and stimulate economic development, which will deliver needed tax revenue.

The same providers backing this bill that are not delivering service to unserved communities, or offer inadequate service in others, have had a decade to deliver the service municipal providers are actually providing today in our state. Instead of delivering, they’ve offered a litany of excuses and now want special legislative protections to preserve their entrenched market position.

As a consumer, I am fed up with relentless rate increases year after year.  In communities like Wilson, where a municipal provider delivers excellent service, the rate increases from cable and phone companies have stopped.  A vote for this bill guarantees we’ll be paying higher and higher cable and phone bills indefinitely, and that’s something I would definitely remember come Election Day.  Make no mistake — this proposed legislation is an obvious gift to the telecommunications industry at the expense of all of your constituents, including myself.  That’s why I am confident you will stand up and make your opposition heard to this and similar measures.

At a time when the FCC’s National Broadband Plan envisions 100 million households with ultra-fast broadband service delivering economic benefits, it’s ironic our state legislature is even considering impeding the very providers that are on track to fulfill that goal.

With 11.2 percent unemployment — the 10th worst in the country, now is not the time to put a moratorium on North Carolina’s communities considering a better future through municipally-provided broadband.

With all this in mind, I am confident you will deliver for constituents like myself and oppose these industry-backed bills.  I look forward to hearing from you soon on this issue.

For best results, use your own wording and talk about the broadband market in your community.  You can reference the excitement over Google’s fiber to the home project.

Here are the Committee members to write or call, including their district area and what they do for a living:

(Please send individual messages to members, even if the contents are essentially the same — avoid simply CC’ing a single message to every representative.)

• Sen. Daniel Gray Clodfelter (Co-Chair) Mecklenberg Daniel.Clodfelter@ncleg.net (919) 715-8331 Democrat (704) 331-1041 Attorney
• Sen. Daniel T. Blue, Jr. Wake Dan.Blue@ncleg.net (919) 733-5752 Democrat (919) 833-1931 Attorney
• Sen. Peter Samuel Brunstetter Forsyth Peter.Brunstetter@ncleg.net (919) 733-7850 Republican (336) 747-6604 Attorney
• Sen. Fletcher Lee Hartsell, Jr. Cabarrus, Iredell Fletcher.Hartsell@ncleg.net (919) 733-7223 Republican (704) 786-5161 Attorney
• Sen. David W. Hoyle Gaston David.Hoyle@ncleg.net (919) 733-5734 Democrat (704) 867-0822 Real Estate Developer/Investor
• Sen. Samuel Clark Jenkins Edgecomb, Martin, Pitt Clark.Jenkins@ncleg.net (919) 715-3040 Democrat (252) 823-7029 W.S. Clark Farms
• Sen. Josh Stein Wake Josh.Stein@ncleg.net (919)715-6400 Democrat (919)715-6400 Lawyer
• Sen. Jerry W. Tillman Montgomery, Randolph Jerry.Tillman@ncleg.net (919) 733-5870 Republican (336) 431-5325 Ret’d school teacher
• Rep. Paul Luebke (Co-Chair) Durham Paul.Luebke@ncleg.net 919-733-7663 Democrat 919-286-0269 College Teacher
• Rep. Harold J. Brubaker Randolph Harold.Brubaker@ncleg.net 919-715-4946 Republican 336-629-5128 Real Estate Appraiser
• Rep. Becky Carney Mecklenberg Becky.Carney@ncleg.net 919-733-5827 Democrat 919-733-5827 Homemaker
• Rep. Pryor Allan Gibson, III Anson, Union Pryor.Gibson@ncleg.net 919-715-3007 Democrat 704-694-5957 Builder/TWC contractor
• Rep. Dewey Lewis Hill Brunswick, Columbus Dewey.Hill@ncleg.net 919-733-5830 Democrat 910-642-6044 Business Exec (Navy)
• Rep. Julia Craven Howard Davie, Iredell Julia.Howard@ncleg.net 919-733-5904 Republican 336-751-3538 Appraiser, Realtor
• Rep. Daniel Francis McComas New Hanover Danny.McComas@ncleg.net 919-733-5786 Republican 910-343-8372 Business Executive
• Rep. William C. McGee Forsyth William.McGee@ncleg.net 919-733-5747 Republican 336-766-4481 Retired (Army)
• Rep. William L. Wainwright Craven, Lenoir William.Wainwright@ncleg.net 919-733-5995 Democrat 252-447-7379 Presiding Elder
• Rep. Jennifer Weiss Wake Jennifer.Weiss@ncleg.net 919-715-3010 Democrat 919-715-3010 Lawyer-Mom

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Last spring, consumers across North Carolina banded together to oppose legislation custom-written by the telecommunications industry to keep municipal broadband networks from competing with cable and telephone companies.  Your efforts made a dramatic impact on state legislators and the bill was set aside.  One representative that helped push it has since resigned after being caught up in a campaign contribution scandal.  But we always knew the industry would be back.  The threat of competition, and a reduction in their fat profits, is too great to ignore.

HB1252 – The “Level Playing Field” bill, which is among the most ironically named pieces of state legislation around, will be in the North Carolina House Select Committee on High Speed Internet in Rural and Urban Areas on Monday morning at 10am.  For those of you who might want to attend, the meeting will be held in Room 415 of the Legislative Office Building at the General Assembly in Raleigh.

For those smart enough to recognize a telecom industry power play when they see one, a reality check for our state legislators is imperative.

I have been attempting to be added to the agenda to speak against HB1252 as a consumer.  So far, no call back.

I believe that I have a unique perspective on this issue, as I hail from Greensboro, one of the communities that experienced the attempt by Time Warner Cable to force classic Internet Overcharging schemes like metered billing and data caps on consumers in the Triad region.  These experiments came as a direct result of the large void many of us have in the area of competition.

HB1252 would make it next to impossible for municipalities to have their own city run broadband service to compete.  The city of Wilson made the dream a reality.  What costs a Time Warner Cable customer $180 to bundle cable, telephone, and Internet service together is on offer in Wilson from their municipal system for a mere $99.  That’s nearly half the price.

Wilson’s Greenlight system offers a direct fiber to the home connection to subscribers.  Wilson customers get speeds up to 100Mbps, ten times faster than cable or DSL.  What has Time Warner Cable done in Wilson to compete?  They reportedly cut their prices, particularly for consumers calling to cancel.

HB1252 will help protect Time Warner Cable and other providers in North Carolina from ever having to cut prices and take a profit hit.  By taking away your community’s right to provide service the cable and phone companies refuse to provide, at an affordable price, this piece of legislation assures you of paying more and having less choice.

If you cannot attend Monday’s session, you can still deliver a wakeup call to state legislators by reminding them you are paying close attention to this issue, and know exactly who is behind the push for HB1252.  Tell your representative Time Warner Cable and other telecommunications interests should not be ghost-writing legislation that favors them and protects their monopoly.  Ask your legislators to firmly oppose HB1252 and demand as much competition as the marketplace can stand, be it from phone, cable, wireless, or municipally run fiber to the home.

Here is the list of North Carolina representatives.  We won the first few rounds on behalf of North Carolina consumers.  Time to win one more!

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Once a year, many Time Warner Cable subscribers receive a glossy mailer-newsletter combination telling you how wonderful Time Warner Cable is, and all of the exciting services and values they have to offer.  Somewhere towards the end of their mini-magazine, you learn that comes at a cost… an increasing one at that.  Yes, it’s annual rate hike time for North Carolina, and Triad area residents are receiving notification this week that Time Warner Cable is back for more of your money.

Regular Stop the Cap! reader Fish writes to inform us of the news, posted this evening on WXII-TV’s website.

“It’s lovely how they keep raising everybody’s rates and yet they’re making a crap load of money as it is and refuse to upgrade their services.  If only North State Communications would bring their fiber out to High Point residents faster, I’d tell Time Warner Cable to go screw themselves as fast as [Jamaican sprinter and a three-time Olympic gold medalist] Usain Bolt,” Fish writes.

WXII shares the details:

Customers who bundle Roadrunner high speed Internet, TV and phone services will see a 4.6 percent increase.

Those who purchase those services separately will see the cost go up 15 percent.

Roadrunner Lite service will increase by 12 percent and the cost for customers who have digital video recorders on additional televisions will increase 33 percent.

The company said the cost of programming — especially sports and network shows — is going up and it’s passing that cost along to customers.

Time Warner customers are not happy about the rate hike.

“It’s ridiculous,” Iris Womack said.

Womack said she has TV, Internet and phone bundled together.

Within hours of the news, comments flooded into WXII condemning the rate hike.

• “How can you tell the company cares nothing about customers? There is no option to pick and choose channels.”
• “Yes, I got my TWC bill yesterday and extra $5.00 was added to my Road Runner bill. Thanks for the notice TWC. We see how you do your business.”
• “We have enhanced basic cable, just the 72 channels, and were paying $63 a month. We fall in the 15% increase – that’s almost $10 a month more and we only watch maybe six of all these channels.”
• “The worst that our economy has been in years, TWC decides it’s time to gouge us?”
• “It is just pure GREED.”

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Carol Hevey, executive vice president of operations for TWC’s Carolinas region.

Stop the Cap!‘s strong readership in the Triad region of North Carolina comes from their experience with Time Warner Cable’s Internet Overcharging experiment this past April.  For residents in greater Greensboro and surrounding communities, now you get a chance to be pioneers of a different sort.

Time Warner Cable today announced Greensboro, Raleigh, and Charlotte, all in North Carolina, among the first in the nation able to purchase Road Runner Mobile, a new 4G wireless mobile broadband service designed to accompany your existing Road Runner subscription.

On December 1st, Time Warner Cable customers can sign up for the service, providing speeds up to 6Mbps, starting at $34.95 per month, if you are on a Price Lock Guarantee (a service commitment requiring you to remain with Time Warner Cable in return for service discounts) and subscribe to a bundle of services.  That low priced option has a usage allowance of 2 gigabytes per month.

Time Warner Cable's Carolinas region service area

“With Time Warner Cable’s 4G Mobile Network, we now offer the fastest mobile service available and extend our reach outside the home.” said Carol Hevey, Executive Vice President of the Carolina Region for Time Warner Cable.  “Giving our customers the convenience of mobility and the speed of 4G, Road Runner Mobile lets customers take their favorite Internet service wherever they go.  This is an important part of our strategy to give our customers any content, on any device, anytime, anywhere.”

Time Warner Cable is using the Clearwire WiMax network to provide the service, a benefit it gained along with Comcast when they became part-owners of the Sprint-Clearwire venture.

Pricing will vary depending on the level of service customers need:

• Road Runner Mobile 4G National Elite gives unlimited access to both Time Warner Cable’s 4G Mobile Network and a national 3G network (Sprint, presumably), for use when traveling.
  o $79.95 per month for Road Runner Standard or Turbo customers.
  o Further discounts for Double and Triple play customers and those on a Price Lock Guarantee.
• Road Runner Mobile 4G Elite gives customers unlimited access to the Time Warner Cable 4G Mobile Network.
  o $49.95 per month for Road Runner Standard or Turbo customers.
  o Further discounts for Double and Triple play customers and those on a Price Lock Guarantee.
• Road Runner Mobile 4G Choice gives light users 2GB of service on the Time Warner Cable 4G network each month.
  o Available for $39.95 per month to customers of at least one other Time Warner Cable service.  Additional $5 off if you have a Price Lock Guarantee and bundled service package.

Time Warner Cable plans to launch additional mobile services to customers in the future such as the ability to program a DVR from a mobile device and the ability to take their video content with them on the go.  Time Warner Cable will be expanding its 4G Mobile network to additional service areas over the next few months including Dallas, TX and Honolulu and Maui, HI.

Customer experiences with the Clearwire network have been decidedly mixed.  In Portland, uneven signal coverage has plagued service and fueled customer returns.  In Greensboro, some who have tested the Clearwire-branded version of the service report earlier speeds close to 5Mbps that have since slowed to below 2Mbps.

As with any wireless mobile service, inquire about trial options and cancellation policies before signing any contract.  Consumers should always verify service is available to them at tolerable speeds before committing to any contract.

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Rep. Ty Harrell - Big Telecom's BFF: Buh, Bye

Rep. Ty Harrell (D-Raleigh) submitted his resignation today after an ethics investigation raised questions about his campaign finances.  Harrell resigned to ‘spend more time with his family and to deal with divorce proceedings.’

Stop the Cap! readers will remember Harrell from this past spring, when he allowed Time Warner Cable to help draft anti-consumer, anti-municipal broadband legislation and introduced it as his own.  It seems Harrell has been representing his own interests over that of his constituents well beyond just a telecommunications bill our readers shamed him into walking away from this past spring.

“The people of District 41, and all citizens of North Carolina, deserve representatives who can make clearly-focused decisions on their behalf,” Harrell wrote in a letter to House Speaker Joe Hackney. “With the recent turbulence in my personal life and continued speculation about my campaign expenditures, I do not feel that I can provide the high standard of representation that my constituents expect and deserve.”

On this the people of Raleigh should wholeheartedly agree.  Harrell’s interests in serving some of his corporate friends, who have contributed generously to his campaign, obviously exceeded the interests of his constituents.  The News & Observer today reports:

Harrell’s campaign expense report for January through June of this year showed an unusual number of expenses for a year with no election. Many of the expenses were to restaurants at a time when Harrell had no source of income other than his nearly $14,000 legislative salary. In an earlier report, he listed paying $235 to a pricey children’s clothing store and $191 to Sharon Luggage, with both identified as a “committee meeting.” and the descriptions of the expenses often were listed as “donor recruitment,” “strategy meeting” or other explanations that the elections board found insufficient.

Harrell has been living outside his district for more than a month at a friend’s house. His wife, Melanie Dupon, filed for divorce in July, alleging an extramarital affair.

The affair was probably with big telecom.

Harrell wrote as part of his resignation letter:

“My parents always told me, and I believe, that public service is an honorable calling,” Harrell wrote. “I answered that call by serving in the General Assembly as an agent for positive change. But holding public office can put significant strains on a young family and I am living proof of that.”

One of the strains Harrell writes about could have been how to creatively hide the money in expense reports that he allegedly spent on himself.  As Stop the Cap! North Carolina issues coordinator Jay Ovittore reported back in May, Harrell accepted $2750 in campaign contributions from telecommunications companies, a sizable amount for a state legislator not running a committee.

The election board’s staff found so many alleged discrepancies, it asked for more than 200 pieces of additional information on Harrell’s filings, according to the News & Observer.

As we wrote back in May, Harrell’s response to our charge that his bill represented the direct opposite of his own constituents’ best interests was one of “surprise.”

Representative Harrell, we honestly cannot understand your surprise over the outrage and backlash that came after you handcrafted, on spec from Time Warner and its lobbying lawyers, an incredibly anti-consumer, anti-competitive, nightmare of a piece of legislation designed to destroy municipal broadband across the state of North Carolina.

Rep. Ty Harrell (D-NC), who normally considers himself a progressive Democrat, has so bumbled his way through this entire affair, he’s managed to end up on the same side as the ultra-big-corporate friendly Americans for Prosperity, which is now war-dialing its way through North Carolina with push polls and fear-monger phone messages.  If that doesn’t sound alarm bells that something isn’t right, what will?  He admits he didn’t realize North Carolina has been through this anti-consumer nonsense before.  In 2007, largely the same bill was bought and paid for by big telecom special interests, but failed to pass after elected officials realized it would antagonize their constituents into voting for anyone but them in the next election.  No kidding.

Stop the Cap! is not surprised Rep. Harrell will now be looking for a new day job.  Democrat or Republican, Stop the Cap! is watching our elected representatives like a hawk.  We will continue to call out the bad actors and expose their anti-consumer actions.  The people of North Carolina have one less bad representative to deal with, but unfortunately there are others who are also cashing the checks and prepared to abandon the people they are supposed to represent.  We’ll continue to name names and show how much they’ve taken to vote against your interests.

Two news videos appear below the jump….

Jay Ovittore is Stop the Cap!’s North Carolina issues coordinator.

Click here to view the embedded video.

WRAL Raleigh leads the Sunday evening news with the announcement that Rep. Harrell resigned today (9/20/09)

Click here to view the embedded video.

WNCN Raleigh explores the audit by the State Board of Elections related to a “high rate of expenses.” (9/20/09)

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[Editor's Note: This past spring, big telecommunications interests in North Carolina tried to pass industry friendly legislation to keep municipal broadband competition out of the marketplace.  For the last several years, this industry has invaded state legislatures with the help of their astroturf front groups to try and pass legislation that puts all of the benefit in their corner and none in yours.  In North Carolina, an industry-written bill to lock out municipal broadband competition was introduced in both houses of the state legislature.  At least one legislator literally handed phone calls off to industry lobbyists when constituents called.

Too often, state politicians end up doing the business of big business, passing bills that hurt communities and people in their own districts, and hope constituents don't find out what is really going on when anti-consumer legislation gets passed with a wink and a nod. All that's left to do is cash that generous campaign donation check!

When municipalities in the state are told the duopoly of providers won't provide a level of service communities need, they dared to build their own. HB1252 would have made that next to impossible. Your direct involvement in calling and writing North Carolina officials to let them know you understood what this anti-consumer legislation represented stopped the special interests in their tracks. You even outmaneuvered astroturf groups like Americans for Prosperity that tried to fool legislators into believing North Carolina citizens supported this terrible bill.

But like in all horror shows, what is left for dead often rises to terrorize the countryside yet again. We'll be watching and waiting... and we'll be ready. -- Phillip Dampier]

HB1252 has officially been sent to a study committee as part of a huge omnibus study bill, HB945. The North Carolina budget has been passed and signed.

Unfortunately, it will be the Revenue Laws Committee which will control the study, which is run by Senator Hoyle and the rest of the big business boys in the House and Senate. The last version of HB1252 said it would go to study in both the Joint Select Committee on High Speed Internet in Rural Communities and Revenue Law, but it appears that the good ole business boys got their way. Who controls the study often controls the results.

The offensive language in the original bill that would have represented a direct threat to municipal broadband projects will die in study either way, but expect to see it resurface early in the next full session.

Version three of HB1252, A Bill To Be Entitled An Act Authorizing The Joint Select Committee On High Speed Internet In Rural Communities And The Revenue Laws Study Committee To Study Local Government Owned And Operated Services, is available to read here.

Enjoy your summer and prepare for battle in the coming months.

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I got word on the heels of tomorrow’s Public Utilities Committee meeting that S1004 has been gutted and changed in the Senate!  So again we can scream Victory!

The low-down on what exactly happened goes something like this:

The North Carolina Senate has a very odd procedural rule that allows it to gut a bill and replace it with a completely different bill.  They can do this as long as the bill number and title remain the same.  In S1004′s case they kept the name and title and are changing the text of the bill to allow Progress Energy to change some of its coal fired plants to natural gas.

Be aware that HB1252 is still the bill we have been fighting and I am tracking it continuously.  We are half way there on defeating big cable’s sleeper hold on competition.  As long as we all keep the fight up, we won’t be saying goodnight to Irene any time soon!

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The Communications Workers of America (CWA) has been running a project I have subscribed to for awhile now, called Speed Matters. Today I received this e-mail from them:

What’s next for SpeedMatters? Growing our movement.

Dear Jason,

Time’s up. Pencils down.

How did you do on the SpeedMatters.org speed test?

Believe it or not, you had one of fastest connection speeds in the country – and you’re probably paying a pretty penny for it. The majority of people who took the test didn’t come close to scoring as high as you did.

But fact is, even some of the fastest internet connections in the United States pale in comparison to many of our global competitors like Korea, Sweden, and Japan. These countries have average speeds that are almost ten times faster than the United States — at about 1/12 the cost to the consumer.

FCC Commissioner Michael J. Copps has admitted “America’s record in expanding broadband communication is so poor that it should be viewed as an outrage by every consumer and businessperson in the country.”

It’s time to fix this problem, and the first step is determining exactly where our current high speed networks reach — and who is getting left behind.

You’ve already helped us begin to gather this crucial data by testing your Internet speed.

So what’s next? Now you can help grow our movement and educate as many people as possible about the importance of improving our country’s high speed Internet access. That way, when we demand our elected representatives take action, they’ll hear us loud and clear.

Forward the message below to everyone you know, and ask them to join you in getting the U.S. up to speed.

Thank you,

Beth Allen
speedmatters.org Online Mobilization Coordinator

P.S. Don’t forget to sign up for our weekly SpeedMatters.org blog update email to stay up-to-date on the nationwide effort to expand high speed Internet access and the amazing things that people are doing with the improved technology.

http://www.speedmatters.org/blogsignup

Dear Friend,

Americans are charged more for slower internet speeds, and our current high-speed networks don’t even reach millions of households. It’s time for that to change — and you can play a part. Testing your own speed will help make our new community research project, SpeedMatters.org, a success.

Are you getting your money’s worth? Find out now:

www.speedmatters.org/fastfriend

We’re falling behind in the global economy because we won’t invest in the technology to bring the benefits of this telecommunications revolution to most of our population. We’re the only industrialized country without a national policy to promote high- speed Internet access.

That’s why you’re getting this email. Testing your connection’s speed now will help us better understand the American average — and craft an effective public policy and awareness campaign.

Take the speed test:

www.speedmatters.org/fastfriend

High speed Internet means more than smooth web videos or fast downloads.

Advanced high capacity communications networks can increase democratic and civic participation, improve the delivery of health care, education, job training, public safety and other vital services.

What are we waiting for? It’s time to close the digital divide.

Thanks!

What I found interesting was the quote from FCC Commissioner Michael Copps, “America’s record in expanding broadband communication is so poor that it should be viewed as an outrage by every consumer and businessperson in the country.”

Commissioner Copps is right. It is an outrage. When the rest of the world is moving on average 10 times faster and at 1/12 the cost to consumers, I am a little more then outraged. Speed does matter and I urge you all to join and spread the word about Speedmatters.org.  They have a lot of useful information at their site, including speed by state and listing of broadband initiatives.

I took the speed test here in Greensboro, North Carolina, using Time Warner Cable’s Road Runner Turbo and my results were 11.114Mbps download and 4.85Mbps upload.  What is your speed?

I know here in Greensboro, the CWA had tried to to unionize the local Time Warner Cable workers and the company pushed back and won. Now a lot of those same TWC employees have been pink slipped in favor of non-union contract workers or demoted to lesser positions with less pay. I am sure this isn’t the only city this is happening in.  Just goes to show that TWC isn’t just effecting your families with their greed, but their own workers’ families too.

The only downside to this organization I see is that they have a partnership with Connected Nation, which is the cable/telecom industries mapping group.  I would urge the good folks at the CWA to tread lightly with Connected Nation.  They are Time Warner, Comcast, AT&T, Verizon, and the other companies in disguise.  They have their own interests at heart.  This is what Connected Nation is doing here in North Carolina.

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In the last two installments I covered the North Carolina legislators that had a hand in HB1252/S1004, legislation that would have severely curtailed municipal broadband projects in this state, and how they were involved in bringing the bills to the floor. I am now going to focus on some powerful, long term state senators, who have a very influential vote on the Senate floor.

R.C. Soles (D-Brunswick, Pender & Columbus Counties) has served for 17 terms. Soles, as he is not a co-sponsor or sponsor, does carry great influence in the Senate and can gather votes. Soles took a lot of money from the cable/telecom industry in 2008, $7500 in total. From Embarq he took $2000, Time Warner $1000, AT&T PAC $4000, and from the Sprint/Nextel PAC he took $500.

Senator Tom Apodaca (R-Buncombe, Henderson and Polk Counties) is a four term senator who also took a bundle of money from the cable/telecom industry in 2008. In total he received $12500 in contributions. Embarq gave $3000, Time Warner $2500, AT&T PAC $4000, Sprint/Nextel PAC $1000, and AT&T Mobility Employees PAC $2000. There was also a suspicious contribution from one “Jasie Barringer.” Barringer is listed as a housewife and self employed, but in reality she is more likely the chairman of RH Barringer Beverage Distributors (Anheuser-Busch), which is well known to me as it’s here in Greensboro. They also appear to have used a business address for the contribution, which is illegal in North Carolina. I will be filing a complaint with the State Board of Elections.

Senator Dan Clodfelter (D-Mecklenburg County/City of Charlotte), is the six term senator who sits with with Sen. Hoyle of the Revenue Laws Joint Sub-Committee, where they are trying to direct HB1252/S1004. Clodfelter also took a lot of money from the cable/telecom industry, $10250 in total. Embarq contributed $1500, Time Warner $2250, AT&T $2000, NC Cable PAC $2500, Sprint/Nextel PAC $500, NC Association of Broadcasters $500 and NC Broadcast PAC gave $1000.

There are a few other influential legislators in the House and Senate, but they are a little harder to track because of their positions of power. Speaker of the House, Rep. Joe Hackney and President Pro Tempore of the Senate Marc Basnight hold a considerable amount of power and influence, and receive a lot of money from everyone. This makes it a little harder to track. Basnight received $18500 in contributions from the cable/telecom industry and Speaker Hackney received $21000 in contributions.  While this is a lot of industry money, it’s not out of proportion from what they receive from every industry PAC that contributes to their campaign coffers.

If you have not read the first two installments here at Stop the Cap!, they can be found here and here. I will follow up when the first quarter reports become available for 2009.

It’s important to note that in all three articles, acceptance of political contributions in no way implies criminal activity.  It does imply that money from big donors can create a climate of influence with legislators.  This is the culture of politics, whether it is in North Carolina, Washington, or your local city council. Until we can remove the influence of industry PAC money on elected officials, the lobbies for these industries can continue to have the upper hand on the common citizen and what is good for us, unless we stand up and make our voices heard.

The information gleaned from here in North Carolina underlines this point, and I encourage you to review campaign finance reports to investigate why an elected official would be so insistent on standing against consumer and constituent interests.  Not every legislator that accepts contributions automatically means they will not stand with their constituents.  Many will.  But for those who do not, this can help explain why.  Should you require assistance locating, searching, or investigating the tricks of the campaign finance trade, feel free to contact me.

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