As AT&T joins Verizon selling off its Yellow Pages publishing unit and payphones keep disappearing from street corners, the media is writing the landline obituary once again.

CNN Money asks today whether we’re witnessing the death of the landline.

In as little as 20 years, the concept of a wired phone line may become the novelty a rotary-dial phone represents today.  Yes, traditional phone lines will still be found in businesses and in the homes of those uncomfortable dealing with a mobile phone, but America’s largest phone companies are well aware the traditional telephone line is in decline.

The Bell System, as it was known until the 1980s, used to comprise AT&T, Bell Labs, Western Electric, Long Lines, and two dozen local “operating companies” like New York Telephone, Mountain Bell, etc.  This AT&T documentary, from 1976, explores how “the phone company” used to function.  New innovations like “lightwave” are showcased, promising to deliver voice phone calls over glass fibers one day.  

Much of the technology seen in the documentary may be unfamiliar if you are under 30 (and check out how customer records were maintained back then), but those who remember renting telephones in garish colors from your local phone company will recognize the phones that occupied space in your home not that long ago.  The only part of the landline network that hasn’t changed much in the last 40 years is the wiring infrastructure itself, which has been allowed to deteriorate as customers continue to depart.

Why was the company so darn big back then?  Because it had to be, the documentary says, to serve a big America.  Hilariously, the company defends its then-status as a “regulated monopoly” telling viewers “[a] regulated monopoly works well in communications because you don’t duplicate facilities and you produce real economies over the long haul.”  (14 minutes)

CNN reports nearly one-third of all American homes no longer have landline service, double the rate from 2008, triple that of 2007.  Verizon is feeling the heat the most, with revenue down 19% over the last five years.  AT&T has seen their revenue drop 16.5% over the same period.

But things are not all bad for phone companies willing to spend money upgrading their networks.  Verizon’s top-rated FiOS fiber to the home service is a compelling competitor to Comcast and Time Warner Cable.  AT&T’s U-verse has gotten a respectable market share larger midwestern cities and draws customers who like its DVR box and the chance to stick it to the local cable company they’ve hated for years.

But where both companies have decided against investing in upgrades — notably in their rural service areas — the traditional phone line is trapped in time.  Only the network it depends on is changing, and not for the better.

Back in 1993, AT&T produced seven advertisements dubbed the “You Will” series, showcasing future technologies AT&T would “deliver to you.”  Eerily, the vast majority of these predictions came true, but mostly from companies other than AT&T.  While the phone company predicted what would eventually become E-ZPass, Apple’s iPad, Apple’s Siri, the smartphone, Skype, Amazon’s Kindle, the cable industry’s home security apps, video on demand, and GPS navigation, most of those innovations were developed and sold by others.  

AT&T spun away Bell Labs and became preoccupied selling Internet access, cell phones and reassembling itself into its former ‘hugeness’ through mergers and buyouts. With limited investment in innovation, AT&T risks being left as a “dumb pipe” provider, selling the connectivity (among many others) to allow other companies’ devices to communicate. (Alert: Loud Volume at around 2 minutes) (4 minutes)

Verizon decided to ditch its rural service areas to FairPoint Communications in northern New England and Frontier Communications in 14 other states.  The results have not been good for the buyers (and often customers).  FairPoint went bankrupt in 2009, overwhelmed by the debt it incurred buying phone lines in Vermont, New Hampshire, and Maine.  Frontier has watched its sales fall ever since its own landline acquisition, and the company has gotten scores of complaints from ex-Verizon customers about broken promises for improved broadband, billing errors, and poor service.

Analysts predict AT&T will start dumping its rural landline customers in the near future as well, letting the company focus on its U-verse service areas.  But who will buy these cast-offs?  CNN reports nobody knows.  CenturyLink and Windstream, two major independent phone companies, don’t appear to be in the mood to acquire neglected landline facilities they will need to spend millions to repair and upgrade.

One thing is certain — both AT&T and Verizon are tailoring business plans to favor Wall Street approval.  The companies’ decisions to temporarily boost revenue selling pieces of its operations has helped stock prices, but has also made the companies shadows of their former selves.  Nearly 30 years ago, customers still paid the phone company to rent their home telephones, relied extensively on the companies’ lucrative White and Yellow Pages for directory information, and discovered new technology innovations like digital switching thanks to Bell Labs, the research arm of AT&T — today independent and known as Alcatel-Lucent.  Today, people in some cities cannot even find a telephone company-owned payphone.

WJBK in Detroit this week ventured out across Detroit to see if they could find a pay phone that actually works.  That old phone booth on the corner is long gone, and some admit they haven’t touched a pay phone in 20 years.  (2 minutes)

Stop the Cap! has written extensively about the American Legislative Exchange Council’s pervasive influence on state telecommunications policies long before Trayvon Martin and Florida’s “Stand Your Ground” law put a spotlight on the shadowy corporate-backed group in the national media.

ALEC’s mission is clear.  It acts as a go-between between corporate interests who customize business-friendly state legislation in their favor and the legislators willing to introduce those bills as their own. ALEC provides the cover some legislators need to protect their image in the public eye.

A handful of legislators in safe districts are bold enough to openly admit introducing legislation written by a company like AT&T.  Take Kentucky Republican Sen. Paul Hornback.  He introduced a deregulation measure in Kentucky’s state Senate that would do away with universal landline service and almost entirely deregulate AT&T’s operations in Kentucky.  When the media found out Hornback introduced legislation AT&T actually wrote, he didn’t seem to mind one bit and doubled down on the apparent conflict of interest.

Sen. Paul Hornback (R-AT&T)

“You work with the authorities in any industry to figure out what they need to move that industry forward,” Hornback said, defending his bill that would do exactly that, at the expense of Kentucky consumers facing rate hikes AT&T has pushed in other states where similar measures were passed.

Hornback is the exception to the rule.  For more timid legislators concerned about their next election campaign, ALEC is only too happy to provide cover.

When ALEC’s connection to Florida’s controversial “Stand Your Ground” law was exposed, it swept the secretive group into the Martin media tornado.  When reports surfaced connecting the dots between ALEC and some of America’s largest corporations, Coca-Cola, Kraft Foods, Intuit, and Pepsi fled ALEC’s membership roster.  No soft drink company wants to be connected to a controversial Florida gun law.

First Coca-Cola and Kraft Foods, Now AT&T

Today, Color of Change, a group dedicated to amplifying the voice of African-Americans to make government more responsive to minorities set its sights on AT&T, one of ALEC’s most prominent members.

They have a major fight on their hands.  Few corporations have used ALEC as effectively as the descendant of Ma Bell.  AT&T’s enormous lobbying machine has frequently used ALEC to help introduce deregulation measures in states across the country.

“Even after we wrote AT&T to let them know that more than 85,000 ColorOfChange members have asked that they disassociate themselves from ALEC, the company has remained silent,” says Color of Change. “It’s clear that they think we will just go away.”

Throwing away their membership in ALEC would be a major blow to AT&T’s lobbyists who are well-connected inside the group. AT&T has several leadership roles within ALEC’s various state chapters:

ALEC State Chairs Affiliated With AT&T

• Arkansas:
  — Ted Mullenix, AT&T
• California:
  — Pete Anderson, AT&T
• Connecticut:
  — John Emra, AT&T
• Louisiana:
  — Daniel Wilson, AT&T
• Mississippi:
  — Randal Russell, AT&T
• Texas:
  — Holly Reed, AT&T

How do these ALEC-involved lobbyists influence elected officials?  They wine and dine lawmakers and their families, encouraging them to introduce legislation favorable to AT&T.

Everyone Knows Randy Russell – AT&T’s Go-To-Guy in Mississippi

Beckett

AT&T lobbyist Randy Russell has been representing the interests of Big Telecom in Mississippi for more than a decade.  Originally registered as a lobbyist for AT&T predecessor BellSouth, Russell today also serves as ALEC’s state chairman in the Magnolia State.

When he isn’t spending his time in the state capital — Jackson — he’s wining and dining lawmakers who might be future supporters of AT&T’s business agenda in the legislature.

Lucky for AT&T Russell found Rep. Jim Beckett (R-Bruce).  And what a find.  Beckett is in the catbird seat, serving as chairman of the House Public Utilities Committee — the oversight committee responsible for ensuring that when someone in Mississippi picks up a phone, there is actually a dial tone.

Unfortunately for Mississippi consumers Beckett has AT&T’s Russell on his speed dial.

The Cottonmouth Blog discovered both men have spent a lot of time together:

It seems that Russell and AT&T picked up the food tab for Rep. Jim Beckett and his wife at the ALEC meeting in at the Westin Kierland Resort in Scottsdale, Ariz. from November 30 to December 2, 2011.  AT&T also paid for a few rounds of golf for Rep. Beckett while there.  All said and done, AT&T paid $565.39 to cover expenses for Rep. Beckett and his wife on their three day trip to Scottsdale.

But that’s not all.  AT&T also picked up the tab for $151.70 worth of food and tickets while Rep. Beckett and his wife were at the Spring ALEC meeting in Cincinnati, OH in late April of 2011. AT&T also paid $22.62 for food for Rep. Beckett and his wife while he attended the 2011 Summer ALEC meeting in New Orleans.

The total amount AT&T gave to Rep. Jim Beckett and his wife in 2011 through Randy Russell?  $876.85.  The names of the Becketts appear a total of 36 times in AT&T’s 2011 lobbying report, most of it while the Becketts are at ALEC retreats.

AT&T also helped more directly with $2,500 in campaign contributions to Beckett’s campaign fund.  What did all of AT&T’s money and travel vouchers buy them?

Dialing for Deregulation

House Bill 825 — ‘The AT&T Total Deregulation Act’: A bill introduced by none other than Rep. Beckett that would effectively strip what remaining oversight exists over AT&T’s operations in Mississippi.  It’s a bill very familiar to Stop the Cap!, because it includes all of the usual “bullet points” found in ALEC’s own legislative database — all of enormous interest and importance to AT&T.

Northern District Public Service Commissioner Brandon Presley, who deals with consumer complaints about AT&T’s service in the state, effectively called HB 825 an unmitigated disaster for ratepayers from Corinth in the north to Biloxi in the south:

[...] House Bill 825 would totally strip the PSC of any authority to hold AT&T accountable for rate increases and lousy landline and cell phone coverage. Presley said the bill was requested by AT&T as retaliation against the PSC for denying a rate increase and for complaining of poor cellular and residential phone service. The PSC won a case in the Mississippi Supreme Court to limit charges to customers after AT&T appealed the PSC’s ruling.

[...] Presley said the Legislature passed the first phase of deregulation in 2006 and since then complaints to the Commission about billing errors, poor service and the like have risen from 1,735 in 2006 to 4,361 in 2011 an increase of over 150%. “This is evidence enough of why this bill is bad for consumers.”

[...] Along with removing all of the Public Service Commission’s authority to investigate abuses, extortion and customer complaints, House Bill 825 also removes the Commission’s authority to designate conditions for AT&T’s receiving of millions in federal funds to promote rural cell phone service. Presley said the Commission’s authority to place conditions on those dollars has been the main tool to increase cell phone coverage in rural counties. “Rural Mississippi’s interests are gutted in this bill.” Presley said.

Cottonmouth reminds readers who may not be familiar with Mississippi that Beckett’s home district — Bruce — puts his AT&T ghost-written legislation at odds with his own constituents:

“Bruce [isn't] exactly urban,” the blogger writes. “Matter of fact, anyone who has driven on Highway 7 right outside of Bruce and tried to make an AT&T cell phone call could tell you just how much this bill will hurt Rep. Beckett’s constituents.”

Even Beckett’s fellow Republicans serving the state PSC couldn’t stomach the legislation that guaranteed even more customer complaints.  Southern District Public Service Commissioner Leonard Bentz issued his own press release attacking the bill:

“This is a very bad bill for consumers in Mississippi,” Commissioner Bentz stated. “Even though AT&T will tell you that the oversight that we [PSC] have is limited, the little we do have is piece of mind for the consumers.”

“You don’t have to think very long to understand why this bill is bad. Think back to last time you called  in a problem to AT&T and the lack of customer service you received. This bill would make it worse. It is important to understand AT&T will lead you to believe this bill will affect only a small number of customers, but that is not so. As it stands right now, all customers with AT&T have the ability to file complaints with the Public Service Commission, and have the PSC on their side to help them navigate the system. The bill clearly states customer appeals will be removed from the PSC jurisdiction.

The third commissioner on the PSC, Republican Central District Public Service Commissioner Lynn Posey, hoped HB 825 would simply go away, seeking to bury it in a “study committee.”

Despite the universal opposition to the measure among those tasked with overseeing the state’s phone companies, Beckett decided AT&T knew better and quickly pushed HB 825 through his committee.  What makes Beckett an expert in telecommunications policy?  Not too much: He calls himself a lawyer on his biography page, but he’s also the owner of Beckett Oil & Gas.

Despite efforts by consumer advocates, a slightly-amended measure passed both the Republican-controlled state House and Senate and this week will be sent to the desk Gov. Phil Bryant for his signature.

“The small telephone companies in this state, many of them are opposed to this,” said Rep. Cecil Brown (D-Jackson). “If it hurts their business, it’s going to hurt your local communities. That’s all there is to it.”

The price the phone company paid to get Rep. Beckett on Team AT&T?: $2,500 + ALEC-sponsored free meals and travel.

KTTP in Rochester, Minn. explores the influence of state lobbyists working with ALEC who push lawmakers to introduce legislation corporations wrote themselves.  (4 minutes)

Stop the Cap! has learned Frontier Communications is laying the groundwork to upgrade selected areas of its network to deliver fiber-to-the-neighborhood service to some of its customers, perhaps as early as the last quarter of 2012.  Documents obtained by Stop the Cap! indicate the company is negotiating with AT&T to license U-verse technology to deliver the service.

The documents suggest Frontier’s 2011 negotiations with AT&T to resell mobile phone service to Frontier customers have now expanded to include the development of improved broadband at a cost less likely to antagonize Wall Street and the company’s investors.

Sources familiar with Frontier’s operations tell Stop the Cap! although the company will continue to support Verizon-acquired FiOS fiber-to-the-home networks in Indiana and the Pacific Northwest, Frontier plans to rely on less-expensive alternatives for the rest of its service areas and has no plans to further expand the FiOS branded fiber-to-the-home service.

For the most rural customers, Frontier appears ready to partner with HughesNet to resell a satellite broadband product to customers considered unsuitable for basic DSL service.  Frontier will continue to invest and upgrade its traditional 1-3Mbps ADSL service in rural states like West Virginia, Idaho, Nevada, and South Carolina.  The company is also planning to upgrade selected cities to VDSL — a more advanced form of DSL needed to support a U-verse offering.  Perhaps one major target for such an upgrade is Frontier’s largest service area — Rochester, N.Y., where Time Warner Cable has systematically picked off Frontier’s landline customers for years with offers of faster broadband speeds and better package pricing.

Frontier's headquarters in Rochester, N.Y.

Frontier’s insistence customers don’t need faster broadband speeds, a statement made repeatedly by Frontier Rochester general manager Ann Burr, has cost the company market share, especially for high speed Internet service.  Although Frontier claims to offer speeds up to 10Mbps in Rochester, the company only manages to deliver 3Mbps in some of the city’s nearest suburbs.

An upgrade to U-verse, while not as technologically advanced as fiber to the home service, would help Frontier defend its position in more urban markets, especially as cable companies upgrade their own infrastructure to market faster broadband speeds.

AT&T U-verse sells broadband at speeds of 3, 6, 12, 18, and 24Mbps.  Time Warner Cable, Frontier’s largest competitor in upstate New York, sells speeds of 3, 10, 20, 30, and 50Mbps.

Frontier Communications has been preoccupied integrating its newest customers, acquired from Verizon Communications in 2009, with their existing IT and operations systems.  The company recently touted it completed transitioning former Verizon operations, financing, and human resources with its own information technology network nine months ahead of schedule.

Frontier has been reorganizing some of its internal departments in preparation to launch several aggressive initiatives in 2012, especially in its efforts to roll-0ut more competitive broadband — considered a landline lifesaver –  in areas where the company has lost a lot of business to its cable competitors.  The company also intends to spend tens of millions upgrading its regional and national broadband infrastructure and continue extending DSL service to presently unserved rural areas.

Another planned improvement is an overhaul of Frontier’s website, which has brought complaints from customers for delivering inaccurate information, making online bill payment cumbersome, and being difficult to navigate.

Documents obtained by Stop the Cap! also reveal the company has made progress on its plans to pitch AT&T cell phone service to Frontier customers.

Frontier signed a resale agreement with AT&T last fall and is on track to begin limited trial offers of AT&T cell phones, smartphones, and tablets — with full access to AT&T’s network of 29,000 Wi-Fi hotspots during 2012 with a more widespread rollout in 2013.  Frontier plans to offer customers the option of a single bill for Frontier and AT&T services.

Frontier’s Karen Miller told Stop the Cap! the company had no comment about today’s story.

Your Internet Service Provider keeps telling you there is no need for faster broadband speeds, but no matter how many times they say it, you still don’t believe them.

Neither do the folks at LUS Fiber — Lafayette, Louisiana’s publicly-owned fiber to the home broadband network.

In a state dominated by AT&T and cable companies like Cox, Louisiana has never experienced super-fast broadband.  But now they will.  LUS Fiber today announced 1Gbps broadband is now available in the Hub City.

Businesses will now have access to affordable broadband at speeds 20,000 times faster than dial-up.  Residential customers used to getting 1-12Mbps from phone company DSL or up to 50Mbps from Cox can put the slow lane behind them forever.  LUS Fiber can deliver upload and download speeds as fast as 1,000Mbps.

“Gigabit service from LUS Fiber is one of the most robust Internet offerings on the market today,” says Terry Huval, Director of Lafayette Utilities System and LUS Fiber. “We built this community network with a promise to the people of Lafayette that we will work hard to provide them with new opportunities through this unique, state-of-the-art fiber technology, and that’s just what we’ve done.”

That puts Lafayette on the map with Chattanooga, Tenn., as the two fastest operating fiber broadband networks in the country selling to both residential and business customers.  Both are publicly-owned networks private companies like AT&T have lobbied hard to banish.

In fact, Louisiana’s record on broadband outside of Lafayette is decidedly poor.

An $80 million federal grant to fund much-needed improvements to the state’s Internet infrastructure was returned in what one public official called Gov. Bobby Jindal’s special favor to Big Telecom companies like AT&T.

Public Service Commissioner Foster Campbell publicly berated the Republican governor for intentionally interfering with the project until time ran out and the government withdrew its funding.

The cancellation of the project has proved embarrassing because it was the first time a state lost federal broadband grant money.

The state’s Division of Administration eventually scrapped plans for the public broadband network and replaced it with a proposal to use grant dollars to purchase long term institutional broadband contracts from private providers.  AT&T is the dominant local phone company in Louisiana — the same company that has steadfastly refused to provide DSL service across rural Louisiana. The new proposal would have not delivered any broadband access to individual Louisiana homes, only to institutions like schools, libraries, and local government agencies.

The Consumerist awards AT&T the "Bronze Poo" Award for Third Worst Company in America. (Image: The Consumerist)

A video game company reviled by game fans and the perennially-shoddy Bank of America managed to beat out America’s lowest rated phone company in The Consumerist’s “Worst Company in America” annual award contest, but not by much.

As Electronic-Arts tries to explain away its top-worst rating, AT&T easily took third place after a consolation round decidedly eliminated Walmart.

Congratulations to the folks aboard the Death Star! As soon as we get some proper bronze-colored paint, we’ll be packing up your Bronze Poo and sending it off in the mail. It will, of course, include a 620-page end-user agreement that preempts any class-action lawsuits by AT&T employees.

Some Consumerist readers wondered why game fans rushed to beat EA over the head over its anti-consumer tendencies when Ma Bell was still ripe for some kicking:

The Consumerist notes their award epitomizes the last 12 months for AT&T.

“First it attempted to leap-frog to the head of the wireless pack by swallowing T-Mobile whole, only to fail miserably after many months and at a cost of several billion dollars,” the piece reads. “Then it came tantalizingly close to vying for the coveted Worst Company In America Golden Poo trophy, only to be given the smack-down by a video game company. At least it won’t be leaving the tournament empty-handed.”

AT&T has joined Verizon in a groundbreaking decision to stop allowing bogus charges on customer’s phone bills.

Senator Jay Rockefeller (D-W.V.) publicly thanked AT&T for joining with Verizon to stop the fraudulent fees, which a recent Senate investigation found netted at least $10 billion over the last five years.

“AT&T made the right decision to end cramming by August,” Rockefeller said. “While the decisions of AT&T and Verizon are a step in the right direction, I still believe we need to pass a bill that bans this abusive practice once and for all.”

Phone companies have been reluctant to stop third-party billing because it represents lucrative revenue for companies that have watched their landline customers disconnect and disappear.

“According to financial information my staff has reviewed, telephone companies earn a dollar or two every time they place a third-party charge on their customers’ bills,” Rockefeller said. “Do the math. That’s well over a billion dollars in profit over the past decade.”

AT&T suggested the cramming problem was overblown, but relented anyway.

“We currently receive cramming complaints for only about one out of every thousand bills that contain third-party charges,” said Michael Balmoris, an AT&T spokesman, in a statement to MSNBC.  “However, due to continued concern over the possibility of unauthorized charges, we have decided to take this additional step and eliminate third-party billing for most types of services.”

In late March, Verizon notified its billing partners it would cease third-party billing by the end of 2012.

AT&T’s ongoing efforts to win deregulation and an end to universal landline service have now reached Colorado, where state lawmakers are reacting favorably to an AT&T-sponsored bill that would strip away rural landline subsidies and deregulate basic phone rates, much to the consternation of incumbent provider CenturyLink.

The long-winded bill,  SB 157 – Concerning the Regulation of Telecommunications Service and, in Connection Therewith, Enacting the “Telecommunications Modernization Act of 2012,” is just the latest in a series of deregulation measures co-authored by AT&T that would let phone companies off the hook for guaranteeing affordable, universal landline service to every American.  Instead, AT&T is happy to sell rural consumers pricey mobile phone service.

Ironically, AT&T’s bill would deliver the worst blows to fellow landline provider CenturyLink, the largest phone company in the state. Consumers pay 2.9 percent of their phone bill toward a rural landline subsidy fund, or 87 cents for a $30 bill. It is no surprise CenturyLink is adamantly opposed to the measure, declaring the loss of rural phone service subsidies a guarantee of future rate hikes and discriminatory pricing, if not the end of basic telephone service in rural Colorado.  The company also receives more than 90 percent of the annual proceeds collected from Colorado ratepayers.

“The bill continues to legislate discrimination of one very large group of consumers. It allows a consumer living on one side of the street in rural Colorado to continue to receive High Cost Fund support while his neighbor on the other side of the street will not, simply because of the logo at the top of their telephone bills” said Jim Campbell, CenturyLink regional vice president for regulatory and legislative affairs. “We continue to be baffled that lawmakers voting in favor of this bill feel it is good public policy to write consumer discrimination into Colorado law.”

As with other AT&T-written deregulation bills, the “sufficient competition” test to prove consumers have plenty of choices for phone service is notoriously easy to meet.  SB 157 defines a market competitive when 90 percent of customers in a geographic area have a choice of at least five providers.  While that sounds like competition, in fact the bill defines just about anything resembling a phone company as “competition.”  That includes traditional landline service, mobile phones, satellite telephony, Voice Over IP providers like Skype, and cable company phone service.

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A provider declaring service to any particular geographic area on a coverage map is sufficient evidence that competition exists, even if that provider does not deliver a consistently suitable signal, charges extraordinarily high prices, or only markets service in selected areas or in a package that includes other services.  In rural Colorado, wireless companies maintaining roaming agreements with other providers would count as multiple competitors, even though they rely on the same infrastructure to handle calls.  Poor reception? That’s your problem.

The bill also allows phone companies to charge whatever they like for traditional phone service, and only requires one day’s notice of pricing changes.  The bill would also strip away the right of regulators to demand justification for the inevitable rate increases and takes away their right to reject, modify or suspend rate hikes they deem unacceptably unfair.

That could force CenturyLink prices way up in rural Colorado, perhaps to a level that makes AT&T cell phone pricing not that bad after all.

CenturyLink: Victim of Friendly Fire from AT&T?

That suits AT&T’s Colorado president William Soards just fine, as AT&T is willing to sell rural Colorado lots of wireless phones.

“There’s plenty of competition out there that will be very excited to take their business, and AT&T will be one of them,” Soards told the Denver Post.

Colorado’s Rural Broadband Fund: The Fix Is In

One of the boldest provisions of SB 157 is the establishment of a rural broadband fund that delivers up to $25 million of ratepayer money to a select group of telecommunications companies to underwrite the costs of building  non-competitive broadband networks in the most distant, unwired corners of the state.  They wrote the rules, so it comes as no surprise they are, by definition, the intended recipients — often the very same companies that have refused to provide service in rural communities in the past.  Among those they’ve made certain are prohibited from accessing the broadband fund:

• Broadcasters experimenting with sub-channel broadband data service;
• Government agencies;
• Local municipalities;
• Public-private partnerships;
• Any organization, including non-profits, controlled in whole or part by a public entity;
• Electric utilities;
• Electric co-ops;
• Non-profit electric companies or associations;
• Every other supplier of electrical energy.

Who can access the broadband fund?  Why, the backers of the bill of course, especially AT&T:

• Wireless companies like AT&T;
• Telephone companies;
• Cable operators;
• Wireless ISPs (meeting certain conditions).

Padgett: Let local communities solve their broadband challenges themselves.

The bill is written to require a minimum level of 4/1Mbps service, which may lock out many rural telephone companies unable to deliver those speeds over traditional DSL as well as congestion and distance-sensitive wireless ISPs.  Cable operators are unlikely to provide any service in the most rural areas qualified to receive broadband funding. CenturyLink’s ongoing opposition to the bill suggests they don’t see much broadband funding in their immediate future either. That leaves just one technology most suitable to receive ratepayer funding: heavily capped and expensive wireless 4G broadband from companies like AT&T.

That may leave rural (but potentially not rural enough) Ouray County up the broadband creek without a paddle.

CenturyLink has shown minimal interest in providing ubiquitous broadband across the area dubbed the “Switzerland of America” for its rugged mountainous topography.  With just 4,450 residents, Ouray County is not the phone company’s highest priority.  But the company serves just enough of the county that it might fail the “unserved area” test — a ludicrous notion for broadband-starved Colona, Eldredge, Dallas, Ridgway, Ouray, Thistledown and Camp Bird.

Long-term residents have been through something like this before.  Some remember having to fight for basic electric service as well.  The San Miguel Power Association, a non-profit, member-owned rural electric cooperative established back in 1938, finally brought electric service to the San Miguel Basin area after residents were denied service for years by Western Colorado Power.  The region ultimately had to fend for itself, and did so successfully.

That same electric co-op may just have the best broadband solution for Ouray County — fiber infrastructure already in place, but prohibited from being funded to completion by AT&T’s corporate welfare bill.

Many rural legislators understand the rural broadband problem and see community-owned co-ops as their best chance of getting broadband service in rural Colorado.  They want to amend the bill to strip out the anti-competitive, anti-public broadband language.

Ouray County Commissioner Lynn Padgett is convinced her county’s broadband problems will never be solved by the Colorado Legislature or AT&T.

“Fundamentally, I believe that we need to let those closest to the areas with the rural broadband challenges, and those most accountable, help their communities,” Padgett said.

The entertainment industry, in cooperation with the nation’s largest Internet Service Providers, joined forces to open a new copyright enforcement center that critics charge sidesteps judicial process, leaving consumers forced to prove they are innocent after they’ve been accused of being guilty.

On Monday, the Center for Copyright Infringement named its executive director and board, and intends to gradually begin serving as a clearinghouse for copyright infringement complaints brought by the nation’s music and movie companies.

CCI has representatives from the Motion Picture Association of America (MPAA), the Recording Industry Association of America (RIAA), AT&T, Cablevision, Comcast, Time Warner Cable, and Verizon Communications collectively working to streamline enforcement of copyright law and control Internet piracy.

Often known as the “Six Strikes Plan,” CCI participants will coordinate piracy notification warnings for suspected illicit downloads of copyrighted content from peer-to-peer file sharing networks.  Hollywood studios and recording labels will identify those they suspect are involved in illegal file swapping and participating ISPs will notify customers tied to the infringing IP addresses up to six times before reducing a customer’s Internet speed, temporarily disabling the account, or terminating service.

The CCI hopes to bypass the court system and adopt a self-regulation, “in-house” approach to Internet piracy.  Some courts have proven increasingly-reluctant to hand over identifying information to copyright holders based on the sometimes-flimsy evidence of illegal downloading included in supporting affidavits.  Judges in some courts have also become leery of a cottage industry of “settlement specialists” that threaten expensive litigation for alleged copyright infringement that can be resolved with a quick cash settlement.

Judge James F. Holderman of the Northern District of Illinois ruled against one litigant who demanded ISPs divulge the identities of every participant exchanging bits and pieces of a copyrighted work in a so-called “BitTorrent swarm,” because they were involved in a conspiracy.  Holderman dismissed that argument.

Such tactics have allowed some settlement specialists to demand settlement payments from a larger group, substantially boosting revenue at little cost to them.

CCI’s executive director Jill Lesser says laws no longer favor copyright holders.

“While laws that protect intellectual property remain strong and enforcement efforts continue, technology has tipped the balance away from the interests of most creators and artists,” Lesser said. “The ease of distribution of copyrighted content has helped create a generation of people who believe that all content should be free.”

CCI’s so-called “Copyright Control System” will bypass the courts entirely, as entertainment companies coordinate directly with major ISPs agreeing to enforce copyright compliance.

Lesser says consumers will still have a fair process to challenge notices of alleged infringement.  But it will cost at least $35 for consumers to argue their case.  Additionally, as a self-regulated, industry-controlled body, consumers’ rights of appeal are undetermined.  The arbitration process will be administered through the American Arbitration Association.

Why would ISPs want to become involved in a copyright control regime?  To reduce their own expenses and legal risks.  Copyright holders and their agents have peppered service providers with compliance and identification demands for years, creating full time positions processing the paperwork.  By adopting a clearinghouse and developing a streamlined process to handle complaints, service providers can cut costs and avoid possible litigation against themselves.

Still, both the entertainment industry and ISPs seem to be open to listening to consumer advocates.  Lesser was formerly involved with People for the American Way, a group sensitive to privacy rights.  Serving on the advisory board are Gigi Sohn from Public Knowledge and Jerry Berman, founder of the Center for Democracy and Technology.  Neither have direct authority over the group’s enforcement efforts, but Sohn told Ars Technica she hoped her involvement would give a voice to consumer interests and maintain transparency in the enforcement process.

For the 15th time, Verizon Wireless has topped J.D. Power & Associates’ U.S. Wireless Network Quality ratings for best service.  Verizon Wireless consistently achieved fewer customer-reported problems with dropped calls, initial connections, transmission failures and late text messages, compared with other carriers, with one exception — U.S. Cellular, and only in the north-central part of the country.

J.D. Power found variations in network performance regionally, with carriers changing rankings depending on their infrastructure in different areas of the country.  For instance, AT&T came in second in most regions of the country, except in the north-central region where they landed third, and in the western U.S. where they ranked dead last.

T-Mobile and Sprint traded last place positions in different parts of the country as well.  Sprint performed more poorly in the northeast, north-central, and southeast, while T-Mobile did worse in the southwest and mid-Atlantic regions.  But the German-owned carrier achieved second place in the western states.

J.D. Power reports problems with wireless carrier quality were on the increase in 2011, driven primarily by issues with data services including mobile Web and email.

The increase in data-related problems may be attributable to shifts in where wireless customers are using their devices and in the types of services they are accessing.

“The ways and places wireless customers use their devices have changed considerably during the past several years,” said Kirk Parsons, senior director of wireless services at J.D. Power and Associates.  “For instance, in 2012, 58 percent of all wireless calls are made indoors – where wireless connections can be harder to establish and maintain – compared with only 40 percent in 2003.  In addition, the rapid expansion of smartphone usage has also changed the ways in which wireless customers use their devices, which also impacts network quality.”

“Based on varying degrees of consistency with overall network performance, it’s critical that wireless carriers continue to invest in improving both the voice quality and data connection-related issues that customers continue to experience,” said Parsons.

Courtesy: CQ Press

Lobbyists for AT&T and Verizon are an integral part of Mitt Romney’s campaign for president, reveals a new report exposing K Street involvement in presidential politics.

“K Street Lines Up for Romney,” produced by CQ’s First Street Intelligence, shows one candidate above all others with an open door policy to money and assistance from some of the nation’s largest corporations: Mitt Romney.

Romney has never been a registered lobbyist, but he seeks advice and contributions from more lobbyists than any of the other candidates, and has a long list of lobbyist supporters, advisers, and contributors.  This select group of Washington insiders is quietly positioning themselves to benefit from a Romney presidency. With their dollars, advice, and endorsements, K Street definitively lined up in support of one candidate – Mitt Romney.

Among those corporations are both AT&T and Verizon, who either employed lobbyists now working directly with the Romney campaign or work with corporate-connected money bundlers, who raise enormous campaign contributions on behalf of the Romney campaign.

“The two biggest telephone companies, Verizon and AT&T, also stand to gain from a President Romney,” according to the report.

For example, money bundlers at Ogilvy, DLA Piper, and Ernst & Young are all directly connected to Verizon Wireless.

AT&T hired Romney Campaign Adviser Lobbyists Ronald Kaufman (working for Dutko) and Vin Weber (Clark & Weinstock).

Some of the reports highlights:

• Ten current and former lobbyists are directly affiliated with the Mitt Romney campaign as advisers and staffers.  These lobbyists have represented 256 clients who paid their firms over $88 million since 2004. (Lobbyist Campaign Officials)
• 16 registered lobbyists are acting as bundlers to Romney’s campaign.  These lobbyists have represented 324 organizations and a combined $196.9 million in lobbying expenses since 2008. (Lobbyist Bundlers)
• In 2011 bundlers and advisers to the Romney campaign represented 174 organizations and $54.7 million in lobbying expenses.
• 332 lobbyists have donated to a current GOP candidate in 2011.  Romney dominates the field, receiving 304 contributions. (Lobbyist Contributors)
• Two lobbying firms are positioned to gain from a Romney presidency: (Scorecard)
  • Dutko employs lobbyists that are Romney advisers, bundlers, and contributors
  • DLA Piper has multiple lobbyists that have contributed heavily to the Romney campaign.