A bizarre allegation (and theft-of-service complaint filed with local police) that a Voice Over IP service provider was “stealing” access to its fiber network has triggered the nation’s first formal Net Neutrality complaint under new Federal Communications Commission rules.

The complaint was triggered after Albany (Ga.)’s Water, Gas, and Light Commission (WG&L) filed a report with Dougherty County Police accusing L2Networks of accessing its municipal fiber network without paying.

If the FCC finds the city was correct asserting its claims of theft of service, other broadband providers could begin assessing additional fees for consumers who wish to access Google, Facebook, and Netflix, according the VoIP provider.

The case could create an “irreversible ripple effect along with the creation of various legal challenges across nearly every national content and application provider,” L2Networks CEO Kraig Beahn said in a press release. “We are deeply concerned that the alleged claim could potentially change the landscape of the national Internet marketplace as residential and commercial consumers see it today.”

Beahn's booking photo

In the view of L2Networks, the incident represents a direct and indisputable violation of the Federal Communications Commission’s Net Neutrality policies, which forbids providers from blocking service or selectively charging competitors additional fees to reach customers.

But details about the background of the complaint remain murky and a series of past disputes between Beahn and other telecommunications companies in Albany may require further exploration by federal officials investigating the complaint.

L2Networks is a small Albany-based telecommunications company that provides service to area businesses. L2Networks CEO Kraig Beahn is, however, well-known to both WG&L and local cable operator Mediacom, both of which have previously raised questions about his business practices.

L2 counters WG&L has made life increasingly difficult for the company since the two entities had a falling out in 2011.  That year, WG&L dumped L2 from its plans to deliver a competitive cable television service for Albany residents after the utility’s general manager accused Beahn of not fulfilling the promises he made with WG&L.

In January 2012, Beahn was arrested and charged with felony theft of service after Mediacom discovered an illegal tap on their cable line, which investigators learned was being used to provide Internet and phone service to L2 customer Adtran Logistics. Beahn called the charges “frivolous” and were part of an ongoing dispute with WG&L.

Mediacom vice president of legal and public affairs Tom Larsen noted the company did learn about the suspicious connection from the local utility.

“When our local team went to investigate, they discovered a Mediacom modem connected to two car batteries that was wired into our cable plant and being used [allegedly by L2] to serve a nearby business,” Larsen said.

Won 1.1 million new customers in 2011

Comcast and Time Warner Cable collectively picked up more than 1.5 million new customers in 2011, with most of the growth coming from dissatisfied DSL subscribers seeking better broadband speeds.

Leichtman Research Group, Inc. (LRG) found the eighteen largest cable and telephone providers in the US — representing about 93% of the market — acquired 3 million net additional high-speed Internet subscribers in 2011. Annual net broadband additions in 2011 were 88% of the total in 2010.

The top broadband providers now account for 78.6 million subscribers — with cable companies having over 44.3 million broadband subscribers, and telephone companies having over 34.3 million subscribers.

Stalled growth

Despite AT&T’s position as the second largest Internet Service Provider in the country, the company only picked up 117,000 new customers in 2011.  In contrast, Time Warner Cable, with 6 million fewer customers, added almost a half-million new broadband subscriptions last year.

Frontier Communications, which made broadband a primary target for expansion, has not seen considerable growth either.  The company only added just short of 38,000 new broadband customers last year, almost all getting DSL, often at speeds of 1-3Mbps.

Other key findings include:

• The top cable companies netted 75% of the broadband additions in 2011;
• The top cable companies added 2.3 million broadband subscribers in 2011 — 98% of the total net additions for the top cable companies in 2010;
• The top telephone providers added 750,000 broadband subs in 2011 — 68% of the total net additions for the top telephone companies in 2010;
• In the fourth quarter of 2011, cable and telephone providers added 765,000 broadband subscribers — with cable companies accounting for 82% of the broadband additions in the quarter.

Now serving 10.3 million

“Despite a high level of broadband penetration in the US, the top broadband providers added 88% as many subscribers in 2011 as in 2010,” said Bruce Leichtman, president and principal analyst for Leichtman Research Group, Inc. “At the end of 2011, the top broadband providers in the US cumulatively had over 78.6 million subscribers, an increase of nearly 25 million over the past five years.”

Americans are increasingly treating broadband as an essential “utility” service, as fundamental as electricity or clean water.

The majority of consumers who lack the service either consider it irrelevant in their lives (a factor that increases with the age of the surveyed respondent), cannot obtain service from their provider because of their location, or cannot afford the service.

Sources: The Companies and Leichtman Research Group, Inc.
* LRG estimate
** Includes LRG estimates for Bright House Networks, and RCN
^ Totals prior to Time Warner Cable’s acquisition of Insight completed on 2/29/2012
^^ LRG estimate does not include wireless subscribers
Company subscriber counts may not represent solely residential households
Totals reflect pro forma results from system sales and acquisitions
Top cable and telephone companies represent approximately 93% of all subscribers

Mediacom is announcing broad price increases for many of its customers scheduled to take effect on Dec. 15.  Most cable-TV subscribers will pay $2-3 more a month for basic cable, an additional $2 a month for Cinemax and Showtime, and $2 extra a month for “Digital Plus” cable service.  To add insult, the paperless bill credit that used to knock $1 off your bill if you chose not to receive a mailed billing statement is also being eliminated.

Lee Grassley, Mediacom’s chief lobbyist, delivered the company line about the rate increase in letters mailed to subscribers.  In essence, he blamed everyone but Mediacom for the rate hikes, and in poetic language one normally doesn’t get from a cable company rate increase notification:

As our nation struggles to pull itself out of what has been called the Great Recession, we recognize that these are challenging times for the hardworking men and women living in the communities that we serve.

[...] Over the past few years, many broadcasters have used their monopoly powers to demand 100%, 200% and even 300% rate increases during contract negotiations.  This has driven up cable and satellite rates and forced American consumers to pay billions of dollars for “free” over-the-air television.

The problems with sports programming are equally alarming.  One look at the skyrocketing rights fees announced with recent deals and it is easy to see that the marketplace for live televised sports is out of control.

[...] Contrary to public perception, cable companies are reluctant to raise video prices because when we do, we lose subscribers.  Mediacom does not make money when we raise video rates, since we remit virtually every penny of the increase on to programmers.  In fact, over the last three years, our programming cost increases were more than double our video revenue increases.

Since the programming community has been unwilling to exercise even the slightest measure of self-restraint when it comes to reigning in their spending or increasing their price demands, Mediacom has taken the fight to Washington.

Mediacom as new-found-friend fighting for lower cable rates comes across as ironic, at best, to Stop the Cap! reader Noel, who lives in Mediacom’s Iowa footprint.

“This is the same cable company who pocketed rate increases annually for as long as I’ve been a subscriber, and if they can’t raise the price of the television service, they’ll just make it up on the broadband side,” Noel writes.  “They have their nerve complaining about monopolies.”

Noel points out the local station retransmission consent fees are a more recent phenomenon, and Mediacom rate increases in prior years were the same or higher.

“I think they are realizing there is an absolute maximum people in Iowa can afford for cable, and years of rate increases have allowed all of the players to assume they can slice a bigger piece from that pie for themselves, and we’re tapped out,” Noel adds.

Noel called Mediacom and threatened to cancel service and received a nice consolation price: customer retention pricing normally reserved for new customers.

“I have a year reprieve, but rest assured I will start dropping things after the deal expires at these prices.”

KCCI in Des Moines covers Mediacom’s rate increases and the reaction from local residents who will have to pay more for cable service.  (2 minutes)

Five years ago, municipal Wi-Fi projects were enjoying a small boom.  The concept of providing low-cost or free Internet access seemed like a winner because it could provide service to those who could not afford traditional broadband, would stimulate economic development downtown, and possibly attract business as shoppers stopped in cafes or stores to use their wireless devices.  In some communities, just the spectacle of a city-wide high technology wireless network delivered worthwhile bragging rights that adjacent communities didn’t have.

For most city or town officials pondering investment in a Wi-Fi network, the idea germinates from a perceived lack of service from private providers.  If private companies were delivering the service, few communities would spend the time, effort, and money duplicating it.

In the community of Marshalltown, public Wi-Fi in 2005 was a service only found in a small selection of stores and cafes in the central business district.  The Marshalltown Economic Development Impact Committee sought to change that, promoting a plan to construct a free-to-use Wi-Fi network covering a 20-block radius centered on the Marshall County Courthouse.  The community of 27,000 got a three month trial of the downtown Wi-Fi network in 1995, with the city and county sharing 50 percent of its cost, with the remaining 50 percent paid for by private donations.

Mediacom, the cable company serving Marshalltown, was incensed by the notion of a community-owned broadband provider delivering improved (and free) Internet access across the city.  Even worse in their eyes, local government officials were pondering creating a public broadband utility.

Marshalltown (Marshall County), Iowa

It wasn’t long before new, shadowy groups with names like “Project Taxpayer Protection” showed up in town attacking the concept of municipal Internet access.  After a blizzard of brochures and exaggerated claims about “government broadband,” the network became a point of controversy among the locals.

Only later would the community learn the group (whose status as a non-profit was later revoked by the Internet Revenue Service for failure to file timely reports on its funding and activities) was actually funded mostly by Mediacom itself, with the full support of the Iowa Cable Association.

The astroturf campaign against public involvement in Wi-Fi, which could threaten Mediacom’s broadband service profits, was effectively an investment against competition.  It was an effort that paid dividends by late 2005, when the city and Mediacom suddenly announced a new “public-private partnership” to administer and expand the Wi-Fi network.  There were a few important changes, however:

1. Mediacom’s concept of “free” was markedly different than the designers’ original vision.  The cable company had other ideas, placing restrictions on how much “free use” was allowed;
2. Customers who used the newly-announced “free service” got it at speeds not much better than dial-up and definitely slower than 3G;
3. Residential Mediacom broadband customers could get unlimited time on the formerly-free network, if they paid $19.95 a month for 256kbps access;
4. To make the network seem business-friendly, business customers were told they could get up to 10Mbps service for $59.95 a month.

The goal of the partnership, according to Mike Miller, chairman of the Marshalltown Economic Development Impact Committee, was to see low-cost broadband Internet access citywide by the end of 2006.

Oh, and Mediacom insisted on something else: no more talk of a city-created municipal telecommunications provider, at least for a year anyway.

“We commend you on the foresight and vision to do this,” Bill Peard, Mediacom’s government affairs manager, told city officials at the time the deal was announced.

Friends until the community-owned...

Once Mediacom got its hands on the formerly community-owned network, it was the beginning of the end.

Business customers could not get Mediacom to sell them access at the promised price because representatives could not find the offer.

It was much worse for residential users.

Free Wi-Fi access soon became limited to one hour a day, up to 10 hours per month for non-Mediacom customers.  After that, you paid if you wanted more.

City and company officials spent most of their time wrangling over the costs of the service and its future potential.  What city officials were not planning for was the network’s virtual demise at the hands of the cable company.

...free Wi-Fi network is at an end.

Today, free access is a distant memory, as Mediacom pulled the plug claiming there was “limited interest.”

Effectively, Mediacom’s idea of a public-private partnership was the systematic decommissioning of a community’s public Internet alternative, all to protect its own broadband business.

That’s a lesson of caution for any community seeking to team up with private broadband providers.  Marshalltown allowed that partnership to first and foremost serve Mediacom’s business interests, not the public.  Now that network is effectively gone and largely-forgotten.

That suits Mediacom just fine.

Mediacom, America’s eighth largest cable company, lost 20,000 video subscribers in the second quarter of 2011, joining a growing parade of cable companies reporting increased cord-cutting by customers who either cannot afford, or don’t need increasingly-costly cable TV service.

The cable operator, which largely serves small cities and suburban areas, has suffered from notoriously poor consumer ratings for several years, and some customers have apparently had enough.  Mediacom, which went private earlier this year, provided fewer details about its performance in its first quarter as a private company, but the information it did provide showed attempts to make up the losses with rate increases on remaining customers and increased revenue from phone and broadband sales, and Mediacom’s advertising business.

The company’s customers in its strongholds in the southeastern and midwestern United States have been impacted hard by declining property values and high unemployment.  Impacted consumers are paring back expenses, and while they are keeping phone and broadband service, cable TV is increasingly being dropped.

Earlier conference calls with Mediacom company officials note an increasing number of customers are only being rescued when the company discounts the cost of the service as a customer retention tool.  The company has been hard selling its “VIP Pak” — a triple play package of cable TV, phone, and Internet for $90 a month, but it comes with lots of fine print: mandating a 24-month contract, a required subscription to HBO, and gradually increased rates after the first year.  Mediacom’s bundled offers lock in customers with two year contracts, but don’t protect them from periodic rate increases, which are automatically applied as implemented.

Customers looking for standalone broadband or a “double-play” will also find high prices, two-year contracts and early termination fees in their future:

• Cable TV & Broadband: $79.90 for the first year, $99.90 for the second, with a $240 early termination fee
• Cable TV: $49.95 for the first year, $64.95 for the second, with a $240 early termination fee
• Broadband Only (12/1Mbps): $49.95 for the first year, $54.95 for the second, with a $240 early termination fee

The Federal Communications Commission today released MEASURING BROADBAND AMERICA, the first nationwide performance study of residential wireline broadband service in the United States.  The study examined service offerings from 13 of the largest wireline broadband providers using automated, direct measurements of broadband performance delivered to the homes of thousands of volunteers during March 2011.

Among the key findings:

Providers are being more honest about their advertised speeds: Actual speeds are moving closer to the speeds promised by those providers.  Back in 2009, the FCC found a greater disparity between advertised and delivered speeds.  But the Commission also found that certain providers are more likely to deliver than others, and certain broadband technologies are simply more reliable and consistent.

Fiber-to-the-Home service was the runaway winner, consistently delivering even better speeds than advertised (114%).  Cable broadband delivered 93% of advertised speeds, while DSL only managed to deliver 82 percent of what providers promise.  Fiber broadband speeds are consistent, with just a 0.4 percent decline in speeds during peak usage periods.

Cable companies are still overselling their networks.  The FCC found during peak usage periods (7-11pm), 7.3 percent of cable-based services suffered from speed decreases — generally a sign a provider has piled too many customers onto an overburdened network.  One clear clue of overselling: the FCC found upload speeds largely unaffected.

DSL has capacity and speed issues.  DSL also experienced speed drops, with 5.5 percent of customers witnessing significant speed deterioration, which could come from an overshared D-SLAM, where multiple DSL customers connect with equipment that relays their traffic back to the central office, or from insufficient connectivity to the Internet backbone.

Some providers are much better than others.  The FCC found some remarkable variability in the performance of different ISPs.  Let’s break several down:

• Verizon’s FiOS was the clear winner among the major providers tested, winning top performance marks across the board.  Few providers came close;
• Comcast had the most consistently reliable speeds among cable broadband providers.  Cox beat them at times, but only during hours when few customers were using their network;
• AT&T U-verse was competitive with most cable broadband packages, but is already being outclassed by cable companies offering DOCSIS 3-based premium speed tiers;
• Cablevision has a seriously oversold broadband network.  Their results were disastrous, scoring the worst of all providers for consistent service during peak usage periods.  Their performance was simply unacceptable, incapable of delivering barely more than half of promised speeds during the 10pm-12am window.
• It was strictly middle-of-the-road performance for Time Warner Cable, Insight, and CenturyLink.  They aren’t bad, but they could be better.
• Mediacom continued its tradition of being a mediocre cable provider, delivering consistently below-average results for their customers during peak usage periods.  They are not performing necessary upgrades to keep up with user demand.
• Most major DSL providers — AT&T, Frontier, and Qwest — promise little and deliver as much.  Their ho-hum advertised speeds combined with unimpressive scores for time of day performance variability should make all of these the consumers’ last choice for broadband service if other options are available.

Some conclusions the FCC wants consumers to ponder:

1. For basic web-browsing and Voice-Over-IP, any provider should be adequate.  Shop on price. Consumers should not overspend for faster tiers of service they will simply not benefit from all that much.  Web pages loaded at similar speeds regardless of the speed tier chosen.
2. Video streaming benefits from consistent speeds and network reliability.  Fiber and cable broadband usually deliver faster speeds that can ensure reliable high quality video streaming.  DSL may or may not be able to keep up with our HD video future.
3. Temporary speed-boost technology provided by some cable operators is a useful gimmick.  It can help render web pages and complete small file downloads faster.  It can’t beat fiber’s consistently faster speeds, but can deliver a noticeable improvement over DSL.

More than 78,000 consumers volunteered to participate in the study and a total of approximately 9,000 consumers were selected as potential participants and were supplied with specially configured routers. The data in the report is based on a statistically selected subset of those consumers—approximately 6,800 individuals—and the measurements taken in their homes during March 2011. The participants in the volunteer consumer panel were recruited with the goal of covering ISPs within the U.S. across all broadband technologies, although only results from three major technologies—DSL, cable, and fiber-to-the-home—are reflected in the report.

The Delmarva Peninsula

Four towns are better than one when trying to negotiate improved service and better terms for Delmarva Mediacom cable customers.

Bethany Beach, Millville, Ocean View and South Bethany are considering joining forces to renegotiate their agreements with Mediacom, all coming up for renewal within a year of each other.

Councilman Jay Headman from South Bethany is among those advocating the joint effort to get a better deal from Mediacom, which provides cable service across many parts of the peninsula encompassing Delaware and parts of Maryland and Virginia.

Mediacom serves many parts of the Delmarva Peninsula with cable service

“If we could come together and negotiate as one, we could save money and have more clout,” Headman told The Daily Times. “We know for a fact that it’s smart to negotiate together. When we have a larger clientele, (Mediacom) has to deal with us, and we can split the cost for the lawyer.”

While the four communities would find a competing provider launching service on the peninsula a useful tool to increase competition, they don’t necessarily believe its likely.  Many residents of the towns are part-timers, staying for extended summer vacations.  In fact, getting a better deal for part-time residents who wish to subscribe for part of the year is one of the concessions they hope to obtain from Mediacom.  The towns are also seeking a shorter agreement — the current franchise is for a 15-year term — and better service in general.

Vice Mayor Carol Olmstead, of Bethany Beach, told the newspaper the town is allocating $5,000 in next year’s budget to cover legal fees related to the negotiation.

“I think everyone who has cable TV would like better service,” she said. “Why not join together? I think the feeling is there’s strength in numbers.”

Mediacom is the nation's eighth largest cable company, serving 1.3 million customers in 22 states

Customers across the country are growing increasingly annoyed with Mediacom, the nation’s eighth largest cable operator that scored rock bottom in this year’s Consumer Reports cable survey.

The complaints keep on piling up: unfulfilled service calls, uninformed customer service agents in the Philippines, poor quality service, and in one case, a supervisor more concerned about how a customer obtained her direct number than actually resolving the customer’s problems.

The fallout from irritated customers now extends beyond horror stories from some of the company’s 1.3 million customers in 22 states — it’s now costing the company rejection of extended franchise renewal agreements in some communities, and plenty of bad press.

Boone County, Illinois

Boone County, Illinois

Last spring, Boone County began discussions about renewing a cable franchise Mediacom had with the county for some 20 years.  Public meetings to discuss the renewal brought throngs of customers annoyed with Mediacom’s poor performance.

The Rockford Register-Star took up the story:

Candlewick Lake resident Roger McGee Sr. has been experiencing difficulties with his cable company since he moved to the gated community two years ago.

McGee, a former Huntley resident, said he’s spent more time trying to get resolutions to his cable and Internet issues than he ever imagined was possible. “Every single step of the way the customer service was horrible and mismanaged,” he said Wednesday. “I talked to Mediacom more than I talked to my wife in those three months.”

Mediacom representatives characterized the complaints as mere aberrations and suggested isolated complaints could be resolved without impacting the company’s franchise renewal.  But additional public meetings held later that summer illustrated Mediacom had problems in the north-central Illinois region where it provided service.  The Register-Star reported:

George Chorvat has experienced countless issues with Mediacom Communications, and he’s looking for relief. The Poplar Grove resident isn’t alone.

Chorvat attended the county’s second cable hearing Tuesday at the Belvidere Township Building along with roughly 20 residents to speak out about service woes and to provide input on the county’s nonexclusive franchise renewal, which is in the negotiation phase.

“You took away half of our movie channels and said it was OK because we had On Demand, but we do not and we’re paying the same price,” Chorvat said.

His challenge of the offerings provided by Mediacom was one of several problems residents said they face.

Some residents detailed months of waiting for maintenance cable wires to be buried underground. Others told of weeks without phone service or waiting at home for technicians to arrive for scheduled appointments only to find the cable company had canceled them.

Late last month, Boone County granted the cable company a one-year extension of its cable franchise, citing customer complaints as the primary reason for the short-term extension.  In addition, the county will hold a series of public meetings at three, six, and nine month intervals over the coming year to check on customer service concerns and how Mediacom responds to them before considering a five year franchise extension.

The interim extension also keeps Mediacom from using telecom-friendly legislation to obtain a franchise from the Illinois state government, bypassing local officials.  Statewide franchising in Illinois was the brainchild of AT&T, which wants to expand U-verse without having to answer to local communities.  Mediacom has the ability to hop on board the same provisions to avoid local control if local governments refuse to extend a franchise agreement.

“We need to make sure we keep some county control here,” board member Karl Johnson told the newspaper in February. “No matter how big we think we are here, they’re a whole lot bigger when they come through downstate.”

Johnson heard several complaints from Mediacom customers about missed appointments, incomplete wire maintenance, and some who went weeks without Mediacom phone or broadband service.

Springfield, Missouri

Springfield, Missouri

Cable customers who experience problems expect answers when calling customer service, but Springfield resident Nancy Walker found herself empty-handed after speaking with a Mediacom representative thousands of miles away — in the Philippines.

“I am really upset,” Walker told the Springfield News-Leader in February. “I want a local number I can call, not the Philippines.”

She finally resorted to calling the office number of a friend who once worked for Mediacom before that friend passed away.  A supervisor was more concerned about how she obtained that number than helping her, Walker said.

Mediacom disconnected its local call center about three years ago, and company officials admitted they route calls to call centers, including one in the Philippines.  Larry Peterson, regional vice president of Mediacom, said the company dropped the ball on Ms. Walker, finding the customer service she received “unacceptable.”  Peterson handed Walker his business card and promised any issues would be resolved.

For customers who do not have Peterson’s personal office number, many just have to take their chances.

Springfield’s Cable TV Advisory Commission, which actually holds almost no real power over Mediacom, thought the company could do better.

Commission member Rita Silic urged the cable company to find a way to route dissatisfied customer calls back to a local Mediacom representative.

Dave Iseman, editorial page editor of the News-Leader, opined Mediacom needs “a full-fledged apologetic jingle. And it better be a long one, considering the waiting time that can be necessary to phone in a complaint.”

Burlington, Iowa

The fact Mediacom rated near the bottom in Consumer Reports‘ latest ranking of telecommunications companies — 24th among 27 Internet providers, 15th among 16 television service providers and dead last among 23 telephone providers — didn’t escape the attention of Burlington-based newspaper The Hawk Eye.  The newspaper noticed local complaints were continuing to pour in about service quality and trouble reaching customer service.

Columnist Don Henry even wrote about his own personal experiences with Mediacom in December:

Mediacom last month took away the religious programming my wife enjoys: I guess she shouldn’t complain.

They also poked out one of C-SPAN’s eyes on Congress. The Nancy Pelosi House of Horrors remains fit for family viewing, but not the Senate Shell Game. No explanation of why and I watched both — but I’m not complaining.

We were satisfied with “expanded basic” — but Mediacom decided to improve our viewing experience by removing four channels and making us rent some new box gadget to see them, plus a few we didn’t need.

Lest you complain, you get one box free … until they automatically raise your bill a year later. Conservatives think God trumps Harry Reid, so our box went into Sandy’s exercise room. She’s not complaining.

Henry’s problems only got worse from there, including e-mail disruptions and other service outages.  He did what most customers do when their service is on the fritz — he called the cable company.  That turned out to be quite an adventure:

“For e-mail problems, press 1; otherwise, stay on the line.”

I pressed 1.

“For e-mail problems, press 1; otherwise, stay on the line.”

Burlington, Iowa

I pressed 1.

“For e-mail problems, press 1; otherwise, stay on the line.”

After maybe 10 replays, I disobeyed. I stayed on the line … and waited … and waited … until my patience wore thin enough to drive to the Mediacom office on Division Street. I talked to a rep who seemed blissfully unaware of any e-mail problems. It’s been over a day and I’m far from alone, I said.

“Well, nobody’s told us.”

Could you ask about it?

“I can’t do that.”

Could you at least adjust my bill for the lost service?

“I don’t know of that ever being done.”

You used to, when I could get someone by phone.

“Then you’ll have to call.”

Henry’s column struck a nerve among local residents, who flooded the newspaper with comments about their own horror stories, ranging from pesky squirrels chewing through fiber optic cables to tsunamis of spam after the company “improved” its e-mail service.

Phyllis Peters, communications director for Mediacom, admitted the company could improve its customer service, but decided to devote most of her attention to taking issue with… Consumer Reports‘ survey.  Peters wants customers to know Mediacom isn’t dead last in the country because the magazine didn’t ask customers about every cable provider in the United States.  She’s certain there are worse examples out there:

Peters said one reason the survey might rate Mediacom so poorly is because of the company’s ambition. Mediacom is the nation’s eighth largest cable company, and focuses on providing cable coverage to non-metropolitan areas. Expanding service over a large area means more fiberoptic cable and servers that must be monitored.

Peters said the top-ranking cable company Wow, which had top scores on almost every attribute in the ratings, serves a much smaller, consolidated area than Mediacom. Wow is the 12th largest cable provider in the country, and services parts of Illinois, Michigan, Ohio and Indiana. Consumer Reports was enthusiastic about the company, but acknowledged its small size.

“We would like to be higher in the rankings. We’ve put a lot of effort into customer service, and we did add a lot of calling staff,” Peters said. “Those things have moved forward in a significant way, and it takes a while for perception to change.”

It may not always be easy to get a Mediacom representative on the phone, but the company offers the fastest Internet service in Burlington, she said. The company offers a standard download speed of 12 megabytes per second, and that service can be upgraded to 20 megabytes per second for a higher price.

Competition for Burlington residents’ broadband needs come mostly from Qwest, which offers most customers 1.2 Mbps DSL service, although the company can provide up to 7 Mbps in selected neighborhoods.

Max Phillips, president of the western Iowa division of Qwest, told The Hawk Eye he doesn’t know if the company will be able to provide higher speeds to Burlington in the near future.

“We have a long-term plan to bring higher speeds, but our business is constrained by the government model,” he said, whatever that is supposed to mean.

Carthage, Illinois

Carthage, Illinois

Mediacom has been out of luck securing a franchise renewal in Carthage because of ongoing customer complaints about the quality of service being provided to Hancock County residents.

Carthage has been without a Mediacom franchise agreement since the old one expired last June.

A proposed renewal was shot down by the city after a vote failed to approve it, citing reception complaints.  Mediacom has been asking the city for a franchise renewal ever since, but the city has resorted to four-month extensions, waiting to see what service improvements were forthcoming in the interim.

Mediacom installed new hardware in the community, which it felt would improve reception, and city officials were hopeful the noted drop in complaints reaching them was an indication of that.

But in February, complaints began arriving at the city’s doorstep once again.

Carthage Mayor Jim Nightingale said he heard two complaints right after the city council offered the latest extension.

Now he’s withdrawn the offer.

Mediacom can always appeal to the state of Illinois to seek a new franchise under statewide franchise laws, but discussions with city officials are continuing for now.

Prior Lake, Minnesota

Prior Lake, Minnesota

Communities looking for competitive alternatives to Mediacom usually find phone companies who refuse to offer video service in Mediacom service areas, because the cable company typically chooses smaller communities where such “telco-TV” projects don’t meet the minimum Return On Investment requirements necessary to build them.  Some communities served by independent phone companies or are lucky enough to find a willing fiber-to-the-home provider are in better shape, unless the cable company files suit to stop such projects from moving forward.

The community of Prior Lake, twenty miles outside of Minneapolis, and its 16,000 residents are a case in point.

Last fall, Mediacom filed suit against Integra Telecom, a Portland, Oregon-based provider of competitive voice, broadband, and television service that won a franchise agreement to provide “telco-TV” in Prior Lake and nearby communities within its existing service area.

The suit claims city officials discriminated against Mediacom by not compelling Integra to meet the same terms and conditions Mediacom agreed to in a 1999 franchise agreement. Specifically, Mediacom wants Integra held to the same requirement it agreed to in defining its service area.  Because Integra is not planning on matching Mediacom’s service area house by house, Mediacom claims they are in violation of Minnesota law.

That suit is awaiting a hearing in the state Court of Appeals expected to begin this month.

The dispute between Mediacom and the city has led one state senator to write legislation clarifying the existing cable franchise laws in Minnesota.

Senator Scott Dibble (DFL-Minneapolis), has introduced Senate File 2535.  The bill would allow telephone companies to provide competitive service within their natural service areas, instead of being required to match incumbent cable operator coverage areas.  For example, a cable company might serve a broader area where multiple phone companies provide service.  Under current state law, competing phone companies could be required to wire every area where the incumbent cable company provides service, even inside other phone company’s service areas.  Senate File 2535 recognizes the current telephone company service area boundaries as acceptable enough to proceed with a video franchise agreement.

Integra's service area in the Minneapolis/St. Paul region, which is not identical to Mediacom's service area, is one point of contention between Mediacom and Prior Lake officials

Prior Lake City Manager Frank Boyles and Senator Claire Robling (R-Jordan), both testified in favor of the bill at a recent hearing held by the state Senate Committee on Energy, Utilities, Technology and Communications. The bill was approved unanimously and now moves to the State and Local Government Operations and Oversight Committee, of which Robling is a member.

The League of Minnesota Cities is also calling on its members and the public to support SF2535 which could speed competition across Minnesota.

Text of Senate Bill 2535:

A bill for an act relating to cable communications; clarifying requirements for the granting of additional cable franchises; amending Minnesota Statutes 2008, section 238.08, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. Minnesota Statutes 2008, section 238.08, subdivision 1, is amended to read:

Subdivision 1. Requirement; conditions.

(a) A municipality shall require a franchise or extension permit of any cable communications system providing service within the municipality.

(b) No municipality shall grant an additional franchise for cable service for an area included in an existing franchise on terms and conditions more favorable or less burdensome than those in the existing franchise pertaining to: (1) the area served; (2) public, educational, or governmental access requirements; or (3) franchise fees. The provisions of this paragraph shall not apply when the area in which the additional franchise is being sought is not actually being served by any existing cable communications system holding a franchise for the area. Nothing in this paragraph prevents a municipality from imposing additional terms and conditions on any additional franchises.

(c) An area for an additional cable franchise is not more favorable or less burdensome if the franchisee is a telephone company, as defined in section 237.01, subdivision 7, and the area of the franchise is no less than the area within the municipality in which the telephone company offers local exchange telephone service. This paragraph is in addition to and not a limit to the authority of a municipality to grant an additional franchise for cable service.

Princeton, Kentucky

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

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

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

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

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

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

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

[Stop the Cap! will be closely following Google's experimental gigabit fiber-optic broadband network.  We'll be bringing regular updates about the communities applying, the strategies they are using to attract Google's attention, what the competition thinks, and the impact of the project on American broadband.]

Columbia, Missouri is excited about the prospect of being chosen as a test city for Google gigabit broadband.

It’s just one of tens of communities seeking to apply for Google’s new experimental fiber to the home network delivering super fast broadband to residents and businesses.

Columbia is the fifth largest city in the state, with 100,000 residents who call the heart of mid-Missouri home.  Columbia is a classic college town, supporting the University of Missouri.  It’s uniquely known as one of the most-educated communities in the country, with over half of its residents holding college degrees.  Columbia residents are quick to embrace new technology, and this drive to adopt the latest and the greatest has fueled interest in Google’s fiber network.

Columbia’s Regional Economic Development, Inc. (REDI), promoting local business and economic development, has been coordinating what to do next.  They’ve been joined by ComoFiber, which is working to generate public interest in the project and help devise a strategy to win Google’s attention.

Columbia, Missouri

Mike Brooks, from REDI, said the city has seen a great deal of interest from the community to apply for Google’s plan.

Last week, both groups met to educate the public and start identifying why Columbia poses an attractive place for Google’s project.

Some believe Columbia would be the ideal city to build such a network.  ComoFiber explains:

The reasons are numerous, but the biggest reason is really quite simple: Columbia is on the knife’s edge: the sweet spot between big, highly-developed cities and small, under-served towns.

The reason this is so important is because it’s easy to see why Google might want to deploy its fiber in either a big city or a small town, but it’s equally easy to see why they wouldn’t. The big cities have high-tech industry, universities, highly educated populae and other capabilities that allow them to produce the kind of applications and creative products that Google wants to research. On the other hand, major cities already have a great deal of fiber infrastructure, and their broadband prices are generally reasonable. So really, they’re already enabled; adding marginally-faster service to those markets won’t be the kind of sea-change that the plan is designed to study.

ComoFiber compiled a list of strengths from both the “big city” and “small town” perspective:

Columbia/Boone County, Missouri

Columbia as Big City:

1. Multiple colleges and universities, including world-class research facilities.
2. A major life sciences epicenter. Life-science is perhaps the most data-intensive industry in the world.
3. A highly-educated, technically-skilled populace. Thirteenth-most educated in America, to be exact.
4. Many high-tech small businesses, including Internet-centric outfits such as Newsy.
5. Several major hospitals and health care businesses, including some at the forefront of technological advancement.
6. Small-business incubators run in cooperation with universities and the city.
7. The world’s foremost journalism school and the Donald W. Reynolds Journalism Institute, which houses a state-of-the-art Technology Testing Center.
8. Several existing Internet service providers who can take advantage of this new open network.
9. Excellent data backhaul capability due to our position on the I-70 corridor.
10. With over 100,000 people, the population is high enough to meet Google’s goal for project scale.

Columbia as Small Town:

1. Sub-par broadband performance with high prices.
2. Very little existing fiber-to-the-home infrastructure.
3. High tariffed rates for enterprise-class data products (T1, DS3, etc.)
4. Midrange population density should be a good microcosm for suburbia nationwide.
5. Smaller building development (no high-rises) makes infrastructure deployment simpler.
6. ”The District” contains the kind of mom-and-pop small-town businesses that can innovate unencumbered by corporate imperatives.
7. Frequently listed in “best places to live” compilations, such as that of Money Magazine.
8. Location in the heart of middle America sends a powerful symbolic message.
9. Low cost of living will be nice for the employees Google will need to move in.
10. With only a bit over 100,000 people, the population is low enough not to dwarf Google’s goal for scale.

The incumbent cable operator, Mediacom, can’t understand why there is such excitement over Google’s fiber project.

“Google is going to be in select markets, and it’s kind of a test that they’re rolling out,” Mediacom director of operations Bryan Gann told KOMU-TV in Columbia. ”It may be limited to some commercial applications in the beginning.”

Mediacom is Columbia's incumbent cable company

Mediacom doesn’t think most residents have any need for super fast broadband.

“I think when you get up to those higher speeds that fast, it’s a select group that would even be interested in it going at that speed,” Gann said.

Despite that remark, Gann quickly added Mediacom was already providing the fastest broadband access in town.  In early February, Mediacom boosted its top broadband speed to 50Mbps, and Gann says the company already has plans to boost that speed to 100Mbps in the future.

“We’re already supposed to go to 100, so we can press on the accelerator anytime we want to,” Gann said.

When a new fiber-based competitor threatens to arrive in town, most cable companies downplay the competitive threat.  Mediacom was no exception.

Gann told KOMU Mediacom was used to competition in broadband service and doesn’t see Google Fiber as a threat.

“With the technology that the cable industry put into Columbia, we’re ready to increase our speed to match competition,” Gann said.

http://www.phillipdampier.com/video/KOMU Columbia Faster Internet May Reach Mid-Missouri 2-16-10.flv
KOMU-TV talks about Columbia’s prospects as a chosen city for Google’s new fiber-to-the-home experiment. (2/16/10 – 1 minute)