Time Warner Cable’s position as second largest cable company in the United States got some beefing up this morning with news it was acquiring 750,000 subscribers from Insight Communications in Illinois, Indiana, Kentucky and Ohio for $3 billion dollars in an all-cash deal.

That’s $1 billion less than asked by seller-owner Carlyle Group, which has been shopping the tenth largest cable operator around for months.

For many Insight subscribers, it means another new owner.  Most of Insight’s customers have been cobbled together from other cable systems, including Tele-Communications, Inc., AT&T Cable, Comcast, and even a few former Time Warner service areas.  For the past several years, Insight has been run under the ownership of equity investment firm Carlyle Group, which has treated it as an investment, waiting to be sold off to the highest bidder.  In 2007, Carlyle found no buyers willing to meet their asking price, and it appeared this year’s negotiations were headed in the same direction, as Time Warner Cable (among others) dismissed the $4 billion asking price as overpriced.

But this year, Carlyle apparently was unwilling to hold on to their investment, and according to an insider, quickly called Time Warner Cable after other potential bidders including WideOpen West, Mediacom Communications, Cablevision and Charter Cable dropped out.  Time Warner Cable repeated their offer of an all-cash purchase of $3 billion, and Carlyle accepted.

With the acquisition, Insight’s brand will eventually be dropped in favor of Time Warner Cable, who expects to realize $100 million in “cost savings” from bulk programming purchase deals and cost cutting measures.  Time Warner Cable also gets to realize tax benefits when it inherits Insight’s heavy net losses of $300 million, which will reduce the larger cable operator’s tax liabilities.

For customers, programming lineup changes are unlikely, and Insight already is aggressively deploying DOCSIS 3 for its broadband customers.  Time Warner is likely to realign Insight’s broadband packages closer to standard Road Runner packages.  Insight currently sells 10/1, 20/1.5, 30/3, and 50/5Mbps service.  Time Warner Cable routinely sells 10/1, 15/1, 30/5, and 50/5Mbps service in most DOCSIS 3-enabled service areas.

Time Warner’s acquisition of Insight bolsters its earlier purchase this year of cable properties in Kentucky and Tennessee formerly owned by another midwestern cable operator — NewWave Communications.

New Englandia. Upstate New York. Northern California. Carolina. Missipiana.

None of these are actual states, but based on the people we communicate with who share our interests, perhaps they should be.

Researchers at MIT’s Senseable City Lab, AT&T Labs-Research and IBM Research are revealing new research that redefines regional boundaries in the United States, using patterns of social connectedness across the country derived from anonymous and aggregated cell phone data.

The results, based on numbers called and the geographic destinations or text messages, are predictable in some places, surprising in others.

The Connected States of America (click to enlarge)

Take New Jersey for example.  The state is remarkably divided between the northern half, whose people are socially linked with metropolitan New York City, and the southern half which almost entirely ignores the Big Apple and Long Island, maintaining closer connections with southeastern Pennsylvania and Delaware.

Some other highlights:

• Socially, most of North and South Carolina are indistinguishable from one-another.
• Chattanooga has more in common with Alabama and Georgia than the rest of Tennessee.
• Southern California’s sprawl is to the east, not to the north.  The influence from Los Angeles and San Diego now extends into Arizona, Nevada and even Utah.  Northern California sticks to itself with one exception — it has connections towards Reno, Nevada.
• Upstate New York, mostly above the Hudson Valley, is socially similar all the way west to Lake Erie, with the exception of Chautauqua County, which is culturally closer to Appalachian areas in western Pennsylvania and West Virginia.
• New England maintains close ties with the exception of northern Maine and New Hampshire, which may be closer to Atlantic Canada.
• Standalone states that mostly keep to themselves include Florida, Texas, Colorado, Michigan, Indiana, and Ohio.  With interest, many of those states are also politically defined as “swing states.”

The “Connected States of America” provides a more natural delineation of regions that follows relationships between family, friends and business partners.

“Sister states” emerge, such as Georgia and Alabama, Mississippi and Louisiana, and Tennessee and Kentucky, among others.

Metropolitan areas often form pockets of influence that extend into neighboring states or communities; for example, Chattanooga, Tenn., is more closely linked to communities in Georgia and Alabama than to the rest of Tennessee. Pittsburgh, Penn., and West Virginia form a new “state,” while St. Louis, Mo., exhibits an expanded reach that splits Illinois into two regions.

New Jersey and California also divide into two distinct regions due to large cities. In contrast, Texas remains whole: Despite the potentially splitting influence of cities such as Dallas, Houston, San Antonio and Austin, the researchers found that there is enough inter-city communication to hold the state together.

After declining formal hearings and conducting their own investigations, the states of Louisiana, Arizona, and West Virginia approved the merger of AT&T and T-Mobile after briefly reviewing documentation promoting the merger, mostly supplied by the companies themselves.

The most controversial approval came from the Louisiana Public Service Commission, overseen by Gov. Bobby Jindal.  Jindal has strongly supported the merger, and his wife’s charity — the Supriya Jindal Foundation — receives substantial economic support from AT&T.  The Commission voted 4-1 for the merger, citing “overriding support locally, as is evidence by the diverse number of groups and officials who are in support.”

More accurately, AT&T contributed to a diverse number of groups that soon sent letters to the FCC supporting the merger.  Most notably, the Urban League of New Orleans, which touted the merger without disclosing the fact AT&T Louisiana president Sonia Perez is a member of the group’s governing board and their 2011 Annual Gala Chairperson.

In Arizona, AT&T won approval from state officials without any hearings, investigation, or much consideration, period.  In fact, less than two weeks ago Arizona officials issued subpoenas to Sprint/Nextel, demanding documentation from them regarding their opposition to the merger.

West Virginia’s Public Service Commission also gave a cursory review to the merger, quickly deciding it posed little impact on the state, since T-Mobile has ignored West Virginia all along, owning just three cellular towers and equipment on 27 others in the state.  T-Mobile also has no West Virginian employees.

State officials believe AT&T’s promise to deliver 4G upgrades inside West Virginia if the merger deal is approved.  But since T-Mobile has no presence in the state, the company’s argument of combining forces for better service doesn’t make much sense.

The PSC relied heavily on Attorney General Darrell McGraw’s pronouncement that the merger would not harm wireless competition in the Mountain State.  Besides, if it did, federal authorities would stop it.

“Any possible implications from this transaction on competition nationwide will be considered by federal authorities,” the PSC wrote.

West Virginia officials denied requests for a hearing before making their decision.

Attorneys General from 11 states not well-known for strong consumer protection have signed letters encouraging the approval of the merger.  Among them:  Alabama, Arkansas, Georgia, Kentucky, Michigan, Mississippi, North Dakota, South Dakota, Utah, West Virginia, and Wyoming.

Attorneys General in New York, California, and Hawaii are taking a much closer, and some say more critical look at the merger.  At the lead is New York’s Eric Schneiderman:

“Cell phones are no longer a luxury for a few among us, but a basic necessity. The last thing New Yorkers need during these difficult economic times is to see cell phone prices rise,” said Schneiderman. “Affordable wireless service and technology, including smart phones and next generation handheld devices, are the bridge to the digital broadband future. We want to ensure all New Yorkers benefit from these important innovations that improve lives.”

Attorney General Schneiderman stressed that some market conditions may differ across the state and highlighted the potential impact of the merger in areas like Rochester, Albany, Buffalo and Syracuse, where there are already fewer wireless options. He is also concerned about the impact on consumers throughout the state, where T-Mobile is a low-cost option.

Time Warner Cable will acquire cable systems in western Tennessee and Kentucky owned by NewWave Communications for $260 million in cash, the company announced this morning.

Some 70,000 subscribers are affected by the sale, expected to close in the fourth quarter of this year.  It marks Time Warner’s first entry into the state of Tennessee, currently dominated by Comcast and Charter Cable.  In Kentucky, Time Warner already serves around 100,000 customers.

The transaction will make NewWave Communications, already a tiny cable operator, even smaller as it plans to continue serving 80,000 customers in Arkansas, Illinois, Missouri, and South Carolina and those formerly served by Avenue Broadband in Indiana and Illinois.

Time Warner’s cash deal increases speculation the company also remains interested in acquiring Insight Communications, another cable operator up for sale with systems in the same region served by NewWave.  Time Warner Cable favors large regional operations serving contiguous territories.  But if a bidding war erupts, CEO Glenn Britt has warned the company won’t pay a premium price for mergers and acquisitions.

NewWave’s subscribers have been through a lot in the last decade.  Many were originally served by aging cable systems owned and operated by Charter Cable, who sold them to NewWave with mixed results.  NewWave’s public image is tarnished to some degree by some of its vocal, disaffected customers.  The company endures a “NewWave Communications Sucks” Facebook page and blog posts like, New Wave Communications: The Worst ISP in America.  The most frequent complaints: poor service and oversold broadband slowing down in the evenings.

Competition for NewWave is primarily from the phone companies, often AT&T and Frontier Communications.

The thin horizontal line found in this chart represents the rate of inflation. The individual bars show just how high Tennessee cable operators raised their rates from 1986-1989, when deregulation allowed them to charge "sky is the limit" prices. (click to enlarge)

On this Memorial Day, we thought it might be a good time to look back to years past when legislators were forced to deal with a deregulated cable industry that immediately went on a rate hike spree that was unprecedented even for oil companies.

In 1984, cable television companies won the right of complete rate deregulation, arguing government involvement in the cable business was retarding investment, harming innovation, and killing jobs.  By keeping the cable industry free of government regulation, the industry promised improved service, more innovation, and even the potential for more competition.  The importance of this drive to deregulation was underlined with a flood of campaign contributions from some of the biggest players in the industry.

In the mid-1980s, that lineup included the National Cable Television Association (NCTA), the cable industry lobbying group led by James Mooney.  Tele-Communications, Inc. (TCI)’s John Malone — dubbed Darth Vadar of a Cable Cosa Nostra by then Sen. Albert Gore, Jr., and an assortment of cable industry executives from companies like Warner-Amex, Sammons Cable, Cablevision, and a variety of other operators large and small.

TCI would later become AT&T Cable and then eventually evolve into today’s Comcast.  Warner-Amex is today Time Warner Cable.  Sammons joined dozens of other medium-sized multiple cable system operators in selling out to larger players — in this case TCI.  Cablevision sold off most of its systems outside of the metropolitan New York City region to companies like Time Warner Cable.

After winning near-complete deregulation, Americans saw the start of a relentless series of rate increases Tony Soprano would not have attempted.  Called “price adjustments” or a benign “pricing reset” by cable lobbyists, what used to be an average rate for basic cable amounting to just over $11 per month rapidly increased to $16, $19, $25, $29, $35, $45, $50, $55, and now today’s frequently seen $60 threshold for a basic cable package.

What used to be an exciting new product in the late 1970s and early 1980s was now rapidly becoming a highly consolidated handful of corporate empires that promised to be money machines for shareholders.  At one point, adding up the number of corporate entities that were parented under TCI, including local and regional cable systems, programming distributors, cable networks, and other entities generated a printout more than six feet in length.

The mid-to-late 1980s were the cable industry’s glory years, with unfettered rate increases sometimes resulting in more than doubling customer bills.  Members of Congress got an earful from irate consumers who noticed even with the higher prices, the quality of service received deteriorated markedly.  Many cable systems simply left an answering machine on their service and support line.  Others left local cable offices locked and closed for business.

There were many reasons for the deterioration:

• Investors saw the best possible returns buying and selling existing cable systems, not investing -in- them;
• Some cable systems changed hands 3-4 times in just a few years, leading to staffing shortages, billing chaos, and confusion;
• Some small operators saw no need to invest in aging cable systems when their value was skyrocketing during the consolidation era.  They waited for a buyout offer and cashed out of the business;
• There was no enforcement agency capable of stopping the abusive business practices;
• There was almost no competition.

Before becoming part of the Comcast empire, Tele-Communications, Inc. (TCI) was the nation's largest cable operator. Later known as AT&T Cable, the company was eventually sold to Comcast.

Competition in the cable industry was a rarity in the 1980s, but a handful of communities did have more than one cable operator, with lower rates and better service the result.  But pressure from investors forced most of these competitive anomalies to either divide into respective monopoly service territories, or forced one company to sell their business to the other.  Competition and rate wars were bad for business.

The satellite dish industry was the only national competitor to cable television at this time.  Before DirecTV and DISH, rural and suburban homeowners erected often enormous backyard satellite dishes of up to 12 feet in diameter.  Capable of receiving hundreds of channels with better picture quality, home satellite offered an experience somewhat familiar to those with large rooftop antennas.  Rotate the dish slightly and enjoy two dozen or more channels on each respective satellite.  More than three million Americans eventually installed satellite dishes, even with the entry cost of installation and assembly, which could run several thousand dollars.  For rural Americans, it often meant the difference between some television and none at all.

Never tolerant of competition, the satellite industry came under a withering attack on all fronts:

• Cable programming was scrambled and either unavailable to satellite dishowners at any price, or sold at prices similar to what cable subscribers would pay, even though home dishowners owned and maintained their own equipment;
• Most cable networks at that time were either owned outright or tacitly subject to cable industry pressure not to sell programming at steep discounts;
• Premium cable channels often sold programming to satellite dishowners at prices higher than those paid by cable subscribers;
• Home dishowners were required to purchase their own decoder box outright, at a cost exceeding $300 — an enormous price at a time when most people paid less than $20 a month for basic cable service;
• Cable companies encouraged or defended town zoning laws which required would-be dishowners to purchase expensive permits, hide their dishes from view (and sometimes viewable signals in the process), or ban their use outright;
• In the case of networks owned by TCI, consumers with satellite dishes often had to buy the programming from their nearest TCI cable system and be billed by them.  So much for avoiding the cable company.

Then-Sen. Albert Gore, Jr. (D-Tenn.) got into the fight against unregulated cable when cable rates in his home state of Tennessee more than doubled.

The worst abuses, and corresponding distortions from the cable industry, occurred from 1987-1992.  More than a dozen pieces of legislation attempted to correct the over-deregulation of the industry, but campaign contributions to both parties meant years of failed attempts.  Some of the worst anti-consumer officials included Sen. Tim Wirth (D-Colorado) who happened to represent the state where the vast majority of large cable companies were headquartered at that time, Sen. Daniel Inouye (D-Hawaii), who read industry talking points and was skeptical about stories of cable abuse, and Sens. Bob Packwood (R-Washington) and Bob Dole (R-Kansas) who didn’t like government regulation and thought the abuses would be self-correcting if consumers cancelled service.

Many of the heroes of the cable fight of the last generation remain familiar names.  Sen. Albert Gore, Jr. (D-Tennessee) was perhaps the industry’s greatest foe.  He began the fight as a congressman in the mid-1980s and carried the battle all the way through 1993, when he became vice president under the Clinton Administration.  Other notables included Sen. Wendell Ford (D-Kentucky), who is a far cry from today’s two senators in Kentucky.  Ford heard complaints about Kentucky cable companies almost daily.  Sen. Howard Metzenbaum (D-Ohio), who wasted no time calling the cable industry an outrageous unregulated monopoly. Sen. John Danforth (R-Missouri) railed against the cable industry and was instrumental in helping pass legislation in 1992 that finally ended the worst abuses.

What the cable industry promoted and defended in 1987 for cable television will haunt you when you consider they are appealing for the same types of “hands-off” policies for broadband today.  Only now they are joined by the nation’s largest phone companies.  In the early 1990s, the telephone companies were threatening to compete with the cable industry and the two were considered foes.  But once an industry player becomes well-established, they defend their right to raise rates, restrict service, and retard any additional competition.

To give you a taste of what the abuses were like, and the industry’s efforts to excuse them, we present coverage of a Senate hearing held in November, 1989 pitting cable industry titans against would-be competitors and government officials from towns and cities trying to deal with a cable “bad actor” in their midst.  Some of the most interesting parallels come in the very last video as you watch Chuck Dawson, representing consumers and independent satellite dealers, detailing the schemes by the cable industry to kill off any threats.  Pay particular attention as he discusses the lies the industry will tell to predict the imminent failure of its then-newest competitor — the home satellite dish industry.  It’s a game plan they’ve used again fighting off community broadband.

Charter Cable, one of America’s worst-rated cable companies, wants out of greater Los Angeles.  Its cable system, serving parts of LA, has been rumored for sale for years.  Now the cable company has gotten serious, hiring Goldman Sachs and Citibank to run an auction to sell off the system.

The most logical buyer, Time Warner Cable, has been engaged in on-again, off-again talks with Charter about Los Angeles for sometime, according to several sources in the cable investment community.  Charter proposed a swap, trading its Los Angeles system to Time Warner if they could acquire Time Warner’s subscribers in Wisconsin.

Time Warner Cable currently serves 560,000 subscribers in Green Bay, Milwaukee and Appleton.  Charter serves much of the rest of the state.  Thankfully for many Wisconsin customers, Time Warner Cable told Charter they were not interested.  Time Warner gets significantly higher customer ratings than Charter does.

Now that Goldman Sachs and Citibank will be running an auction, Time Warner Cable could still ultimately acquire the Charter systems in Los Angeles, if they are willing to pony up an estimated $2 billion asking price.  If Time Warner won’t bid that high, speculation is that Comcast, Cox, or Cablevision will.

A surprise bonus for buyers are rumors Charter will throw in its cable system in Fort Worth, Tex.  That move would also seem to benefit a Time Warner Cable takeover, considering the nation’s second largest cable operator already has an enormous presence in the Dallas/Fort Worth Metroplex.  But Multichannel News points out that part of Texas brings bad memories for Time Warner, when it had to effectively commit to an expensive rebuild of the nearby ailing system acquired from bankrupt Adelphia Cable in 2006.

Time Warner Cable is still rumored to be the logical buyer of Insight Cable’s systems, also for sale, in Indiana, Kentucky, and Ohio, although the cable company is still balking at an asking price of up to $4 billion.

In the 1980s and early 90s, independent cable companies were hot properties for speculators and investors looking to buy low and sell high.  But as the marketplace has become increasingly concentrated, the days of flipping cable companies for big profits are long gone.

But a few independent holdouts remain.  Bresnan Communications, the 17th largest cable company was sold last year to Cablevision Industries (8th largest).  Now Insight Communications, the 9th largest operator, is up for sale by its private equity owners Carlyle Group, MidOcean Partners and Crestview Partners.

Insight serves just over 760,000 customers in Kentucky, Indiana and Ohio.  Originally, the company operated as Insight Midwest, a partnership between co-owners Comcast and Insight.  When the partnership between the two companies ended, Comcast took most of Insight’s customers in Indiana and Illinois and converted them to Comcast service.  The remainder have been served by Insight.

The deal to sell Insight is being managed by Bank of America-Merrill Lynch and UBS AG and is being pitched to much larger cable operators with a price tag of $3.5 billion to $4 billion.

That’s too rich for Time Warner Cable’s blood.  The nation’s second largest cable operator was interested in acquiring Insight, but not at those prices.  Another potential buyer could be Comcast, which has a significant part of the midwestern market, especially in Illinois.

Insight has been on the sales block before — the last time in 2007 when Carlyle Group found no buyer interested in the systems at their asking price.

Bill Shock

Time Warner Cable has redefined bill shock for two of their customers this week as an Ohio man found the cable company trying to bill his credit card $16 million dollars and the Madison County, Ky., Board of Education found their broadband rate going up as much as 1,568 percent.

One of these was a mistake, the other represents a potential nightmare.

Lt. Daniel DeVirgilio received notification from Time Warner Cable his credit card didn’t have a big enough credit limit to sustain the $16,409,107 in charges the cable company tried to get authorized.  The Beavercreek, Ohio resident was taking the billing foul-up in stride, joking with the Dayton Daily News that he probably should have gotten Showtime thrown in at those prices.

Time Warner Cable Southwest Ohio officials on Thursday attributed the $16.4 million figure to human error, according to the newspaper. An employee typed in the wrong number for the amount owed, which caused the company’s automated system to generate the letter.

Unfortunately for DeVirgilio, Time Warner left him on hold for nearly 40 minutes trying to straighten out the billing mess.  No harm was ultimately done to his credit card, but the 26 year old remains concerned Time Warner could have reported the “delinquent” charge to credit reporting agencies.

Madison County, Ky.

The relatively painless resolution DeVirgilio got in Ohio is unlikely to repeated for school officials in Kentucky, reeling from news Time Warner Cable is demanding an enormous rate increase for Madison County Schools’ fiber optic-based broadband network.

The Richmond Register reports local officials were stunned when the cable operator refused to renew their existing contract, which provides service at a cost of $32,000 a year to county residents.  The cable operator instead announced it wanted the school system to pay at least 500 percent more to continue the same level of service in 2011 and beyond: $168,000 a year for county taxpayers with a five year term commitment.

School officials discovered Time Warner Cable was the only provider in the region capable of delivering the type of service the school system requires, and that has given the cable company a safe position to raise prices — dramatically.

Even worse, the Kentucky Department of Education informed the district it could not agree to a five year term even if it wanted to.  Year-by-year service was the only way forward, according to county officials.

In response, Time Warner jacked up the price again — this time by 1,568 percent, potentially costing Madison County taxpayers a whopping $504,000 annually.  Telephone ratepayers will also deliver a piece of their monthly phone bill to the cable operator from Universal Service Funds that will be diverted to cover at least another $750,000 in fees sought for an annual contract.

“It’s been a very frustrating situation from the beginning,” Superintendent Tommy Floyd told the newspaper. “This makes it very difficult for us to continue our ongoing commitment to serve children. I’m going to continue on behalf of Madison County Schools to find the lowest cost provider of services.”

Time Warner also knows time is running out for the school district.  The county must sign a new contract by June 30th or lose its fiber network.  That could be a disaster for the school district.

“We use [the network] all day long in each of our buildings,” Floyd said.

State officials wrote a letter to Time Warner Cable demanding an explanation for the rate increase and stating it was unacceptable.

The state and school officials are still waiting for a response from the cable company, which so far has yet to respond.

[Updated 11:30am ET:  Stop the Cap! received a response yesterday afternoon from Cynthia Godby, Communications Manager for Time Warner Cable in Cincinnati.  In the cause of fairness, and with her permission, we are including her response in full, below:]

A telecom industry mouthpiece claims candidates lost at the ballot box because of Net Neutrality.

Scott Cleland, a paid mouthpiece for the nation’s Big Telecom companies, claimed last week’s election results were a national referendum on Net Neutrality broadband reform, and Americans ran to the polls to defeat it.

“So the best available national proxy vote gauging political support for [that] vision of net neutrality lost unanimously 95-0,” Cleland said, referring to 95 Democratic candidates who pledged to “protect network neutrality,” all of whom lost.

Cleland, who chairs the cable and phone company-financed “Netcompetition.org” website, thinks Americans hurried to polls to deliver a message against broadband reform policies at a time when the country continues to face nearly 10 percent unemployment, tight credit, poor housing values, concerns about government spending, and a continued sour outlook things will improve anytime soon.

The Net Neutrality pledge came from the Progressive Change Campaign Committee (PCCC), a liberal group trying to elect like-minded legislators to office in a year that saw major losses for Democrats, especially in the House.  The 95 signers were mostly candidates challenging open or Republican seats, often in conservative districts.

Take Ann Kuster, who sought office in New Hampshire’s conservative 2nd district.  Won by Democrat Paul Hodes in the Democratic “wave election” of 2006, Hodes relinquished the long-standing Republican seat to run for Senate (and lost).  His immediate predecessor, Charlie Bass, a “Republican Revolution” victor swept into office in 1994, held the seat for a dozen years.  Bass ran to reclaim his old seat against newcomer Kuster, who faced considerable criticism in the Democratic primary for her lobbyist ties to Big Pharma.  Despite Kuster’s alienation of the Democratic party base because of her prior career lobbying against drug pricing reform, she lost the election last week by just a single point.

One issue definitely not in contention in the 2010 election in New Hampshire’s Second District was… Net Neutrality.  In fact, the last time the issue flared up in a significant way in western New Hampshire was in 2006, when Bass was criticized for his pro-telecom industry views opposing the broadband reform policy.

Charlie Bass recaptures his seat in Congress

Bass did not even make Net Neutrality an issue this year.  Even Kuster gave short shrift to the issue on her campaign website, putting her telecommunications policy views at the bottom of a list that emphasized jobs, the economy, foreign policy, and health care.

PCCC co-founder Adam Green noted Cleland’s political allies, including Bass, kept their mouths shut about the issue during this year’s elections.

“The only significant thing about Net Neutrality in 2010 is that 95 Democratic challengers felt confident enough to actively tell voters they support this pro-consumer position,” Green observed.  “Zero candidates across the country felt confident enough to actively tell voters they opposed Net Neutrality for the obvious reason that opposing the free and open Internet would be a ridiculously stupid political move.”

Net Neutrality is still an obscure topic for many broadband users, unaware of its meaning or the implications of having net protections swept away by broadband providers intent on boosting profits.

One thing is certain — as a result of last week’s elections, Republicans in the House and Senate, who have almost universally opposed against Net Neutrality, will almost certainly be able to block legislative efforts to enact such reforms into law for the next two years.

Telecom-focused Heavyweight Faces Surprising Loss

Boucher

In the House, the surprising loss of Rep. Rick Boucher (D-Va.) in last week’s election will have a major impact on telecommunications policies.  Boucher, first elected in 1982, is a veteran of battles between consumer groups and big cable and phone companies.  Boucher championed home satellite dish-owner rights at a time when major cable companies were attempting to lock down competition from 10-12 foot backyard satellite dishes. Boucher also fought for net privacy regulations, rural telecommunications services, and supported broadband expansion.  His loss means uncertainty for telecommunications policy, as he gives up his leadership of the House Communications, Technology and the Internet Subcommittee.

“I was saddened to learn of the electoral loss of Representative Rick Boucher in the House,” Federal Communications Commission member Michael Copps said in a statement praising Boucher for nearly three decades of public service. “He has been an extraordinary public servant and a great leader across the whole gamut of telecommunications issues.  His dedication to broadband, his leadership to reform Universal Service to make sure the wonders of advanced telecommunications are available to all our citizens, and his uncommon ability to bring contesting parties to the table to forge workable compromises are the stuff of legend.”

Virginia's largely rural 9th District encompasses the western third of the state

Boucher’s loss could have dramatically negative results on rural Americans with respect to telecommunications services.  Boucher advocated heavily for the telecommunications challenges faced in rural areas like his own 9th District, located in western Virginia bordered by West Virginia, Kentucky, North Carolina, and Tennessee.  Inside his district, broadband service has been challenging to provide in many areas.  The city of Bristol decided to build its own broadband service, a fiber to the home network constructed by Bristol Virginia Utilities.  The network has been so successful, the southern half of the city — actually located in Tennessee — is following Virginia’s lead.  Boucher was a strong advocate for such community networks.

Boucher’s replacement is expected to be either Rep. Anna Eshoo (D-Calif.) or Ed Markey (D-Mass.), both of whom serve more urban districts.

But did Boucher go down because of his strong advocacy of Net Neutrality?  Not even close.  The Bristol Herald Courier reports just one issue was almost certainly responsible for Boucher’s loss: Cap and Trade, legislation that would regulate carbon dioxide by capping total emissions and allowing polluters to trade credits among themselves.  Boucher favored the policy, his opponent opposed it.

Back to the Future Under GOP Leadership

Republican tech policy, potentially under the leadership of congressmen like Rep. Cliff Stearns (R-Florida), is expected to be “Back to the Future,” a return to a more hands-off policy advocated under the former Bush Administration.

The result will be a tech agenda legislatively frozen in place.  Republicans will be unable to pass deregulation bills or block any surprise moves by the FCC to flex its regulatory muscles, thanks to Democrats in the White House and Senate.  Democrats will be unable to enact any broadband reform policies because of “majority-rules”-roadblocks in the Republican-controlled House.  The FCC, already frightened by Congressional dissent, may be less willing than ever to declare a firm position… on anything.  That’s particularly likely with issues considered “hot buttons” on Capitol Hill.

Republicans may even seek to end spending on broadband expansion and other publicly funded projects, assuming there are any funds yet to be allocated.  It is much easier to block annual re-authorizations than to cancel funding already appropriated.

New Consumer Champion Emerging in Senate from Connecticut?

Richard Blumenthal: New consumer champion?

One potential piece of good news for pro-consumer forces is the election of Sen. Richard Blumenthal, the former state attorney general.  Blumenthal’s highly aggressive investigations into wrongdoing by technology firms are likely to continue in his new role as Connecticut’s newest Democratic senator.  Blumenthal has taken aim at privacy violations at Google and prostitution advertising on Craigslist in the past, and his interest in telecommunications consumer protection could be a big help.

For issues like Net Neutrality, all eyes are turning back to FCC Chairman Julius Genachowski, perhaps the only man in Washington with the power to deliver a free and open Internet for at least the next two years.  Will he act?

Verizon hopes to herd its smartphone owners onto limited use data plans on its new LTE high speed network

Verizon this week unveiled a list of 38 major cities where the company’s much-faster LTE wireless broadband service will launch by year’s end.  Dubbed by some as the “list of cities with NFL franchises,” Verizon’s choices delighted some, but puzzled others.

But before the celebrations get out of hand, incoming Verizon CEO Lowell McAdam warned customers need to prepare themselves, and their wallets, for major price changes.

Specifically, the company intends to treat its new 4G network, with top speeds of 5-12Mbps downstream and 2-5Mbps upstream, as a premium product with a premium price.  It comes complete with a classic Internet Overcharging scheme.

“We think there’s a place for unlimited plans,” McAdam announced, “but we think that over time, because we have finite resources, our customers are going to have to shift to a pay-as-you-use model. I would say that clearly over time we will be migrating to a bucket-of-megabytes” price schedule.

Verizon’s finite resources are more infinite than those of its customers, however.

Much like its partner-in-pricing – AT&T, Verizon is preparing to ditch its unlimited data plan for smartphone customers.  Despite the fact its new LTE network will offer a more efficient network experience for both Verizon and its customers, the nation’s largest wireless carrier wants limits on how much data customers can exchange over their new network, with overlimit fees for those who use too much.

Exact pricing has yet to be announced.

Amidst the flurry of excitement over McAdam’s appearance at the San Francisco wireless industry conference, yet more rumors of the forthcoming arrival of a Verizon iPhone also made headlines.  Apple is reportedly releasing a CDMA version of its popular phone soon, and despite the fact there are other CDMA networks in the world, reporters presumed it must be intended for the American market.

After the press conference, the list of cities to get Verizon’s new LTE network became a hot topic for debate.  In western New York, only Rochester made the cut.  For residents in Buffalo, who would like to remind Verizon they have an NFL team, the slight did not go unnoticed.  It made news on the city’s most watched nightly local newscast.

But those of us in Rochester remind our friends in the Queen City they have Verizon FiOS while we are stuck in a broadband backwater with Frontier Communications.  (Besides, the Buffalo Bills training camp is in Rochester.)  The broadband gap between the two cities could have made Rochester a ripe target for Verizon, assuming customers can afford the price of the service plan.

Folks in Austin noted they are not on Verizon’s list either, despite the Texas city’s high-tech-embracing reputation.  Houston, the Dallas-Ft. Worth Metroplex, and San Antonio did make the list.  But fear not Austin, you will be able to use LTE at the Austin-Bergstrom International Airport.

For existing Verizon customers in the chosen places, the imminent arrival of 4G may stall customers from upgrading phones until new LTE-capable models arrive in time for the holidays.  But the Data Grinch That Stole Flat Rate Wireless may still be confounded by the number of customers who let their contracts expire and stick with their existing phones, refusing to expose themselves to mandatory, overpriced data plans.

Verizon Wireless 4G LTE Initial Major Metropolitan Area Deployment

Akron, Ohio
Athens, Georgia
Atlanta, Georgia
Baltimore, Maryland
Boston, Massachusetts
Charlotte, North Carolina
Chicago, Illinois
Cincinnati, Ohio
Cleveland, Ohio
Columbus, Ohio
Dallas-Fort Worth Metroplex, Dallas, Texas
Denver, Colorado
Fort Lauderdale, Florida
Houston, Texas
Jacksonville, Florida
Las Vegas, Nevada
Los Angeles, California
Miami, Florida
Minneapolis/Saint Paul, Minnesota
Nashville, Tennessee
New Orleans, Louisiana
New York, New York
Oakland, California
Oklahoma City, Oklahoma
Orlando, Florida
Philadelphia, Pennsylvania
Phoenix, Arizona
Pittsburgh, Pennsylvania
Rochester, New York
San Antonio, Texas
San Diego, California
San Francisco, California
San Jose, California
Seattle/Tacoma, Washington
St. Louis, Missouri
Tampa, Florida
Washington, D.C.
West Lafayette, Indiana
West Palm Beach, Florida

Verizon Wireless 4G LTE Initial Commercial Airport Deployment (Airport Name, City, State)

Austin-Bergstrom International, Austin, Texas
Baltimore/Washington International Thurgood Marshal, Glen Burnie, Maryland
Bob Hope, Burbank, California
Boeing Field/King County International, Seattle, Washington
Charlotte/Douglas International, Charlotte, North Carolina
Chicago Midway International, Chicago, Illinois
Chicago O’Hare International, Chicago, Illinois
Cincinnati/Northern Kentucky International, Covington, Kentucky
Cleveland-Hopkins International, Cleveland, Ohio
Dallas Love Field, Dallas, Texas
Dallas/Fort Worth International, Fort Worth, Texas
Denver International, Denver, Colorado
Fort Lauderdale/Hollywood International, Fort Lauderdale, Florida
George Bush Intercontinental/Houston, Houston, Texas
Greater Rochester International, Rochester, New York
Hartsfield-Jackson Atlanta International, Atlanta, Georgia
Honolulu International, Honolulu, Hawaii
Jacksonville International, Jacksonville, Florida
John F. Kennedy International, New York, New York
John Wayne Airport-Orange County, Santa Ana, California
Kansas City International, Kansas City, Missouri
La Guardia, New York, New York
Lambert-St. Louis International, St. Louis, Missouri
Laurence G. Hanscom Field, Bedford, Massachusetts
Long Beach/Daugherty Field, Long Beach, California
Los Angeles International, Los Angeles, California
Louis Armstrong New Orleans International, Metairie, Louisiana
McCarran International, Las Vegas, Nevada
Memphis International, Memphis, Tennessee
Metropolitan Oakland International, Oakland, California
Miami International, Miami, Florida
Minneapolis-St. Paul International/Wold-Chamberlain, Minneapolis, Minnesota
Nashville International, Nashville, Tennessee
New Castle, Wilmington, Delaware
Newark Liberty International, Newark, New Jersey
Norman Y. Mineta San Jose International, San Jose, California
North Las Vegas, Las Vegas, Nevada
Orlando International, Orlando, Florida
Orlando Sanford International, Sanford, Florida
Palm Beach International, West Palm Beach, Florida
Philadelphia International, Philadelphia, Pennsylvania
Phoenix Sky Harbor International, Phoenix, Arizona
Phoenix-Mesa Gateway, Mesa, Arizona
Pittsburgh International, Pittsburgh, Pennsylvania
Port Columbus International, Columbus, Ohio
Portland International, Portland, Oregon
Rickenbacker International, Columbus, Ohio
Ronald Reagan Washington National, Arlington, Virginia
Sacramento International, Sacramento, California
Salt Lake City International, Salt Lake City, Utah
San Antonio International, San Antonio, Texas
San Diego International, San Diego, California
San Francisco International, San Francisco, California
Seattle-Tacoma International, Seattle, Washington
St. Augustine, Saint Augustine, Florida
St. Petersburg-Clearwater International, Clearwater, Florida
Tampa International, Tampa, Florida
Teterboro, Teterboro, New Jersey
Trenton Mercer, Trenton, New Jersey
Washington Dulles International, Dulles International Airport, Washington, D.C.
Will Rogers World, Oklahoma City, Oklahoma
William P. Hobby, Houston, Texas

Verizon Wireless’ announced LTE network was a common topic on local newscasts in several cities. We include WIVB-TV in Buffalo, noting that city didn’t make the cut, WCVB-TV in Boston which spent plenty of time on the resurgence of the rumored Verizon iPhone, WLFI-TV in West Lafayette, Indiana which discussed the network’s implications for Purdue University students, and a promotional video from Verizon itself interviewing visitors to a Boston pizzeria gushing over the speed of Verizon’s newest technology. (5 minutes)