One of the chairs of the North Carolina House Finance Committee abruptly resigned his chairmanship on the House floor Wednesday, submitting a letter read aloud in the chamber that accused fellow Republican House Speaker Thom Tillis (R-Mecklenburg) of having an unexplained business relationship with Time Warner Cable.

Rep. Robert Brawley (R-Iredell) wrote Tillis burst into his office demanding to know about a bill Brawley introduced that would have weakened the 2011 law Tillis strongly supported that severely restricted publicly owned broadband networks in the state.

“You slamming my office door shut, standing in front of me and stating that you have a business relationship with Time Warner and wanting to know what the bill was about,” Brawley wrote in his resignation letter. “You and I both know the bill stifles the competition with MI Connections in Mooresville. MI Connections is being operated just as any other free enterprise system and should be allowed to do so without the restrictions placed on them by the proponents of Time Warner.”

Tillis’ office described the resignation of Brawley’s chairmanship as “a mutual decision.”

Tillis was honored in 2011 as ALEC’s “Legislator of the Year” and received an undisclosed cash reward. Time Warner Cable is a corporate member of ALEC.

House Bill 557, introduced by Brawley, would have permitted an exception under state law for the community-owned MI Connection cable system to expand its area of service to include economic development sites, public safety facilities, governmental facilities, and schools and colleges located in and near the city of Statesville. It would also allow the provider to extend service based on the approval of the Board of County Commissioners and, with respect to schools, the Iredell County School Board.

The bill died in the Committee on Government earlier this month.

MI Connection is the publicly owned and operated cable and Internet system serving the towns of Mooresville, Davidson and Cornelius in the counties of Mecklenburg and Iredell. It was originally a former Adelphia-owned cable system that fell into disrepair before it was sold in a bankruptcy proceeding. MI Connection has proved financially challenging to the local communities it serves because the antiquated cable system required significant and costly upgrades, faces fierce competition from AT&T and Time Warner Cable, and lacks the technological advantage fiber to the home offers other public networks like Greenlight in Wilson and Fibrant in Salisbury. Despite the challenges, MI Connection has successfully upgraded its broadband infrastructure with the fastest speeds available in the area — up to 60/10Mbps.

Tillis helped shepherd into law the 2011 bill that Time Warner Cable helped write and sponsor designed to stop public networks like MI Connection from expanding and new public networks ever seeing the light of day. The legislation places strict limits on public broadband network deployment and financing. The bill Brawley introduced would have chipped away at the law’s limits on network expansion. Brawley’s letter suggests Tillis had direct involvement stopping his bill from getting further consideration.

Brawley

Both Brawley and Tillis represent portions of the MI Connection service area.

Time Warner Cable has a long history pushing for community broadband bans in North Carolina, but the bills never became law when the legislature was still in the hands of Democrats. But in late 2010, Republicans took control of the state house for the first time in more than a century. Time Warner Cable’s fortunes brightened considerably under Republicans like Rep. Marilyn Avila (R-Wake). Avila willingly met with Time Warner Cable’s top lobbyist to coordinate movement on the community broadband ban legislation she introduced and after it became law was honored by the state cable lobby at a retreat in Asheville.

Tillis, who became speaker of the house in 2011 under the new GOP majority, received $37,000 in telecom contributions in 2010–2011 (despite running unopposed in 2010), which is more than any other state lawmaker and significantly more than the $4,250 he received 2006–2008 combined. AT&T, Time Warner Cable, and Verizon each gave Tillis $1,000 in early-mid January, just before he was sworn in as speaker on January 26. Tillis was in a key position to make sure the anti-competitive bill moved along the legislative pipeline.

Last summer, Time Warner Cable returned the favor inviting Tillis to serve a prominent role at a media event inaugurating its Wi-Fi network in time for last year’s Democratic National Convention, held at the Time Warner Cable Arena.

Despite all that, newspapers in the state are having trouble determining exactly what ties Tillis has to Time Warner Cable. The Raleigh News & Observer noted, “It’s unclear what relationship Tillis might have to Time Warner. His financial disclosure lists no connection.”

The Greensboro News & Record published a non-denial denial from Tillis spokesman Jordan Shaw: “Shaw said he doesn’t know of any business relationship between Tillis and Time Warner.” The paper added, “a regional Time-Warner spokesman said Tillis has no ties to the company.”

“Not knowing” is not a total denial and a legislator need not have direct ties to a company to be influenced by their agenda through lobbyists like the North Carolina Cable Telecommunications Association, the statewide cable trade association that includes Time Warner Cable as its largest member. Then there are third-party groups.

A May 7 editorial in the News & Observer pointed out Tillis does have close ties to the American Legislative Exchange Council (ALEC), a group financed in part by Time Warner Cable and cited by CEO Glenn Britt as a useful asset to the cable operator because it was ”particularly focused on telecom matters.” The commentary, “ALEC’s Guy is Thom Tillis,” reminded readers Tillis wasn’t just a casual member of the corporate-funded group, he’s a national board member. In fact, Stop the Cap! has learned he was ALEC’s 2011 Legislator of the Year. On hand at the 2011 New Orleans ALEC event to applaud Tillis were more than two dozen fellow North Carolina Republican legislators, including Reps. Marilyn Avila and Julia Howard.

Among the model, corporate ghost-written bills ALEC maintains in its extensive database is one that restricts or bans publicly owned broadband networks, similar to what passed in North Carolina in 2011.

The fortunes of ALEC (and the corporations that underwrite its operations) have continued to improve in North Carolina this year. The News & Observer notes:

ALEC, as it’s known, has provided language for bills that [have been] used this session in North Carolina, ranging from creating an independent board to take charter school governance away from the State Board of Education to protecting a Philadelphia-based company from lawsuits involving asbestos exposure to installing an anti-union amendment in the state constitution. Closer to home, the Civitas Institute, a conservative group, used ALEC literature in an indoctrination…er, training…session for freshman lawmakers.

“I wish you’d turn the camera off now because I am going to get up and leave if you don’t,” said Rep. Julia Howard

Uncovering the corporate influence and pay to play politics pervasive in North Carolina’s legislature on broadband matters has proved historically scandalous for members and ex-members alike, as Stop the Cap! has reported for more than four years:

• In 2009, Rep. Ty Harrell (D-Wake) ran away from his own bill to ban community broadband after he admitted he ran into a hornet’s nest of controversy over the legislation, which was introduced because Time Warner approached him and asked for it. Later that same year he ran into another hornet’s nest over allegations of misused campaign funds and resigned his office;
• In 2010, Sen. David Hoyle admitted he introduced a community broadband ban in the North Carolina Senate that the cable industry wrote with his help. When asked about criticism that he was “carrying water” for the cable companies, Hoyle replied, “I’ve carried more water than Gunga Din for the business community – the people who pay the taxes.” He decided not to run for re-election;
• In 2011, life became uncomfortable for Rep. Julia Howard (R-Davie, Iredell), who became so upset over scrutiny she received from Raleigh’s NBC affiliate over the bill to ban community broadband, she threatened to flee the interview if the cameras were not shut off.

Tillis is following in others’ footsteps and is suspected of having even bigger political ambitions for 2014 — challenging the U.S. Senate seat now held by Democrat Kay Hagan.

The News & Observer thinks Tillis is forgetting about the people who elected him to office:

For North Carolinians of any political philosophy, however, the larger concern here is that laws are being written by those outside the state with only an ideological interest. ALEC, except for advancing its agenda, likely could care less about issues specific to North Carolina, things of intense, day-to-day concern to North Carolinians.

And not only are bills being influenced by ALEC, the speaker of the House is on the group’s board.

Thom Tillis and his Republican mates on Jones Street weren’t elected to march to orders issued by some national organization. Perhaps if they kept their eyes and ears open for constituents, their legislative agenda might be more about them and less about doing ALEC’s bidding.

Brawley himself is not free from controversy. In addition to attending the aforementioned ALEC event in New Orleans with Tillis, Avila, and Howard, earlier this year Brawley introduced House Bill 640, legislation that would roll back ethics reforms and allow lobbyists to once again give gifts to state lawmakers without any public disclosure.

Brawley told WRAL-TV that required ethics classes on gifts and disclosure requirements ”are useless for anyone without internal ethics anyway. They only tell you the law. They do not guarantee integrity. What makes you think a person without ethics is going to obey a law anyway?”

The laws were enacted after a major 2006 scandal involving then-House Speaker Jim Black.

Corrections: In the original article, we mistakenly identified the News & Observer as a Charlotte newspaper. It is actually published in Raleigh. We also wrote that House Bill 557 died without being assigned to any committee for consideration. We received word the bill was actually referred to the Committee on Government on Apr. 4, 2013 where no further action was apparently taken. We regret the errors.

Other stories of interest:

1. Anti-Community Broadband N.C. State Rep. Marilyn Avila’s Fun Weekend in Asheville: Did You Pay?
2. Payoff: Big Telecom Cuts Big Checks to Legislators Who Outlawed N.C. Community Broadband
3. Time Warner Cable Introduces Wi-Fi Service in Charlotte, N.C.
4. ALEC Front Group Responds to Truth-telling About N.C. Broadband With Talking Points
5. North Carolina Call to Action: Call Your Legislators Now!

Greenlight, the broadband provider owned and operated by the city of Wilson, N.C. today announced that it will begin offering gigabit Internet connectivity services to its customers by this July.

“In January, the Federal Communications Commission issued a challenge to communities to provide gigabit service by 2015, and we’re proud to answer that challenge now. We are excited to launch our gigabit service and allow our customers to be the first in the state to experience such high speed Internet access,” said Will Aycock, general manager of Greenlight. “Ultra-high speed Internet will help position Wilson for the future and will provide our businesses and residents with the tools they need to succeed.”

In January, the Federal Communications Commission Chairman issued the “Gigabit City Challenge” which challenged providers to offer gigabit service in at least one community in each state by 2015. Gigabit services are approximately 100 times faster than average high-speed Internet connections.

Greenlight was formed in 2008 to offer an independent, locally owned and operated option for television, telephone and Internet broadband connectivity for Wilson residents. Since then, Greenlight has grown to offer services to more than 6,000 residential customers and businesses and the Wilson County School System. In addition, Greenlight provides free wireless Internet access throughout the downtown Wilson area.

The community-owned broadband provider far out-delivers broadband performance from competitors Time Warner Cable and AT&T. Neither the cable or telephone company was willing to upgrade service in Wilson so the city decided to launch its own public network and manage its broadband future itself.

Unfortunately, many cities in the Tar Heel State cannot follow Wilson’s lead. The state’s dominant commercial cable and phone companies lobbied the Republican-controlled legislature for legislation that makes it nearly impossible for other public broadband providers to emerge.

The gigabit option will become available this summer on the community’s fiber to the home network.

Other stories of interest:

1. Happy Rate Increase Tuesday: Time Warner Cable Back for More from North Carolinians
2. America’s Best Broadband Is Publicly Owned: See How It Transforms Chattanooga, Tenn.
3. Back to Kansas City: Google Fiber Now Going in the Ground; TV Service Also Announced
4. Leverett, Mass. Fed Up With Poor Broadband; Town Wants Its Own Gigabit Network
5. Chattanooga: America’s First Gig City Opens the Door to Innovation, Jobs With U.S. Ignite

To many, Provo, Utah might seem an unusual choice to follow on the heels of Google’s earlier announcement its gigabit fiber network was headed to Austin, Tex.

Provo is only the third largest community in Utah — Salt Lake City and West Valley City are bigger — and the community already has a fiber network called iProvo. So why build another one?

Google won’t have to.

But first some background:

iProvo was envisioned a decade ago as a public-private partnership — a fiber to the home network owned by the public with private service providers using it to sell broadband and other services . iProvo taught an early lesson about municipal broadband — large cable and phone companies routinely boycott participation in any network they do not own and control themselves.

In 2003, the president of Qwest’s Utah division made clear their intentions: “Fiber optic’s capabilities are way more than what most consumers need in their homes. Why provide a Rolls Royce when a Chevrolet will do?”

Comcast, the dominant local cable operator, also “went ballistic” according to former mayor Lewis Billings.

iProvo can be yours for just $1.

“One hired a PR firm and a telemarketing company to make calls to citizens,” Billings recalled. “They also placed full-page ads and ultimately hired people to picket City Hall. It was a bruising fight.  My favorite picket sign had a piece of telephone wire taped to it and read that I and one of my key staff members were, ‘a Twisted Pair.’”

With both Qwest and Comcast wanting nothing to do with the project, smaller independent ISPs had to fill the gap. It was a difficult sell, particularly because Qwest and Comcast blanketed Provo residents with a misinformation campaign about the network and pitched highly aggressive retention offers to keep customers with the phone and cable company. iProvo has been in financial distress ever since.

Former Provo city councilwoman Cynthia Dayton remembers being on the council when iProvo was approved and believes the public-private network was a decade before its time.

“Ten years ago it was worth the vote on iProvo,” she told the Daily Herald. It was one of the most difficult decisions but it was for the future.”

More than a year ago, Google noticed the city of Provo issued a request for proposals on what to ultimately do with iProvo.

Google became interested because Provo is seen as a city with hundreds of technology start-up companies and maintains a vibrant tech hub. The city also ranked highly for the enormous value it places on connectivity and community — something the approval and construction of iProvo demonstrated.

Why Provo? Google considers the city’s rankings. (1 minute)

City officials and Google executives began quietly talking more than a year ago about Google buying the public-private network. A key selling point: the city was willing to let the operation go for a steal — just $1.00. In return, Google promised to invest in and upgrade the network to reach the two-thirds of Provo homes it does not reach. Google says iProvo will need technology upgrades in the office, but the existing fiber strands already running throughout the city are service-ready today.

Val Hale, President of the Utah Valley Chamber of Commerce, said a quick “back of the envelope” estimate put Google’s anticipated investment in iProvo network upgrades at $18 million, according to the Deseret News. Unfortunately, taxpayers will still need to pay off about $40 million in bonds the city accumulated for iProvo’s initial construction costs.

Curtis

Current Mayor John Curtis says he has made the best out of a difficult situation.

“We have maximized what we have here today,” said Curtis. “It’s about maximizing what we have. I believe in the long-term it will pay dividends many times greater than what we paid into it, but it’s going to take a while to realize that dream.”

Google promised free gigabit Internet service to 25 local public institutions including schools, hospitals, and libraries. Residential customers will be expected to pay $70 a month for 1,000Mbps service or get 5Mbps broadband service for free up to seven years.

Google’s investment in Provo is anticipated to be far lower than in Austin and Kansas City — cities where it needs to build a considerable amount of fiber infrastructure from scratch. With existing fiber already in place in Provo, Google’s gigabit service will be available by the end of this year, at least six months faster than in Austin.

With reduced construction costs, Google will only ask new customers for a $30 activation fee, far less than the $300 Google will ask Austin and Kansas City residents to pay if they do not sign a multi-year service contract or only want basic 5Mbps service.

Google sees the opportunity to use its fiber network in an ongoing effort to embarrass other broadband providers into investing in speed upgrades.

KSL in Salt Lake City reports Google Fiber is coming to Provo. Last year Google began talking with the city to acquire its iProvo municipal fiber network.  (3 minutes)

KSTU in Salt Lake City reports taxpayers are still on the hook for around $40 million in bond payments to cover the construction costs of iProvo. But Google Fiber will stop other Internet providers from “cheating everyone” says one local Provo resident.  ”[Other ISPs] give you the slowest connection possible and charge you a ridiculous amount for it,” said Haley Cano. (4 minutes)

http://www.phillipdampier.com/video/KTVX Salt Lake City Google Fiber in Provo 4-17-13.mp4

KTVX in Salt Lake had some trouble navigating the difference between a gigabit and a gigabyte, and confused what Google services will be sold and which will be available for free in this report, but the ABC affiliate covered the unveiling with both city and Google company officials on hand.  (2 minutes)

http://www.phillipdampier.com/video/KTVX Salt Lake City Google Fiber Details in Provo 4-18-13.mp4

This morning, KTVX did a better job in this interview with the mayor of Provo and Google’s Matt Dunne, who says Google believes speed matters and current ISPs simply don’t offer enough.  A key factor to attract Google’s interest is a close working relationship with the cities that want the service. (2 minutes)

Other stories of interest:

1. Breaking News: Provo, Utah the Next City Slated for Gigabit Google Fiber
2. Back to Kansas City: Google Fiber Now Going in the Ground; TV Service Also Announced
3. Google Fiber Announces Next Gigabit Fiber City: Olathe, Kansas
4. Austin Media Gushing for Google Fiber
5. AT&T Diverts Salt Lake City 911 Calls to Seattle

Japan has leapfrogged over Google’s revolutionary 1Gbps broadband service with twice the speed for roughly $20 less a month.

Sony-owned So-net Entertainment on Monday introduced its 2Gbps optical fiber GPON service called NURO, charging as little as $51 a month for 2/1Gbps service.

“Light NURO is reasonably priced, very high-speed fiber to the home broadband that delivers the world’s fastest speeds on technology usually reserved for commercial service,” the company said.

NURO is available in Tokyo and six Kantō region prefectures, including Kanagawa, Chiba, Saitama, Gunma, Tochigi, and Ibaraki.

Customers agreeing to a two-year contract get the best prices and a waiver (in certain circumstances) of installation fees as high as $540. Customers wishing to avoid a term contract can sign up for around $77 a month.

Customers are supplied a wireless router with support for speeds up to 450Mbps backwards-compatible with all Wi-Fi wireless devices.

NURO also offers landline telephone service over the fiber network for $5.38 a month. The charge for local calls is $0.09 for each three minutes. Calls to the United States are even cheaper: $0.08 for each three minutes. (There are no government-mandated surcharges on international calls, which account for the lower prices.) Calls to Voice Over IP lines, including other So-net customers are free. Softbank mobile phones can also be free of charge with an add-on plan.

So-net has been providing broadband service in Japan since 1996 and is an aggressive user of optical fiber technology. The company says its new speeds may be even too fast for current wired home LAN technology, but claims faster broadband speeds also enable customers to share multiple devices within the home with absolutely no speed reductions from the shared connection.

So-net serves a densely populated region of Japan that consists of mostly multi-dwelling apartment units and condos and closely packed single family homes. It is not unusual for many urban Japanese homes to have almost no yard, with square lots accommodating a vehicle, storage shed, and little else. Wiring these densely populated communities helped Japan accelerate fiber deployment with more customers served per square kilometer than in countries like the United States or Canada.

So-net’s advertising campaign for its NURO fiber to the home service is opaque by western standards, avoiding details about the product, and is strangely presented in English. (2 minutes)

Other stories of interest:

1. Bailiwick of Jersey Residents Getting 1Gbps Broadband; Private Providers Want Less
2. Singapore Extends Fiber to the Home Across the Country – 1Gbps “A National Priority”
3. London Gets 1Gbps Fiber Broadband for $79.80 a Month
4. Google Launching Free 5/1Mbps Internet, 1Gbps Service for $70 a Month in Kansas City
5. Virgin Media Doubling Broadband Speeds for Free While Competitor Sky Unveils 100Gbps Internet for UK

On the heels of today’s announcement from Google that it intends to make Austin, Tex. the next home for Google Fiber, AT&T issued a press release claiming it was suddenly interested in building a gigabit fiber network in Austin too.

Today, AT&T announced that in conjunction with its previously announced Project VIP expansion of broadband access, it is prepared to build an advanced fiber optic infrastructure in Austin, Texas, capable of delivering speeds up to 1 gigabit per second.  AT&T’s expanded fiber plans in Austin anticipate it will be granted the same terms and conditions as Google on issues such as geographic scope of offerings, rights of way, permitting, state licenses and any investment incentives. This expanded investment is not expected to materially alter AT&T’s anticipated 2013 capital expenditures.

Currently, AT&T’s U-verse system in Austin — a fiber to the neighborhood system — cannot exceed 25Mbps as it is now configured. GigaOm’s Stacy Higginbotham reports AT&T told her it would build its own fiber to the premises system in Austin to support faster speeds.

But AT&T’s announcement does not come without plenty of wiggle room which could make today’s announcement little more than a publicity stunt:

1. AT&T claims it will build “infrastructure” capable of delivering “up to” 1Gbps. This could mean a network that supports a maximum of 1Gbps of shared Internet traffic, not 1Gbps to each home or business;
2. AT&T does not say it intends this network for residential customers, nor did it suggest a monthly price for gigabit service. Its Project VIP expansion describes planned broadband speed upgrades for residential U-verse customers of up to 75Mbps and for U-verse IPDSLAM to speeds of up to 45Mbps, not 1Gbps;
3. AT&T’s Project VIP already specifies fiber network build outs, but they are destined for cell towers, large business complexes, and multi-dwelling units that will share a fiber connection;
4. AT&T wants the same terms and conditions Google has received, including investment incentives. But AT&T could have applied for those incentives, and potentially could have already received them, if it specified plans for a gigabit network of its own. Instead, AT&T executives have always believed residential customers do not want or need gigabit broadband speeds. In fact, AT&T still doesn’t believe fiber to the home service makes economic sense, which is why it invested in a cheaper fiber to the neighborhood system that still relies on old copper wiring. AT&T also warns that, “Our potential capital investment will depend on the extent we can reach satisfactory agreements” with local officials on those incentives;
5. Wiring a city of Austin will cost tens of millions to reach every resident with service. Such an expense might be considered materially relevant to shareholders, requiring disclosure. Building a much lesser network, like a gigabit middle mile network or only offering fiber service to institutional or commercial customers would cost far less and could escape reporting requirements.

AT&T also did not miss an opportunity to promote its deregulatory agenda, which has so far not proved to be of much help to broadband speed enthusiasts stuck with DSL or U-verse.

“Most encouraging is the recognition by government officials that policies which eliminate unnecessary regulation, lower costs and speed infrastructure deployment, can be a meaningful catalyst to additional investment in advanced networks which drives employment and economic growth,” said Randall Stephenson, AT&T chairman and CEO.

AT&T’s agenda might result in a meaningful catalyst of a different kind — the end of rural landline telephone and broadband service.

Other stories of interest:

1. Austin Media Gushing for Google Fiber
2. Back to Kansas City: Google Fiber Now Going in the Ground; TV Service Also Announced
3. Bailiwick of Jersey Residents Getting 1Gbps Broadband; Private Providers Want Less
4. Multiple Sources Confirm Austin As Next Google Fiber City; Here Are Some Clues Why
5. Publicly Owned LUS Fiber Launching Gigabit Broadband for Lafayette, Louisiana

While large private corporations return profits to shareholders and avoid major infrastructure upgrades, publicly owned municipal providers are moving customers to carefully planned and budgeted fiber-to-the-home networks that offer service at speeds AT&T, the state’s largest telecom company, cannot touch.

This summer, Spencer, Iowa (pop. 11,200) is getting a fiber upgrade utility officials consider an investment in the community.

“Just like Internet service has evolved from dial-up to DSL and cable modem, fiber will give customers the next level of service to continue to improve the way they live, work and play here in Spencer,” Amanda Gloyd, Spencer Municipal Utilities marketing and community relations manager told The Daily Reporter.

SMU will spend $2 million to extend fiber service this year, decommissioning copper telephone wires and coaxial cable as it brings the new network online in different sections of the community.

“This will offer a lot more capacity than the old system with less shared,” Jeff Rezabek, SMU’s telecom manager told the newspaper. The project will create much-needed work for area contractors that will install the new fiber lines.

Customers are happy to learn the upgrade will not affect their rates, because SMU has been carefully setting aside money to pay for the project without burdening customers.

“This project is all paid for with cash in the bank,” said SMU general manager Steve Pick. “This is an investment in the system.”

Outside of Spencer, rural AT&T customers still cannot get DSL or U-verse service and are now at risk of losing their landlines as AT&T ponders taking down its wired network and forcing customers to more expensive wireless service.

The upgrades in Spencer will take several years to complete, as available funding allows. SMU is a municipally owned utility providing water, electricity, telephone, cable television, and broadband at speeds up to 100/10Mbps. The utility also resells T-Mobile wireless service.

Other stories of interest:

1. Indianola, Iowa Getting Community-Owned Fiber Service: 25/25Mbps as Low as $5/Month
2. Ontario County, N.Y. Fiber Provider Wants Every Resident to Have Fiber-to-the-Home Service
3. Washington Business Community Fed Up With Comcast/CenturyLink, Expands Community Fiber/Wireless
4. North Carolina Cable Company Believes in Fiber to the Home Service for Rural Customers
5. No Matter the Technology, Fiber to the Home is Better… Period

We do love fiber to the home broadband around here, especially when Verizon responsibly avoids usage caps of any kind, but we’re still surprised they re-tweeted us on their official Verizon Twitter channel. Verizon has received well-deserved compliments for offering fiber upgrades while other phone companies tough it out with DSL or offer half-measures like AT&T’s U-verse. Our biggest complaint is that the rest of VerizonLand doesn’t have a clear path to get the service (and the fact our headquarters are in Rochester, N.Y., the only major city in New York not served by Verizon, so no FiOS for us… ever. Frontier Communications is our local telephone provider, and they have underwhelmed us for years.)

Other stories of interest:

1. Frontier Upgrades 155 of 194 Central Offices in N.Y. to Support Up to 25Mbps
2. Community Wins FiOS Fiber Expansion By Offering Verizon Lengthy Franchise Agreement
3. Exclusive: Frontier Communications Has Plans for AT&T U-verse for Landline Customers
4. Verizon Does the Right Thing and Will Not Cap Its DSL or FiOS Customers
5. AT&T U-verse, Verizon FiOS Competing Head to Head in Dallas Suburbs

Phillip Dampier

The Wall Street Journal’s not-living-in-the-real-world editorial page strikes again.

The commentary pages have always been the weakest part of the Journal, primarily because they screech pro-corporate talking points in contrast to the more balanced reporting in the rest of the newspaper.

Mr. Holman W. Jenkins, Jr. decided to distort broadband reality (again) in yesterday’s edition with a glowing commentary on how wonderful broadband providers are in his piece, “Springtime for Broadband.” The only thing missing was a border in fine print labeled, “Sponsored by Verizon, AT&T, and your cable company.”

While your Internet bill is being hiked at the same time your provider is slapping usage limits on your connection, Jenkins dismisses consumer-fueled complaints about broadband price gouging, assaulting Net Neutrality, and overall poor customer service as part of Washington’s “broadband policy circus.”

Charges fly hourly that Google or some other company is guilty of gross insult to net neutrality (that sacred principle nobody can define). Oregon Sen. Ron Wyden has introduced legislation to regulate data caps and Internet pricing. Law professor Susan Crawford, until recently a White House technology adviser, clearly craves to be America’s next go-to talking head on broadband. Lately she’s been everywhere calling for a crackdown on the competing “monopolists” who supply Internet access.

How dare they complain, decries Jenkins in a robust defense of the 21st century version of the railway robber barons.

Comfortably playing patty cake with provider-fed talking points from the industry echo chamber, Jenkins is ready for battle, facts or not.

But wireless providers have invested big money to deploy high-speed mobile networks, and fixed and mobile are inevitably beginning to compete. The latest evidence: Australia recently predicted that up to 30% of households will go the all-wireless route and won’t be customers for its vaunted national broadband project.

Jenkins

Not exactly. The basis for this 30% figure is the National Broadband Network’s own business plan, which warns -if- the company raised prices to a maximum theoretical level, up to 30 percent of its customers would rely on wireless instead… by the year 2039. That is 26 years from now. You have nothing better to do in the meantime, right?

In fact, conservative critics of the fiber network, some defending the big wireless cell phone industry in Australia, have suggested fiber optics is a big waste of money because “wireless is the future.”

That old chestnut again.

“Now you can present a bulletin without touching a typewriter … it’s just there on the computer system, you don’t need a reel to reel tape recorder. I’ve got a touchscreen in front of me. Back then I had a big cartridge deck,” said Ray Hadley on 2GB radio. “Can you imagine the advances in technology in the next 26 years? I can’t. I can’t comprehend it. By the time they finish the NBN, it could be superseded by something we don’t even know about.”

NBN Myths, a website set up to tackle the disinformation campaign from political and industry opponents has one simple fact to convey: “Despite what you may have read from certain clueless commentators, there is not a single country or telecommunications company anywhere in the world that is attempting to replace fixed networks with wireless in urban areas, or even planning to do so in the future.”

Which would you rather have?

Even Telstra, the biggest telecom company in Australia scoffs at such a notion, noting a growing number of its customers have both wired and wireless service, and they do not depend on one over the other.

Research firm Telsyte found that 85 per cent of Australians want speeds of 50Mbps or higher, speeds impossible for wireless to offer. In fact, when the NBN fiber network became available to Australians, almost half the current users as of October last year had chosen an even-faster 100Mbps plan option. But Australians also want mobile broadband, and they are signing up for that as well.

The Australian Bureau of Statistics notes the number of mobile broadband Internet connections also grew by around 40% in Australia between 2009 and 2010. But here is the Achilles heel of wireless: it cannot deliver the same speeds or capacity, and providers charge high prices and deliver low usage caps. As a result, the wireless industry has pulled off a coup: they earn enormous revenues from networks they have successfully rationed. The total amount of data downloaded over Australia’s wireless networks actually fell on a per user basis, despite the growth in customers.

Much of Jenkins’ commentary is spoon-fed by the industry-funded Information Technology and Innovation Foundation, which produces industry-sponsored studies designed to tell America all is well in our broadband duopoly.

In the latest federal survey, the average broadband speed in America is up to 15.6 megabits per second, from 14.3 a year earlier. Nearly half of customers who six months ago made do with one megabit or less have now moved up to higher speeds. Since 2009, the U.S. has gone from 22nd fastest Internet to the eighth fastest.

The 15.6Mbps figure comes from the Federal Communications Commission. The statistics about our global speed ranking come from Akamai’s voluntary speed test program. Other studies rate America much lower. More importantly, while providers in the U.S. try to squeeze out more performance from their copper networks, other countries are laying speedier fiber networks that are destined to once again leapfrog over the United States. Most charge less for their broadband connections as well.

Jenkins also quotes the ITIF which touts 20 million miles of fiber were laid in America last year. But the ITIF, when pressed, will admit the majority of that fiber was “middle mile” connections, institutional or business network fiber you cannot access, or fiber to cell towers. Fiber to the home expansion has stalled, primarily because Verizon has suspended expansion of its FiOS network to new areas after Wall Street loudly complained about the cost.

Jenkins argues that if we leave providers alone and stop criticizing their growing prices, declining competition, and fat profits, the marketplace will suddenly decide to invest in network upgrades yet again.

“The day may come when even Verizon, which visibly soured on its $23 billion FiOS bet, rediscovers an urge to invest in fixed broadband infrastructure to meet growing consumer lust for hi-def services,” writes Jenkins.

Would Wall Street rather see providers invest in network upgrades or return profits to shareholders? Investment expansion in the broadband industry comes when a company senses if they do not spend the money, their business will be swept away by others that will. Cable broadband threatens telephone company DSL, so AT&T cherry-picked communities for investment in its half-measure U-verse fiber to the neighborhood network. Google Fiber, should it choose to expand, will be an even bigger threat to both cable and phone companies. Municipal fiber to the home networks upset the incumbent players so much, they spend millions of ratepayer dollars in efforts to legislate them out of existence.

Jenkins’ view that giving the industry carte blanche to do and charge as it pleases to stimulate a better broadband future is as fanciful as NBN critics in Australia suggesting fiber upgrades should be canceled in favor of waiting 20+ years for improved wireless to come along.

He even approves of Internet Overcharging schemes like usage caps and consumption billing, calling it proper price discrimination in a “fiercely competitive” environment to defray a network’s fixed costs.

Do you think there is fierce competition for your broadband dollar?

Broadband’s fixed costs are so low and predictable, it literally calls out consumption pricing as just the latest overreach for enhanced profits. As Suddenlink’s CEO himself admitted, the era of big expensive cable upgrades are over. Incremental upgrades are cheap, the costs to offer broadband are declining, so it is time to reap the profits.

Jenkins closes with one recommendation we can agree with: “A low-tech way to stir up broadband competition would be to relax the regulatory obstacles to the actual physical provision of broadband.”

We can start by scrapping all the state laws the industry lobbied to enact that prohibit community-owned broadband competition. If big cable and phone companies won’t provide communities with the quality of broadband service they need to compete for 21st century jobs, let those communities do it themselves.

Other stories of interest:

1. Wall Street Journal Nonsense: Canada Just Ahead of U.S. in Introducing Internet Overcharging
2. How Australia Will Shame North America: Fiber Speeds for Them, Overpriced, Slow Cable/DSL for You
3. Wall Street Encourages Verizon to Get Completely Out Of Landline/FiOS Business
4. Wall Street Journal Does Hit Piece on Australia’s National Broadband Plan — Hint, Hint to American Policymakers
5. We’re in the Broadband Shortage Business: Big Telecom Attacks Providers That Can Do Better

Residents of some cities north of Dallas are in the unique position of being able to choose between two phone companies and at least one cable operator for television, phone, and broadband service.

AT&T U-verse competes head to head with Verizon’s advanced FiOS fiber to the home service in communities like Allen, Plano, and Frisco, Tex.,  because of franchising agreements that opened to door for both companies to compete in overlapping territories.

The aggressor was Verizon, which took advantage of Texas’ statewide video franchise law to “overbuild” its FiOS fiber operation into AT&T’s landline territory, particularly in affluent Frisco and Allen.

Verizon got interested in the area in 2008 because of the population boom and housing growth in North Texas. It was easy to lay fiber in the large housing developments under construction. When the economy crashed along with the housing market during the Great Recession, Verizon’s investment and interest in expanding FiOS declined. Today, some areas have access to both Verizon FiOS and U-verse from AT&T, as well as at least one cable operator. Other areas, especially in unfinished planned neighborhoods, only have access to only one provider, AT&T.

Verizon’s decision to overbuild and face AT&T was a decision to target investment into some of the richest areas in the Dallas-Ft. Worth Metroplex. Lower income areas often have neither service, as Verizon has focused efforts north of the city and AT&T U-verse is still not available in certain areas of downtown Dallas.

Other stories of interest:

1. Verizon Does the Right Thing and Will Not Cap Its DSL or FiOS Customers
2. AT&T and Verizon Cutting Off DSL Customers Without Warning for Phantom U-verse/FiOS Upgrades
3. Verizon FiOS: No Expansion in 2011; Existing Franchise Areas Will Be Completed, But That’s It
4. Verizon Reaffirms No Usage Caps; Speed Matters: Almost 50% Opt for 50-75Mbps FiOS Service
5. 50/5 Mbps ‘Wideband’ Service Arrives in Dallas for Time Warner Cable Customers Later This Month

Scored first place again this year.

Consumer Reports has released its 2013 ratings for broadband service providers, showing independently owned cable companies and fiber optic broadband services from companies large and small deliver the best bang for the buck.

WOW, a small cable operator serving limited areas of the country yet again achieved first place in the ratings, appearing in the May issue. Verizon and Frontier’s FiOS fiber networks rated #2 and #5 respectively. (Frontier acquired its fiber to the home network from Verizon in 2009.)

In general, cable broadband service scored considerably better than telephone company DSL. Wireless broadband did more poorly, with Verizon’s 4G LTE network in 23rd place. Satellite scored worst, with both ViaSat and Hughes among the bottom three.

Verizon’s ongoing speed boosts assure the company of high ratings for its FiOS fiber network.

Mediacom once again took honors as America’s worst cable company. This year, it managed to score even worse than ViaSat, formerly WildBlue. Other bottom dwellers: FairPoint DSL, AT&T DSL, Frontier DSL, Charter Cable and Comcast Cable.

Compared with last year, few companies saw dramatic improvements or declines, despite glowing press releases touting improvements and investment.

Time Warner Cable, which scored 19th last year dropped to 20th place this year.

TDS, an independent phone company, managed a surprising 5th place score last year, despite only giving most of its customers DSL service. This year it is in eighth place.

Cablevision, which faced criticism for an overburdened broadband network last year managed almost no change in ratings this year, despite a measurable improvement in service.

Consumer Reports’ ratings are largely based on customer perceptions shared with the magazine in its annual questionnaire. CenturyLink may have delivered an improved experience for its customers between 2012 and 2013. Last year the phone company was in 18th place. This year it improved to 11th place.

Other stories of interest:

1. Consumer Reports Releases 2012 Top-Rated Telecom Providers, Quotes Stop the Cap!
2. Netflix January ISP Ratings: Google Fiber Tops, Verizon/AT&T DSL At Bottom
3. AT&T Scores Last (Again) in Consumer Reports’ Ratings; Oddly AT&T Reseller Scores Highest
4. A Look at Broadband Numbers in the United States: DSL Hurting Phone Companies
5. Customers Flee Frontier FiOS: Company Loses A Stunning 10,000 Customers in 3rd Quarter