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Pre-Empting Moronic Broadband Law Means Everything to Rural North Carolina

greenlightThe community of Pinetops, N.C. has finally got 21st century gigabit broadband, but no thanks to a state legislature so beholden to Time Warner Cable, it let the cable giant write its own law to keep potential competitors away.

The passage of H129 was almost a given after Republicans regained control of both chambers of the state legislature in 2011 for the first time since 1870. The bill made it almost impossible for any of the state’s existing community-owned broadband networks to expand out of their immediate service areas. It also discouraged any other rural towns from even considering starting a public broadband network to solve pervasive broadband problems in their communities.

It was not the finest moment for many of H.129’s supporters, who had to explain to the media and constituents why the state’s largest cable operator needed protection from potential competition and more importantly, why public officials were catering to the corporate giant’s interests over that of the public.

"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

“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

Rep. Julia Howard (R-Davie, Iredell) found herself losing her cool when WNCN reporters in Raleigh caught up with her and confronted her with the fact her campaign coffers had been filled by the state’s largest telecom companies. She didn’t have an answer for that. Moments later, she appeared ready to flee the interview.

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

Rep. Marilyn Avila was so close to Marc Trathen, then Time Warner Cable’s top-lobbyist in the state, we decided five years ago it would be more accurate to list Time Warner Cable as her sole constituent. Avila’s name appeared on the bill, but it was readily apparent Time Warner Cable drafted most of its provisions. The nearest city in Avila’s own district wanted no part of H129, and neither did many of her constituents.

The bill managed to pass the legislature and after becoming law effectively jammed up community broadband expansion in many parts of the state.

It would take the Federal Communications Commission to pre-empt the legislation on the grounds it was nakedly anti-competitive and prevented broadband improvements in communities major telecom companies have ignored for years.

As a result of the FCC’s actions, the community of Pinetops now has access to gigabit broadband, five years late, thanks in part to Rep. Avila who got a $290 dinner for her efforts and was honored as a guest speaker at a cable industry function in recognition of her service… to Time Warner Cable.

Rep. Avila with Marc Trathen, Time Warner Cable's top lobbyist (right) Photo by: Bob Sepe of Action Audits

Rep. Avila with Marc Trathen, Time Warner Cable’s top lobbyist (right) Photo by: Bob Sepe of Action Audits

Greenlight, Wilson’s community-owned fiber to the home provider, switched on service in the community this spring to any of the 600 Pinetops homes that wanted it, and many did.

“We just love it!” said Brenda Harrell, the former acting town manager.

In fact, Greenlight is now delivering the best broadband in Edgecombe County, and deploying fiber to the home service was hardly a stretch for Greenlight, which was already installing fiber optics to manage an automated meter infrastructure project. The only thing keeping better broadband out of the hands of Pinetops residents was a law written by an industry that loathes competition and will stop it at all costs. Time Warner Cable didn’t bother to offer service in the community even after its bill became law and residents endured years of unreliable DSL or dialup access instead. Talk about a win-lose scenario. Time Warner Cable got to keep its comfortable cable monopoly while many families had to drive their children to businesses miles away just to borrow their Wi-Fi signal to finish homework assignments.

Faster broadband is likely to be transformative for the quiet rural community. Current town manager Lorenzo Carmon sees more than nearby fields of sweet potatoes and soybeans. With gigabit fiber and cheap local housing, Pinetops could become a bedroom community for upper income professionals now living in Greenville, a university town heavily populated by doctors, students, and high-tech knowledge economy workers. If and when they arrive, they’ll find a tech-ready community, right down to the local Piggly-Wiggly supermarket, which now has fiber fast internet service too.

pinetopsPinetops offers proof of the obscenity of bought-and-paid-for-politicians supporting corporate protectionism that harms people, harms education, harms jobs, and leaves rural communities with no clear path to the digital economy of the 21st century. Legislation like H129, which continues to be enforced in more than a few U.S. states, needs to be pre-empted nationwide or even better repealed by state legislators.

But North Carolina’s legislature still isn’t getting the message. They are outraged the FCC outsmarted Time Warner Cable and them, and are now wasting time and resources to have the FCC’s pre-emption overturned in court, evidently so that rural North Carolina can continue to tough it out with DSL indefinitely. That’s political malpractice and North Carolina voters need to show the door to any elected representative that cares more about the interests of a giant cable company than what is good for you and your community. Reps. Avila and Howard don’t have to live with 3Mbps DSL, so why should you?

“If the private sector is not providing the services, the government has to step in,” said Carmon. “The internet is just like electricity. You can’t live without it.”

We couldn’t agree more.

Suddenlink Closing Call Centers, Adds New Paper Billing Fee

Phillip Dampier July 20, 2016 Consumer News, Public Policy & Gov't, Suddenlink 1 Comment

unemployedAltice’s ongoing efforts to cut expenses and boost profits at Suddenlink will cost an unspecified number of call center workers their jobs in three states and customers will soon pay a fee to receive their cable bill in the mail.

In three separate announcements, Suddenlink has begun notifying employees at three separate offices that many will be out of their jobs by this fall as the company shutters call centers and sales offices in Greenville, N.C., St. Joseph, Mo.,  and Parkersburg, W.V.

“We are migrating call center activities to some of Suddenlink’s larger call centers in the U.S. based on call volume, and where we have the greatest number of business partners,” said a company news release.

All of Suddenlink’s sales jobs will now be in Texas, and that means sales employees in the company’s Parkersburg office were given two choices: move to Texas, or take a different job in the Parkersburg office.

St. Joseph area employees were told their jobs will be relocated to larger call centers elsewhere where Altice has spent money to improve customer care.

“We have invested in advanced customer-care technology in those locations, and based on that believe this new structure will enable us to provide a superior service experience to all of our customers,” said Suddenlink spokeswoman Lisa Anselmo.

SuddenlinkLogo1-630x140This summer Suddenlink is also continuing incremental rate hikes for customers not already subject to them. Parts of North Carolina are the latest to face a new $1 billing fee, which began July 1. New customers already pay the fee, but now current customers will also face the extra charge if they want a paper statement mailed to them.

“This fee covers the handling and postage costs associated with providing a paper statement,” said spokesman Gene Regan, senior director of corporate communications.

Notification of the new fee went out in the company’s May and June billings. To avoid the fee, customers must opt-in to electronic billing by visiting the company’s paperless billing web page and logging in to their Suddenlink account.

“What we are finding is more and more people in recent months have gone to electronic billing. A lot of customers have made the change in recent months,” Regan told The Daily Reflector. “Today so many people are online, more and more people are online, and a lot of people don’t like to deal with paper mail. They like the convenience and the opportunity to use other ways to pay.”

August

August

But many customers would prefer the option of a lower cable TV bill.

In Louisiana, Lake Area residents continue to complain about Suddenlink’s business practices, especially rates, channel options, and equipment fees. City councilwoman Luvertha August told American Press she is inundated with complaints about the cost of cable television in particular.

“All of these comments are from senior citizens. They’re on fixed incomes and they have limited budgets,” August told the newspaper. “They’re concerned with what they deem are constant changes with the Suddenlink cable company.”

Seniors have been confronted with cable TV bills that have soared from $20 two decades ago to over $80 in many cases today. This month Suddenlink completed its all-digital transition in southern Louisiana, which requires customers to attach equipment to every cable-enabled television in the home, at an additional cost.

The Leichtman Research Group, which specializes in research on broadband media and entertainment, found today’s average cable-TV bill is just under $100 after fees, surcharges, and taxes are included. Seniors who have seen no significant increase in their Social Security checks for several years are hard-pressed to pay for channels they don’t want or watch.

Last year, August attempted to involve the state’s legislative delegation to coordinate a message that consumers want more options, including a-la-carte for cable television. Her effort found almost no interest from state and federal lawmakers representing Louisiana, many who receive substantial campaign contributions from telecom companies. Sen. David Vitter (R-La.) did respond, but falsely claimed cable television is a state matter and the “federal government had nothing to do with the issue.”

In fact, many members of Congress have asked the FCC to get involved in the issue and others have supported efforts to increase competition and push for mandatory a-la-carte channel choices for consumers. AT&T U-verse has a franchise in southern Louisiana and may offer some consumers a choice, but after AT&T completed its acquisition of DirecTV, many consumers report AT&T is marketing satellite television more aggressively than its own U-verse TV option.

Told You: Altice Brings Its Special Kind of Cost-Cutting to Suddenlink and Cablevision

Phillip Dampier June 28, 2016 Altice NV, Cablevision, Consumer News, Suddenlink No Comments

cheapDespite vociferous denials to New York regulators that Altice’s unique way of cost-cutting expenses in Europe would mean the same in the United States, a Suddenlink employee in the Appalachians found herself visiting a nearby Kroger supermarket recently to pick up some “forever” postage stamps after the office’s postage meter machine stopped working.

“Nobody paid the bill, leaving us to raid petty cash to get some mail out,” the Suddenlink employee told Stop the Cap! “They got the problem resolved later that week, but this was only the most recent of several incidents that make it clear our new owner doesn’t like us spending any money.”

Suddenlink employees in West Virginia needed money to get a broken ice machine in their office fixed and got the third degree instead of a quick answer.

The Wall Street Journal reports during a March “investment committee” meeting, Altice’s bean counters pelted employees with questions about the nature of the ice machine business in the United States and whether it would be smarter to buy or lease.

“A complete waste of people’s time and energy,” said the former Suddenlink employee.

In North Carolina, call center employees are updating their resumes after watching job positions slowly get eliminated starting this past April.

“Since that time, rumors have been spreading that the call center [itself] may be closing soon,” shared another employee. “And if you’re paying attention the writing is on the wall that the rumors are true. But no one from upper management or corporate will share any information.”

SuddenlinkLogo1-630x140When Altice took over Cablevision, employees were stunned when top executives dined in the staff canteen on their first day after the deal closed. That was never the style of former CEO James Dolan and other executives who avoided hobnobbing with anyone too far from the executive suites. Dolan himself often used a helicopter to travel back and forth from the office, occasionally with bodyguards.

Charles Stewart, chief financial officer of Altice U.S., warns everyone better get used to it.

“[Cost discipline is] our whole philosophy,” Stewart said. “It triggers a discussion at a very nitty-gritty level, which is where the difference is made.”

atice-cablevisionWith a commitment to slash $900 million in expenses out of Cablevision alone during 2016, that’s a lot of discipline. Employees are echoing their French counterparts at Altice’s SFR-Numericable when they call life at Suddenlink and Cablevision “a culture of fear,” watching workers exiting each week without being replaced. Much the same happened in Europe, despite commitments not to engage in job-cutting. In both cases, Altice claims the slow but steady trickle of employee departures are “normal churn,” not layoffs.

Altice designed its “investment committee” to be an authoritarian hellhole on purpose. Those who dare to attend the weekly meetings, which extend for hours, face micro-scrutiny of every expense brought before it, with employees peppered with questions to justify their expenses. The same occurred in France, where Altice officials debated how often they should pay to vacuum the carpets and clean the restrooms.

Employees figure out soon enough it is easier not to ask (or to simply buy what you need on your own), before enduring a prolonged debate on mundane topics like using new or recycled toner cartridges.

“It creates consternation for about two months,” admitted Altice USA CEO Dexter Goei. “Then people realize, ‘Boy, I really don’t want to go to the investment committee. We just got 500 printers a year ago; we can probably extend their life one more year.’”

While Altice has a deal with regulators not to layoff “customer-facing” Cablevision employees in New York, it is already slashing one of Dolan’s pet projects: Freewheel, a Wi-Fi powered wireless phone, SMS, and data service.

Coming next: Channel Renewal Battles. Altice executives believe it’s time to declare total war on channel carriage costs, even it leads to prolonged channel blackouts.

“We have about half of our programming lineup that’s up for renewal very soon,” Goei said. “There are clearly a lot of channels that we’d like to get rid of.” But Goei also told the Wall Street Journal many of the networks he doesn’t want are part of broader programming deals that require all of a company’s channels to be carried.

So what is next? Altice has stated emphatically it wants to be either the largest or second largest cable operator in the U.S. That guarantees more acquisitions, probably beginning next year. Cox and Mediacom — both privately held — may decide not to sell, which means Altice will have to refocus on taking over Charter Communications, which itself just absorbed Time Warner Cable and Bright House Networks, or divert to making acquisitions in wireless — T-Mobile or Sprint, perhaps, or content, which likely means one or more Hollywood studios.

Time Warner Cable Says Tiny North Carolina Power Co-Ops Are Bullies

twc repairTime Warner Cable says it is forced to pay monopoly rates to rent space on North Carolina’s publicly owned utility poles and it now wants the state government to settle the issue by regulating prices to better reflect actual costs.

The cable company is suing five rural, member-owned electric cooperatives at the North Carolina Utilities Commission, claiming the tiny utilities are bullies that routinely stonewall, coerce, retaliate and strong-arm the country’s second largest cable company into paying up. Time Warner Cable claimed when it refused to pay one co-op’s rate demands in full, the utility threatened to add the unpaid fees to Time Warner’s electric bill and eventually cut off electricity if it went unpaid. The cable company also claims it has faced penalty fees in the millions of dollars and in one case, a threat to call the local sheriff on a cable technician repairing a line during a service outage.

The News & Observer reports the public utilities and cable operator are at an impasse. Rural utilities claim they are being undercut by a federal rate formula that many for-profit, investor-owned utilities subscribe to that requires cable companies to pay $5-7 per pole per year in rental fees. But many rural co-ops have substantially higher costs, do not generate their own electricity, have wiring and poles stretched between significantly fewer customers and don’t set rates and policies with an aim to compensate investors and shareholders.

Project4.qxdThe five public utilities each serve between 26,800-122,000 customers. Altogether, the five maintain 75,000 utility poles now involved in the dispute. All charge considerably more for pole rentals than Duke Energy, the state’s largest for-profit utility, which gets somewhere between $5-7 a year for each pole. Co-ops South River EMC is seeking $17.40 per year. Carteret-Craven EMC wants $23.60 a year.

The National Rural Electric Cooperative Association explains the disparity in rates is the result of the higher risks co-ops face if the local cable company gets sloppy and damages the pole or creates operational or safety issues.

CCEC Slide“In order to maintain 501(c)(12) cooperative tax-exempt status, cooperatives charge cost-based rates for their services, including pole attachments,” claims NRECA. “Some costs are difficult to identify and quantify, especially operational or safety issues that improper pole attachments may cause. If a federal uniform rate pushed attachment rates lower than actual costs, member owners of the not-for profit electric co-op would wind up subsidizing cable, broadband and telecommunications corporations, many of which are for-profit entities.”

NRECA claims the federal pole attachment rate formula that Time Warner Cable now advocates be applied across North Carolina was set artificially low to promote rural broadband expansion by enticing cable operators to wire areas they have never wired before. While that may sound good for rural consumers looking for cable broadband service, electric ratepayers could end up subsidizing the cable company’s expansion through higher electricity rates to recoup unpaid pole expenses. The electric co-op group also argues that even with artificially low pole attachment rates, that doesn’t guarantee cable companies will actually invest the savings into service expansion or lower prices for their customers.

Ironically, cable operators like Time Warner Cable that show little interest in sharing their infrastructure with others argue rural co-ops should be forced to share their poles.

“Once cable operators have constructed their aerial networks on existing pole infrastructure,” Time Warner wrote, “they are essentially captive because it would be prohibitively expensive and impractical (or impossible) to rebuild those networks underground or to install their own poles.”

Sen. Ted Cruz’s Latest Enemy: Community Broadband; Wants State Bans Reinstated

Cruz

Cruz

Although running a distant second behind Donald Trump in the Republican presidential primary, Texas Sen. Ted Cruz is still managing to have an influence in the U.S. Senate, where his office is filing a plethora of amendments to various telecommunications bills. Among his top priorities: throwing up roadblocks to keep municipalities from offering broadband to their communities.

Cruz and Sen. Deb Fischer, a fellow Republican from Nebraska, are jointly proposing to attach an amendment to the FCC Process Reform Act that would prohibit the FCC from preempting state laws that limit or prohibit municipal broadband networks. The amendment would “prohibit the FCC from preventing states from implementing  laws relating to provision of broadband Internet access service by state and local governments.”

Several Republicans in Congress have been highly critical of public broadband, despite the fact many local governments in their districts are clamoring for better broadband solutions for their residents.

Cruz and other municipal broadband opponents are responding to FCC Chairman Thomas Wheeler’s decision to effectively overturn those restrictions in Tennessee and North Carolina. Wheeler is considering expanding preemptions in other states where lawmakers passed bills restricting or prohibiting municipal broadband expansion.

The FCC is currently defending its actions in court.

FairPoint’s ‘Moosepoop’: Abdicating Its Responsibilities One Customer at a Time

Phillip Dampier: One customer calls FairPoint's deregulation logic "moosepoop."

Phillip Dampier: One customer calls FairPoint’s deregulation logic “moosepoop.”

In 2007, Verizon Communications announced it was selling its landline telephone network in Northern New England to FairPoint Communications, a North Carolina-based independent telephone company. Now, nearly a decade (and one bankruptcy) later, FairPoint wants to back out of its commitments.

In 2015, FairPoint stepped up its push for deregulation, writing its own draft legislative bills that would gradually end its obligation to serve as a “carrier of last resort,” which guarantees phone service to any customer that wants it.

The company’s lobbyists produced the self-written LD 1302, introduced last year in Maine with the ironic name: “An Act To Increase Competition and Ensure a Robust Information and Telecommunications Market.” The bill is a gift to FairPoint, allowing it to abdicate responsibilities telephone companies have adhered to for over 100 years:

  • The bill removes the requirement that FairPoint maintain uninterrupted voice service during a power failure, either through battery backup or electric current;
  • Guarantees FairPoint not be required to offer provider of last resort service without its express consent, eliminating Universal Service requirements;
  • Eliminates a requirement FairPoint offer service in any area where another provider also claims coverage of at least 94% of households;
  • Eventually forbids the Public Utilities Commission from requiring contributions to the state Universal Service Fund and forbids the PUC from spending that money to subsidize rural telephone rates.

opinionSuch legislation strips consumers of any assumption they can get affordable, high quality landline service and would allow FairPoint to mothball significant segments of its network (and the customers that depend on it), telling the disconnected to use a cell phone provider instead.

FairPoint claims this is necessary to establish a more level playing ground to compete with other telecom service providers that do not have legacy obligations to fulfill. But that attitude represents “race to the bottom” thinking from a company that fully understood the implications of buying Verizon’s landline networks in a region where some customers were already dropping basic service in favor of their cell phones.

FairPoint apparently still saw value spending $2.4 billion on a network it now seems ready to partly abandon or dismantle. We suspect the “value” FairPoint saw was a comfortable duopoly in urban areas, a monopoly in most rural ones. When it botched the conversion from Verizon to itself, customers fled to the competition, dimming its prospects. The company soon declared bankruptcy reorganization, emerged from it, and is now seeking a legislative/regulatory bailout too. Regulators should say no.

fairpointLast week, even FairPoint’s CEO Paul Sunu appeared to undercut his company’s own arguments for the need of such legislation, just as the company renewed its efforts in Portland to get a new 2016 version of the deregulation bill through the Maine legislature.

“We’ve operated in and we have experience operating basically in duopolies for a long time,” Sunu told investors in last week’s quarterly results conference call. “Cable is a formidable competitor. Look, they offer a nice package and a bundle and they – in certain areas, they certainly have a speed advantage. So we recognize that and so our marketing team does a really good job of making sure that our packages are competitive and we can counter punch on a both aggregate and deconstructive pricing.”

“Our aim is not to be a low cost, per se,” Sununu added. “What we want to do is to make sure that people stay with us because we can provide a better service and a better experience and that’s really what we aim to do. And as a result, we think that we will be able to change the perception that people have of Fairpoint and our brand and be able to keep our customers with us longer.”

Paul H. Sunu

Paul H. Sunu

Of course customers may not have the option to stay if FairPoint gets its deregulation agenda through and are later left unilaterally disconnected. In fact, while Sunu argues FairPoint’s biggest marketing plus is that it can provide better service, its agenda seems to represent the opposite. AARP representatives argued seniors want and need reliable and affordable landline service. FairPoint’s proposal would eliminate assurances that such phone lines will still be there and work even when the power goes out.

At least this year, customers know if they are being targeted. FairPoint is proposing to immediately remove from “provider of last resort service” coverage in Maine from Bangor, Lewiston, Portland, South Portland, Auburn, Biddeford, Sanford, Brunswick, Scarborough, Saco, Augusta, Westbrook, Windham, Gorham, Waterville, Kennebunk, Standish, Kittery, Brewer, Cape Elizabeth, Old Orchard Beach, Yarmouth, Bath, Freeport and Belfast.

At least 10,000 customers could be affected almost immediately if the bill passes. Customers in those areas would not lose service under the plan, but prices would no longer be set by state regulators and the company could deny new connection requests.

FairPoint argues that customers disappointed by the effects of deregulation can simply switch providers.

fairpoint failure“The market determines the service quality criteria of importance to customers and the service quality levels they find acceptable,” Sarah Davis, the company’s senior director of government affairs, wrote. “To the extent service quality is deficient from the perspective of consumers, the competitive marketplace imposes its own serious penalties.”

Except FairPoint’s own CEO recognizes that marketplace is usually a duopoly, limiting customer options and the penalties to FairPoint.

Those customers still allowed to stay customers may or may not get good service from FairPoint. Another company proposal would make it hard to measure reliability by limiting the authority of state regulators to track and oversee service complaints.

Company critic and customer Mike Kiernan calls FairPoint’s legislative push “moosepoop.”

“FairPoint has been, from the outset, well aware of the issues here in New England, since they had to demonstrate that they were capable of coping with the conditions – market and otherwise – in their takeover bid from Verizon,” Kiernan writes. “Yet now we see where they are crying poverty (a poverty that they brought on themselves) by taking on the state concession that they are trying desperately to get out from under, and as soon as possible.”

Vermont Public Radio reports FairPoint wants to get rid of service quality obligations it has consistently failed to meet as part of a broad push for deregulation. (2:23)

You must remain on this page to hear the clip, or you can download the clip and listen later.

Kiernan argues FairPoint should be replaced with a solution New Englanders have been familiar with for over 200 years – a public co-op. He points to Eastern Maine Electrical Co-Op as an example of a publicly owned utility that works for its customers, not as a “corporate cheerleader.”

Despite lobbying efforts that suggest FairPoint is unnecessarily burdened by the requirements it inherited when it bought Verizon’s operations, FairPoint reported a net profit of $90 million dollars in fiscal 2015.

AT&T U-verse with GigaPower Gigabit Internet Dribs and Drabs Out in 23 New Cities

u-verse gigapowerAT&T has introduced 23 new communities and adjacent service areas in North Carolina, Georgia, Florida, Illinois, Texas, and Tennessee to the possibility of getting gigabit broadband speeds, if customers are willing to wait for AT&T to reach their home or small business.

Here are the latest cities on AT&T’s new launch list:

  • Florida: Coral Gables, Homestead, Miami Gardens, North Miami, Oviedo, Sanford, and Parkland
  • Georgia: Alpharetta, Cartersville, Duluth, East Point, Avondale Estates, Jonesboro, and Rome
  • Illinois: Bolingbrook, Mundelein, Shorewood, Elmwood Park, Volo, and parts of Munster, Ind.
  • North Carolina: Clemmons, Garner, Holly Springs and Salisbury
  • Tennessee: Spring Hill and Gallatin
  • Texas:  Hunters Creek Village and Rosenberg

AT&T claims its fiber to the home service will eventually reach more than 14 million customers across its service area, but adds it will only reach a fraction of them – one million – by the end of 2015. Most customers will have around a 7% chance of getting gigabit speeds from AT&T this year.

Warren

Warren

In Salisbury, N.C., where Fibrant delivers community-owned broadband at speeds up to 10Gbps, AT&T gave space in its press release for Rep. Harry Warren, the local Republican member of the state House of Representatives, to praise the phone company.

“I’m excited about this new development, and appreciate AT&T’s continued investment in Rowan County,” Warren said.

Warren says he fought to protect Fibrant from a 2011 state law — drafted by the state’s largest phone and cable companies — that effectively outlawed community-owned broadband competition. But he, along with most of his Republican colleagues, also voted in favor of it.

Earlier this year, Federal Communications Commission chairman Thomas Wheeler announced the FCC would pre-empt municipal broadband bans in North Carolina and Tennessee. Warren told the Salisbury Post he wondered if Wheeler was guilty of “federal overreach.”

“That’s my biggest concern about it,” he said.

Both AT&T and Time Warner Cable have been regular contributors to Warren’s campaigns since 2010.

Brock

Brock

State Sen. Andrew Brock, also a Republican, told the newspaper Wheeler’s actions show how out of touch the Obama Administration is with “technology and the pocketbooks of American families.”

“I find it interesting that a bureaucrat that is not beholden to the people can make such a claim without going through Congress,” Brock said.

The year Brock voted in favor of banning community broadband competition in North Carolina, he received $3,750 from telecom companies. This election cycle, Time Warner Cable is his second largest contributor. AT&T and CenturyLink also each donated $1,000 to Brock’s campaign fund.

While AT&T is free to expand its gigabit U-verse upgrade as fast or as slow as it chooses, the community providers that delivered gigabit speeds well before AT&T are limited by state law from expanding service outside of their original service areas or city limits. In plain English, that effectively gives AT&T state-sanctioned authority to decide who will receive gigabit speeds and who will not.

The FCC’s pre-emption, if upheld despite ongoing challenges from Republican lawmakers on the state and federal level, could allow Fibrant to join forces with other municipal providers in North Carolina to expand fiber broadband to new communities around the state.

FCC’s Gigi Sohn to American Cities: Stop Waiting – Build Your Own Public Broadband Networks

Phillip Dampier September 15, 2015 Community Networks, Competition, Public Policy & Gov't 1 Comment
Sohn

Sohn

A top counselor to Federal Communications Commission chairman Thomas Wheeler told a conference of city officials meeting in San Diego last week they should stop waiting around for the local phone or cable company to deliver the broadband service their communities need and build their own publicly owned broadband service instead.

Gigi Sohn was the keynote speaker at a luncheon held last week by the National Association of Telecommunications Officers and Advisers (NATOA), a major professional association representing individuals and organizations that manage telecom policies and services in local governments across the country.

“Without question, the landscape is changing for local governments,” she said, as reported by Multichannel News. “Most significantly, the future is not in cable, but in broadband,” adding: “Even the cable operators acknowledge this…Rather than wait for incumbent ISPs to build the network your cities want and need, you can take control of your own broadband futures.”

natoa-logoThe FCC under the leadership of Thomas Wheeler has targeted anti-municipal broadband laws in the states of North Carolina and Tennessee for federal pre-emption, effectively invalidating laws ghost-written by telecommunications industry lobbyists working for the states’ dominant telecom companies — Time Warner Cable in North Carolina and AT&T and Comcast in Tennessee. The laws are designed to restrict or discourage municipal broadband competition.

Sohn previously promised municipal providers the FCC was ready to invalidate anti-municipal broadband laws in other states if they interfered with public broadband development. Sohn believes communities are unlikely to get cutting edge broadband from comfortable incumbent phone and cable companies. Local governments can and should step in to facilitate the kind of broadband services communities have begged those incumbents to offer for years.

Sohn was the president and co-founder of Public Knowledge, a pro-consumer public interest group. She joined the FCC in November 2013.

North Carolina, Where Fiber Begets More Fiber; Ting Explores Wiring Cities Google Forgot

Ting-truck-closedNorth Carolina residents bypassed by Google Fiber and impatient waiting for AT&T U-verse with GigaPower may still have a chance to get gigabit fiber Internet.

Ting, a Toronto-based wireless provider, is exploring building fiber broadband networks in as many as a half-dozen cities in 2016, and some of them may be in North Carolina.

Elliot Noss, CEO of Ting’s parent company, told the Triangle Business Journal he is impressed with the enthusiasm for fiber optic broadband in the state. He recognized Greenlight, Wilson’s community-owned fiber network, as a fiber pioneer that helped fuel demand for better Internet in the state. He added North Carolina is one of the leaders in fiber to the home service in the country, and that makes it a very suitable place to bring even more fiber to the state.

The Triangle region of North Carolina is receiving network upgrades from Time Warner Cable and AT&T, and Google Fiber is coming to Charlotte and Raleigh-Durham, but there remains a number of Triangle communities including Clayton, Dunn, Henderson, Louisburg, Norlina, Oxford, Pittsboro, Rocky Mount, Roxboro, Sanford, Selma, Siler City, Smithfield, Tarboro and Wake Forest where fiber networks would be welcomed.

Ting workers installing fiber optics in Charlottesville, Va.

Ting workers installing fiber optics in Charlottesville, Va.

Noss believes fiber begets even more fiber, which may explain why some states are getting huge investments in competing fiber optic projects while others struggle with little or no fiber at all. As soon as a fiber provider enters a region, it creates a higher level of awareness that better Internet service exists when you look beyond “good enough” broadband from phone and cable companies. The resulting “broadband envy” fuels demand for network upgrades.

Noss believes smaller, outlying metros bypassed for fiber upgrades now want them more than ever because they are at a competitive disadvantage without better Internet access.

“North Carolina might be the first state in the union that has moved from where cities and towns are looking at fiber as a way to differentiate and to lead,” Noss told the newspaper. “(North Carolina) is seeing it almost defensively: We need it for our survival because we’re surrounded by it.”

So what makes a community ripe for fiber broadband? A community already sold on fiber and willing to make things happen quickly and smoothly.

“The first thing we look for when we’re engaging with a city or town is an understanding that this is something they deeply want to do,” Noss says. “We don’t take meetings with cities who want to hear about why they should have fiber or gigabit connectivity.”

That attitude is shared by Google, which has taken to issuing a checklist for city officials interested in attracting Google Fiber to their community. In short, it means developing a working relationship between zoning/permitting officials and Google’s engineers to cut the “red tape.”

In the past, politicians often treated cable franchise contracts as valuable enough to ask providers for concessions in return for an agreement. Many cities treated Verizon the same way when it sought franchise agreements to offer cable television over its FiOS fiber to the home network. Some city officials sought compensation for PEG services – Public Access, Educational, and Government channels. Others sought funding for technology and educational programs, community centers, or free service for public and government-owned buildings.

Google has turned that formula upside down. Today, communities offer concessions to Google competing to be the next fiber city. Other providers entering the fiber market with promises of better Internet are getting a similar reception from eager communities.

Charlottesville, Va. and Westminster, Md., neither a likely prospect for Google Fiber or Verizon FiOS did not need any convincing. Ting now provides gigabit fiber service in both communities for $89 a month or a cheaper 5/5Mbps budget option for $19 a month — both with a $399 installation fee. Customers cannot wait to sign up for service, often to say goodbye to companies like Comcast or Verizon’s DSL offering.

Ting is owned by Tucows, Inc., a provider of network access, domain names, and other Internet services.

Ting produced this video about what gigabit fiber broadband will mean for a community like Westminster, Md. (2:07)

Suddenlink Introduces Gigabit Broadband Service and Slaps 550GB Usage Cap On It

SuddenlinkLogoSuddenlink’s Operating GigaSpeed has reached parts of Texas, Missouri and North Carolina — the first areas to get 1,000/50Mbps service from the cable company. But customers are not happy to learn it is accompanied by a 550GB usage cap.

The first markets qualified for gigabit service include:

  • Bryan-College Station, Texas;
  • Nixa, Mo.;
  • Greenville and Rocky Mount, N.C.

Customers learning about the faster speeds tell Stop the Cap! they are deeply disappointed Suddenlink has kept a cap on the premium-priced speed tier.

greenville“Here in Greenville they are charging $110 a month for the service, $5 for a cable modem or $10 for a Wi-Fi router, and a $35 mandatory technician visit fee which sounded reasonable until they mentioned there was a 550GB data allowance on the service,” said Stop the Cap! reader J.J. Wallace. “That killed it for me. That is nothing short of outrageous to charge that kind of money and place a ridiculously low cap on it. It’s funny the local newspaper and Suddenlink’s press releases never bother to mention the usage cap.”

Wallace says he avoids usage caps by subscribing to Business Class service, which carries no usage allowance but forces him to a slower speed tier to keep things affordable. A 50/8Mbps business plan costs around $80 a month with modem rental and Suddenlink does not mind selling it to residential customers who refuse to deal with a usage cap.

“That is just about the most affordable plan they have that is tolerable,” Wallace writes. “If you want gigabit speeds on a business account, that will run you at least $575 a month plus equipment fees.”

“Suddenlink is no Google Fiber,” adds Pitt County resident Jennifer Davis. “Google is coming to the Triangle and Charlotte and can easily sell gigabit service for $40 less with absolutely no usage cap or equipment fees. Suddenlink wants another shake of our pocketbooks to grab even more money from us. You can’t even buy your own modem for gigabit service. You have to rent theirs. My area of the county is stuck with Suddenlink like a punishment. As a small business owner who depends on the Internet I am tired of being jerked around by these people.”

Some Suddenlink customers have managed to score better deals for broadband by threatening to leave Suddenlink for the phone company, often CenturyLink, AT&T, or Windstream.

gig city“If you impress on them they are charging too much, they will often find a promotion for you, but so far I’ve had no luck getting them to waive the caps unless you switch to business service,” said Wallace. “They always act like you are the first person to complain about usage caps, but if you read their social media pages, there are many others very upset to find they’ve lost unlimited use service after Suddenlink introduced speed upgrades. Most of my friends would rather have unlimited than faster service you can’t use.”

As for speed upgrades, the communities now qualified for gigabit service will find some changes as Suddenlink adjusts their Internet tiers:

  • Internet 50: 50/5Mbps is the new base speed with a 250GB cap
  • Internet 100: 100/10Mbps comes with a 350GB cap (current 75Mbps customers upgraded to this tier)
  • Internet 200: 200/20Mbps comes with a 450GB cap (current 100Mbps customers upgraded to this tier)
  • Internet 1 Gig: 1,000/50Mbps comes with a 550GB cap
  • Overlimit Fee: $10 per 50GB of usage, not pro-rated

Suddenlink is pushing existing DOCSIS 3.0 technology to its practical limit offering gigabit service. The latest DOCSIS 3.0 chipsets in newer model cable modems can bond up to 32 downstream channels, enough to support up to 1.2Gbps. To make room for gigabit speeds, Suddenlink needs to migrate its cable television offering to an all-digital format in the cities where it offers the fastest service. It also needs to retire any remaining legacy DOCSIS 2 modems still in use.

Operation GigaSpeed will offer gigabit broadband to all Suddenlink customers in the markets where the service is offered. The company considers that an advantage over Google Fiber and AT&T U-verse with GigaPower, which is only available in certain neighborhoods.

DOCSIS 3.1, expected to make gigabit speeds available more widely on cable systems, is expected to begin market trials as early as later this year with an expectation it will begin to see wider deployment in 2016.

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