Residents of Austin need to make plans to attend a meeting this Wednesday the 13th at 6:30pm at City Hall to be sure your voices are heard regarding the possibility of Time Warner Cable returning with its metered billing and rationing plan this fall.  It would also be a great time to call attention to the company suspending customer accounts for “excessive consumption” as we’ve documented.

Michael Chaney, one of our readers, gave us the heads-up and also pointed us to the Austinist news and culture site, which published news about the meeting:

Chairman Chip Rosenthal said public input last month justified further inquiry into the metered bandwidth issue, and that the commission is now looking for policy input from experts in regulatory matters. That process, which may take months, begins with Wednesday’s meeting of the Austin Community Technology and Telecommunications Commission.

Rosenthal said the commission faces two challenges:

“As far as we can tell, the city has little regulatory authority over the [Time Warner Cable] broadband Internet product. Yes, TWC does hold a city-granted franchise, but that agreement only covers cable video services,” Rosenthal said. “(Also) the grounds for action are more uncertain now that TWC has rescinded metering (for the time being, so they say). How do you ask for relief when you aren’t being damaged? So, the current effort may end up being groundwork, so that we’re better if they do come back.”

Stop the Cap! will be glad to work on some written input for the meeting which we’ll publish here before Wednesday, should one of our Austin readers like to provide it to them.  Rosenthal is correct — Time Warner Cable’s broadband services are unregulated.  However, forcing language that prohibits capping or tiered pricing into a franchise renewal agreement is a possibility, as would other options ranging from exploring municipal broadband or outright non-renewal of the company’s franchise.

Rosenthal is right to consider their exploration of this issue laying “groundwork,” because we are convinced Time Warner Cable has not permanently shelved these pricing schemes by any means.

What: Austin Community Technology & Telecommunications Commission meeting on TWC metered billing and other issues.

Where: City Hall – Room 1101, 301 W. 2nd Street, Austin, Texas

When: Wednesday May 13, 6:30pm

Details: Agenda & Meeting Information, List of Monthly Time Warner Cable Complaints, Emerging Tech Presentation

Website: Austin Community Technology & Telecommunications Commission

The nabobs of negativism, the panic-stricken shrieks about the Internet becoming full, the fear-mongering about broadband pipes becoming clogged because the kid down the street is running torrents again.  We’ve heard it all before, and as we’ve always said, technological advancement always seems to find a way to resolve the “crisis in bandwidth” before big businesses resolve it themselves by rationing, capping, or overcharging for access.

And so it has again.

AT&T, in association with Corning and NEC today smashed all prior records of fiber optic transmission capacity by successfully transmitting data at 114 Gigabits per second over a single strand of fiber for up to 580 kilometers over an optically amplified link.  The standard fiber optic cable AT&T used for the test contains 320 separate optical channels, meaning through the use of just a single optical cable, it is possible to sustain a transmission rate of 36480 Gigabits per second!

That exceeds by 25% the last record setting transmission rate test and effectively doubles the distance the cable can maintain data transmission rates without unacceptable loss.

AT&T announced the results as part of their technological solution for broadband growth — deploying 100 Gigabit networks across the country to accommodate growing demand for the Internet.

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We are working on the comments editor bug reported over the weekend, which allows some Firefox users to find their comment text spilling beyond the right margin of the editor.  I am not seeing this happen myself, and I use Firefox, but we’ll be double checking the code.

The About Us section here has been completely redone.  It contains a list of our team members, a revised Mission Statement, and our new Privacy Policy.  It’s part of my effort to overhaul the information that I haven’t had time to work on since April.  The alternative provider section will be the nightmare.  I really need help from folks outside of Rochester to help me develop appropriate information for other cities.  It is far easier for me if you are willing to work within our own online editor to develop this instead of sending me a lot of text in e-mail.  The editor is very simple to work with.  All you need is a registered account here and I can extend editor access to you.

The cities drop-down menu was not designed to be “comprehensive” going-forward.  Over time, if/when additional cities become hotbeds of capping, that format will be reconsidered.

Jay Ovittore is our first Issues Coordinator, for North Carolina.  We seriously need additional coordinators, especially for Texas which is a hotbed of capping.  The requirements are simply your willingness to develop content for Stop the Cap! and to be enthusiastic and engaged in fighting back.  We can use multiple coordinators in Texas because of the various cities involved.  Use the contact form if you are interested.

There are a few additional side projects I am also working on, particularly for e-mail notification of new content/calls to action and mobile access issues.

Keep an eye out for more new things, and some adjustments to our look going forward.

Todd Spangler, who we seem to spar with on a semi-regular basis here, has another blog entry up expanding on his views of why Time Warner Cable’s metered pricing experiment failed.  Of course, completely missing from the list is the fact most customers do not want it.  That’s dangerous to say in a cable industry trade publication like Multichannel News, however.

Todd still thinks it’s all about how they did it, not the fact they did it in the first place that created what even he admits was a “category five” storm of backlash.

Clearly, the company’s idea — given that these were trials — was to have the flexibility to tweak pricing, adjust specific cap levels, etc., and not have these things set in stone. But the ad-hoc communications on the usage trials was perhaps the biggest reason this blew up.

The only “trial” here was on the customer, and the jury was stacked with Time Warner Cable executives who already found themselves innocent of extortionist pricing and market abuse.  The “tweak” most customers wanted was none at all.  What was set in stone, until the groundswell finally achieved temporary results, was that the caps were coming no matter what customers had to say.  Just ask people in Beaumont, Texas.

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North Carolina is not the only state where big telecom providers have gotten laws passed to protect their incumbency and monopoly/duopoly pricing.  From 2004, here is a list of the other states.  This may be one of the issues we may want to work on in the future.  These laws need to be repealed.  Local communities should not have their hands tied on broadband by one or two providers that only understand the word “no.”

State Barriers to Community Broadband Services

(updated December 2004)

Arkansas prohibits municipal entities from providing basic local exchange services. (Ark. Code § 23-17-409)

Florida imposes various taxes to increase the prices of telecommunications services (as distinguished from other services) sold by public entities. (Florida Statutes §§ 125.421, 166.047, 196.012, 199.183 and 212.08). Declared unconstitutional under Florida law, City of Gainesville v. Zingale, CA No. 2000-CA-00 1582 (Cir. Ct. 2d Cir., Leon Co., March 20, 2002), aff’d, Dep’t of Revenue v. City of Gainesville, No. 1D02-1582 (Dist. Ct. App., 1st Dist., Nov. 26, 2003), appeal pending in Florida Supreme Court.

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