Gilbert

Only in Texas.

Less than a day after the Texas Department of Agriculture unveiled its statewide broadband map, an opposition candidate running for the office of Agriculture Commissioner dismissed it as a re-election scheme that will never benefit rural Texas.

Hank Gilbert, the Democratic agriculture commissioner candidate, criticized the incumbent commissioner’s efforts as a cheap stunt that took four years to deliver and wasted taxpayer money.

“This is yet another stupid, sleazy, ‘look-at-me’ political trick designed to cover up the fact that he’s one of the best at wasting tax money in the history of the state,” Gilbert said. “That map will do nothing for people without broadband access.  I’m sure people on landline modems will be grateful to Todd—after the 45 minutes it takes them to actually view the map to determine, sure enough, that their area isn’t served by broadband,” Gilbert continued.

Gilbert is referring to a joint broadband mapping project by the Texas Department of Agriculture and telecom industry front group Connected Nation, which is stacked to the rafters with telecom industry executives with a vested interest in making sure those maps reflect the industry’s interests.

Current commissioner Todd Staples released the map with great fanfare, claiming 97 percent of Texas already had access to broadband service, with just three percent, representing 250,000 Texans without.  Those numbers were debatable, considering Connected Nation was involved.  In earlier mapping efforts, the group claimed ubiquitous broadband was already available over large sections of several communities, even though it turned out many of those homes could not qualify to receive the DSL service the group said was available.

Gilbert put a less fine point on it:

Texas Broadband Map (click to enlarge)

“Aside from the fact that he considers the federal stimulus dollars for broadband an excuse to gain further name recognition, what has Todd Staples really done to increase broadband connectivity in Texas,” Gilbert asked. He also questioned why TDA officials have said publicly, in the weeks prior to the map’s unveiling, that they didn’t know what areas of Texas were not served by broadband or high-speed internet access.

“It is a sad day when the agency and commissioner in charge of making sure rural areas get broadband don’t know which areas are underserved. It’s even more sad that the TDA had to depend on a public-private partnership with a non-profit agency to figure it out. I don’t think it will come as a surprise to anyone that telecom companies have far more granular information on existing service areas,” Gilbert said.

“Based on the information available on the website Staples is touting, anyone with a pulse, vocal chords, and the ability to dial the keys on a telephone could have collected this information from providers. I don’t see why it has taken Todd Staples nearly four years to do this,” Gilbert said.

Gilbert is apparently new to the broadband availability debate.  Telecom companies treat specifics about their broadband service areas and speeds as proprietary business information and will not disclose it to the government or any other third party, claiming it needs to protect the information for competitive reasons.  Earlier efforts to collect this information in other states met with stonewalling from providers.  Even the federal government has been unable to gather street-level statistics on broadband service from some providers.

But Gilbert has a point that a map project, especially with an industry front group in the mix, does not actually bring broadband to anyone.  Too often, such maps are used to block would-be competitors from getting federal broadband grant money, with nearby providers claiming the maps show the funding would help a community already served by broadband, even if it was not.  They also help paint a helpful picture for an industry seeking funding for middle-mile projects that divert broadband stimulus funding to help incumbent providers enhance their networks at the public expense.  In short, Texas cable and phone companies get to argue the stimulus program is a waste of money (unless they are recipients) because Texas doesn’t have a broadband problem.

Cue the Texas Cable Association:

“The map shows that less than 1 percent of all Texans cannot access some form of broadband, whether, wired, wireless or mobile. Yet – without this information – the federal government awarded more than $200 million in grants and loans to projects in Texas. Some of these projects propose to duplicate service in an area already served by multiple broadband providers.

“In addition, the federal government set a deadline for second-round funding applications that forced the Texas Department of Agriculture to again make recommendations without the benefit of the mapping data.

“As the federal government considers these new applications, the Texas Cable Association urges it to make its decisions based on the new Texas broadband availability map.

“Taxpayer dollars – in the form of government grants – should not be used to duplicate services or to provide free capital that allows grant winners to gain market advantage over private companies that have invested millions of dollars of their own money to make broadband available.”

The state cable lobby even has a 30 second ad running, thanks to the help of the mother-of-all-astroturf groups, Broadband for America — a front group for big cable and phone companies.

[flv]http://www.phillipdampier.com/video/Texas Cable Association Broadband Ad.flv[/flv]

The Texas Cable Association has this not-too-subtle ad promoting private investment in broadband, suggesting Texas telecoms are helping, not hurting consumers and businesses.  (30 seconds)

The Staples campaign responded to Gilbert’s accusations Texas-style — by accusing their opponent of being a crook.

Staples’ campaign manager Cody McGregor said:

“Our opponent has a criminal conviction for theft, unpaid taxes, current tax liens, and allegedly accepted a bribe for $150,000. I hope all Texans will gain access to the Internet and have the ability to view www.guiltyguiltygilbert.com and get the facts about our opponent and his campaign’s trouble with telling the truth.”

Staples’ website is way over the top, accusing Gilbert of being a “villainous Obama Democrat” who is guilty of not wearing his seatbelt and being stupid.

Todd Staples owns stock in at least two telecom companies, AT&T and Fairpoint Communications, the latter of which is probably not helping his portfolio too much considering it declared bankruptcy.

Read Gilbert’s “fact sheet” on Todd Staples’ broadband mapping project below the jump.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Repeat Offender Hank Gilbert.flv[/flv]

And you thought your state’s campaign ads were too negative.  The Staples campaign goes back to the old west to drive home a message about their opponent.  (1 minute)

… Continue Reading

This man could be one of five helping to guide the future of your broadband service. Kyle McSlarrow is the head of the cable industry lobby.

Free Press, the pro-consumer advocacy group, spent $42,000 to alert the public the fix was in at the Federal Communications Commission.

The agency has been holding secret meetings with four (now five) contenders in the battle for consumer broadband reform: Verizon, AT&T, Google, and Skype.  The Washington Post reports this morning the lack of cable industry participation we reported last night has apparently not been a problem after all.  The cable industry lobbying group NCTA is also invited.

Consumers aren’t invited.  Neither is the press.

Josh Silver from Free Press:

“It looks like yet another federal agency is catering to big business behind closed doors and ignoring the American public. It’s inexcusable that the FCC is brokering backroom deals with industry lobbyists, while pretending to run a transparent process. After the financial crisis and the oil spill, you would think the Obama administration would have learned a lesson. But we won’t stand by and watch the Internet go the way of Wall Street and the Gulf of Mexico.”

“Despite the chairman’s campaign to be transparent, it’s doing the same things as the previous administration,” added Silver.

A source at the meeting said the sides were far apart on the issues — telecommunications companies oppose Net Neutrality, content producers favor it.  Telecom companies don’t want broadband oversight, some content producers do.

Oklahoma residents — your state government needs you… to test your broadband speeds.

Mapping the state’s broadband access will require the participation of all levels of state, county, and local government as well as Oklahoma citizens. A new website makes it easy for any Oklahoman to contribute some results of their own.

All Oklahomans are invited to test their Internet connection speed at the broadband mapping website. Visitors can then select their location (work, home, or other), street address, zip code, and what Internet provider they utilize. All the data collected will be consolidated onto a map of Oklahoma depicting what areas of the state are served, underserved, and unserved by broadband.

The Oklahoma Broadband Mapping Initiative is being conducted under the direction of the Secretary of State and a partnership of several state agencies.

Mark Lowenstein was a vice president of strategy at Verizon Wireless, where helped set pricing for the carrier.

The key to turning America into a haven for Internet Overcharging schemes is Re-educating customers to accept that unlimited ‘isn’t fair,’ especially in wireless mobile broadband.

Mark Lowenstein, an industry analyst and commentator, has given his prescription to Internet providers just itching to slap usage limits and overlimit fees on consumers enjoying unlimited broadband service:  you have to Re-educate consumers to accept Internet Overcharging schemes as a “positive” rather than a “punitive” development.

Fierce Wireless, where Lowenstein’s ideas were published, left out the fact he was also a senior executive at Verizon Wireless.

Despite the billions in profits earned from today’s broadband marketplace, some in the industry want to banish “unlimited” from subscribers’ lexicons.  Sure it’s true that many companies’ investments in broadband expansion and upgrades have actually declined in the last few years, right along with the costs to provide the service.  But in a world where revenues in other parts of the business are drying up, someone has to make up the difference — you.

For AT&T, the decision was easy.  If you want the raging-popular iPhone, you’re going to need a two-year service contract and a data plan limited to 2 GB of usage per month.  Exceed that at your financial peril (or use a Wi-Fi hotspot and stay off our 3G network).  Don’t like it?  Too bad for you.  Where else will you find a subsidized iPhone?

Now that AT&T has thrown down the smartphone cap gauntlet, Lowenstein is ready to offer carriers advice on how to make their abusive pricing schemes go down better with consumers.  He wants everyone to take a crash course in computer science. Grandparents everywhere will come to understand the meaning of megabyte and get into the habit of contemplating how many of those will be eaten from usage allowances everytime they use their phones.

A key part of the transition to usage-based pricing is going to be educating users and the app development community about what a “megabyte” is, as well as developing more advanced tools and the right early warning systems to ensure wireless operators don’t end up testifying before Congress for Bill Shock, Part 2. U.S. consumers are accustomed to flat-rate pricing in all other aspects of their connected life: landline phone, wireless voice (increasingly), cable, broadband and so on.

Lowenstein considers AT&T Usage Estimator to be “nifty,” missing the irony of his own declaration that AT&T’s nasty cap means “moderate usage of anything multimedia gets you to 2 GB pretty fast.”  AT&T, he notes, also helpfully notifies customers they are about to bust through AT&T’s subjective definition of an appropriate usage allowance.

He concedes there are some “gray areas” — mere minutiae in AT&T’s greater scheme for fatter profits:

• New generation multitasking smartphones can run apps and other bandwidth-consuming features in the background, sometimes simultaneously, leading to exponential increases in data usage;
• The model of the “constant connection” means apps in the background exchanging data over the mobile network 24/7 could consume plenty of data, or perhaps not.  Few know for sure;
• Consumers are forced to pay for spam, advertising, unwanted file transfers and attachments, and other data not specifically requested;
• Family plan users now need to track something else on AT&T’s website — how much data their kids are using.  Remember the wars over cell phone voice calling plan overages and text messaging?  Wait.

In Lowenstein’s world-view, this all represents opportunity.

Among his suggestions:

1. Add special ratings to apps that are highly consumptive of content.
2. Provide notification before certain content downloads or heavy usage apps.
3. Provide a view into other family plan users.
4. Provide the option for sponsored content and value exchange.

That last one may prove to be the most controversial at all.  It assumes the Kindle model — where the content producer builds in the price of network consumption.  That would make AT&T’s day — forcing content producers to cough up money to deliver content over the same network AT&T already charges customers to access.  Who would turn down being paid twice for the same thing?  Lowenstein’s model allows for advertisers to defray part of the costs:

An advertiser or sponsor could pick up some of the network cost. Or the content publisher could bundle the price of data into the app. Users are comfortable with the “choice” model in the TV world: view it for free on broadcast or Hulu, with commercials; pay a monthly fee for the DVR service and skip the ads; or pay a premium to view that content on-demand, commercial-free.

That suggestion benefits AT&T enormously, but does nothing for content producers who can’t even sustain themselves with advertising.  Lowenstein suggests they should now seek out advertisers to remunerate AT&T?  The implications of wireless carriers deciding who gets the usage-cap-exempt content deal and who doesn’t opens a whole new Pandora’s Box.  It effectively allows a handful of companies to pick the winners and losers in the mobile broadband marketplace.  After all, if AT&T offered free videos on its own video portal but didn’t exempt other websites with the same video content, guess where users will choose to watch.

Lowenstein believes taking these kinds of steps will somehow insulate the wireless industry from charges it’s barely competitive, restricts too much, and charges even more.  Yet usage limits like AT&T’s, coming even as carriers enrich themselves with gotcha add-on plans and extra fees will speak far louder than AT&T providing customers a guide on how to be abused by the wireless carrier just a little less.

I also think how usage-based pricing is handled in wireless will be closely watched in the wired broadband world. Consumers have become accustomed to flat-rate pricing for unlimited data from their broadband provider. But with the exponential growth of video consumption, and the notion of more TV and movie programming being downloaded from or streamed via the Internet, usage-based pricing for certain types of content or highly consumptive customers might be coming to a broadband neighborhood near you.

The “unlimited” ride might be coming to an end, but there’s an opportunity to implement it in a positive, rather than a punitive, manner.

In spite of Lowenstein’s love of telecom industry talking points (hardly a surprise considering he works for that industry), his notions that consumers will accept increasing broadband bills even as the level of service provided is reduced makes him not only wrong, but hopelessly out of touch.

Frenzied stock trading of shares of Frontier Communications began Tuesday as bearish investors placed a record number of bets the company would lose more than a third of its value by August.

Nearly 87,000 “puts” on Frontier changed hands, which is 66 times the monthly average.  This form of derivative trading lets an investor sell stock at a pre-specified, fixed price within a limited time frame, even if the stock price crashes.  These “puts” are comparable to insurance policies, usually sought by investors who believe a stock is about to rapidly decline in value.

Almost all of the volume was generated in two major trades yesterday.  Investors bought July and August puts at the $7.50 level, which suggests at least some investors are betting Frontier stock will decline below that amount.  If it does, they can still sell shares at $7.50.  Frontier fell 17 cents to $7.69 in New York Stock Exchange composite trading Tuesday. It has dropped 1.5 percent so far this year.

Speculation about why the sudden pessimism about Frontier Communications was sprinkled throughout the financial press.

“The motivation for the trades could be outright bearish,” Caitlin Duffy, an equity options analyst at Greenwich, Connecticut-based Interactive Brokers Group told Bloomberg News. “But it could also be someone buying downside protection if they’re long with a large position in Frontier.”

One factor they may be forgetting is the recent completion of Frontier’s acquisition of Verizon landlines in more than a dozen states.  On July 1st, Verizon will spin off its entity New Communications Holdings Inc., created specifically for the tax-free sale, to Frontier.  In effect, Verizon shareholders will suddenly own between 66 and 71 percent of the shares of Frontier and Frontier stockholders will be left with the remaining 29-34 percent.

Should Verizon shareholders decide that Frontier could follow earlier Verizon spinoffs into financial disaster, they’ll want to dump their shares of Frontier stock as fast as possible, causing the share price to plummet.  Those investors buying “puts” may be guessing that is precisely what is about to happen, and they’re hedging their bets.