Sen. David Hoyle (D-NC)

Retiring North Carolina state senator David Hoyle wants to save North Carolina cities from themselves.  Proclaiming that “cities are getting into the broadband business with little or no experience and competing with private enterprise who pay the taxes,” Hoyle continues his push to put a stop to municipal broadband projects in North Carolina.

A week after Hoyle and a few allies on the Revenue Laws Study Committee pushed forward a draft bill that would require public referendums that could be triggered even when making basic repairs to community-owned fiber networks, IndyWeek reports Hoyle doesn’t exactly come to the debate with clean hands.

Rebekah Cowell, in a piece called “Hoyle to municipal broadband: Drop Dead,” notes Time Warner Cable’s PAC contributed $6,000 to Hoyle’s final campaign in 2009.

Hoyle told Cowell he is not swayed by Time Warner Cable’s deep involvement in pushing the legislation forward, despite the generous contribution to his campaign coffers.

“The lobbyists don’t influence me,” he said. “I’m in the pocket of the people that provide jobs for this state, and Time Warner Cable employs 8,500 in this state, and I can’t imagine any one that would want to compete with that.”

Time Warner Cable told IndyWeek it doesn’t philosophically oppose municipal broadband projects, and claims Hoyle’s bill would only apply to a city that chooses to take taxpayer money to build a competing network as if it were a private provider. “We just believe that they should have to operate under the same rules as the private provider,” Melissa Buscher, director of media relations at Time Warner Cable told Cowell. “We do believe people in the community should have a say-so in how large amounts of public monies are spent.”

Buscher

Yet the legislation proposed by Hoyle actually impacts projects that receive no public taxpayer dollars.  Under his proposal, any municipal project seeking private bondholders has to endure an endless series of referendums on everything from initial system approval, construction, refinancing debt, extending service, upgrading the network, and even when basic system repairs are needed.

Time Warner Cable’s concern for public tax dollars only seems to extend to their potential competitors.  The cable operator itself gratefully accepted public tax dollars from the state Department of Commerce, the city of Charlotte, and the county of Mecklenburg to construct a $29 million dollar headquarters building in Charlotte.  Even in smaller communities, the cable operator enjoyed benefits from taxpayers who didn’t have a “say-so in how public monies are spent.”  In December, Marble Cliff Village Council approved an economic development agreement with Time Warner Communications including a five-year tax abatement worth $100,000.

North Carolina’s phone companies also benefit from state taxpayers.  As IndyWeek reports:

A 2009 analysis by Democracy North Carolina [shows] two telecommunications companies, AT&T and Embarq, both benefited from tax breaks on the purchases of telephone equipment that costs the state an estimated $31 million annually in lost revenue. In 2008, political action committees for AT&T and Embarq contributed $140,500 and $151,250, respectively, to legislative candidates, statewide candidates and party committees.

Hoyle apparently has no problem with losing that tax revenue.

Hoyle’s claims that municipal broadband projects hurt North Carolina consumers are untrue in cities like Wilson, the only community in North Carolina that successfully avoided a Time Warner Cable rate increase this year.

Time Warner customers in Wilson are benefiting from Greenlight’s competition. According to a December 2009 presentation before the House Select Committee on High Speed Internet Access in Rural and Urban Areas, Time Warner raised its prices for basic service in the Triangle—as much as 52 percent in Cary—but did not impose any rate hike in Wilson. Nor did the company increase prices in Wilson for the digital sports and games tier, while Triangle customers paid 41 percent more.

Cable and broadband consultant Catharine Rice of Action Audits gave the presentation; she advocates for municipalities that want to build their own networks.

The bill could hurt Wilson’s Greenlight service, even though it’s been installed. “The way the legislation is worded, and how I interpret it,” says Ovittore, “is that if the city of Wilson … had a resident who was digging in their yard—let’s say putting a new mailbox in—and accidentally damaged a strand of fiber, before that strand could be repaired the city would have to go through a referendum and vote, spending endless taxpayer dollars.”

A public referendum could also be required if Wilson wanted to connect an additional household to their existing system, Ovittore said.

Hoyle says that of the $30 million to build the network, Wilson used $12 million of it from the utility account. “People there are raising hell about their electricity bill, and it’s just not right,” he said.

Brian Bowman, Wilson’s public affairs manager, said the city borrowed the $28 million on the private market. As for Hoyle’s $12 million figure, Bowman said, much less—only $3.6 million— had been set aside from the electric fund by City Council in 1989; it was re-designated in 1999. “It has always been part of our funding package,” he said. As for the electric bills, Bowman said they were higher earlier this year because of the particularly cold winter, not the cost of the network.

Wilson accomplished its municipal broadband system without spending a nickle of taxpayer money.  Other North Carolina communities considering similar projects would run into overwhelming problems overcoming Hoyle’s telecom-friendly legislation because of its referendum requirements.

Hoyle told IndyWeek he doesn’t see the need for such projects anyway, claiming fast broadband is already universally available across the state.

“I’ve heard that BS, and it’s just not true—period,” he said. “Anybody that needs service has got served in this state and will continue to get served.”

Hoyle’s words sound a lot like those of Time Warner Cable, which also contends broadband availability is not an issue. “Based on a map of the state done in 2009 by Connected Nation, more than 92 percent of homes in North Carolina have broadband available to them,” said Buscher. “A vast majority of those have two wireline providers, some have wireless providers, plus satellite offers broadband to literally every home in the state. This isn’t an availability issue. Anyone who wants Internet service can get it today.”

Those claims are dubious. Chatham County Commissioner Tom Vanderbeck has advocated for rural broadband access since 2006 in an area where pockets still have only dial-up and DSL. Vanderbeck was recently appointed by the General Assembly to serve on the e-NC Authority, which promotes statewide rural broadband. He calls Hoyle’s bill anti-competitive, one that would discriminate against local government.

[…]

“Requiring a vote, when you have deep pockets that can fight it and put up as much money as they want, while making the project sound like a waste of taxpayer dollars—that would be a tragedy,” she adds.

Anyone who proclaims satellite fraudband represents a credible broadband competing alternative should be forced to use it.

Connected Nation, which Buscher relies on for her numbers, has a board dominated by telecommunications company executives, particularly AT&T.  With their private provider-stacked leadership, they can draw the maps anyway they please, particularly in ways that suggest there isn’t a broadband problem in North Carolina… or anywhere else.  Not as long as they are running it.

[Editor’s Note: While not a traditional story we’d normally cover, this one has implications for every satellite and cable customer, and was unusual enough to bring to your attention.]

Intelsat's Galaxy 15, pictured above, has gone rogue

A satellite now drifting out of control threatens to interfere with dozens of American cable networks as it intrudes into a neighboring satellite’s assigned slot.  Intelsat’s Galaxy 15 positioned at 132ºW is on the move, less than one degree away from its next door neighbor,  SES World Skies-owned AMC 11 (131ºW).  Intelsat technicians lost control of the satellite on April 5th, and although the satellite continues to operate at full power, capable of delivering a hundred of more digital television signals to viewers on Earth, Intelsat can no longer keep the satellite in its assigned position.

Communications satellite failures are not as rare as their owners wish.  Solar storms have the power to wipe out a $250 million dollar investment required to build, launch, and operate a satellite in mere minutes.  Intelsat speculates a solar storm may be responsible for Galaxy 15 going rogue.

The majority of communications satellites are locked into a geostationary orbit, which means a satellite dish can be fixed to point to a particular satellite and never require repositioning.  Satellites are equipped with small jets that can be fired to maintain a satellite’s position.  Without them, orbiting satellites would begin to drift, and in a neighborhood where only a degree or two separates satellites, it doesn’t have to drift far to create major problems.

The result of Galaxy 15’s unplanned adventure is imminent interference to its next door neighbor, AMC 11. Since both satellites share the same frequencies, that guarantees as long as Galaxy 15 is powered up, a mix of the two satellite’s signals is guaranteed.

“That fact means that there is likely to be some kind of interference,” Yves Feltes, a spokesman for AMC 11 owner SES World Skies, told The Associated Press. “Our aim is to bring any interference down to zero.”

Nearly every signal on AMC 11 is a digitally compressed, encrypted cable network intended for the United States.  By May 23rd, if the companies do nothing, the interference will increase the digital signal error rate high enough to blank out the channels for the duration.

Intelsat engineers intend to continue efforts to re-establish contact with the satellite.  If they don’t succeed, the satellite will next intrude on Ciel 2 and EchoStar 14 (129ºW) which deliver programming for DISH Satellite Network customers, Galaxy 13/Horizons 1 (127ºW) which delivers international channels and several feeds of HBO, Starz, and other cable networks, and AMC 21 (125ºW), used mostly by PBS.

Current occupants of AMC 11 can potentially be relocated to other satellites for the duration, although that could create nightmares for cable systems nationwide forced to adjust reception equipment for dozens of popular cable channels.

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ABC News’ Good Morning America ran this story on the zombie satellite and its potential impact on cable viewers nationwide.  (2 minutes)

The list of potentially impacted channels on AMC 11 is enormous:

Cable Networks

(East and West refers to individual feeds intended for the east coast and west coast of the United States, the latter delayed three hours)

• Hot Choice (Adult movies/Pay-Per-View)
• In Demand 1-7 (Pay-Per-View)
• Lifetime East & West
• Lifetime Movie Network
• Lifetime Real Women
• Hallmark Channel US East & West
• Hallmark Movie Channel East & West
• C-SPAN & C-SPAN Radio
• E! East
• The Style Network East
• G4 TV East
• Food Network East & West
• DIY Network USA
• Fine Living Network USA
• HGTV East
• Great American Country
• QVC HD & QVC USA
• A&E East & West
• History Channel – East, West & en Español
• The Military Channel
• Crime & Investigation Network USA
• The Weather Channel
• NESN (New England Sports) NE, Maine, Alternate, Boston & Providence
• Catholic TV
• MTV West, MTV 2 East, MTV Jams, MTV Hits, & MTV Tr3s East
• VH1 East & West, VH1 Classic East & VH1 Soul
• CMT East, West & Pure Country
• Nickelodeon East & West, Nick Jr USA, TeenNick, NickToons USA, & Nick Too
• Logo East
• The Learning Channel (TLC) East & Canada
• Discovery Familia, Discovery en Español, Discovery Health Channel East & West, Investigation Discovery USA & Discovery Kids USA
• HD Theater
• TV Land East & West
• Spike TV East & West
• Comedy Central East & West
• Showtime East, Showtime 2 East, Showtime Showcase East, Showtime Beyond East, Showtime Extreme East, Showtime Next East, Showtime Family East, & Showtime Women East
• The Movie Channel East & The Movie Channel Xtra East
• Flix East
• The Science Channel
• Planet Green
• Fit TV
• BBC America
• CNBC World
• Bravo East
• Chiller
• Mun 2 East
• TeleFutura East & West

Broadcast Networks & Stations

• The CW
• Telemundo East & West
• Univisión East & West
• WNBC-TV New York

(Channel List Courtesy: LyngSat)

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Spacevidcast Daily got a bit more technical about the satellite mishap, and how it might get resolved.  (3 minutes)

While the Federal Communications Commission hand-wrings over how far to dip its toe into the shark-infested water of corporate-controlled broadband, Finland has launched a major investigation over charges of price-fixing and collusion by the country’s major broadband providers.

The Finnish Communications Regulatory Authority (FICORA), equivalent to the Federal Communications Commission or the Canadian Radio-television and Telecommunications Commission, started the investigation over what it calls “gross overpricing” after receiving complaints from TeliaSonera that it was forced to pay outrageously high “local loop” prices to the former state-owned incumbent telephone company, Elisa Oyj.

The “local loop” refers to a part of a telecommunications network used for providing broadband subscriptions to end-customers. When an operator sells broadband outside its own operating area, it must lease part of a local loop from the operating area’s telecom operator. The sound pricing of the local loop market is a prerequisite for telecom operators to be able to compete in each other’s operating areas and thus be able to provide inexpensive broadband services to consumers.

“The authority has discovered flaws and problems in the pricing of several telecom operators, and there is even reason to suspect that unlawful activity occurs in the broadband market,” FICORA said in a statement.

Within three months, Elisa must reduce its pricing to a level based on actual costs and deliver new price tariffs and cost calculations to FICORA. According to FICORA’s calculations, the unreasonability of pricing is significant. For example, the monthly price of a local loop must be reduced by more than 20 percent.

“The objective of the provisions is to prevent operators with significant market power from enjoying a monopolistic pricing capability, promote competition and thereby ensure versatile and reasonably-priced telecom services for citizens,” FICORA states.

Finland telecommunications law does not allow corporate providers to gain the upper hand over consumers.  FICORA aggressively oversees the Finnish broadband market to ensure no individual company or group of companies can collude to set prices artificially high, discourage competition, or deliver sub-standard service in non-competitive areas.

Finland was the first country in the world to declare broadband a universal right, and every citizen should have access to at least 1Mbps service no later than this July.  By 2015, Finland plans to deliver universal access to at least 100Mbps service.  Finland is a world leader in broadband adoption — as of 2007 a full 79 percent of Finns regularly access the Internet.  With universal access a national priority, FICORA referees the private marketplace to make sure the Finnish people benefit the most from the broadband revolution.

The Authority has warned other operators to either voluntarily review their pricing, or face the potential consequences of further investigations extending into the summer and autumn of this year.

WIVB-TV in Buffalo covered the latest Digital Phone outage in its newscast

Last Friday, Time Warner Cable customers across the country found their Time Warner Cable Digital Phone service wasn’t working.

Although the company claimed the outage began at around 8:30am, some Buffalo residents noticed service was out when they got up at 5:30 that morning.  Service was not fully restored for all customers until lunchtime.

According to WGRZ-TV, Time Warner Cable refused to make a spokesperson available to appear on camera, but the company later did issue a written statement which made news across the state.

“Several thousand Time Warner Cable Digital Home Phone customers in the Northeast may have experienced an intermittent service outage early Friday morning. Engineers have now deployed a fix and customers who were experiencing this issue have had service fully restored,” wrote Time Warner Cable spokesman Jeff Unaitis.

Unaitis also claimed the outage did not impact the majority of their “Digital Phone” customers, although newsrooms heard otherwise from upset customers.  In fact, the outage impacted customers across the country.

This is the second time in three months the company suffered a major phone service outage in its Northeast division.

Last Friday’s disruption caused more than 60,000 Time Warner Cable phone customers in the Carolinas to be without service.  Southern Californian Time Warner Cable customers were also unable to make or receive calls.

When asked whether customers would be given credit for the outage, Unaitis hedged:

“This morning’s outage was intermittent, did not impact the majority of Digital Home Phone customers, and was resolved before noon. Therefore, we will work with customers on a case-by-case basis if they believe they were affected by the disruption in service.”

In other words, customers experiencing outages have to specifically request credit from the company or they won’t get it.  You can request credit online by visiting the Time Warner Cable website, selecting your area, and then using the link to Customer Support to access the Contact Us section of the website.  You can also call your local Time Warner Cable office.

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WIVB-TV in Buffalo ran this brief report on their noon newscast to alert area residents about the widespread phone outage impacting Time Warner Cable.  (1 minute)

NoNetBrutality characterizes itself as a "grassroots campaign," but new evidence suggests it's actually just another telecom industry-backed astroturf group pretending to represent consumer interests.

On April 12th, a new voice joined the opposition to Net Neutrality reforms.  That was the date someone registered the domain name NoNetBrutality.com.  Just a few short days later, the group launched a basic website with a mission:

NoNetBrutality.com is a grassroots campaign with a triple mission. It seeks:

(1) to raise public awareness for the imminent threat of government take-over of the internet,
(2) to bring all net neutrality opponents together under one common banner,
(3) to petition the FCC not to go ahead with its attempts to regulate the internet.

NoNetBrutality.com was initiated by six liberty-minded activists from six different countries who fear that the current attempts of the U.S. government to restrict access to the internet might soon be followed by other governments if we don’t fight these flawed and dangerous ideas now – before they take root elsewhere.

The NoNetBrutality.com campaign was created by Kristin McMurray (United States), Yolanda Talavera (Nicaragua), Vincent De Roeck (Belgium), David MacLean (Canada), Huafang Li (China) and Aykhan Nasibli (Azerbaidjan), and formally launched in Washington D.C. on April 14th, 2010.

The group’s talking points about Net Neutrality are eerily in lockstep with those distributed by large phone and cable interests who oppose net freedom:

Net neutrality will take away incentives to invest and innovate – that means the internet will stop improving. Do you really want an internet czar to run the worldwide web and bureaucrats in charge of cyberspace?

Net neutrality will literally put the internet in “neutral.” Demand for Youtube, Bittorrent and streaming will grow, but who will pay for additional bandwidth if they aren’t allowed to charge for it anymore? Less options and less freedom for the consumers will be the ultimate consequence of these flawed ideas.

The FCC and others aim to regulate the internet in the same way as they control the television… There’s the real censorship! What will be the next step? Once the government has the mechanism in place to restrict internet access and to set prices, it is only a tiny step towards content control and taxes on internet use.

Everybody agrees that the internet is a resounding free market success story. If it isn’t broken, why fix it?

You know what that means — that “grassroots campaign” is in reality yet another corporate-backed astroturf campaign desperately trying to hide its true backer — the telecommunications industry.

Here’s what NoNetBrutality left out of its “facts”:

1. YouTube is owned by Google, which is a strong believer in Net Neutrality.
2. No online service has suffered more at the hands of Internet Service Providers’ throttles than Bittorrent.  Net Neutrality would ban those throttles.
3. The group ignores the multi-billion dollars in profit the broadband industry earns today from Internet service that is increasing in price at the same time costs to provide it are rapidly falling.
4. The FCC proposes no content controls for broadband — only consumer protections to prohibit providers from manipulating broadband traffic for money.
5. Everyone does not agree that the Internet is a “resounding free market success story.”  In fact, the United States has lost its former lead on Internet speed and adoption, and today is still dropping.  We now have worse service than many Asian and East European countries, and providers are trying to test new Internet Overcharging schemes t0 limit consumption and increase prices even higher.  That’s success?  Only for them.

So who is NoNetBrutality.com and Kristin McMurray, the American creator of the campaign?

McMurray's day job is to develop and run social media campaigns for corporate interests seeking to build support for their public policy agenda

Kristin McMurray is a social media strategist — a hired gun for corporate interests that want social-network-street-cred but don’t exactly know how to create an authentic-looking campaign that fulfills their corporate agenda.

McMurray has a history with corporate-backed conservative think tanks, particularly Americans for Limited Government, a group the nonpartisan Center for Public Integrity reports is 99 percent funded by three unnamed sources.  The group has routinely denied requests to identify where their backing comes from.  She also was hired to run a campaign for a climate change denial group.

McMurray tracks her site visitors carefully with Alterian’s SM2, a social media monitoring and analysis solution designed for PR and Marketing professionals. Alterian SM2 “helps you track conversations, review positive/negative sentiment for your brand, clients, competitors and partners across social media channels such as blogs, wikis, micro-blogs, social networks, video/photo sharing sites and real-time alerts.”

Grassroots this isn’t.

Accidental Evidence: The Consequences of An Exposed PowerPoint Presentation

Someone left their PowerPoint slides laying around for anyone to pick up and review.  That turned out to be about as foolish as the guy who left his field test version of Apple’s newest iPhone in a bar.

Now the truth can be told.

Think Progress managed to obtain a copy of the presentation, and it says quite a bit about just how much grassroots are actually growing at NoNetBrutality.com.  Let’s put it this way, if you were allergic to actual grass, you’d have no problems at all rolling around in NoNetBrutality’s astroturf.

It turns out NoNetBrutality is the creature of the Atlas Economic Research Foundation and Grover Norquist’s Americans for Tax Reform, itself heavily backed by corporate interests.

And you thought it was “six liberty-minded activists from six different countries.”  Not so much.

Atlas, which counts among its proud moments a corporate strategy to protect Big Tobacco, helps corporations coordinate their front group strategies.  Norquist takes corporate agendas and spins them into grass roots efforts in return for money.  He was caught up in the Jack Abramoff scandal when the disgraced lobbyist promised one of Norquist’s front groups $50,000 in exchange for “grassroots” support.

Of course, you aren’t supposed to know any of this.  Groups like NoNetBrutality are designed to hide their true ties and claim they are run by ordinary concerned citizens making their individual voices heard.  Too bad that PowerPoint presentation blew the lid off by telling a much different story.

One of the PowerPoint slides that wasn't supposed to become public knowledge

Net Neutrality is like what China does: “Putting policemen on every corner, on the street or on the Internet.” — Grover Norquist

Norquist’s bizarre interpretation of Net Neutrality shines through in NoNetBrutality’s own campaign.  On one of the PowerPoint slides, NoNetBrutality even cooks up a Chinese blog to underline Norquist’s world view that Net Neutrality can be compared with Chinese government censorship.

Every astroturf group has a target audience.  NoNetBrutality is no different:

Target Groups

• Libertarian like minded Internet users and video gamers
• Fiscal and Social Conservative Activists, Campaigners and Think Tanks
• Internet Service Providers and Communications companies
• Policy makers (Legislators, Regulators, Public officials)

For groups like NoNetBrutality, getting corporate and conservative support means being a cog in the wheel at Grover’s infamous Wednesday strategy sessions.  One of the PowerPoint slides calls attention to just how important these meetings are in the effort to coordinate opposition to consumer-friendly broadband reform.

Now that the cat is out of the bag, outraged consumers have invaded the group’s primary social media outlets.  Their Facebook page is now loaded with comments from those upset about the fact the entire effort is little more than another bought-and-paid-for deception effort from the telecom industry.  Twitter is now used more to expose the group than to promote it.

The ironic part is that the very group that seems so alarmed by the prospect of “government censorship of the Internet” has no problems censoring its own Facebook page to remove posts that it determines are “off topic” or “not polite.”

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[Update Wednesday 3:20pm — This “group” came out of the closet this morning as a “class project” funded by Atlas, and attacked Think Progress for overreaching as to the group’s own importance in the Net Neutrality debate.  You can read my extended thoughts on today’s developments in the Comments section.  In short, I think today’s revelations may actually do even more damage to their credibility than earlier thought.  What does it say about a group of people willing to attend a “school” (and the “school” itself) that actively teaches how to develop and launch highly-deceptive fake grassroots campaigns designed to fool consumers?  Today they are downplaying the entire affair as “funny,” but if you were a visitor to their website, would you be laughing to learn the group isn’t really run by “six liberty-minded activists from six different countries” but rather those budding to learn the craft of sock-puppetry?

I think it’s sad some people have a moral code that says intentional deception in a public policy fight is just fine.  When you lie to your supporters and opponents about who you really are, and then say it’s “funny” when you come clean later,  they are left with little more than to ponder whether you were lying to them then or lying to them now.]