ALEC Rock: How Big Corporations Pass the Laws They Write Themselves

Phillip Dampier August 1, 2012 Astroturf, AT&T, CenturyLink, Charter Spectrum, Comcast/Xfinity, Community Networks, Consumer News, FairPoint, Public Policy & Gov't, Rural Broadband, Sprint, Verizon, Video Comments Off on ALEC Rock: How Big Corporations Pass the Laws They Write Themselves


ALEC Rock exposes the truth about how many of today’s bills are actually written and passed into law with the help of a shadowy, corporate-backed group known as the “American Legislative Exchange Council” (ALEC). Counted among its members are: AT&T, CenturyLink, Charter Communications, Comcast, FairPoint Communications, Sprint, Time Warner Cable, and Verizon. ALEC works on elected members of state legislatures to deregulate phone and cable service, eliminate consumer protection/oversight laws, ban publicly-owned broadband networks, and let phone companies walk away from providing rural phone service at will.  (2 minutes)

Four Telcos-Four Stories: Rural Broadband Critical/Irrelevent to Our Success — Today: AT&T

Phillip Dampier August 1, 2012 Astroturf, AT&T, Community Networks, Competition, Consumer News, Editorial & Site News, Public Policy & Gov't, Rural Broadband, Wireless Broadband Comments Off on Four Telcos-Four Stories: Rural Broadband Critical/Irrelevent to Our Success — Today: AT&T

Four of the nation’s largest phone companies — two former Baby Bells, two independents — have very different ideas about solving the rural broadband problem in the country. Which company serves your area could make all the difference between having basic DSL service or nothing at all.

Some blame Wall Street for the problem, others criticize the leadership at companies that only see dollars, not solutions. Some attack the federal government for interfering in the natural order of the private market, and some even hold rural residents at fault for expecting too much while choosing to live out in the country.

This four-part series will examine the attitudes of the four largest phone companies you may be doing business with in your small town.

AT&T’s real priorities are to satisfy Wall Street demands for regular revenue growth. Rural wired broadband just cannot compete with the margins the company earns on its enormously profitable wireless and ARPU-raising U-verse services. (Graphic adapted from original work of Mark Fiore)

Today: AT&T — More Rural Broadband? Don’t Call Us, We’ll Call You

AT&T CEO Randall Stephenson earlier this year declared expansion of its U-verse fiber to the neighborhood service “largely complete,” despite the fact almost half of AT&T’s customers only have access to much slower DSL service, or cannot receive any broadband service at all.

For those living in AT&T’s service areas, which include a large portion of the midwest, southern states east of the Mississippi, Connecticut, and parts of California and Texas, Stephenson has not inspired confidence the company is rethinking what is possible in rural broadband.

“We have been apprehensive on moving, doing anything on rural access lines because the issue here is, do you have a broadband product for rural America?,” Stephenson told investors earlier this year. “And we’ve all been trying to find a broadband solution that was economically viable to get out to rural America and we’re not finding one to be quite candid.”

AT&T’s lack of confidence this year is in contrast with their bombastic rural broadband lobbying campaign of 2011, launched as part of an effort to win approval for its aborted merger with T-Mobile USA. The company sent slick talking points promoting the deal to community groups it supported with contributions, politicians it bought with contributions, and astroturf efforts it bankrolled with contributions.

The result was declarations like this from former Rep. Rick Boucher (D-Va.), who swept through Washington’s revolving door and came out on the other side working for AT&T-backed lobbyist-law firm Sidley Austin and serving as an “honorary chairman” of the industry-backed Internet Innovation Alliance:

Thousands of the smallest communities outside of urban areas either lack broadband service or have just one option that can be pricey for a relatively low connection speed, inadequate for modern business demands. The joining of AT&T’s and T-Mobile’s wireless spectrum will largely fill the gap and bring robust Internet connectivity to rural localities where wired infrastructure is cost prohibitive.

With the merger now nothing more than a bad memory, Stephenson’s interest in the innovation of Internet access quickly faded.

Last week, AT&T customers learned the company isn’t even interested in taking free money from the federal government and ratepayers to do better. Offered access to $115 million in broadband subsidies from the reform of the Universal Service Fund (USF), AT&T officials shrugged their shoulders and indicated they were not interested because they are not yet “ready” to participate.

Quinn

“AT&T is in the midst of evaluating its options for further rural broadband deployment,” said Robert Quinn, AT&T’s senior vice president of regulatory affairs wrote in a letter to the commission. “As our chairman stated last month, we are optimistic about AT&T’s ability to get more broadband into rural areas, particularly as the technology continues to advance. However, until AT&T finalizes that strategy, it cannot commit to participating in the incremental support program. ”

For communities like Orangeburg, S.C., that answer is not good enough. The community received an $18.65 million federal grant of broadband stimulus funds to develop high-speed broadband in an area where only 20-40 percent of residents have Internet service today. AT&T is the dominant phone company and offered the same non-committal response to Orangeburg’s pleas for better service that the  company gives to customers elsewhere.

While AT&T reports it is not yet ready to do better in rural South Carolina, it is very motivated to make sure nobody else does either, funding a massive lobbying effort in coordination with its friends at the American Legislative Exchange Council (ALEC) to pass a virtual ban on community broadband development across South Carolina.

Christopher Mitchell at Community Broadband Networks calls it “monetizing scarcity.” Orangeburg officials call it a big headache and are working around AT&T, frustrated with the phone company’s disinterest while it also helps build barriers to impede the community’s efforts to build its own network.

“If some of these other providers had a desire to serve these rural areas, they would have already been doing it,” said county administrator Bill Clark. “We are entering the broadband business because third-party providers are reluctant to provide the service.”

AT&T’s reluctance to accept USF money may have a lot to do with the company’s focus on its wireless network which is seen as a much more lucrative investment. Profit margins for barely-competitive wireless service remain sky high, and are growing higher as AT&T raises prices and the industry works to cut costs.

Even the company’s urban-focused U-verse network delivers opportunities for greater revenues from AT&T customers likely to buy additional services. Investing in DSL just does not pull in the same level of profits, and companies like AT&T will remain reluctant to expand rural broadband unless the government delivers a much larger government subsidy, according to Benjamin Lennett, a policy director at the New America Foundation.

“It underscores how flawed it is to rely on private companies to serve these rural areas where their margins are not going to be that high,” Lennett said.

Unfortunately for communities trying to work around AT&T’s roadblock, the company has made sure towns and villages building their own networks soon discover that road remains closed in more than dozen states thanks to  AT&T with the help from corporate groups like ALEC, who feed willing legislators bills often drafted by the corporations they are designed to protect.

Verizon Wireless Settles 4G Tethering Complaint, Pays $1.25 Million Settlement

Verizon Wireless has settled a complaint brought by consumer group Free Press that accused the wireless carrier of violating federal rules allowing customers to use their phones as mobile hotspots or for tethering with the apps of their choosing.

The Federal Communications Commission announced Verizon had agreed to pay $1.25 million to the U.S. Treasury for violating the conditions of its 700MHz “C”-Block licenses, which carry the provision that Verizon not “deny, limit, or restrict” customers from using the applications or devices of their choosing.

Instead of abiding by those rules, Verizon Wireless reportedly pressured Google to disable and restrict tethering applications in the Google Play Store, forcing most customers to purchase Verizon’s Mobile Hotspot/Tethering service which, at the time, was priced at an additional $30 a month. Verizon Wireless’ recent plan changes now include tethering and mobile hotspot service for no additional monthly fee, although customers are subject to usage caps and overlimit fees.

“The FCC sent a strong signal to the market that companies cannot ignore their pro-consumer obligations,” said Free Press policy director Matt Wood. “Unfortunately, the fact that Verizon worked to block these apps in the first place is a clear indication that wireless providers have a strong incentive to discriminate against certain content and applications, an incentive that continues to threaten online freedom and innovation.”

Free Press notes consumers of other carriers lack the same protection Verizon’s customers have under the law. Verizon agreed to the more consumer-friendly language as part of its purchase of the frequencies where the company operates its 4G network.

Comcast Brings Back Its Usage Cap… Now With Overlimit Fees for Your Inconvenience

Mr. Greedy has just landed in Nashville and wants another $10 from Comcast customers who blow through their allowance.

Comcast’s temporary withdrawal of its 250GB usage cap did not last long. Although the company rescinded its usage limit in May to consider new options on how to handle “heavy users,” it hinted caps might be back, sometimes accompanied by automatic overlimit fees for customers who exceed their allowance.

Broadband Reports has learned Comcast plans to introduce a new 300GB usage cap on its customers in Nashville with an overlimit fee of $10 for each 50GB a customer runs over their limit.

Comcast customers in Nashville were told in an e-mail message from the company the new usage cap and overlimit fee represented “an evolution” for Comcast’s broadband service.

From Comcast’s website in Nashville:

When you exceed 300 GB of data usage, you will receive an email, an in-browser notice and an additional 50 GB will be automatically allocated. In order for customers to get accustomed to the new data usage management plan, we will be implementing a courtesy period. That means you will not be billed for the first three times you exceed the monthly 300 GB allowance during a 12-month period. Should you exceed the monthly allowance after the courtesy period expires, you will automatically be charged $10 each time we need to provide you with an additional 50 GB of data for usage beyond your plan.

How generous of them.

Customers traveling southeast from the city down Interstate 24 can be in Chattanooga in several hours and experience EPB Fiber — a community broadband provider that provides speeds up to 1,000Mbps and does not have usage caps, nor a “need” to charge customers another $10 whether they exceed their usage cap by 1 or 49 gigabytes.

Comcast’s newest Internet Overcharging scheme takes effect Aug. 1, and currently applies only to Nashville customers. Those who want to give Comcast a piece of their mind about the subject of usage caps can share their feelings by calling Comcast Customer Security Assurance at 1-877-807-6581 to speak with a service representative. Let them know you want no part of Comcast’s unnecessary usage caps and overlimit fees. If EPB and Google Fiber can offer unlimited broadband without any problems, so can Comcast. Let them know how you feel.

Canada’s Analog Public TV Shuts Down Forcing Rural Viewers to Pay Cable, Satellite Services

Phillip Dampier July 31, 2012 Audio, Canada, Consumer News, EastLink, Public Policy & Gov't, Shaw Comments Off on Canada’s Analog Public TV Shuts Down Forcing Rural Viewers to Pay Cable, Satellite Services

The Canadian Broadcasting Corporation today shut down more than 600 analog television transmitters primarily serving rural viewers, forcing most to either go without television to sign up for commercial satellite or cable television service.

Because of Canada’s great expanse, the country’s public broadcaster has relied on hundreds of terrestrial low-power television transmitters to cover smaller communities and rural areas outside of the reach of CBC stations in larger cities. These transmitters provide relays of 27 regional English and French stations and have allowed rural residents to enjoy free over-the-air television.

While larger communities are now able to watch digital television signals in place of older analog service, the CBC has decided not to replace existing analog repeater transmitters with digital ones, effectively ending service for many rural Canadians who will now receive no over the air signals at all. Budget challenges and a decision from the CRTC that declared the CBC has no obligation to broadcast its programming has been met with resistance across rural Canada, particularly because taxpayers in cities large and small finance the CBC’s operations.

As of today, the CBC will rely entirely on the 27 digital television stations it will continue to operate over the public airwaves nationwide. Critics say that is contrary to the CBC’s mandate in the Broadcasting Act, which declares the CBC is Canada’s “national public broadcaster.”

 “The TV transmitter infrastructure is worth millions and was paid for by Canadian taxpayers,” says Catherine Edwards of the Canadian Association of Community Television Users and Stations. “More than 2000 Canadians protested the shutdown in letters to the CRTC last month. They asked that the infrastructure be offered to communities to maintain for themselves. The federal government seems to be doing everything it can to cripple the national broadcaster and turn it into a pay specialty service, available to well-heeled Canadians in big cities.”

“The CBC-TV and Radio-Canada analog transmitter shutdown is a sad chapter in Canada’s digital transition,” says Karen Wirsig of the Canadian Media Guild. “We understand that CBC is in a financial bind with $155 million in cuts required by 2015. Something had to give. Evidently infrastructure outside of major cities is not a priority for the federal government, despite rhetoric about the digital economy.”

The CBC says the change will impact only 2 percent of Canadians that do not already receive digital television service or have signed up with a pay television provider. But the concept of “free TV” has changed forever for rural viewers.

For some cable viewers, the CBC’s digital solution is also presenting problems, especially in the Maritimes. In rural Newfoundland and Labrador, EastLink viewers may lose their closest local CBC station and be forced to watch programming from a CBC station is Halifax, Nova Scotia instead, at least until Shaw begins carrying additional CBC stations on satellite.

The Canadian Broadcasting Corporation today shut down more than 600 relay transmitters providing rural Canada with over-the-air access to the public broadcaster with a mandate to serve all of Canada. Now, viewers in rural Newfoundland and Labrador are going to be stuck watching “local” news and weather intended for Halifax, Nova Scotia. CBC Radio in Newfoundland and Labrador talks with the CBC about the reason for the disruption. (July 30, 2012) (8 minutes)
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Shaw’s “Local Television Satellite Solution”

In 2010, Shaw Communications, which owns Shaw Cable and Shaw Direct — a major satellite TV provider, announced its intention to buy Global TV — a major Canadian television network. For Americans, this would be the equivalent of Comcast owning your local cable company, NBC, and DirecTV. The Canadian Radio-television and Telecommunications Commission (CRTC), Canada’s telecommunications regulator, agreed to a deal offered by Shaw to acquire Global in return for offering Canadians who have not had satellite or cable service in the last 90 days a temporary free satellite solution for receiving “local stations.”

This customer ran out of luck when he needed Shaw to install just over 250 feet of cable from the nearest clear spot for the satellite to his home. Shaw limits installers to 250 feet, no more. The installer packed up and left shortly after learning an exception would have to be made. (Photo: PGM/Dude, ‘Where’s My TV?’ blog)

Shaw’s Local Television Satellite Solution (LTSS) offers qualified Canadians free satellite service with a handful of over-the-air stations, assuming they apply by November 2012.

Assuming your postal code is within a “qualified reception zone,” and you somehow know about the barely promoted service, Shaw will provide a satellite dish, receiver, and reasonable installation at no charge.

Unfortunately, many Canadians have no idea Shaw is offering the service, and are opting to purchase a regular Shaw Direct package, signing up with another satellite provider, or subscribing to cable where available. Very little about the service is found on Shaw Direct’s website, and those interested are required to call the company for further information. Even those made aware of Shaw’s offer have found challenges signing up.

Steven James May, who runs the “Dude, Where is My TV?” blog reports his parents, who live in rural Denbigh, Ontario were first made aware of Shaw’s LTSS when he told them about it. Several initial attempts to sign up for the service were dashed when Shaw responded Denbigh residents were not qualified for LTSS based on the postal code provided. When May’s parents eventually did qualify, they were sent a well-used and scuffed Star Choice satellite receiver retired from the days Shaw Direct was known as Star Choice.

After installation, the Ontario residents ended up with a dozen primarily over-the-air channels from across Canada:

  • 2 Shaw Direct’s home channel
  • 9 Knowledge Network
  • 23 CTV 2 Alberta
  • 37 CBC Toronto
  • 39 Global Toronto
  • 40 CityTV Toronto
  • 41 CHCH Hamilton
  • 42 OMNI
  • 44 CTV Toronto
  • 50 MCTV Sudbury (CTV)
  • 52 Global Thunder Bay
  • 55 TVOntario (Educational)

While enticing, Denbigh residents have effectively lost “local service” because the community is forced to watch local news for Toronto, Hamilton, Sudbury, Thunder Bay, and Calgary — all much further away than the nearest large city for them — Ottawa. Residents that used to watch CJOH (CTV Ottawa) and CBOT (CBC Ottawa) over-the-air now must get accustomed to news and weather for Toronto, a considerable distance to the west.

“This is a major public policy failure,” adds Edwards. “Everyone has known that the digital transition was coming for two decades. It’s supposed to increase our communications services, yet no one would step up to the plate and take leadership to make sure that neither rural Canada nor our national public broadcaster would be crippled: not Heritage, not the CRTC, not the CBC, and certainly not the federal government.”

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