Cheyenne Mayor Marion Orr

An effort to pass legislation that would award state grants to help rural Wyoming communities get high-speed internet was dead on arrival as far as telecom industry lobbyists were concerned.

So they “fixed it” with a secret substitute bill quietly written by the state’s telecom companies.

The replacement legislation effectively turns the state grant program into a fund for the state’s dominant telecom companies — CenturyLink and Charter Communications.

Stop the Cap! has learned the replacement bill gives high priority to eliminating potential competition by blocking funding for communities to establish their own public broadband alternatives to the phone and cable company if those companies already offer service anywhere inside the community.

The bill also seeks to define the Wyoming government’s involvement in broadband as a non-adversarial partnership with the telecom industry, according to Wyoming Senate Minority Leader Chris Rothfuss (D-District 9).

Under the substitute bill, Rothfuss said the telecom industry will now have a say over how the state awards grant funds. The industry is concerned tax dollars could be given to their competitors to offer service in communities where CenturyLink and Charter already provide modest service. But nothing in the bill would keep either company from collecting state funds for themselves, to expand broadband into unserved areas.

The attempt to switch the bills during a state senate committee meeting was met with surprise and outrage by Cheyenne Mayor Marion Orr.

“I shouldn’t have been surprised to learn industry completely re-wrote proposed broadband legislation to their favor as a ‘substitute bill’ in legislative committee today,” Orr wrote on her Facebook page on Feb. 19. “The substitute bill is substantially different than the original bill. And it wasn’t posted online or anywhere for anyone except insiders to have access to. CenturyLink and Spectrum are bullies. It’s wrong, and they are hurting Cheyenne and other Wyoming communities from gaining affordable access.”

The committee working on the bill may have hoped to switch the bills without notice, but Orr was having none of that.

“As soon as I realized the committee was working a different version that none of us had access to – I spoke up,” she said. “The committee set it aside and will hear it again tomorrow night. This is NOT good governance and the committee realized it. I will stay on this. Guaranteed.”

The substitute bill appears to have subsequently passed and is still facing review by the state legislature.

Orr remains furious Wyoming’s telecom companies that have not delivered on ubiquitous, affordable broadband will now have more power than ever to determine who gets service, who pays to extend service, and what companies can provide it.

“It’s as important as turning on electricity, it’s as important as turning on a tap and having water, it’s an absolute must if we’re going to grow,” Orr said.

Cablevision customers get very attractive promotions in the highly competitive northeastern United States, while Suddenlink customers in more rural areas pay more.

The majority of Cablevision and Suddenlink broadband customers want speeds of 100 Mbps or greater from the Altice-owned cable operators, and average monthly data usage by those customers is now reaching 200 GB per month.

Those statistics were part of a quarterly financial results presentation by Altice USA executives about how the company is doing in the United States.

Altice’s cable holdings include Cablevision, serving a generally affluent customer base in and around the New York City area where Verizon FiOS is its biggest competitor, and Suddenlink, which serves in less competitive markets where local economies are often challenged and phone company DSL still has a significant presence.

Regardless of whether customers receive broadband from Cablevision or Suddenlink, Altice USA CEO Dexter Goei made it clear consumers want faster internet service and are consuming exponentially more data than ever before.

Goei said Altice will continue to increase internet speeds over its existing hybrid fiber-coax network (HFC) even as it builds out its fiber to the home replacement network in some areas. At least 95% of Cablevision customers can now subscribe to 400 Mbps broadband on the company’s legacy HFC network. Around 72% of Suddenlink customers can get similar speeds today. Gigabit speed is available to 29% of Altice USA customers.

Goei said 90% of new Cablevision and Suddenlink customers now choose internet plans featuring 100 Mbps or faster broadband. The average data use of those customers “is now reaching about 200 GB” per month, Goei reported. For customers on HFC systems, Goei said the maximum speed Altice’s implementation of DOCSIS 3 can support is around 600 Mbps, depending on how many customers are sharing the connection. As customers transition to fiber service in the northeast, faster speeds are planned. In fact, Goei wants Cablevision to offer speeds even faster than Verizon FiOS, its chief competitor.

“In terms of the speed capabilities, we’ll have the ability to do higher speeds than the competition,” Goei said.

Altice USA’s fiber-to-the-home (FTTH) deployment is “well underway” in New York, New Jersey, and Connecticut, with plans to connect several hundred thousand customers to the new network starting later this year. Goei told investors Altice was accelerating the rollout this year with the hope of further reducing network and customer operation costs related to servicing the older coaxial network.

Cablevision and Suddenlink will gradually be rebranded as Altice, and the company has begun familiarizing customers with the new brand name in various ways, including the rollout of its new deluxe set-top box, called Altice One.

“This is our new entertainment platform with an all in one box, including TV, internet, Wi-Fi, integrated apps such as Netflix and a voice activated remote control,” said Goei. “The service includes an improved Wi-Fi experience […] as many TV boxes double up as Wi-Fi repeaters around the home. This is a key part of our strategy of enhancing the customer experience and we’ll have the capacity for ongoing upgrades and the addition of new apps as they become available.”

But that new platform comes at a cost. Currently, Cablevision customers can pay as much as $10 for each set-top box and $5 for a cable modem. Altice One is regularly priced at $25 a month — $10 more for a customer that has one television set-top box and cable modem. That makes Altice’s box among the most costly in the cable industry. The company is trying to hide the cost of its box by bundling it into promotions targeting price sensitive new customers.

In fact, the cost of service is increasingly becoming a factor, especially for Suddenlink customers. Over the last two years, Altice has been “harmonizing” Suddenlink’s rate plans, which used to be set based on the technical capabilities and performance of each cable system. Goei said Suddenlink comprised “five or six different customer bases” — each served by cable systems with different capabilities and rate plans. In the last two years, Suddenlink customers have been introduced to new rate plans, and some are paying considerably higher rates than before, especially for equipment and surcharges.

“All of that activity was probably more than we ever wanted to or anticipated as harmonizing all the different variables is not that easy,” Goei said. “And so we made a very concerted effort to not implement a usual or industry like price increase at the end of 2017, given all the various changes that happened over both customer bases as we harmonized them.” But Goei added the reprieve from rate hikes won’t last forever, promising a “rate event” strategy sometime this year, different from rate changes in past years.

Altice is emphasizing the progress it is making boosting internet speeds at its Cablevision and Suddenlink cable systems.

What Suddenlink and Cablevision charge for service is very dependent on what the competition is offering in Altice’s various markets. Goei paradoxically noted that some of the most attractive rates go to customers living in the most affluent areas of the New York Tri-State Area because of intense competition from Verizon FiOS. Prices have remained so low historically that, in Goei’s view, “it makes it very difficult for third parties to come into these markets” and compete with attractive offers that can match Cablevision. That also explains why Cablevision customers do not deal with data caps while Suddenlink customers often do.

Goei

Conversely, in Suddenlink service areas where less capable competitors exist, prices can be higher and service is considered less affordable. As a result, financial analysts have noted Suddenlink’s broadband growth has been anemic since Altice bought the company, presumably because would-be customers cannot afford the service or have chosen a more economic package sold by the phone company, even if it less capable.

Goei promised Altice would be more “nimble” in the future about targeting pricing in different service areas, taking current conditions on the ground into account when setting rates.

In more general terms, Altice is dealing with the same challenges most cable operators are facing these days. Cord-cutting continues to result in reduced numbers of video subscribers. The company also recently endured a multi-week programming dispute with Starz that cost the company video subscribers in the Cablevision service area. The dispute eventually ended with a new multi-year affiliation agreement that allows Altice systems to carry Starz and Starz Encore networks, on-demand services, and online access for several years.

But Altice clearly sees broadband as its key product going forward, which is why the company is upgrading its Cablevision and Suddenlink systems to support faster internet speeds.

After 10 months of negotiations between Frontier Communications and the Communications Workers of America (CWA) over the phone company’s job cuts, 1,400 Frontier workers in West Virginia and Ashburn, Va., walked off the job Sunday.

The Communications Workers of America claims they have been unable to reach an agreement on a fair contract with Frontier despite three extensions. The original contract expired in August, 2017. The CWA claims their members have waited long enough and called a strike.

“We have been very clear throughout the bargaining process that our top priority is keeping good jobs in our communities,” said Ed Mooney, vice president of CWA District 2-13. “Going on strike is never easy. It’s a hardship for our members and the customers who we are proud to serve. But the job cuts at Frontier have gone too far — we know it and Frontier’s customers know it. It’s time for Frontier to start investing in maintaining and rebuilding its network in West Virginia.”

The CWA claims Frontier has let go of some of its most experienced technicians while outsourcing an increasing number of jobs to outside contractors. Frontier has also cut over 500 jobs in the area since 2012 and has announced a plan for additional layoffs this month. The union claims Frontier’s customers are suffering too.

“We’re taking a stand,” said Johnny Bailey, president of CWA Local 2226 in Bluefield. “Customers are waiting way too long to have their problems resolved, and too often we’re back fixing the same problems over and over again. Frontier is leaving West Virginia behind. The network has been neglected and there are just not enough experienced, well-trained workers left to handle the service requests.”

According to CWA, complaints filed with the West Virginia Public Service Commission have increased steadily over the past three years, rising 69% from 639 in 2014 to 1,072 complaints in 2017.

“The complaints at Frontier have risen so high in the last few years it is has gotten to the point [… where] we are embarrassed by the product that we have to serve,” said Jeff Anderson, president of CWA Local 2004, which covers large parts of north-central West Virginia, including Harrison, Marion, Monongalia, Taylor, and Doddridge counties. “In some areas we have good service but we beg for that and we ask the company and we will do anything we can to get our people better service cause ultimately that is what keeps our jobs.”

Frontier countered the company is already extremely generous with its workforce.

“Frontier is one of West Virginia’s best employers,” the company said in a statement. “Average annual wages for the Company’s union employees exceed $64,500, and more than half of all union employees earn more than $75,000 per year. For comprehensive family medical coverage, most employees pay less than $150 per month for family coverage, with no annual deductible and low co-pays. Including employee benefits, the Company’s average employee cost per CWA member is more than $100,000.”

Frontier said it has activated its strike contingency plan, which will require Frontier’s management, outside contractors and Frontier employees from other areas to handle service calls and other tasks formerly done by striking workers.

Customers can expect to encounter Frontier’s picket lines in several places:

FCC Chairman Ajit Pai is under investigation by the Inspector General of the Federal Communications Commission after being alleged of improperly taking actions to benefit Sinclair Broadcast Group, while one of his colleagues, Commissioner Michael O’Rielly, is the subject of an ethics complaint after allegedly violating the Hatch Act by openly advocating for the re-election of President Donald Trump.

Pai’s actions as head of the FCC under the Trump Administration have been under scrutiny by some members of Congress since last fall. Ranking Member of the House Energy & Commerce Committee, Rep. Frank Pallone, Jr. (D-N.J.) and Ranking Member of the House Committee on Oversight and Government Reform, Elijah Cummings (D-Md.) signed a joint letter addressed to FCC Inspector General James Hunt last November requesting an investigation after they claimed Chairman Pai “has repeatedly refused to adequately respond to Congressional inquiries” on the matter.

Pallone and Cummings noted press reports that Pai specifically timed certain FCC regulatory actions to directly benefit Sinclair, seen as politically friendly to the Trump Administration and Republicans. As evidence, they included multiple examples of suspiciously timed regulatory changes that seemed to coincide with Sinclair’s business deals and the company’s lobbying efforts in Washington:

Sinclair-Bonten License Transfer Application

Chairman Pai rescinded a guidance in February (2017), effectively loosening the scrutiny the FCC’s staff applied to deals that could skirt local TV ownership restrictions by using a sharing agreement (effectively allowing Sinclair to control stations owned by another company). The FCC approved a deal three months later where Sinclair used several of these sharing agreements, potentially to circumvent the rules.

Pai

Reinstatement of the UHF Discount Rule

Press reports indicated in March, 2017, Sinclair was in talks with Tribune Media Company about a potential merger, but analysts remarked the deal would likely require the FCC to reinstate an outdated rule called the “UHF discount.” This rule, left over from the days of analog television and finally rescinded in 2016, did not count UHF television stations above Channel 13 the same as VHF stations (Chs. 2-13) when defining how many TV stations a single company can own. The theory behind the discount was that analog UHF reception was more difficult and, as a result, such stations were less valuable than their lower channel counterparts. But digital television largely erased that distinction because UHF reception has improved, TV stations can be “mapped” by digital tuners to any channel number, and, in some areas, digital VHF stations suffer more reception problems than UHF stations do.

Chairman Pai suddenly announced his plan to reinstate the outdated UHF discount rule the same month Sinclair began talks with Tribune. Sinclair announced its proposed acquisition of Tribune’s TV stations just two weeks after the FCC reinstated the UHF discount. If approved, the transaction would solidify Sinclair as the country’s largest TV group owner with a potential to reach 70% of the country, which is far in excess of the current 39% limit.

LG’s Ultra High Definition (UHD) televisions support ATSC 3.0, and were demonstrated at the 2017 Olympic Games in PyeongChang, South Korea.

Next Gen TV (ATSC 3.0)

Sinclair has been one of the main proponents of the ATSC 3,0 (also known as “Next Gen TV”) transition, and its subsidiary holds patents that reports indicate could provide billions of dollars in licensing fees to Sinclair. Chairman Pai announced during his first full month in office a proposal to allow the TV industry to accelerate a transition to the new standard.

Since that time, the FCC has pushed ATSC 3.0 forward and the new technology has begun to be tested in the United States. Some consumer groups worry the new technology will be costly if consumers cannot afford or find converter boxes for existing televisions, although ATSC 3.0 proponents promise stations will continue to broadcast a Standard Definition version of existing TV stations for at least five years after the transition begins.

New televisions supporting the standard have already gone on sale in South Korea at prices ranging from around $900-$1,500US. The government is subsidizing TV station owners a minimum of $1.75 billion as part of a TV station repack that will precede the introduction of ATSC 3.0. But no subsidies will be given to consumers. Those buying ATSC 3.0 tuners or televisions will do so out of their own pocket if they wish to continue watching over-the-air stations. Sinclair will also get a royalty payment for each new television or tuner sold.

Main Studio Rule

The FCC voted last October to eliminate rules requiring a local broadcast station to maintain a physical presence in the market in which it operates. This means a station could deliver programming to a station’s transmitter from another city, with no local programming or personnel. This move would make Sinclair’s potential merger even more profitable by eliminating many of the costs of maintaining local stations, particularly labor and news-gathering costs.

Broadcast Ownership Rules

Chairman Pai plans to significantly change the existing broadcast media ownership limits. This would clear away virtually all remaining obstacles to Sinclair increasing its reach beyond the Tribune merger proposal and acquire still more television stations. Sinclair has carefully prepared for this eventuality by contractually obligating the new owner(s) of stations Sinclair is required to sell to remain under whatever ownership cap still exists to sell those stations back to Sinclair if and when Sinclair requests it.

According to the two Democrats, “all of these actions — when taken in context with reported meetings between the Trump Administration, Sinclair, and Chairman Pai’s office — have raised serious concerns about whether Pai’s actions comply with the FCC’s mandate to be independent.”

Pai’s critics are also concerned about the increased partisanship of the chairman and another Republican FCC Commissioner Michael O’Rielly. Both turned up at the Conservative Political Action Conference (CPAC) in Maryland last week.

The NRA’s “Charlton Heston Courage Under Fire Award” for Ajit Pai’s Assassination of Net Neutrality Includes a Kentucky Long Gun

Pai at CPAC

When Pai arrived on stage to deliver a short speech, Dan Schneider, executive director of the American Conservative Union, which sponsors CPAC, took the microphone to introduce the FCC chairman.

“Ajit Pai is the most courageous, heroic person that I know,” Schneider said. “He has received countless death threats. His property has been invaded by the George Soros crowd. He has a family, and his family has been abused in different ways. Chairman Pai, thank you for everything you’ve done.”

He then turned the podium over to Carolyn Meadows, second vice president of the National Rifle Association, who surprised Pai with the NRA’s “Charlton Heston Courage Under Fire Award,” a rare honor given only to firebrand conservatives willing to push through their political agenda regardless of criticism or voter backlash. Pai was being recognized for ignoring the comments of tens of millions of supporters of net neutrality and pushing through a complete repeal of the open internet rules, regardless of the possible political consequences.

Previous award winners include controversial former Milwaukee Sheriff David A. Clarke Jr., Undersecretary John Bolton, who once threw a tape dispenser at a female government contractor and chased her down a Moscow hotel hallway, conservative talk show host Rush Limbaugh, and Vice President Mike Pence.

The honor included a “Kentucky hand-made long gun,” said Meadows, who promised to store the gun for Pai at an NRA museum. That prompted a Tweet from the former director of the Office of Government Ethics, Walter Shaub, claiming Pai’s gun award likely violated federal ethics rules.

Anyone care to explain to me why the FCC thinks that the ethics rules allow Ajit Pai to accept the gift of an expensive handmade gun from the NRA, an entity whose interests he can affect (and has affected) by the performance of his official duties? Am I missing something? https://t.co/S6ocyWIV7H

— Walter Shaub (@waltshaub) February 24, 2018

As criticism of the FCC chairman grew, Pai’s office sent letters on Thursday to both the NRA and the American Conservative Union declining the handmade weapon. Pai indirectly blamed the NRA, claiming his staff has asked at the event that the gun not be given to him. But the NRA came up with its own compromise, storing the gun until Pai left office.

“As you know, once my staff became aware of what was happening, they asked backstage that the musket not be presented to me to ensure that this could be first discussed with and vetted by career ethics attorneys in the FCC’s Office of General Counsel,” Pai wrote, an FCC source told Politico. “Therefore, upon their counsel, I must respectfully decline the award. I have also been advised by the FCC’s career ethics attorneys that I would not be able to accept the award upon my departure from government service.”

FCC Commissioner Michael O’Rielly Calls for the Re-Election of President Trump and Violates the Hatch Act

O’Rielly

At the same CPAC event, FCC Commissioner Michael O’Rielly also managed to find himself the subject of controversy in response to a question.

Q. What can the FCC do to stop the constant “ping pong” of issues, like net neutrality, every time the party in power changes in the nation’s capital?
A. “I think what we can do is make sure as conservatives that we elect good people to both the House, Senate and make sure that President Trump gets re-elected,” O’Rielly answered.

Experts claim O’Rielly violated the Hatch Act, a law that prohibits employees in the executive branch of the federal government, except the president, vice-president, and certain designated high-level officials from engaging in certain forms of political activity. Telling the public to re-elect President Trump counts as a violation.

The Office of Special Counsel (OSC) already warned government officials so steer clear of President Trump’s already announced 2020 re-election campaign. In short, the Hatch Act “prohibits federal employees, while on duty or in the workplace, from expressly advocating for or against his reelection in 2020,” the OSC wrote in a guidance memo distributed to all federal agencies.

American Oversight, a group that monitors ethics issues in Washington, filed a formal complaint with the OSC against O’Rielly on Feb. 23:

“American Oversight respectfully requests that the Office of Special Counsel (“OSC”) immediately open an investigation into whether Michael O’Rielly, Commissioner on the Federal Communications Commission (FCC), violated the Hatch Act during an appearance at the Conservative Political Action Conference today, February 23, 2018. We do not believe this presents a hard question.

“Appearing in his capacity as a commissioner of the FCC, Commissioner O’Rielly improperly engaged in partisan political activity by expressly advocating for the re-election of Donald Trump
and exhorting the crowd to “elect good people to the House [and] the Senate.” Specifically, during the panel discussion, Commissioner O’Reilly delivered the following remarks:

“‘I think what we can do is make sure as conservatives that we elect good people to both the House, the Senate, and make sure that President Trump gets re-elected. But there’s another thing you can do. We’re going to have a fight over the Obama internet rules in the next couple months in the U.S. Senate. And that’s going to matter and that vote matters, and so making sure people take the right course on that, really does affect what policies we’re able to keep in place moving forward. So we can certainly use everyone’s help along those lines.’

“These remarks, made in Commissioner O’Rielly’s capacity as a commissioner at the FCC, constitute prohibited partisan political activity under the Hatch Act. As you know, the Hatch Act generally prohibits federal officials from engaging in partisan political activity while on duty. Advocating for the election of a candidate in a partisan election is the classic example of such prohibited activity.”

“The FCC controls our airwaves, the internet, and so many of the things we interact with every single day,” said Austin Evers, the executive director of American Oversight. “It should be independent, it should not be partisan, and bottom line, it should obey the law.”

Another group, Citizens for Responsibility and Ethics in Washington (CREW) is also reviewing the event.

“This certainly raises Hatch Act issues,” spokesman Jordan Libowitz told the Chicago Tribune. “[O’Rielly] is prohibited from taking part in partisan political activity using his official title or position.”

“The Young Turks” explain Ajit Pai’s attack on net neutrality and the award the NRA gave him for killing it. (7:16)

The Minnesota Public Utilities Commission (MPUC) has opened an inquiry into whether Frontier Communications is meeting its service obligations to customers after receiving a major spike in complaints about the phone company.

The MPUC acknowledged it has been “receiving a large volume of complaints related to the service quality, customer service, and billing practices of Frontier Communications.” The regulator is concerned that “after attempts to mediate these complaints, many of them remain unresolved.”

The investigation will include the Minnesota Department of Commerce and Minnesota’s Attorney General, both tasked with determining if Frontier is complying with MPUC rules and Minnesota state law.

Frontier provides service to more than 98,000 landlines in Minnesota, doing business as Frontier Communications and Citizens Telecommunications. Most Frontier customers are located in northeastern and southern Minnesota, as well as communities like Apple Valley, Burnsville, Farmington, and Rosemount.

A survey of filed complaints found many involved Frontier’s DSL internet service, which customers complained was slow and prone to frequent outages. Other complaints involved inaccurate billing and missed service calls, which sometimes led to delays of days or weeks before service could be restored.

“I’d heard a bunch of complaints of poor service all across my district,” said Rep. Rob Ecklund (DFL-International Falls) in a news release. “I am a Frontier customer myself, and the service has been lousy.”

Other customers had their complaints published in the Timberjay newspaper, which has been the unofficial meeting place for frustrated customers who cannot get satisfaction from Frontier.

“This has been the worst service experience of my life,” said Melissa Holmes, of Embarrass in northeastern Minnesota. “My whole neighborhood here on Wahlsten Road in Embarrass has had service issues with Frontier for decades. Repeated calls to the company go nowhere.”

The newspaper blamed Frontier’s wrong priorities in a scathing editorial last fall:

Prospects for an improvement in Frontier’s service quality appear unlikely given the increasingly tenuous financial condition of the company. Frontier went deeply in debt in early 2016, when it completed an $11 billion purchase of landline infrastructure formerly owned by Verizon in California, Texas, and Florida. The acquisition more than doubled the size of the company, but also prompted a major restructuring, which included significant layoffs.

Frontier officials had touted the acquisition at the time, arguing that the company knew how to make money from traditional landline infrastructure even as the industry is rapidly transitioning to wireless. But the company has yet to demonstrate it is up to the challenge and as complaints over poor service have mounted, the company has hemorrhaged customers, particularly in more populated regions, where customers often have viable alternatives.

In response, Frontier claims it updated its billing software and is making “process improvements” in the way it conducts business.

If you live in Minnesota and wish to share your views with the MPUC, you can visit their website, register, and comment until May 25, 2018.

The state’s initial investigation and report on Frontier is due on May 11.

KSTP-TV in Minneapolis-St. Paul reports Frontier is under investigation by the state telecom regulator for poor service. (2:21)