When Massena, N.Y. town supervisor Joseph D. Gray balked at Time Warner Cable’s demands for a 15-year franchise renewal agreement, especially after the cable company never bothered to show up at a hearing on the subject, he thought he could send a message by supporting a renewal expiring after just one year.

But there was a reason Time Warner never bothered to show up to defend their performance in northern New York State over the last decade of increasing rates and unwanted channels shoveled at subscribers — they did really have to answer to local officials.

Gray assumed playing some hardball with the cable company might get their attention and bring them to the table to discuss the demands of local Massena residents he hears from all the time.  At the top of the list is a-la-carte cable — paying only for channels you want.

No deal.

Gray

Mr. Gray has since admitted in conversations with the Watertown Daily Times he is frustrated by the town’s inability to effect “any real change.”

This despite the state cable franchise law which declares communities have the right to establish and negotiate “cable-related community needs” as part of the final contract with cable operators.

In fact, the cable industry has spent millions lobbying federal and state governments to deregulate their operations, even though most communities are served by just one cable operator.  While phone companies have made limited progress competing in larger urban areas, most of upstate New York is left choosing between a satellite provider or a cable company — usually Time Warner Cable.

That lobbying paid off in the 1990s when the federal government swept away considerable government oversight of cable operations.  While municipalities technically still control the basic franchising process, those dissatisfied with service from an existing provider rarely find other companies willing to take over.  That leaves Massena stuck with Time Warner Cable, who isn’t giving an inch on how they package their programming.

“We can make some gains for the community. Can we get free service for a couple of municipal buildings? Probably,” Mr. Gray told the newspaper. “They continue to say there’s nothing they can do about programming, there’s nothing they can do about bundling.  That’s from the programmer.  Until we get … a la carte, where people get the channels they want, we’re never going to satisfy people.”

With no progress in sight, stalled contract negotiations between a popular sports cable network and New York’s dominant cable TV company continues to test the patience of customers and sports fans across the state.

Scores of Buffalo-area sports bars have canceled their commercial cable service with Time Warner Cable, generating plenty of business for DirecTV, which still has MSG on the lineup.  Customers across New York have also started to demand a refund of the estimated $4.50 a month Time Warner Cable no longer pays MSG, but still collects from cable subscribers.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WGRZ Buffalo Time Warner and MSG Network plan meeting this week 1-8-12.flv[/flv]

Time Warner Cable and MSG’s dispute is ticking off Buffalo sports fans.  WGRZ visits area sports bars and talks with both sides in the dispute to learn the latest.  (4 minutes)

Now New York Attorney General Eric Schneiderman is brokering discussions between the two sides, in an effort to restore coverage of the Sabres, Rangers, and Knicks games all displaced from the Time Warner Cable dial.

“We have had constructive discussions with Time Warner and MSG Networks as part of an ongoing effort to facilitate progress in their talks,” said Schneiderman. “We are hopeful that the two parties will come to an agreement in short order.”

Schneiderman

So far, those negotiations seem to be going nowhere, and Time Warner released a statement stating they have not had any further discussions with the network.  The cable company has also hardened its position with respect to refunding customers for the lost networks.  While early attempts to win credit were successful, Time Warner representatives are now refusing to compensate customers for the loss of MSG.  Instead, they are offering a free month of their mini-pay sports programming tier, which must be requested to access.  After the first month, the cable company will bill customers $5.95 a month for the channels.

“That’s no help,” says Stop the Cap! reader Jean, a Sabres fan in Amherst, N.Y.  “Not only don’t we get our $4.50 back, they want to set us up to pay an extra $6 a month after the 30-day trial of their ‘compensation’ is up.”

Many of her friends who live in suburban Buffalo are dumping Time Warner in favor of Verizon FiOS.  Area sports bars are following.  At least a dozen have canceled their commercial service contracts with Time Warner Cable, many switching to satellite provider DirecTV.  Buffalo’s love affair with hockey is so intense, 5,000 people showed up last week at the First Niagara Center stadium to watch the Buffalo Sabres away game on large screen televisions hung above the rink.

Cashing in

Sports bars depend on lucrative sales during major sports events, so being without the Sabres proved unacceptable, a point driven home by MSG itself which continues to host free viewing parties at local establishments.  Buffalo wings were included for free.

Stop the Cap! reader Ruth Grunberg, who lives in Cortland, N.Y., has started a petition to demand the cable company refund subscribers the $4.50 a month effectively paid for channels they no longer receive.

“They recently raised rates 7% for the second time in a year and they no longer are sending this money to MSG,” Grunberg says. “They have no right to keep it and pay their bloated executives even more money. It is fraud and bait and switch to promise one thing and deliver another. They should offer a la carte service to solve a multitude of problems.”

The city of New York apparently agrees and continues efforts to pressure the cable company into compensating subscribers for the network loss.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/WIVB Buffalo Bars Cancel Time Warner 1-10-12.flv[/flv]

WIVB in Buffalo reports area sports bars are canceling Time Warner Cable in droves as its programming dispute with MSG drags on with no end in sight.  (2 minutes)

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WHP Harrisburg Free cell phone program 1-5-12.mp4[/flv]

WHP-TV in Harrisburg, Penn. has been running several stories about the FCC’s Lifeline program, which hands out free cell phones to those living below the poverty line.  While the FCC defends the Lifeline cell phone program as delivering needed phone service for job-seekers and as a landline replacement, some citizens who consider cell phones a luxury are upset the federal government is subsidizing the project at a cost of $1.3 billion a year.  Even more disturbing to some is the reported amount of waste, fraud, and abuse that may be delivering free phones to those who don’t deserve them.  The anchor’s thinly-disguised editorializing leaves little doubt he considers the program a waste of money at a time of skyrocketing budget deficits. (Warning: Loud Volume)  (2 minutes)

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WHP Harrisburg Possible free broadband 1-10-12.mp4[/flv]

WHP ran this follow-up story about the FCC’s forthcoming involvement in “free broadband” for the poor.  In fact, the subsidized Internet program would likely deliver 1-3Mbps basic Internet service for around $10 a month.  The WHP anchor doesn’t seem too impressed with this part of the Lifeline program either.  (Warning: Loud Volume)  (2 minutes)

Virgin Media is doubling customer broadband speeds... for free.

Great Britain is leapfrogging ahead in the global broadband speed race with two announcements this morning that represent major advances in British broadband.

First, Virgin Media is announcing it will double the broadband speeds for four million of its customers starting next month, for free.

The company says it will be the first residential provider in the United Kingdom offering 120Mbps broadband — a 20Mbps speed increase for their existing 100Mbps clients.  Customers on Virgin’s 10, 30, and 50Mbps tiers will soon receive free upgrades to 20, 60, and 100Mbps, respectively.  Those on the company’s popular 20Mbps plan will have their speeds tripled to 60Mbps.

That’s a major advancement for British broadband, where dominant BT-provided DSL runs at speeds averaging just over 6Mbps.

The new speeds were made possible by “modest investments” in Virgin’s fiber network, according to Virgin Media CEO Neil Berkett.

Berkett said the new speeds would help meet growing demand for faster access to support the proliferation of new digital devices.  Because Virgin invested primarily in fiber and cable broadband, speed upgrades on their existing infrastructure come “at a fraction of the cost of other network operators.”

That understanding was not lost on Sky Broadband, a growing competitor in the United Kingdom.  Sky this morning announced it has launched a newly-upgraded 100Gbps optical network to support its 3 million broadband customers.  The company is spending several hundred million British pounds on updating its network to position itself to become Britain’s largest Internet Service Provider.

Sky’s new network is based on the latest Alcatel-Lucent fiber technology, capable of supporting 100Gbps speeds on each of the individual 88 wavelengths on a single optical fiber.  Sky deployed the new dense wavelength division multiplexing technology on its existing optical fiber backbone network, demonstrating the infinite upgrade possibilities fiber optic technology offers.

Sky pitches its network capacity to consumers as a key benefit of its service, noting it is free of “traffic management” policies that reduce speeds for customers of other Internet providers.

The upgrade arrives just in time to handle the expected explosion of online traffic with this week’s introduction of Netflix streaming across Great Britain.

Chattanooga’s investment in community fiber broadband is beginning to pay dividends as the city benefits from an increase in high-paying, high-technology jobs.  Unfortunately for cities like Knoxville, Chattanooga’s gains are their loss.

“In a lot of places, you can get the same kind of high speed service as Chattanooga.  The difference is the price,” Dan Thompson of Knoxville-based IT company Claris Networks told Knoxville TV station WBIR.  “Connectivity there for us is about eight to ten times cheaper in Chattanooga than it is versus Knoxville or other cities.  That’s a huge deal when you’re comparing $100 a month or $800 a month.”

As a result, Claris is skipping the pricey service on offer from AT&T and Comcast and is moving jobs down I-75 to the city of Chattanooga, where publicly-owned EPB Fiber has invested in a fiber-to-the-home network that beats the pants off the competition.  Claris has found gigabit broadband in Chattanooga that can be installed in days at a fraction of the price charged by the companies they deal with in Knoxville.  Now Claris can invest the savings in bigger data centers and the jobs that come with them.

“Here in Knoxville and other cities, you may have to pay a premium to get speeds fast enough to support that,” Thompson said.

While companies like AT&T, Time Warner Cable, CenturyLink, and Comcast have had Chamber of Commerce support opposing community broadband in other states, Chattanooga’s local Chamber knows a good thing when it sees it.  Garrett Wagley, vice president of policy and public relations for the Knoxville Chamber, tells the Knoxville station investment in infrastructure is important when recruiting new businesses to town and keep existing ones growing.

Investment in high technology networks is an important topic for the evolving economies of the mid-south region.  Formerly dependent on tobacco farming, textiles, and manufacturing, states like Tennessee and the Carolinas are now investing to compete for high-technology, digital economy jobs.  Public investment in broadband comes as part of that effort, and typically only after appeals to existing commercial providers fail to bring necessary upgrades.

That “other places first” upgrade mentality continues to this day in states like South Carolina, which waited years for Time Warner Cable and local phone companies to deliver broadband speeds states further north have been receiving for several years.

For companies like Google and Amazon.com, the choice of where to locate regional data and distribution centers is often dependent on available infrastructure.  Chattanooga is in a strong position to argue it already has a broadband network in place that can meet the needs of any high-tech company, at prices too low to ignore.  Economic investment, jobs, and tax revenues follow.  Even better, much of the revenue earned by EPB Fiber stays in Chattanooga, paying off network construction costs and allowing the public utility to invest in smart-grid technology, which could benefit electric ratepayers as well.

Christopher Mitchell at Community Broadband Networks notes Chattanooga is not alone seeing significant job gains from investment in public broadband.  Just 100 miles to the northeast is Bristol, Virginia, another city that is transforming itself to support 21st century knowledge economy jobs.  Bristol’s public fiber network delivers service across most of southwestern Virginia, across an area long ignored or under-served by larger commercial providers.

For cities stuck with whatever AT&T, Comcast, and Time Warner Cable decide to offer, the trickling job migration to better-wired cities could eventually become a fast-running stream.  That’s why WBIR-TV questioned Knoxville city officials about why they abandoned consideration of their own public fiber network.

The City of Knoxville’s chief policy officer, Bill Lyons, told 10News there has been some discussion about constructing network infrastructure in the past.

“We did discuss this general topic very briefly early in the last administration and did not pursue it,” wrote Lyons.  “There was no systematic assessment, but rather a sense that the associated investment in infrastructure was not needed given the service that was already available.”

[…] “The question we as citizens need to ask is this something we’d be willing to spend money on,” said Thompson.  “I think you’d have to ask if you built this kind of network would more businesses come here.  And if they would, do the tax dollars [gained by attracting news business] offset the cost that we as citizens would have to pay.”

Good-enough-for-you broadband at take-it-or-leave-it sky high prices has been the state of broadband across the mid-south for years.  Unfortunately for Knoxville and other cities in Tennessee and the Carolinas, high-tech businesses are quickly discovering they don’t have to take it anymore.  What cities like Knoxville lose, Chattanooga gains.

[flv]http://www.phillipdampier.com/video/WBIR Knoxville Chattanooga Fiber Attracts Jobs 12-27-11.mp4[/flv]

WBIR in Knoxville explores Chattanooga’s success in broadband, which is now starting to come at the expense of other Tennessee cities who don’t have the infrastructure to compete.  (3 minutes)