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FCC Chairman Suggests He May Not Resign After President Obama Leaves Office

Phillip Dampier March 2, 2016 Public Policy & Gov't Comments Off on FCC Chairman Suggests He May Not Resign After President Obama Leaves Office
Wheeler

Wheeler

FCC chairman Thomas Wheeler has not promised to vacate his position as chairman after a new president takes office in January 2017.

It has been customary for the appointed head of the FCC to automatically resign as a new president takes office, but Wheeler is keeping his options open.

This was not the answer Senate Commerce Committee chairman John Thune (R-S.D.) was expecting to hear at today’s FCC oversight hearing.

Wheeler responded he was not ready to promise to cede the chairmanship and it would not be wise to give an “ironclad commitment” at this time.

If Wheeler does not resign, he can stay as chairman of the FCC until his term expires in January 2018, potentially serving as a thorn during the first term of a possible Trump presidency.

Sen. Bill Nelson (D-Fla.) noted it was unlikely a President Trump would renominate him on his own.

 

Google Fiber’s Contractors Create Headaches for Austin Residents

Flash flooding in a neighborhood where storm drains were blocked by construction debris. (Image: Adolfo Romero)

Flash flooding in a neighborhood where storm drains were blocked by Google’s construction debris. (Image: Adolfo Romero)

Some Austin residents are fuming over the sloppy construction work and eyesores left by contractors hired by Google to install its fiber optic service.

Last year, 254 formal complaints were filed against Google and its contractors, by far the largest compared with AT&T and Time Warner Cable, which are also in the process of upgrading their networks in the city.

The epicenter of construction nightmares for homeowners is on Lambs Lane in Southeast Austin, where last October a flash flood allegedly caused by Google’s construction crews blocking nearby storm drains brought two feet of water into the home of Arnulfo and Dolores Cruz, causing $100,000 in damages.

Oregon Lawmakers Write Loophole for Google Fiber That Will Save Comcast Millions Instead

Phillip Dampier February 29, 2016 Comcast/Xfinity, Competition, Consumer News, Google Fiber & Wireless, Public Policy & Gov't Comments Off on Oregon Lawmakers Write Loophole for Google Fiber That Will Save Comcast Millions Instead

bank_error_in_your_favorFrom the Department of Unintended Consequences, Comcast will likely be the biggest benefactor of a new Oregon law intended to attract Google Fiber to Portland.

The Oregon Legislature rewrote the state’s tax laws after learning Google objected to Oregon’s concept of “central assessment,” which calculates local property taxes partly on the value of a company’s brand. The tax policy proved so contentious, Comcast spent years fighting the tax before ultimately losing its appeal before the Oregon Supreme Court in 2014. After two years of lobbying Google to come to Portland, nothing short of a repeal or exemption of this tax policy was likely to get the search engine giant to reconsider.

Comcast officials must not have believed their luck when state lawmakers resolved the tax problem for them, all because of efforts to woo Google back to the state. Legislators proposed a tax exemption for companies that agreed to invest in gigabit speed broadband and deliver it to the majority of the state’s broadband customers. The new law was a clear invitation to Google to begin wiring the state for fiber, but Comcast has crashed the party instead.

Comcast officials argue their own new “Gigabit Pro” service qualifies the cable company for the same tax exemptions Oregon intended Google to receive, despite the fact its 2-gigabit offering costs a fortune and is unlikely to attract more than a fraction of Comcast customers.

gigabit proOregon lawmakers wrote a law seeking to assure equal access by prohibiting companies from targeting only affluent neighborhoods for fiber upgrades, while forgetting to consider the cost of the service itself. Gigabit Pro will never feature prominently in Portland’s challenged neighborhoods at a cost of $4,600 for service during the first year.

Lawmakers now face the wrath of several local tax authorities that report they’ll lose tens of millions in tax revenue if Comcast successfully applies for an exemption. Staff members of the Oregon Public Utility Commission believes Comcast ultimately will qualify for that exemption, even if only a few customers pay Comcast’s asking price for gigabit service.

“If the application is approved, schools, libraries and local governments across the state would receive significantly less revenue,” wrote Mary Beth Henry, director of Portland’s Office of Community Technology, in a letter to state regulators. “This application was not the kind anticipated by the Legislature.”

Portland officials argue Comcast is violating the spirit of the new broadly written law by pricing its fiber service at $300 a month, far out of reach of most households. Google Fiber typically charges $70 for its gigabit service.

Critics of the legislature contend this isn’t the first instance of the Oregon body making a mess of things. In addition to not bothering to define what qualifies as “affordable” Internet, how much companies had to spend to offer it, or how many customers had to actually sign up for the service, language in the original bill accidentally left Google Fiber off the exemption list.

Newest Google Fiber Cities Rely on Pre-Existing Fiber Networks; Is Google Cost-Cutting?

google fiberTwo of Google Fiber’s newest fiber cities will only get the gigabit fiber-to-the-home service because someone else already laid the fiber.

In the last week, residents of San Francisco and Huntsville, Ala. were told they were next in line for Google Fiber service. But instead of proposing to build a citywide fiber network for all residents, Google will rely almost entirely on pre-existing fiber networks they will use to reach customers.

In San Francisco, only an unspecified portion of the metro area will qualify for Google Fiber, namely certain apartments, condos, and subsidized housing units already served by a fiber optic connection. Single family homes and apartments not currently connected to fiber may never qualify for Google’s service.

A Google Fiber executive seemed to signal Google may be taking a harder look at the cost of building fiber service, and future expansion may rely on renting space on someone else’s cable.

“To date, we’ve focused mostly on building fiber-optic networks from scratch,” said Michael Slinger, Google Fiber’s business operations director. “Now, as Google Fiber grows, we’re looking for more ways to serve cities of different shapes and sizes.”

That suddenly makes existing municipal and private dark fiber networks very attractive and in demand. Many municipalities have underused institutional fiber networks that serve anchor institutions, public safety, and government offices. Public access is often limited to non-existent. The prospect of Google paying to use those networks to reach more customers may prove attractive to cash-strapped cities. Private fiber overbuilders and those with excess capacity may also find a new revenue stream renting space to the search engine giant. In Huntsville, Google will have non-exclusive access to the city’s publicly owned fiber network. Any competitor could technically offer their services over the same network.

Competitors and analysts seemed ready to dismiss Google’s latest expansion announcements. Diffusion Group analyst Joel Espelien told the San Jose Mercury News Google Fiber’s plans to wire affordable housing in San Francisco was nothing more than “pure PR.” He’s unimpressed with Google Fiber generally, dismissing it as “Costco Internet,” delivering bulk sized connections at prices most consumers are unaccustomed to paying for Internet access.

“It’s both cheap and it isn’t cheap,” Espelien said. “It kind of depends on your point of view.”

Google’s reasons to offer service to only a few locations in San Francisco are clearly pegged to the costs of wiring the entire city.

“We considered a number of factors, including the city’s rolling hills, miles of coastline, and historic neighborhoods,” Google said in a blog post. All of those features that tourists love to see are also expensive because of costly engineering efforts to hide the cables from view to stay within zoning regulations.

Sanders, Warren Raise Doubts About Charter-Time Warner Cable-Bright House Merger

Sens. Sanders and Warren

Sens. Sanders and Warren

Democratic presidential hopeful Sen. Bernie Sanders (Ind.-Vt.) has expressed serious doubts about the claimed consumer benefits of a multi-billion dollar cable company merger between Charter Communications, Time Warner Cable, and Bright House Networks.

In a joint letter with Sens. Al Franken (D-Minn.), Ed Markey (D-Mass.), Elizabeth Warren (D-Mass.), and Ron Wyden (D-Ore.), Sanders told FCC Chairman Tom Wheeler and Attorney General Loretta Lynch the deal would create a “nationwide broadband duopoly, with New Charter and Comcast largely in control of the essential wires that connect most Americans to how we commonly communicate and conduct commerce in the 21st century.”

The senators explained that “broadband service is not a luxury; it is an economic and social necessity for consumers and businesses.”

The five Democrats believe the merger could have negative effects on consumer choice, competition, and innovation in broadband and online video. With Comcast and New Charter controlling at least two-thirds of the high-speed broadband lines in the country, Sanders and his colleagues are concerned this will allow Comcast and New Charter to raise rates while reducing broadband innovation, allowing the United States to fall even further behind other industrialized nations with superior broadband.

The senators asked the Department of Justice and the FCC to carefully evaluate how the proposed deal could impact the marketplace.

“New Charter must not only prove that this deal would not harm consumers, but they must also demonstrate that it would actually benefit them and promote the public interest,” the senators argued.

This week, New Jersey regulators approved the merger transaction in that state, leaving California as the last major challenge for Charter executives. Federal regulators are not expected to rule on the deal until the spring or summer.

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