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Broadband Industry Pushing for Industry Version of Net Neutrality

A group largely funded by the telecommunications industry is among the latest to call on Congress to pass net neutrality legislation, just as long as the cable and phone companies that have fiercely opposed net neutrality as we know it get the chance to effectively write the law defining their vision of a free and open internet.

Broadband for America (BfA) has long pretended to represent the interests of consumers. It has tried to steer clear of partisan politics by representing itself as a bipartisan organization, claiming that since its formation in 2009, the Broadband for America coalition “has included members ranging from consumer groups, to content and application providers, to the companies that build and maintain the internet. Together these organizations represent the hundreds of millions of Americans who are literally connected through broadband.”

In this spirit, BfA has given top priority to adopting a new, bipartisan, federal net neutrality law that would eliminate the regulatory uncertainty changing administrations have introduced through agencies like the FCC.

The telecom industry shuddered under the Obama Administration’s FCC with Thomas Wheeler as chairman. Wheeler pushed for bright line net neutrality rules that cut off the industry’s ability to toy with paid fast lanes on the internet, potentially costing telecom companies billions in future revenue opportunities. Wheeler backed his regulatory authority by using Title II regulations that have withstood corporate court challenges since the 1930s, and made clear that authority also extended to blocking or banning future creative monetization schemes that unfairly favored some internet traffic at the expense of other traffic.

The incoming Trump Administration discarded almost every regulatory policy introduced by Wheeler through its appointed FCC chairman, Ajit Pai. With Republicans in firm control at the FCC, in the White House, and in Congress, the broadband industry and its political allies feel safe to draft and pass a new federal law that will give companies regulatory certainty. One proposal could potentially permanently remove the FCC’s future ability to flexibly manage changing broadband industry practices.

BfA’s “pro net neutrality” campaign directly targets consumers through its website while also pretending to represent their interests. It is a classic D.C. astroturfing operation — fooling unwitting consumers into pushing for policies against their best interests. BfA claims it supports “policies that align with the core principles of an open internet: no blocking, no throttling, no discrimination and most importantly, ensuring all consumers have access to internet. Further, despite state efforts, only Congress maintains the power to regulate the internet.”

Broadband for America’s campaign to block this legislative maneuver actually helps net neutrality opponents.

Since no phone or cable company in the country is seeking to block, throttle, or discriminate against certain websites, passing a law that prohibits this is not controversial. But BfA does not mention other, more threatening practices ISPs have toyed with in recent years that would be banned by robust net neutrality rules. At the top of the list is “paid fast lanes,” allowing preferred content partners to get preferential treatment on sometimes clogged internet pipes. As past controversies between Netflix and Google over interconnection agreements illustrate, if an internet provider refuses to continually upgrade traffic pipelines, all traffic can suffer. With paid prioritization, some traffic will suffer even more because of preferential treatment given to sponsored traffic. The industry does not call this throttling, and some ISPs have blamed content providers for the problem, suggesting Netflix and YouTube traffic unfairly takes a toll on their networks.

BfA also objects to state efforts to bring back net neutrality, claiming such regulatory powers only belong in the hands of the federal government (especially the current one). It is no coincidence BfA’s beliefs and policies mirror their benefactors. While claiming to represent the interests of consumers, BfA is almost entirely funded by: AT&T, CenturyLink, Charter, CTIA – The Wireless Association, Comcast, Cox, NCTA – The Internet & Television Association, Telecommunications Industry Association (TIA), and USTelecom-The Broadband Association. The only major American telecom company not on this list is Verizon, but their interests are represented by USTelecom, an industry-funded lobbying group that backs America’s top telephone companies.

Broadband for America shares a list of some of its members — all a part of the cable, wireless, and telephone industry.

Under the guise of the midterm elections, BfA issued a new call for federal legislation enforcing the telecom industry’s definition of net neutrality, and not just on telecom companies. BfA also wants regulation of “edge providers,” a wonky term that means any website, web service, web application, online content hosting or online content delivery service that customers access over the internet. In reality, the only edge providers the industry is concerned with are Apple, Amazon, Google, Microsoft, and Facebook — companies that often directly compete against telecom company-backed content ventures and lucrative online advertising. Ironically, many Republicans that have strongly argued for deregulation have supported imposing new laws and regulatory oversight on some of these companies — notably Google and Facebook. Amazon joined the list as a result of President Trump’s ongoing feud with Jeff Bezos, Amazon’s CEO and owner of the Washington Post.

Backing the BfA’s lobbying push for a new net neutrality law are results from a suspect BfA-commissioned (and paid for) study by a polling firm that claims “87 percent of voters ‘react positively to arguments for a new legislative approach that sets one clear set of rules to protect consumer privacy that applies to all internet companies, websites, devices and applications.’” A full copy of the study, the exact questions asked during polling, and more information about the sampling process was not available to review. Instead, the conclusions were posted as an opinion piece by Inside Sources, a website that provides D.C. strategy, public relations, and lobbying firms with a free home to publish OpEds on behalf of their clients. Newspapers are allowed to reprint Inside Sources wire service content for free, sometimes without full disclosure of the financial arrangements behind the studies or author(s) involved.

The BfA campaign for a federal net neutrality law is not in isolation. The telecom industry has been on an all-out push for a new net neutrality law since Ajit Pai led the campaign to repeal the FCC rules. The industry’s campaign for pseudo-net neutrality has even won over some in the media like the editorial board of the Washington Post, that published its own OpEd in early October calling Wheeler’s use of Title II authority a regulatory overreach. The Post also has no patience for lawsuits being filed by telecom companies and the Justice Department against the state of California after passing its own statewide net neutrality law. The industry pushback in court is part of the Post’s argument for a new national law to ‘end confusion’:

The fight over net neutrality today can be reduced to a single sentence: Everyone is suing everyone else. Congress should step in.

The Justice Department said Sunday it will take California to court over its law requiring Internet service providers to treat all traffic equally. Those ISPs were already primed to sue states on their own. And California is one of more than 20 states suing the Federal Communications Commission over its repeal of the Obama administration’s rules. “We’re not out to protect the robber barons. We want to protect the people,” California Attorney General Xavier Becerra (D) told us.

The FCC abdicated its responsibility on net neutrality when it repealed the old rules with no adequate replacement. Now, without setting forth its own rules, the federal government is seeking to block states from creating their own. That may be frustrating to Americans who want an Internet where providers do not dictate what information reaches them and how fast. But a nationwide framework governing net neutrality would be preferable to a patchwork of state regulations establishing local regimes for systems that transcend borders. And creating that framework is up to Congress.

But not all are confused. California resident Bob Jacobson defended his state’s interests in a rebuttal to the Post’s editorial:

Absurd reasoning emanating from the nation’s capital of corruption, Washington, DC. California has always led the nation — including the Federal government — in the sensible, productive regulation and consequent growth of its telecom and information economy, now the world’s largest. The Moore Universal Telecom Services Act, passed in reaction to the breakup of the old AT&T, is still the nation’s only comprehensive, progressive telecom policy, its success reflected in California’s robust technological and social infrastructure. Rather than supersede California’s policies, our national and other state legislature’s and regulatory agencies should learn from and adapt them to better serve equally all the American people. (And get rid of that mockery known as the Trump FCC.)

Wall Street’s Latest Great Idea: Providers Should Charge More for 5G, But Only After You Are Hooked

“You’re giving it away… you are giving it all away!” — An unknown Wall Street analyst tossing and turning in the night.

America is simply not paying enough for wireless service. Thanks to dastardly competition introduced by T-Mobile and Sprint (potentially to be snuffed out in due course if their merger gets approved), wireless pricing is no longer a license to print money. Forced to offer one-size-fits-all affordable $40-50 unlimited plans, the prospects to grow Average Revenue Per User (ARPU) have never been worse because you can’t charge people for more service on an “unlimited plan” without admitting that plan is not exactly “unlimited.”

Wall Street analysts, already upset at the thought of carriers spending more than $100 billion on 5G network upgrades, are in a real tizzy about how companies are going to quickly recoup that investment. No matter that some wireless companies have profit margins in the 50% range and customers have paid providers for a service they were assured would keep up with the times and network demand. If there is to be a 5G revolution in the United States, some insist it must not come at the cost of reliable profits — so the industry must find a way to stick consumers with the bill.

It is not common for industry analysts to go public brainstorming higher prices and more customer gouging. After all, North Americans already pay some of the highest cell phone bills in the world, only mitigated (for now) by scrappy T-Mobile and Sprint. Mark Lowenstein, a leading industry analyst, consultant, and commentator, was willing to go public in the pages of Fierce Wireless, arguing “operators should be considering charging a premium price for what will hopefully be a premium service.” That is likely music to the ears of AT&T and Verizon, both frustrated their pricing power in the market has been reduced by credible competition from a significantly improved T-Mobile.

Lowenstein fears the prospects of a “race-to-the-bottom 5G price war” which could arrive if America’s wireless companies offer a credible home internet replacement that lets consumers tell the local phone or cable company to ‘take a hike.’ Since wireless operators will bundle significant discounts for those who subscribe to both home and mobile plans, telecommunications services may actually cost less than what Wall Street was banking on.

Something must be done. Lowenstein:

In mobile, there’s been premium pricing for premium phones. And Verizon Wireless, for a few years when it had a clear network lead, was sort of able to charge a higher price for its service (but not a premium price). But today, there isn’t really premium pricing for premium services. That should change when 5G really kicks into gear.

So how do you extract more cash from consumers’ wallets? Create artificial tiers that have no relationship to the actual cost of the network, but could potentially get people to willingly pay a lot more for something they will initially get for a simple, flat price:

One simple way would be a flat premium price, similar to the “tiers” of Netflix for a higher number of devices or 4K/Ultra HD.  So, perhaps $10 per line for 5G, or $25 for a family plan. Another approach would be more akin to broadband, where there are pricing tiers for different levels of service performance. So if the base 4G LTE plan is $50 per month today, for an average 100 Mbps service, 5G packages could be sold in gradations of $10 for higher speeds (i.e. $60 for 300 Mbps, $70 for 500, $80 for 1 Gbps, and so on). An interesting angle on this is that some of the higher-end 4G LTE services such as Gigabit LTE (and beyond) could get incorporated into this, so it becomes less of a 4G vs. 5G discussion and more of a tier of service discussion.

I would also like to see some flexibility with regard to how one can purchase 5G capabilities. For example, a user might only need those premium 5G features occasionally, and might only be prepared to pay that higher price when the service is being used. Here, we can borrow from the Wi-Fi model, where operators offer a “day pack” for 5G, or for a certain city, location, or 5G-centic app or experience. 5G is going to be hot-spotty for awhile anyway, so why not use a Wi-Fi type model for pricing?

Even better, now with net neutrality in the ash heap of history, courtesy of the Republican-dominated FCC, providers can extract even more of your money by artificially messing with wireless traffic!

Lowenstein sees a brand new world of “app-centric pricing” where wireless carriers can charge even more to assure a fast lane for those entertainment, gaming, and virtual reality apps of the future, designed to take full advantage of 5G. Early tests have shown millimeter wave 5G networks can deliver extremely low latency traffic to customers from day one. That kills the market for selling premium, low-latency add-ons for demanding apps before companies can even start counting the money. So assuming providers are willing to purposely impede network performance, there just could be a market selling sub-100ms assured latency for an extra fee.

The potential of a Money Party only 5G can deliver is coming, but time is short to get the foundation laid for surprise toll lanes and “premium traffic” enhancements made possible without net neutrality. But first, the wireless industry has to get consumers hooked on 5G at a tantalizingly reasonable price. Charge too much, too soon and consumers may decide 4G LTE is good enough for them. That is why Lowenstein recommends operators not get carried away when 5G first launches.

“We don’t want to be setting ourselves up for a WiMAX-like disappointment,” Lowenstein writes. “The next 12-18 months are largely going to be ‘5G Experimentation’ mode, with limited markets, coverage, and devices. Heck, it’s likely to be two years before there’s a 5G iPhone in the United States, where iOS still commands nearly half the market.”

The disappointment will eventually be all yours, dear readers, if Lowenstein’s recommendations are adopted — when “certain milestones” trigger “rate adjustment” letters some day in the future.

Lowenstein sees four signs to start the pillaging, and we’ve paraphrased them:

  • Coverage: Wait until 30-40% of a city is covered with 5G, then jack up the price. As long as customers get something akin to 5G one-third of the time, they’ll moan about why their 5G footprint is so limited, but they will keep paying more for the scraps of coverage they get.
  • Markets: Price the service differently in each market depending on how stingy customers are likely to be at different price points. Then hike those prices to a new “nationwide” standard plan when 5G is available in the top 20-30 cities in the country. Since there may not be much competition, customers can take it or leave it.
  • Performance: AT&T and Verizon’s gotta gouge, but it’s hard to do it with a straight face if your 5G service is barely faster than 4G LTE. Lowenstein recommends waiting until speeds are reliably north of 100 Mbps, then you can let rip with those diamond-priced plans.
  • Devices: It’s hard to extract another $50-100 a month from family plan accounts if there are an inadequate number of devices that support 5G. While your kids “languish” with 4G LTE smartphones and dad enjoys his 5G experience, mom may shut it all down when the bill comes. Wait until everyone in the family can get a 5G phone before delivering some good old-fashioned bill shock, just like companies did in the golden days of uncompetitive wireless.

These ideas can only be adopted if a lack of competition assures all players nobody is going to call them out for pickpocketing customers. Ajit Pai’s FCC won’t interfere, and is even subsidizing some of the operators’ costs with taxpayer dollars and slanted deregulation to let companies construct next generation 5G networks as cheaply as possible (claiming it is important to beat China, where 5G service will cost much less). Should actual competition remain in the wireless market, all the dreams of rate-hikes-because-we-can will never come true, as long as one carrier decides they can grow their business by charging reasonable prices at their competitors’ expense.

Only Co-Ops Can Fix West Virginia’s Dismal Broadband Desert

West Virginia still ranks 43rd in the nation for having the worst broadband availability, despite claims from providers like Frontier Communications that rural broadband expansion has been ongoing and have cost the company tens of millions of dollars.

The state’s two senators are working to get more attention on broadband issues in one of the country’s most rural and mountainous states, despite the fact the free market is not likely to solve West Virginia’s broadband woes.

“Broadband high-speed is tremendously needed,” said Senator Joe Manchin (D-W.V.). “We have over 18 to 20 percent of West Virginians not connected whatsoever.”

“I’m working everyday on this in a bipartisan way,” said Senator Shelley Moore Capito (R-W.V.). “It’s essential for our economy, our health care, our education. All of the things that are in a new economy.”

The federal government has distributed broadband grant funds to help address rural broadband unavailability, but after a decade of assistance, rural residents often remain without service. Charlie Dennie believes taking charge of broadband issues on the local level is the only way broadband problems will finally be resolved. Dennie is a big believer in public broadband co-ops, where local communities manage their own internet access affairs without waiting around for big phone and cable companies or the federal government. Dennie runs a business in the state that depends on broadband, and if he waited for incumbent providers like Frontier to deliver 21st century broadband service, his business is likely to go out of business.

That prompted him to write this commentary:

Dennie

Much of West Virginia is a broadband desert, and we have been foolishly pleading with the major carriers for water.

Recently, we seem to be coming to terms with reality. The reality is, they’re not coming, broadband is not a utility. The international, modern-day, robber barons dominating internet delivery have no obligation or incentive to meet our needs. Their aggressive return on investment models can’t be met in the small markets. Still, they attempt to roadblock appropriately scaled providers from entering the market and meeting our needs.

Since internet and cable TV are not utilities, the carriers are free to pick the low hanging fruit of our more densely populated communities and move on, leaving smaller markets stranded on the wrong side of the digital divide. The major carriers’ only obligations or concerns are with Wall Street. Main Street and all that term implies is not a consideration.

If we’re going to see our desert watered and blooming, we’ll be digging our own wells, meaning, building our own networks. The incumbent telephone companies and the cable TV providers bristle at this idea. The major providers spent over $66 million last year to lobby the states and Congress. Twenty-one states have now roadblocked or outlawed municipal or community-owned fiber. Municipal or community owned fiber is a serious threat to the status quo.

In years past, no one would have been surprised if West Virginia lawmakers had sat on their hands and done nothing or, enacted more protectionist legislation. That didn’t happen with this Legislature. Paraphrasing Bob Dylan, “The times they are a-changing.”

During the 2017 legislative session, I witnessed the boldest and most fearless leadership in my memory. The House of Delegates Judiciary Committee led by its chairman, Del. John Shott (R-Mercer), and Vice-Chairman, Del. Roger Hanshaw (R-Clay), introduced HB-3093. It was a sweeping piece of legislation sending a strong message to the incumbent internet providers to provide better service or make room for someone who will.

Carmichael

HB-3093 created the West Virginia Broadband Enhancement Council, streamlined the process for attaching fiber to utility poles, cleared the way for new construction methods, authorized the West Virginia Economic Development Authority to make loan guarantees for broadband construction and authorized the creation of cooperative associations for internet. As a proponent of the legislation, I requested a public hearing. Gathering in the House chamber only hours before the vote, industry lobbyists voiced strenuous objections. The strongest objections to the bill were the provisions streamlining attachments to utility poles and authorizing cooperative associations to provide broadband.

HB-3093 passed the house with 97 votes. I spoke to Senate President Mitch Carmichael (R-Jackson), just before the bill was introduced in the Senate. Sen. Carmichael had the power to keep the bill from advancing and Frontier, his employer at the time, was out in force to stop it. Before the bill went to the floor Sen. Carmichael said to me, “They’ll fire me, but I have to do what I think is right.” HB-3093 passed the Senate with Sen. Mike Romano (D-Harrison), casting the single, dissenting vote. A few days later, Frontier Communications fired Sen. Carmichael. Today, there are some who want to “Ditch Mitch,” but I will always remember the day he was called to choose between his economic self-interest and what was best for his constituency. Mitch fell on his sword. He did what he thought was right.

It’s important to know where you have been to understand where you are going, and this is only a chapter of our emerging broadband story. Changing the rules that protect the powerful to move us forward requires courageous leadership. If you believe broadband isn’t a political issue, I can give you 66 million reasons why you couldn’t be more wrong.

Ironically, community owned networks will be good for the current providers. The community owned networks provide the “last mile” to the home or business that enables delivery of high-speed internet. The community networks still need the content provided by current carriers. The communities will have choices and can negotiate with providers. Everybody wins.

I’ll have more for you later. Meanwhile, visit the broadband council at https://broadband.wv.gov. Take the speed test, then look under the “Resources Tab” about co-ops. Ignore the naysayers. I’ll show you how co-ops will change everything.

Fixed Wireless Not a Good Solution for Rural Areas; Usage Demand Outstrips Capacity

Morrow

Australia is learning a costly lesson finding ways to extend broadband service to rural areas in the country, choosing fixed wireless and satellite networks that will ultimately cost more than extending fiber optic broadband to rural customers.

Australia’s National Broadband Network (NBN) is tasked with supplying virtually all of Australia with internet access, using fiber/wired broadband in urban and suburban areas and fixed wireless and satellite internet access in the country’s most remote locations.

But just a few years after debuting satellite broadband and fixed LTE 4G wireless service in many parts of the country, demand has quickly begun to overwhelm capacity, forcing costly upgrades and punitive measures against so-called “heavy superusers.” The NBN has also scrapped plans to introduce higher-speed fixed wireless services, fearing it will only create additional demands on a network that was not envisioned to manage heavy broadband usage from video streaming.

NBN CEO Bill Morrow has elected to place most of the blame on his customers, specifically “superusers” that he characterized as “online gamers” who spend hours during the day and peak usage periods consuming large parts of the fixed wireless network’s available capacity.

“In the fixed wireless, there’s a large portion [of end users] that are using terabytes of data,” Morrow said. “We’re evaluating a form of fair use policy to say, ‘We would groom these extreme users.’ Now the grooming could be that, during the busy period of the day when these heavy users are impacting the majority, that they actually get throttled back to where they’re taking down what everybody else is taking down.”

Under the current NBN fair use policy, monthly downloads per household are capped at 400 GB, with maximum usage during peak usage periods limited to 150 GB a month, which is already significantly less than what most average American households consume each month. With expensive and unexpected early upgrades to more than 3,100 cell towers to manage rapidly growing usage, the cost of service is starting to rise substantially, even as usage limits and speed reductions make these networks less useful for consumers.

In areas where the NBN extends a fiber optic network, the fixed wholesale price for a 50/20 Mbps connection is $32.00 (U.S.) per month. (A 100/40 Mbps connection costs $46.25). For fixed wireless, prices are rising. A 50/20 Mbps fixed wireless connection (with usage cap) will now cost $46.25 a month.

Morrow took heat from members of Parliament over his claim that online gamers were chiefly responsible for slowing down the NBN’s fixed wireless network.

“With great respect to everything you said over the last 15 minutes, you have been saying to us the problem here is gamers,” said MP Stephen Jones (Whitlam).

Morrow clarified that online gamers were not the principal cause of congestion. The main issue is concurrency, which drags down network speeds when multiple family members unexpectedly use an internet connection at the same time. The worst congestion results when several family members launch internet video streams at the same time. Online video not only leads average users’ traffic, it can also quickly outstrip available cell tower capacity. High quality video streaming can quickly impact 4G LTE service during peak usage periods, driving speeds down for all users. The NBN now considers these newly revealed capacity constraints a limit on the feasibility of using wireless technology like LTE to supply internet access.

The current mitigation strategy includes limiting video bandwidth, discouraging video streaming with usage caps or speed throttles, capacity upgrades at cell towers, and public education requesting responsible usage during peak usage times. With capacity issues becoming more serious, Morrow canceled plans to upgrade fixed wireless to 100 Mbps speeds because of costs. The proposed upgrades would have cost “exponentially” more than wired internet access.

Hype vs. Reality: Most Australians reject fixed wireless and satellite internet as woefully inadequate. (Source: BIRRR)

Actual Fixed Wireless speeds

Actual Satellite Internet speeds

The concept of supplying fixed wireless or satellite internet access to rural areas may have made sense a decade ago, but there are growing questions about the suitability of this technology based on growth in consumer usage patterns, which increasingly includes streaming video. The cost to provide a sufficiently robust wireless network could easily rival or even outpace the costs of extending traditional fiber optic wired service to many rural properties currently considered cost prohibitive to serve. In Australia, fixed wireless and satellite has delivered sub-standard access for rural consumers, and requires the imposition of “fair usage” caps and speed throttles that inconvenience customers. For now, Morrow believes that is still the best solution, given that Australia’s national broadband plan relies heavily on wireless access in rural communities.

“[The benefit of a fair usage policy is] big enough to where if we did groom them during the busy time of the day, it would be a substantial [speed] lift for people,” he said. “I don’t think there’s a silver bullet in any of this – this is going to require us to think through a number of different areas.”

Better Internet for Rural, Regional and Rural Australia (a volunteer consumer group) shares horror stories about relying on satellite to solve rural broadband problems. (7:50)

 

Stop the Cap! Endorses Zephyr Teachout for N.Y. Attorney General

Phillip Dampier August 27, 2018 Editorial & Site News, Public Policy & Gov't No Comments

Teachout

It may not be a surprise to our regular readers that our biggest audiences, as measured by Google’s analytics, are concentrated in New York City, Albany, and the upstate cities of Rochester-Buffalo-Syracuse — all in New York, closely followed by Washington, D.C., and Southern California. Stop the Cap! is headquartered in Rochester, N.Y., but the broadband issues affecting upstate New York are identical almost everywhere, because companies like Charter and Comcast, AT&T and Verizon dominate in many states.

For the benefit of our New York readers, we would like to take a moment to endorse one candidate for our state’s next attorney general. Who wins this race will have a ripple effect on almost all of our readers, because New York’s long history providing oversight of critical public and private utilities impacts not only on the people living here, but often sets precedents that deliver real benefits to consumers across all 50 states.

New York needs a strong and active attorney general, especially at a time when a pervasive culture of corruption in Washington, D.C. and Albany continues to fester. An attorney general can provide independent oversight and investigate behavior the current Congress and state legislature refuse to do for partisan reasons. Corruption, corporate influence, and pay-for-play politics is a bipartisan problem.

Our last attorney general, Eric Schneiderman, horrified us after revelations he allegedly physically assaulted some of the women he dated while also claiming to be a strong ally for the #MeToo movement. Many of his public policy positions were admirable, but his irresponsible, reckless, and unforgivable behavior reminded New Yorkers how flawed many of our state’s elected officials are. Schneiderman was just the latest to resign over a decade of resignations including a former governor, legislative leaders, aides, and elected officials from Buffalo to Long Island.

What New York needs now is a new generation of not-well-connected politicians that have no interest in joining an insider network of good ‘ole boys (and girls) who cynically cut deals and look the other way for political expediency. We need leaders that pledge loyalty, not to the party they belong to, but to the people they were elected to serve. That means an end to “everybody does it” campaign trolling for corporate cash, friendly (usually secretive) meet and greets with Wall Street, and wink and nod pledges of “understanding” by those taking frequent trips through the revolving door of public office and industry. New York has seen the impact of these practices in major scandals up and down the state involving deep pocketed construction companies, Wall Street banks, wealthy donors, and various well-connected business interests looking for contracts or tax breaks.

This time, there is a candidate that will deliver exactly what New York needs in an attorney general. Zephyr Teachout couldn’t be more independent if she tried. She wrote a book on political corruption, ran against New York’s current governor Andrew Cuomo, has been involved in a number of public policy groups advocating campaign finance reform, sunshine laws, protection from voter suppression, and providing stronger oversight of corporate interests, including a willingness to break up corporate monopolies.

On telecommunications issues, she couldn’t be a stronger candidate:

  • She opposed Charter Communications acquisition of Time Warner Cable.
  • She is tired of unopposed, competition-killing mergers like AT&T and Time Warner (Entertainment), Inc.
  • She favors net neutrality.
  • She supports public/municipal broadband, and for spending public money to resolve rural broadband problems.
  • She will continue a lawsuit against Charter Communications for failing to meet its obligations to customers.
  • She will fight the pervasive and corrosive impact of corporate political contributions and their distortion of public policy.

New York voters have several options to choose from for our next attorney general. Among the Democrats, New York City Public Advocate Letitia James has taken on Charter/Spectrum downstate and railed against Verizon’s broken FiOS commitments in New York City. While she now seems intent on carefully investigating Charter’s performance, that comes a little late. New York City has faced a number of problems with telecom companies breaking their commitments, many while James was in office. Those companies do not seem to be afraid of her. Her campaign platform seems focused on downstate issues that are likely not going to attract significant support upstate.

New York’s primary day is Sept. 13.

Leecia Eve is the establishment favorite for attorney general. Her website says little about her positions, but her resume speaks uncomfortable volumes about her close ties to the Clintons and the D.C. Democrats that enabled the telecom industry’s era of consolidation while doing almost nothing to stop monopoly abuse. Even worse, she is a veteran of D.C.’s revolving door, moving between government and private business in an all-too-familiar game that rarely turns out well for constituents. The deal breaker for us is Eve’s current job — a lobbyist for Verizon New York, New Jersey, and Connecticut. She actually calls that experience a plus. Not for us. There are far better choices.

Sean Patrick Maloney is the first openly gay member of Congress elected from New York. Previously, he was a partner at two global law firms and ran a high-tech business. He is dubbed ‘the upstate candidate’ because he currently represents the 18th district, which includes all of Orange County and Putnam County, as well as parts of southern Dutchess County and northeastern Westchester County. His district includes Poughkeepsie. He is considered to the right of the other candidates, likely reflecting the more conservative upstate views of his district, where Donald Trump won over Hillary Clinton by just under two points in the 2016 presidential election.

Maloney’s campaign positions are thin, mostly focused on blocking Trump Administration policies that impact New York, particularly those on immigration. He also claims he will fight to stop corruption in Albany, but has said little else.

He is, by far, the most strident candidate in the race, reflecting a ‘tough talk’ style, sometimes laced with profanity, that usually doesn’t hurt candidates in New York politics. His message: he won’t take any crap from the president or his supporters.

“I don’t give a f**k what the Trump fans say. That’s not what this is about,” Maloney said in response to a question about Trump supporters’ feelings about his sexual orientation and family. “This is about speaking from the heart. About a family I’ve built for 25 years that’s in the crosshairs of these assholes. And doing something about it.”

He’s also upset about the less-than-robust response from fellow Democrats to rhetorical bomb-throwers on the right during the last two years of Donald Trump’s presidency.

“It feels like the people who are fueled by hate, demagoguery and anger have their sh*t together, and those of us who want to talk about love and hope and inclusion have been hiding in the shadows,” he said. “And it’s time to get out of the shadows and at least defend our ground. But I’d rather even get on offense.”

Maloney’s strong beliefs and style seem better suited to Congress than the state attorney general’s office. Although no stranger to grandstanding, the AG’s office usually spends most of its time reaching private settlements with offenders or taking them to court.

The Republicans have endorsed Keith Wofford for attorney general. His platform is wrapped around the premise the attorney general’s office in New York has been too hostile to companies in New York, essentially extorting settlements and deal conditions that hurt corporate interests while spending too much time on oversight and compliance and not enough time on attracting new businesses and jobs. That’s a philosophy former Oklahoma AG Scott Pruitt (who served as the president’s EPA administrator until his resignation in July) would strongly endorse.

“The business environment here is horrible— and the attorney general has been a big part of that problem,” Wofford writes. “Recent AGs have twisted New York’s laws, strong-armed companies to settle flimsy lawsuits, and used New York companies as a piggy bank. This has driven away jobs and investment. And the cost falls upon all New Yorkers, who are denied jobs and opportunity — because businesses refuse to invest here, or simply leave.”

After two years of the Trump Administration’s scandalous performance allowing corporate foxes to patrol the hen houses, Wofford’s double-down on Trump’s policies is woefully out-of-place.

For all these reasons, Stop the Cap! strongly endorses Zephyr Teachout for New York’s next attorney general. She is right on our issues and will instinctively fight to stop consumer abuse, often before it starts. She will be immune to the influences of corporate cash and the kinds of cozy Albany-insider politics that have allowed corruption to fester for too long.

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  • Todd: If the fine print is that bad, it's just as bad as Spectrum's $14.99 Internet Assist. They offer it, but no one can actually qualify to get it. It s...
  • Mike W.: They are not doing the right thing by any means. This is simply a PR stunt to make them look good to everyone who doesn't realize this is a BS progra...
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