Veteran Assembly Speaker John Pérez, the Grand Marshal of a parade of incoming lawmakers attending AT&T’s festivities.

The ballots counted and the winners declared, newly elected members of the California State Assembly could have paused a few days to pen thank you notes or call supporters. Despite an uncommonly grueling campaign, there was simply no time for that when some of America’s largest corporations come calling with trips and gifts worthy of the grand prize on a game show.

More than a few consoled themselves (for now) with something closer to home — wiling away several hours inside AT&T’s luxury suite watching a Kings game with a corporate lobbyist.

Welcome to the world of lobbying on the state level — where “oversight,” “accountability,” and “unseemly” are mere words in a dictionary.

After a historic independent, bipartisan panel redrew California’s electoral districts without the usual political gerrymandering, a number of new faces are headed to Sacramento to do the people’s business. That represents trouble for AT&T and other major corporate interests, who promptly flooded the freshman class with offers of free trips, luxury suites, golf outings, and other “educational opportunities.”

“‘Hey guys, line up and receive your gifts,'” Bob Stern, former chief counsel to the state Fair Political Practices Commission half-joked to a reporter for the Los Angeles Times.

California’s electoral reform was supposed to discourage state lawmakers from finding themselves representing the interests of major corporate benefactors above those of the voters that elected them, but loopholes are everywhere.

The state Democratic party provides cover for legislators with their hands in the goody bag. Veteran Assembly Speaker John Pérez (D-Los Angeles) led the unseemly parade of a dozen newly-elected lawmakers to AT&T’s informal shindig at the Sleep Train Arena, where their host — the chief lobbyist for AT&T in California — was standing at the door waiting to shake hands. Ethical violation? Not a chance.

The rule that lawmakers must not take more than $420 in gifts per year was easily sidestepped by redefining the gathering as a state Democratic Party event, not one sponsored by AT&T.

That allowed freshman Jim Frazier, representing Oakley, to confuse his time at AT&T’s Luxury Lounge with an open town hall. Frazier told the newspaper the time with AT&T corporate officials was “a great opportunity to start meeting the people who worked so hard to represent their districts.”

Jose Medina, the incoming assemblyman from Riverside readily agreed, noting that spending time with corporate lobbyists was “part of my job” and that it would have no impact on his decisionmaking, with the exception of pondering another plate of AT&T’s Clams Casino or holding out for the next round of Hot Cheese Puffs.

The face time is a golden opportunity for company lobbyists to “educate” freshman lawmakers about the issues, at least the way companies like AT&T see them.

If sports with AT&T isn’t exciting enough, lawmakers can select from a wide menu of vacationing alternatives, ranging from trips to Hawaii paid for by tobacco lobbyists and Big Pharma, or jet-setting to Brazil bankrolled in part by Chevron.

Philip Ung, an advocate with Common Cause, was unimpressed with the freshman defense for racking up corporate frequent flyer miles.

“They have obviously convinced themselves that the people’s business is best solved poolside with mai tais in hand,” he told the Times. “Congress [on the federal level] banned this type of travel years ago.”

Phillip “Do you want to depend on AT&T for phone service that could be gone with the wind for weeks?” Dampier

Superstorm Sandy is getting credit for exposing the thin veneer of the “wireless future” some phone companies want to give their most rural customers after disconnecting their home phone lines in favor of wireless service.

Unfortunately for the providers selling you on the wireless revolution, reality intruded last month when Category 1 Hurricane Sandy arrived. In its wake, the storm obliterated a significant amount of wireless phone service for weeks in some of the most urbanized sections of the country, while leaving underground, traditional wired phone service largely untouched.

The storm that blew into the northeastern U.S. Oct. 29 left a legacy of interrupted or inadequate cell service that lasted more than two weeks. AT&T and Verizon Wireless reported their networks were not fully restored until Nov. 15. Sprint and T-Mobile are still addressing some issues with their networks as of today.

Although the storm was enormous in scope, it was only a Category 1 hurricane. It could have been much worse.

So where did things go wrong?

Although some sites lost their wired backhaul connection which connects the tower to the provider, the biggest problem was commercial power interruption. Without power, many providers were caught flat-footed with inadequate on-site backup plans to keep cell towers up and running until regular power could be restored.

The wireless industry fought tooth and nail against common sense regulations proposed by the Federal Communications Commission after Hurricane Katrina devastated infrastructure and power facilities in southern Louisiana and Mississippi.

The FCC proposed that every cell tower be equipped with on site battery backup equipment that could sustain service for a minimum of eight hours — sufficient time for power to be restored or company engineers to arrive with more robust generators.

Providers howled about the cost of outfitting the nation’s 200,000 cell sites with even a conservative amount of backup power. The cellular industry lobbying group and Sprint sued, calling it a wasteful and unnecessary mandate. The Bush Administration eventually dropped the whole matter in November 2008 as part of its war on “burdensome” regulation.

Since then, providers have been free to design their own emergency backup plans, or have none at all. Few have made those detailed plans public, giving customers information about how likely their cell phone will work in the event of a disaster.

Verizon Wireless has been the most aggressive, voluntarily adopting the proposed FCC standards and outfitting all of their cell sites with a minimum of eight hours of battery backup power. Other providers have backup facilities at some sites, often with lower capacity batteries that won’t last as long.

Sandy illustrated that even eight hours might be inadequate. Many cell sites were on generator power for more than a week, assuming engineers could regularly reach each tower with equipment and fuel.

Other cell sites could not be returned to service immediately because of major wind damage or flooding. Those that were in service were often overburdened by enormous call volumes.

Meanwhile, unless your landline provider’s central office was flooded, your phone line kept working during and after the storm, especially if your neighborhood wiring is buried underground.

In many cases, it was the only thing working, because traditional phone lines are independently powered and not dependent on electric service in your home to operate. That is what kept your dial tone humming even as your smartphone’s battery ran out.

Ironically, the network that performed the best through the storm is the same one AT&T and Verizon would like to phase out, starting in rural areas. AT&T wants to completely abandon wired service in its most rural service areas, where calling and waiting for emergency assistance is already a hindrance. AT&T plans to spend billions to bolster its rural cell tower network to cover the landline areas it wants to abandon, but those communities would be entirely dependent on the reliability of that network, because AT&T’s competitors are unlikely to build additional infrastructure to compete.

As Sandy just demonstrated, if high-profit Manhattan customers could not be assured of reliable cell phone service from any company that provide service there, how likely is it that a customer in rural Kansas will be in real trouble summoning help over AT&T’s wireless infrastructure in the event of a cell tower failure, wiping out the only telecommunications service available in nearby towns?

Time Warner Cable would like to thank the city of Charlotte and the state of North Carolina for the generous handouts of taxpayer-funded corporate welfare that helped make their newly-christened $82 million data center possible.

In return, Charlotte residents pay the nation’s highest cable bills, according to a piece in the Charlotte Observer.

Time Warner Cable maintains a cozy relationship with state and local officials — friendly enough to help win the company a state Job Development Investment Grant worth up to $2.9 million in public tax dollars in return for hiring 225 workers in their eastern national data center. Critics contend Time Warner was going to need to hire workers with or without the grant.

According to WhiteFence, the average Charlottean paid $51.18 for standalone high-speed Internet services in October.

The group surveys pricing from utility providers nationwide and builds a national price index for different services, including broadband.

No city pays higher prices that Charlotte, N.C., according to the group. The WhiteFence Index also shows Internet pricing is rising steadily, up from less than $40 charged this past May.

The Libertarian Party of North Carolina is probably the biggest opponent of corporate welfare handouts in the state:

By taking money from the taxpayers and giving it to businesses in the form of “corporate incentives,” our state and local governments are playing a game of Reverse Robin Hood. They are robbing from the poor and giving to the rich. The Libertarian Party of North Carolina denounces all corporate welfare programs as fiscally irresponsible and calls for their immediate abolition.

Millions of dollars are taken every year from our taxpayers and stashed into various funds and programs at all levels of government. The purpose of these funds is supposedly to attract businesses to our area and help them expand, under the theory that this will create jobs and promote general prosperity.

This theory has two fundamental defects. First of all, the government has no place in deciding which jobs should be created and maintained. A free market is infinitely better equipped to respond to the economic needs of businesses and consumers. When the government starts funding already successful companies, it becomes harder to compete in the marketplace if you have a new company with an innovative idea or service.

More directly, we can not have general prosperity until we rid ourselves of our excessive tax burdens. The first cause of economic prosperity is when consumers have money to spend. But we have less and less spending money, as governments take more and more from our paychecks. And then they use that money taken from us as legal bribes to entice their corporate favorites to come to North Carolina.

Time Warner Cable has a usage meter up for some customers.

New York City area residents browsing through the My Services section of the Time Warner Cable website had an unwelcome introduction to the company’s new Usage Meter, located under the My Internet tab.

Time Warner has been gradually rolling out the “activity tracker” to all of its service areas, ostensibly for its Internet discount plan Internet Essentials, which offers a $5 discount to customers who keep their monthly usage under 5GB per month.

Although the company insists customers will not lose access to unlimited service (but does not indicate what customers could eventually end up paying for it), the usage meter is not well-received, particularly by customers who found it completely inaccurate.

One customer reported their Time Warner meter showed 161MB of usage… in July, with no usage since.

A Fairview, N.J. Broadband Reports reader was even more concerned to discover the cable company counted 4GB of usage between Oct. 28 and Oct. 31. That was a remarkable feat, according to the customer, because his service was knocked out during that time by Hurricane Sandy. Perhaps the hurricane wanted to stream some old episodes of Jersey Shore to contemplate its “before and after” strategy.

Time Warner’s meter, like that of every other cable or phone company provider, is not subject to independent review or audit by a neutral third party or government oversight. Some companies claim to have third-party verification through outside companies, but critics contend those outside entities have a direct financial interest reporting results that are positive to the company that paid for the review.

Time Warner’s maze of explanations and excuses still don’t add up.

Instead of waiting for the outcome of a class action case against Time Warner Cable’s new $3.95 monthly modem fee, readers might do better taking their case direct to the company. Longtime Stop the Cap! reader “PreventCAPS” rattled the cages of Time Warner’s social media customer service representatives, which resulted in credits worth six months of modem rental fees.

Our reader tells us he brought pointed questions about the modem fee, complaints about the inconsistent reasons for imposing them, and irritation about the lack of notification.

Some Q&A:

Q. Why is Time Warner Cable now charging a modem fee? Earlier reports that the fee would cover the cost of equipment do not make sense because the company is not automatically supplying customers with new cable modems and already assesses $24-150 penalty fees to “cover costs” of damaged or unreturned cable modems. 

A. Time Warner Cable now says the fee is to cover the costs of increasing broadband speeds. A representative explained that the company wants to make sure everyone can be assured of getting the speeds advertised, and there are still customers with DOCSIS 1x equipment that can only support broadband speeds up to 9Mbps, which already conflicts with the company’s advertised 10Mbps Standard Service speed (soon to be 15Mbps).

Our Take: DOCSIS 1x equipment was recalled from western New York customers years ago. It was first introduced locally in 1998 and is long past its expiry date. It is a safe bet only a very tiny percentage of Time Warner customers still have first generation equipment. The overwhelming majority of current broadband customers have DOCSIS 2 modems, many installed years earlier. Those customers will keep that equipment for years to come unless they choose to upgrade to 30/5Mbps speeds or higher because a DOCSIS 3 modem is required for faster speeds. Our reader pointedly asked if the new modem fee guarantees every customer will receive the newest equipment and increased service. The answer in response was “no.”

These phony explanations and justifications tapdance around the reality this modem fee is being introduced as a revenue enhancer — nothing more, nothing less.

Customers are not buying this!

Q. Why is the list of supported DOCSIS 3.0 modems so thin and limited?

A. The representative speculated the reason Time Warner Cable so heavily favored Motorola equipment came from contractual support agreements and guarantee obligations with that company. But the representative claimed Time Warner Cable “will activate and support any modem model they currently lease to customers.”

Our Take: This claim represents a new development, but one unlikely to prove consistent across the country. Time Warner Cable’s national call centers have employees currently trained to activate and support only those modems on the approved list. However, local technical support and “Tier 3” agents inside of local offices seem to have a more flexible attitude about accepting other equipment. This is a classic case of “your results may vary.”

Q. Why are there modem fees for Internet service but no modem fee if I use the exact same equipment for my Time Warner Cable phone service.

A. The representative claimed it has to do with Federal Communications Commission rules governing phone equipment.

Our Take: We are not certain what rules would apply in this case, but it is possible the company’s lawyers found some “exposure” if Time Warner began charging the fee for phone service equipment. Again, we suspect the fee applies to broadband primarily because it is the service customers are least-likely to cancel over a price hike. Phone service is more tenuous. Increase the price and disconnect requests are likely to rise.

Q. Why are these fees being instituted to “cover costs” when records show capital expenses for Internet service (and cable modem equipment) have dropped for the past three years in a row?

A. The representative claimed that capital costs don’t cover cable modems.

Our Take: That answer is completely inaccurate. Nice try. Stop the Cap! earlier reported that capital expenditures for customer premise equipment dropped for the last three years in a row. For the benefit of readers (and Time Warner Cable), here is the company’s own definition of that equipment¹:

“Such equipment includes digital (including high-definition) set-top boxes, remote controls, high-speed data modems (including wireless), telephone modems and the costs of installing such new equipment.”

 ¹- Time Warner Cable 2011 Annual Report, “TWC’s capital expenditures,” p.60