What is one of the most effective ways to stop competition in its tracks before it can even get off the ground? Reward a state legislator with generous campaign contributions who introduces a bill banning your would-be competitor and get back to business as usual.

Delegate Kathy Byron (R-Campbell County) has broadband, but many of the people who live and work in central and western Virginia near her district don’t. Located in south-central Virginia, the county of 55,000 endures similar broadband availability and quality problems other communities in the western half of the state experience. Located near the Blue Ridge Mountains, the county seat of Rustburg has areas served by DSL, and many other areas that are not. For telecom companies serving mountainous and rural communities in this part of the state, broadband is often not economically viable enough to meet Return On Investment formulas. In fact, the problems are so significant, the southwestern Virginia community of Claudville was selected as the nation’s first testing ground for “white space” wireless broadband, designed to serve sparsely populated rural areas.

Byron’s district in Campbell County is neither wealthy or rich in internet options. Like other communities in the region, the decline of manufacturing and the transition away from tobacco production has created enormous economic challenges. Campbell County is continuing to rely heavily on agriculture while other communities in Virginia and the Carolinas are reinventing themselves to participate in the 21st century knowledge economy. That requires 21st century broadband service, which Campbell County lacks.

Last fall, Campbell County Public Schools assistant superintendent Robert Arnold provided a frank assessment of the area’s broadband problems, telling The News & Advance schoolchildren in his district suffer from a “homework gap,” unable to complete assignments requiring the internet at home because those homes lacked access. A recent trial of “white space” broadband in the area proved unsatisfactory because, in Arnold’s view, it was unreliable.

Her bill, according to The Roanoke Times, is the height of hypocrisy for a Republican claiming to be pro-business development:

Byron’s bill would make it difficult for existing municipal broadband authorities to expand and new ones to get started. Curiously, for a bill sponsored by a Republican, it would create more regulation, by requiring that the state authorize any creation or expansion of a broadband authority (plus lays on other regulations, as well.) For a bill that purports to protect the free market, it actually distrusts the free market: If telecommunications companies were already providing the service the rest of the business community wanted, the business community wouldn’t be clamoring for local governments to step in.

The newspaper shouldn’t be surprised. Politicians willing to introduce these lovingly hand-crafted turf protection bills ask themselves only one question: are the generous corporate campaign contributions that usually accompany these “model bills” still worth it if the voters find out? Even if they do, a well-funded propaganda campaign sponsored by Big Telecom companies slamming municipal broadband as a government internet takeover or a guaranteed economic failure can help give politicians enough cover to avoid being exposed for selling constituents down the river.

It will therefore come as no surprise to regular Stop the Cap! readers that Virginia’s largest telecom companies have spent lavishly on Ms. Byron over the years. Her second largest contributor (next to the Republican Party of Virginia) is Verizon, which spent considerably more on her campaign than other well-heeled companies including Anthem and the Virginia banking lobby. Another major contributor is the Virginia Cable Telecommunications Association (more on that organization later). Others bringing checks include: AT&T, Sprint, CenturyLink, Comcast and the Virginia Telecommunications Association.

The pattern is all too familiar. Politicians take a sudden interest in telecommunications public policy and almost by magic produce a very detailed (and suspiciously similar) piece of legislation designed to make life impossible for public and community broadband projects, while claiming their bill will improve broadband.

In many cases, the politicians introducing these broadband ban bills are surprisingly unprepared to answer detailed questions about their own legislation, counting on local media to not scrutinize their logic too closely. But every so often, the blank stares and subject-changing that occurs when challenges are put to the alleged authors make us question if they actually read their own bill.

We have.

Also of concern, Ms. Byron and her bill expose several conflicts of interest she has elected to ignore and hope nobody notices, like her membership on the American Legislative Exchange Council’s Communications and Technology Task Force, notorious for promulgating state bills restricting or banning public broadband. ALEC funding comes, in part, from some of the nation’s largest telecom companies.

We noticed.

The backlash Ms. Byron is now receiving from unhappy rural Virginia communities and local media that have read her bill has apparently surprised her, and in subsequent newspaper letters to the editor, she has taken to playing the victim card. But that has not stopped her from maligning municipal broadband projects, hoping that shaking those shiny keys will distract enough people from focusing on what is actually in her bill.

We put her keys away.

Stop the Cap! has reviewed her bill, also known as House Bill 2108, and what we found astonished us more than usual, and we’ve seen just about every kind of shilling imaginable:

§ 56-484.28. Provision of broadband expansion services.

Notwithstanding any provision of the Virginia Wireless Service Authorities Act (§ 15.2-5431.1 et seq.) or any other provision of law, a locality or any affiliate may own and operate a broadband or Internet communications system, including ownership or lease of fiber optic or other communications lines and facilities, to provide broadband expansion services only if the following conditions are met:

1. The locality or its affiliate has obtained a comprehensive broadband assessment by report or study, by the Center for Innovative Technology, or an independent consulting firm knowledgeable and experienced in analyzing broadband deployment, which report or study is made available to the public and specifically identifies any unserved areas.  The locality or its affiliate shall be responsible for all fees charged by the Center for Innovative Technology or an independent consulting firm for the preparation of such comprehensive broadband assessment report or study.

2. Based upon the comprehensive broadband assessment, the locality or its affiliate formally adopts and publishes specific broadband goals regarding capacity, geography and documented demand for Internet services in the specific unserved areas which the locality or its affiliate desires to address.

3. The locality or its affiliate has issued a request or solicitation for proposals, consistent with the specific broadband goals of the locality previously identified, requesting the capital cost which an existing for-profit local Internet service provider offering communications services with broadband speeds would incur to meet the locality’s specific broadband goals by extending or upgrading such services with broadband speeds to any specific unserved areas of the locality identified in the comprehensive broadband assessment.  Copies of such request or solicitation shall be sent to any franchised cable operator and other known Internet service providers with local facilities offering communications services in the locality at least 180 days in advance of the deadline for the response to the request or solicitation for proposals. The governing body of the locality or its affiliate shall analyze any responses it receives to determine if capital grants or subsidies by the locality to pay for such extension by an existing provider would be more cost effective than construction and operation of a new distribution system by the locality or its affiliate.

4. If no incumbent broadband provider advises the governing body of the locality within six months after the release of the request or solicitation for proposal that it is willing or able to meet the local goals, either without a capital grant or subsidy, or with the capital grant or subsidy or portion thereof proposed by the locality, then the governing body of the locality or its affiliate, after a public hearing, may vote to authorize one or more projects, consistent with the specific broadband goals of the locality previously identified,  to provide broadband expansion services to unserved areas within the locality identified by the comprehensive broadband assessment report or study described above, which report or study shall not be more than one year old at the time of the public hearing.  The chief executive officer of the locality or its affiliate shall certify that the comprehensive broadband assessment report or study identification of unserved areas is still correct based upon information presented at the hearing.

5. Any locality or affiliate project to provide broadband expansion services shall be designed and built or otherwise implemented so that at the time of authorization, the project (i) does not duplicate existing broadband facilities offering broadband speeds to customers, within 90 percent of the geographic area of the project, and (ii) does not duplicate service to customers who already are in a position to connect to an Internet service offering broadband speeds, for 90 percent of the projected residential and commercial customers who will be served by the project or otherwise are within the service area of the project.

6. Any locality or its affiliates seeking to offer or offering broadband expansion services shall, at least 120 days prior to commencement of construction of any project, file with the Virginia Broadband Advisory Council, (i) copies of its report or study from the Center for Innovative Technology, including any updates or supplements thereto, (ii) copies of the minutes of the meeting at which it voted to authorize the offering of broadband expansion services, (iii) a map or description of each project and projected area in which it plans to offer broadband expansion services, (iv) an annual certification by July 1 of each year that any expansion to or changes in its projects or system since the preceding July 1 still qualify as broadband expansion services, and (v) an annual certification that its provision of services meets or in the case of a prospective or an incomplete project shall meet, the requirements of subdivisions 1 through 6 of § 56-484.30.  Any person who believes that any part of such filings is incomplete, incorrect or false and who is in the business of providing Internet services within the locality shall have standing to bring an action in the circuit court for the locality to seek to require the locality to either comply with the substantive and procedural content of the filings required by this section, or cease to provide services, and no bond shall be required for injunctive relief against the locality.

In condensed form, this section claims to help facilitate municipal broadband service in “unserved areas,” but then hamstrings local communities to an extent that makes offering such a service next to impossible. The irony of a Republican legislator advocating detailed and burdensome regulations for a publicly owned provider while concurrently supporting “hands-off” policies for her campaign contributor-provider pals should not be lost on her constituents.

The bill could have been called the “Virginia Duopoly Protection Act,” because it only really allows public broadband development in unserved areas, and only after a community pays for a “broadband assessment” that the bill also mandates be sent to its potential competitors — private cable and telephone companies. Imagine if AT&T was required to send copies of their business plans to Comcast and Charter.

Even worse, phone and cable companies are guaranteed a “heads-up” when a community provider is thinking about providing service, exactly where that service will go, and how much it will cost the community to offer it. Companies on the wrong side of the law used to hire spies to get that information from competitors. Byron’s bill makes Virginia communities pay for the postage required to mail those plans to telecom companies serving their area.

Being given access to what even cable and phone companies would consider highly confidential information isn’t enough. Ms. Byron’s bill allows them to take their time reading it. In fact, her bill gives incumbent providers up to six months to stall, sabotage, or undercut the community effort. They are given the right to underbid the community’s proposal and ironically deliver service in places they have previously refused to serve.

“While it’s good to be specific about what a community plans to do, incumbent providers don’t have to adhere to the same level of transparency,” noted Lisa Gonzalez at the Institute for Local Self-Reliance. “As a result, publicly owned networks are at a disadvantage under such requirements when an incumbent knows where, what, when, and how much a municipality intends to invest to bring service to its community. When incumbents build or upgrade, they are not subject to the same level of exposure. Potential private partners who may consider leasing infrastructure or working with a community in some other capacity could also be put off by drastic transparency rules.”

Any of Virginia’s phone and cable companies could end the demand for municipal broadband tomorrow by simply providing the level of service communities need to participate in the digital economy. That requires connected education and high quality broadband for entrepreneurs and established businesses. Instead of providing that, companies write large campaign contribution checks to state politicians like Ms. Byron to slow down or sabotage any emerging competition. While stalling germinating broadband projects, providers will spend millions to demagogue them in the local media, throw every obstacle in their path, and then point to the delays and cost overruns as evidence municipal broadband is a failure.

In Tennessee, EPB had to face down a deep-pocketed cable industry lawsuit before it could begin offering gigabit internet broadband and television service. EPB eventually won the lawsuit and the service now attracts a substantial market share in Chattanooga, but critics carp it was only successful because it got a federal grant. They ignore the fact it has paid substantial dividends in job growth and enhanced the lives of local citizens, who vote for the service with their wallets.

The fact critical cable and phone companies risk charges of hypocrisy doesn’t seem to move them, even though they are not averse to accepting tax breaks and other government goodies as well. That is why providers instead use well-funded third-party astroturf groups and legislators to do their dirty work. Byron’s bill is more obvious than most, with obstructive sections mandating very short windows for public hearings, blatant protectionism, and a thicket of bureaucratic regulations designed to give ample opportunities for industry mischief with the filing of frivolous motions to run out the clock and run up costs.

§ 56-484.29. Provision of overbuild broadband services.

Any locality or its affiliate that is providing overbuild broadband services as of July 1, 2017, may continue to serve customers within the geographic service area within which it is actually providing such services as of that date; however, except as hereafter provided such locality or its affiliate shall not subsequently expand the geographic scope of its services or expand the nature of the service being offered.  Any locality or its affiliate that is not actually providing overbuild broadband services as of July 1, 2017, or if providing such services, subsequently seeks to expand the geographic territory or nature of services being offered, shall submit a proposal to the Virginia Broadband Advisory Council with a full explanation of the proposed overbuild broadband services, and if recommended by the Virginia Broadband Advisory Council, shall then require the express approval of the General Assembly through legislation approving the offering or expansion of such services by the locality or its affiliate.

Since 2008, Stop the Cap! has reviewed industry-sponsored municipal broadband ban bills, and none to date have illustrated the level of conflict of interest we see here. We call on Virginian officials to carefully investigate the ties Ms. Byron has to cable and phone companies and the ethical concerns raised from her involvement in key state bodies that can make or break rural broadband in Virginia. Byron increasingly exposes an agenda favoring incumbent phone and cable companies that just happen to contribute to her campaign — companies she seems willing to protect at any cost.

In our investigation, we uncovered several disturbing details that suggest questionable behavior from Ms. Byron, primarily from her failure to disclose materially important facts about her bill to fellow elected officials and, more importantly, the public. So far, her only defense to questions raised by the media about her bill is to play the “misunderstood victim” card:

This may be yet another example of media arrogance manifesting itself as a lack of common courtesy. But, I believe the real culprit to be something far more dangerous: the editorial’s author was not going to risk being confused by the facts.

[…] Had someone contacted me, I would have told them about my years of experience serving on Virginia’s Broadband Advisory Council, which I currently serve as chairman. The purpose of the Council is “to advise the Governor on policy and funding priorities to expedite deployment and reduce the cost of broadband access in the Commonwealth.” The Virginia Broadband Deployment Act advances that goal. That’s why legislators serving on the Council support House Bill 2108. And, we’re in good company: The Virginia Chamber of Commerce, the Virginia Association of Realtors and the Northern Virginia Technology Council have all indicated their support for House Bill 2108.

In fact, we understand Ms. Byron, her telecom industry benefactors, and the special interests she mentions as supporters only too well. We invite Ms. Byron to refute some of our facts:

While broadband in major Virginia cities is no better or worse than other large cities in the region, there are vast areas in central and western Virginia where inadequate broadband service persists, and private providers have been reluctant or unwilling to change that. As a result, some municipalities are considering offering an alternative. Ms. Byron’s bill doesn’t just deter communities from entering the broadband arena in these areas, it carpet-bombs the entrance out of existence.

The section of her bill detailing requirements for community providers seeking to expand requires them to ask permission from an entity known as the Virginia Broadband Advisory Council, which Byron disturbingly chairs. If the goal of this Council is to pave the road to improved broadband, Byron’s bill is an enormous pothole. Restricting competition won’t help the Council’s goal of winning lower prices for consumers and businesses either, and last time we checked, broadband bills in Virginia are going up, not down.

Ms. Byron’s clear conflict of interest between her bill and the Council’s goals should be grounds for her immediate resignation. It is hard to justify continuing to serve on a Council promoting better broadband while introducing bills that do the opposite. Taking political campaign contributions from the same companies that are directly responsible for the state of Virginia’s broadband today also makes it impossible for the Council to have any credibility as long as she continues to chair it.

Another concern: Ms. Byron fails to disclose the Council she uses for her defense includes “citizen members” that are, in reality, some of the most important telecom industry lobbyists in the state. Ms. Byron’s bill would require communities to seek approval for broadband expansion from the same Council that counts among its members Ray LaMura, president of the Virginia Cable Telecommunications Association, the state’s largest cable industry lobbying group, and Duront Walton, executive director of the Virginia Telecommunications Industry Association, which represents the interests of several telephone companies in the state.

Does anyone believe the Virginia Broadband Advisory Council is likely to approve any broadband expansion plan that leads to direct competition with an established cable or phone company, particularly when members like Mr. LaMura write municipal broadband hit pieces prominently linked on his LinkedIn page? Does anyone expect a fair shake from Ms. Byron, who wrote (inaccurately) “the vast majority of municipal broadband systems across the country that have tried to compete with the private sector have failed.”

By all appearances, the fix is in.

While we’re discussing full disclosure, Ms. Byron also failed to mention the Virginia Chamber of Commerce is hardly a dispassionate arbiter of the merits of community broadband — it is a private business lobbying organization. The Virginia Realtors Association is also a political lobbying organization that openly endorsed Ms. Byron’s election campaign, contributed a substantial donation to it, and runs an active Political Action Committee. The Northern Virginia Technology Council is a trade and lobbying organization that counts among its members AT&T, Cox, Comcast, CenturyLink, and Verizon, to name a few. To quote NVTC’s own website: “NVTC members are business leaders focused on the broad business climate of our state and communities.”

We believe Ms. Byron when she said she was in good company. Missing from the cozy gathering are consumers looking for internet access, local governments feeling pressure from their constituents to do something about the problem, and any belief Ms. Byron’s bill will do anything except keep things as they are.

But wait, there is more:

§ 56-484.30. Operating requirements.

The following provisions shall apply to any locality or its affiliate which offers broadband expansion services or overbuild broadband services, after July 1, 2017:

1. A locality or its affiliate shall apply, without discrimination as to itself and any affiliate, including any charges or fees for permits, access or occupancy, the locality’s ordinances, rules, and policies, including those relating to (i) obligation to serve; (ii) access to public rights of way and municipal utility poles and conduits; (iii) permitting; (iv) performance bonding; (v) reporting; and (vi) quality of service.

2. In calculating the rates charged by a locality for any communications service:

 a. The locality or its affiliate shall include within its rates an amount equal to all taxes, fees, and other assessments that would be applicable to a similarly situated private provider of the same communications services, including federal, state, and local taxes; franchise fees; permit fees; pole attachment fees; and any similar fees; and

b. The locality or its affiliate shall not price any of its communications services at a level that is less than the sum of: (i) the actual direct costs of providing the service; (ii) the actual indirect costs of providing the service; and (iii) the amount determined under subdivision 2a.

3. A locality or its affiliate shall keep accurate books and records of any provision of communications services.  A locality or its affiliate shall conduct an annual audit of its books and records associated with any provision of communications services, with such audit to be performed by an independent auditor approved by the Auditor of Public Accounts. Such audit shall include such criteria as the Auditor of Public Accounts deems appropriate and be filed with him, and with copies to be submitted to the Virginia Broadband Advisory Council.  If, after review of such audit, the Auditor of Public Accounts determines that there are violations of this chapter, he shall provide public notice of same, and the locality or its affiliate shall take appropriate corrective action to cure past violations and prevent future violations. […]

§ 56-484.31. Sale or disposal.

Any locality or its affiliate that seeks to sell or dispose of all or any material part of the infrastructure of an internal government services, broadband expansion services, or overbuild broadband services system, or any material portion of any subscriber or service contracts in connection therewith, shall do so by a public sale or auction process after advertisement.

By now, most readers get the point. This bill is a “plan for failure” for municipal broadband.

The ideological pretzel-bending required of Ms. Byron to do the telecom industry’s bidding is a sight to behold. Byron — a Republican — is openly advocating government price regulation, demands municipal providers turn over their books to be reviewed by her Virginia Broadband Advisory Council, which includes cable and telephone company lobbyists, and requires communities that want to abandon networks that fail under this legislative gulag to sell them to the lowest bidder, likely a cable or phone company that helped write the rules.

If this anti-consumer nightmare of a bill becomes law in Virginia, Christmas for Big Telecom will come early this year, and you’re paying… again.

Frontier FiOS TV customers in the Seattle area are still paying the same price for a cable television package missing one of its most popular channels and the phone company won’t lower the bill.

Since the New Year began, a retransmission consent dispute between Frontier Communications and Sinclair Broadcast Group — the nation’s largest station group owner, has meant customers can no longer watch KOMO-TV (ABC) in Seattle on their Frontier FiOS lineup.

Daily Herald columnist Julie Muhlstein pondered if that should inspire more Washington residents to retaliate with some cord cutting of their own, especially after Frontier Communications delivered an unsympathetic response to the questions many cable customers ask when channels suddenly vanish from the lineup – why isn’t the bill going down?:

Not only is FiOS my source of TV at home, The Daily Herald has a Frontier hookup. For now, there will be no watching KOMO News or ABC on our newsroom TV.

I don’t watch “The Bachelor,” but that’s not the point. Shouldn’t all local affiliates of major commercial broadcast networks — particularly the traditional big three, ABC, CBS and NBC — be the minimum of what cable providers offer? I think so.

And if Frontier Communications offers less, shouldn’t monthly bills be reduced? I think so.

That’s not the way the business works, said Javier Mendoza, director of communications for Frontier Communications. Mendoza confirmed Tuesday that Frontier’s agreement with Sinclair Broadcast Group, Inc. has expired. Sinclair owns Seattle-based KOMO TV, the local ABC affiliate.

“FiOS occasionally changes its channel offerings. That’s covered in our customer service agreement,” Mendoza said. “Such programming package changes are part of normal business and no discounts are available.”

In other words, tough luck and no refunds. Watch something else.

Frontier may be its own worst enemy deleting major network affiliates from the lineup, because for many subscribers, those are the channels that keep them subscribed to a bloated, overpriced cable television package that includes dozens of channels they will never watch. Once off the lineup, customers begin searching for alternatives, and something as simple as a good over-the-air antenna can restore free television channels that now cost many cable subscribers several dollars a month only because they travel across a wire or through a satellite dish.

Sinclair, for its part, isn’t terribly sympathetic to the consumer either, demanding an ever-increasing amount of compensation from cable and satellite providers to carry their local stations on the lineup.

Barry Faber, Sinclair’s executive vice president for distribution and network relations, says their asking price was perfectly reasonable for other providers (even though many promptly pass those fees on to consumers in the form of a ‘Broadcast TV Surcharge’). Faber implied Sinclair offered a ‘take it or leave it’ price and Frontier left it.

“They just decided they don’t want to pay that amount. That’s their decision,” Faber said. “It’s up to subscribers to decide what they want to do. If I were a subscriber, I’d think about leaving them.”

Unfortunately for Sinclair, if subscribers go back to using an antenna for television, they will effectively no longer be filling Sinclair’s bank account either, because watching over the air television is still free, at least until someone tries to charge viewers for that as well.

The very idea that a city would get involved in selling better broadband service to its residents has sparked a coordinated campaign to sully municipally owned providers and color the results of an ongoing study to determine if Savannah, Ga. is getting the kind of internet access it needs.

While the city and county continue their Broadband Fiber-Optic Feasibility Study and survey residents about incumbent providers including AT&T, Comcast, and Hargray Communications, an organized pressure campaign coordinated by the Chatham County GOP is well underway to undermine any idea the city should compete against the three dominant local internet providers.

“The purpose of this study is to examine how we are currently served with broadband infrastructure, particularly focused on the services available to our community residents, anchor institutions, businesses, and key services like public safety, health and education,” a Savannah city spokesperson told Stop the Cap!

The city’s goal is to: “confirm that residents, anchor institutions and businesses have access to the services they need and that those services are competitively priced.” Incumbent providers are betting the answer to that question will likely be no and have started early opposition to discourage the city from attempting to build its own broadband network. Comcast and AT&T have apparently teamed up with the local Chatham County GOP to defend current providers in suspiciously similar-sounding letters to the editor.

Consider two examples.

About a month ago, Stephen Plunk, executive secretary of the Chatham County Republican Party, liberally sprinkled talking points provided by outside think tanks in an editorial published by the Savannah Morning News:

The Savannah Morning News published this ominous illustration adjacent to a guest editorial from a Chatham County GOP official opposing public broadband.

Only 6,000 residents in Chatham County, out of about 280,000, do not have access to wired internet of any sort. About 90 percent of Savannah residents can choose from two or more wired internet service providers . The city’s current residential providers offer speeds up to 105 mbps, and its 12 business providers offer speeds that are generally between 100 mbps and one gigabit.

Private providers also are making big new investments here. Last year, Hargray Communications announced a plan to offer one gigabit speeds to Lowcountry customers. In March, Comcast announced its intention to offer 10-gigabit speeds to city businesses. Last month, AT&T said it also will begin offering superfast capacity.

Next, let’s look at whether a city should provide service directly to customers. Or, is it wise? To determine that, the city council must ask itself whether it wants to go down the path of Marietta, which ran its own internet company several years ago but was forced to sell that network at a loss when it failed to turn a profit year after year. Marietta’s mayor eventually admitted the city never should have become an ISP. There are government ISPs that do make a profit every year, but they are rare. Chattanooga’s government-run system is often touted as a model, but the city received more than $100 million from the federal government to get its system started.

This morning, Mary Flanders, chairwoman of the Chatham County GOP wrote essentially the same things in an “opposing views” piece published by the Connect Savannah weekly newspaper (and at least cited some of her sources):

They should proceed carefully. Cautionary tales about municipal broadband networks abound.

Consider the situation in Marietta, the sprawling suburb northwest of Atlanta. Marietta started its own municipal network that stretched along a 210-mile long route. After spending $35 million to build out the network, Marietta earned a grand total of 180 customers.

The then-Mayor said the city couldn’t keep pace with the expenses associated with the constant flood of technology upgrades required to manage a broadband network. The city ultimately sold the network in 2004 for a $20 million loss.

Pacific Research Institute, in a report on municipal broadband, found that “Mariettans had decided that they would rather take a $20.33 million loss than continue to subsidize a municipal telecom venture that was sucking their city dry.”

Marietta may be relatively close to home, but it’s not the only example. Provo, Utah spent $40 million to build its network, only to sell it to Google Fiber for the princely sum of $1. In Groton, Connecticut, taxpayers lost $38 million.

City leaders need to consider the downside risk to municipal services if and when the broadband network fails to attract customers and generate case. The shortfall has to be made up somewhere. Where will the money come from? Tax hikes?

Budget cuts to basic services or to the police or fire department? Try explaining that to voters come election time, especially if the crime rate is on the rise.

According to Kelly McCutcheon, President of the Georgia Public Policy Foundation, typically the consultants are the only ones who come out good on these deals. It would be a bitter pill to swallow by Savannah citizens and city leaders alike.

Let’s dig into some of the specifics on Internet needs in Savannah. Of the 280,000 residents in Chatham County, only 6,000 residents do not have access to wired Internet of any kind. About 90% of Savannah residents can choose from two or more wired Internet service providers (ISPs).

The city’s current residential providers offer speeds up to 105 mbps, and its twelve business providers offer speeds that are generally between 100 mbps and one gigabit, which is considered to be very speedy in the Internet world.

Private providers also are making big new investments in the area. Last year, Hargray Communications announced a plan to offer one gigabit speeds to Lowcountry customers. In March, Comcast announced its intention to offer 10-gigabit speeds to city businesses. Last month, AT&T said it also would begin offering incredibly fast capacity to Savannah entrepreneurs.

Most of these talking points have been debunked by Stop the Cap! over our nine-year history. The examples of municipal broadband failures are so few and far between, we’ve come to recognize them, and many of the shop worn examples provided by the Chatham County Republicans are more than five years old.

In Groton, Conn., the emergence of a municipal provider inspired network upgrades and more competition from Comcast while the phone company Southern New England Telephone (later AT&T and today Frontier Communications) did everything possible to keep the publicly owned provider from offering phone services to customers. In the end, Comcast undercut the municipal provider and AT&T’s deployment of U-verse created problems for the then-rosy revenue projections the municipal provider was depending on to recoup its original construction costs. The network was sold five years ago to a private provider and customers still appreciate the quality of the original network today run by Thames Valley Communications, which rates four out of five stars while its competitors Frontier and Comcast rate two. It would be wrong to assume today’s municipal broadband providers have not learned important lessons and now account for incumbents responding to competition with heavily discounted rate retention plans for customers threatening to leave, as well as network upgrades. Revenue projections have become more conservative, both to deal with unexpected construction costs and the revenue likely to be earned in light of cut-rate plans from the competition. But many customers make the switch anyway, persuaded by the quality and reliability of superior fiber networks, rate stability, and a more responsive level of customer service.

The networks in Provo, Utah and Marietta, Ga., are examples of what happens when politicians opposed to the concept of municipal broadband intentionally meddle with them in an effort to prove an ideological argument or to help move along a pre-conceived sale of publicly owned infrastructure to private companies.

In Provo, the fiber to the home network was built and quickly hamstrung by a Utah state law that forbade the city from selling broadband service to the public. Instead, it had to sell wholesale access to private companies it had to attract, who in turn would provide service to the public. Imagine a marketing campaign for a new provider that required customers to deal with two unfamiliar providers just to sign up.

Christopher Mitchell, who studies municipal networks and advocates for community involvement in broadband, wrote a year ago iProvo was facing serious challenges primarily because politicians and industry lobbyists got in the way:

“Industry lobbyists convinced Utah legislators to restrict local authority over municipal networks to ‘protect’ taxpayers and that argument is still frequently used today by groups opposing local internet choice. The law does not actually revoke local authority to invest in networks, it monkeys around with how local governments can finance the networks and requires that municipalities use the wholesale-only model rather than offering services directly.

“However, the debt-financed citywide wholesale-only model has proven to be the riskiest approach of municipal networks. Building a municipal fiber network where the city can ensure a high level of service is hard and can be a challenge to make work financially. Trying to do that while having less control over quality of service and splitting revenues with 3rd parties is much harder.”

Marietta’s experience with municipal broadband failed only because a new mayor unilaterally declared it an ideological failure and sold the network at a loss for political reasons. We covered that debacle ourselves back in 2012:

In Marietta, the public broadband “collapse” was one-part political intrigue and two-parts media myth.

Marietta FiberNet was never built as a fiber-to-the-home service for residential customers.  Instead, it was created as an institutional and business-only fiber network, primarily for the benefit of large companies in northern Cobb County and parts of Atlanta.  The Atlanta-Journal Constitution reported on July 29, 2004 that Marietta FiberNet “lost” $24 million and then sold out at a loss to avoid any further losses.  But in fact, the sloppy journalist simply calculated the “loss” by subtracting the construction costs from the sale price, completely ignoring the revenue the network was generating for several years to pay off the costs to build the network.

In reality, Marietta FiberNet had been generating positive earnings every year since 2001 and was fully on track to be in the black by the first quarter of 2006.

So why did Marietta sell the network?  Politics.

Marietta’s then-candidate for mayor, Bill Dunway, did not want the city competing with private telecommunications companies.  If elected, he promised he would sell the fiber network to the highest bidder.

He won and he did, with telecommunications companies underbidding for a network worth considerably more, knowing full well the mayor treated the asset as “must go at any price.”  The ultimate winner, American Fiber Systems, got the whole network for a song.  Contrary to claims from that the network was a “failure,” AFS retained the entire management of the municipal system and continued following the city’s marketing plan.  So much for the meme government doesn’t know how to operate a broadband business.

While members of the Chatham County GOP took potshots at outside consultants hired to consider whether Savannah should explore offering community broadband, Ms. Flanders was far more sanguine about her sources: the Pacific Research Institute (PRI) and the Georgia Public Policy Foundation.

In fact, the Pacific “Research Institute” doesn’t do independent research and it’s not an institute. It’s a right-wing, dark money-funded think tank with ties to the American Legislative Exchange Council (ALEC) and the Koch Brothers. The Georgia Public Policy Foundation, like PRI, prides itself on not revealing the sources of its funding, but SourceWatch uncovered their financial ties to the Donors Capital Fund, a corporate-“murky money maze” specifically designed to hide corporate contributions and the motives those companies have to send the money. So it isn’t a stretch to assume that when a think tank suddenly takes an interest in municipal broadband, checks from AT&T, Comcast, and others have proven to be helpful motivators.

When the Berkshire Eagle asked readers to test their internet speeds and share the results, along with opinions about their broadband options, the newspaper hit a nerve.

Over 400 readers in western Massachusetts promptly responded, many with scathing stories about slow speeds and unresponsive customer service.

The newspaper preferred to call it “tortured testimony.”

“It is slow and getting slower,” wrote Bob Rosen, from Otis. “Many times it just says, ‘not responding.'”

“It” is Verizon’s DSL — broadband for the masses of landline customers in Massachusetts unlucky enough not to have FiOS fiber to the home service available before Verizon decided to stop expanding its copper-replacement fiber network. For the last seven years, Verizon’s DSL has remained more or less “as-is,” with no significant service improvements or apparent expansion effort.

Unfortunately, as customer demand for bandwidth grows, performance drops unless providers continually invest in new equipment to manage demand appropriately. Customers in western Massachusetts report Verizon seems to be making do with what they already have, and speeds have suffered.

Douglas Mcnally of Windsor, a member of the Select Board and consultant whose job depends on a good internet connection told the newspaper he really doesn’t have a consistently reliable connection. One test showed a speed of 2.82Mbps, but a second one returned a speed result of 0.64Mbps. Barbara Craft-Reiss from Becket has a connection also topping out at 0.64Mbps.

In Dalton, a customer that repeatedly complained about his 1.5Mbps speed was told that was as good as Verizon DSL was going to get.

“I have had several communications with Verizon and they always say not to expect any more,” the reader told the newspaper. “At times it is so slow the web page expires before it comes up. There are many times it does not work at all.”

Verizon seemed to echo its “done with DSL” attitude to Robert Rosen who has subscribed since the 1990s at his home in the Otis Woodlands area.

“In the beginning, the signal was very strong. Every six months I would call Verizon and see if I could get a stronger signal. Sometimes it was boosted, however in the past several years I have been told by Verizon I am at max strength,” Rosen said.

But at least he could subscribe. Verizon customer service agents have warned some customers if they drop DSL service, they cannot come back. Bob Johnson dropped his 2Mbps Verizon DSL account — the one he inherited under the previous account-holder’s name.

“I was told that if I cancelled the previous owner’s account, I would not be able to get an account at all,” Johnson reported.

A Verizon spokesperson claimed DSL is still available in Verizon’s FiOS-less service areas, as long as the customer’s line passes a loop qualification test. Only ISDN has been decommissioned in certain service areas, the spokesperson claimed.

But Stop the Cap! has heard from countless Verizon customers who share stories of deteriorating performance and disinterest in improving service, and customer service agents won’t even sell DSL to customers without bundling landline phone service.

“They are just letting the old telephone network fall apart piece by piece,” claims John Landis, a Verizon DSL customer outside of Buffalo, N.Y. “The investment is just not clear anymore. When is the last time Verizon introduced a new service on their wired network, such as faster internet speeds? We’re living with a company where time has stopped, unless you are on Verizon Wireless.”

Verizon’s apparent disinterest in selling DSL broadband has proved to be a significant benefit for cable operators that continue to take market share from the phone company. Strategy Analytics reports cable companies added more than three million new subscribers from 2015 on. Cable operators now have a 62% broadband market share, compared to just 15% for DSL, a percentage that has dropped for years. (Fiber broadband now accounts for a 23% share.)

“The telco operators haven’t been able to shake off the losses of DSL subscribers, but we expect to see increased fiber deployments in the coming quarters, which should help AT&T and Verizon return to growth,” Jason Blackwell, director of Strategy Analytics’ Service Provider Strategies Service said last summer. But much of that growth seems to be targeted for urban and suburban areas, not rural areas where DSL is often the only available broadband technology.

Despite telco claims that wireless broadband alternatives will eventually solve the rural broadband problem, Blackwell is skeptical.

“The reality is fixed broadband is continuing to grow in the U.S., and not being replaced by mobile broadband as some have reported,” he claimed. “The cable operators are driving the growth with increased speeds and multiplay bundles.”

The availability of a cable competitor has helped some in western Massachusetts resolve their broadband problems, but only in communities where cable operators exist. Many western Massachusetts residents are still waiting for community-owned gigabit-capable fiber broadband through the WiredWest project.

In late 2015, politics from the governor’s office put a “pause” on all state “last-mile broadband” projects and a sudden policy shift required each town to own its own network infrastructure despite the widely expressed desire on the local level for a regional approach. More than a year later, the project to improve broadband across the western half of the state is still trapped by bureaucratic interference, allowing the state’s big cable and phone companies to continue the status quo with no alternatives on the immediate horizon.

As of late December, the project is gathering support for sending a resolution to state officials reaffirming their request to allow local communities involved in the project to determine their broadband future without onerous requirements from the governor’s office.

Without WiredWest, the future is not good. Unless Verizon changes its mind about broadband deployment in western Massachusetts or cable operators Charter and Comcast spontaneously expand their service areas, readers of the Berkshire Eagle can expect more of what staff writer Larry Parnass summed up in two words: extreme disappointment.

When AT&T announced it would offer 100+ cable television and broadcast network channels under the DirecTV Now brand for $35 a month, Wall Street had a fit.

Craig Moffett, an analyst with Moffett-Nathanson, speculated that AT&T would make at most a profit margin of $5 a month for its $35 a month plan, once programming costs were covered. But then AT&T announced it would sweeten the deal with a free Apple TV Player or Amazon Fire Stick for those confident enough to prepay for the new service. That makes DirecTV Now a purposefully unprofitable service, creating considerable stress for both the cable and satellite industry and their investors.

Variety notes the average DirecTV satellite subscriber delivers about $60 a month in profit to its owner, AT&T. That led the industry magazine to speculate DirecTV Now is a “loss leader” designed to sell its parent company’s AT&T-Time Warner, Inc. merger deal to regulators on the premise of increased competition delivering real savings to consumers.

Thankfully for Wall Street’s nerves, AT&T’s usual practice of marketing things with a lot of fine print emerged in the nick of time, and the $35 dollar price has now turned out to be an introductory offer for early adopters. In the not-too-distant future, AT&T will enroll new customers for its “Go Big” package at a much more profitable $60 a month. Customers who sign up at the $35 rate and stay customers will be able to keep that price as long as they make no changes to their account after the promotion ends.

But Moffett warned investors that the traditional cable television model is still under serious threat, and AT&T’s less-promoted “Live a Little” package offering 60 popular cable networks for the everyday price of $35 is the equivalent of AT&T “running with scissors” because it alone could cause millions of cable and satellite customers to cut the cord and stay more than satisfied with a slimmed down cable package.

“Virtually all the channels that anyone would really want, save for regional sports networks” are included in the lighter “Live a Little” package, Moffett added. Customers who loathe watching sports but want a beefier package can also sign up for a $50, 80-channel “Just Right” package that primarily omits sports-oriented channels and a handful of spinoff cable networks few would miss.

Moffett and other Wall Street analysts were hoping AT&T would bloat its cheaper package with home shopping, religion, and other little-watched, low-cost cable networks and then entice customers to upgrade to unlock more popular cable channels. Instead, AT&T’s most premium package — “Gotta Have It” which costs $70 a month adds the “can live without” networks like Boomerang, Cloo, El Rey, Centric, and other little-known channels that typically live unnoticed in Channel Siberia on 500+ channel cable lineups. The highest premium priced package is attractive only for those looking for Starz/Encore channels and the basic cable network that gets no respect — Hallmark Movies & Mysteries (a/k/a the Dick van Dyke Permanent Employment Network.)

“By stacking their base package with all the best networks — likely a requirement for getting the programming contracts at all — they still have the same problem that was highlighted initially,” by Moffett. “Put simply, they aren’t going to make any money.”

That quest for profit is further challenged with subscriber acquisition programs that dole out free Apple TV units to customers willing to prepay for three months of service at the $35 rate or an Amazon Fire Stick (with Echo remote) in return for prepaying for one month of service. Anyone in the market for either device can sign up for DirecTV Now, get the equipment at an attractive price, and consider the 1-3 months of service a free extra bonus. Customers were reportedly lining up at AT&T’s owned and operated retail outlets (not authorized resellers) to pick up devices and sign up for service today.

At these prices and with these promotions, AT&T DirecTV Now could first decimate the subscriber base of its immediate competitors Sling TV and PlayStation Vue, either of which offer a much less compelling value. AT&T can afford to charge a lower price because it has deeper pockets and enormous volume discounts on the wholesale price of cable programming — combining millions of DirecTV and U-verse TV subscribers together to negotiate what industry insiders suspect are major discounts the smaller providers cannot get.

But there are issues likely to be deal-breakers for some would-be DirecTV Now subscribers:

• Local broadcast stations are available only in a handful of selected cities and only a very few include all ABC, NBC, and FOX affiliates. CBS is not participating in DirecTV Now at this time, and that is a major omission;
• NFL Network isn’t on the lineup;
• Regional sports networks are spotty and geographically restricted. Here is a detailed PDF outlining options by zip code;
• There is a limit of two concurrent streams and although video quality is very good, it is not the 1080/HD experience AT&T’s marketing material would suggest. The quality of your internet connection will make a difference;
• No DVR option at this time.

CNET compiled an excellent channel comparison chart to help consumers figure out which, if any, of these upstarts make sense as a cable TV replacement:

DirecTV Now vs. Sling TV vs. PlayStation Vue (top 169 channels, see notes below)

Channel	DirecTV Now Packages	Sling Package	Vue Package
A&E	Live a Little	Orange, Blue	No
ABC	Yes or VOD	Broadcast extra	Yes or VOD
AMC	Live a Little	Orange, Blue	Access
American Heroes	Go Big	No	Elite
Animal Planet	Live a Little	No	Access
Audience	Live a Little	No	No
AXS TV	Live a Little	Orange, Blue	No
Baby TV	No	Kids extra	No
BBC America	Live a Little	Orange, Blue	Access
BBC World News	Go Big	News extra	Elite
beIN Sports	No	Sports extra	Core
BET	Live a Little	Blue (Orange lifestyle extra)	No
Bloomberg TV	Live a Little	Base	No
Boomerang	Gotta Have It	Kids extra	Elite
Bravo	Live a Little	Blue	Access
BTN	Just Right	No	Core
Campus Insiders	No	Sports extra	No
Cartoon Network/Adult Swim	Live a Little	Orange, Blue	Access
CBS	No	No	Yes or VOD
CBS Sports	No	No	No
Centric	Go Big	No	No
Cheddar	No	Orange, Blue	No
Chiller	Gotta Have It	No	Elite
Cinemax	PREMIUM ($5/month)	PREMIUM	No
Cloo	Gotta Have It	No	Elite
CMT	Live a Little	Comedy extra	No
CNBC	Live a Little	News extra Blue	Access
CNBC World	Just Right	No	Elite
CNN	Live a Little	Orange, Blue	Access
Comedy Central	Live a Little	Orange, Blue	No
Comedy.TV	Just Right	No	No
Cooking Channel	Just Right	Lifestyle extra	Elite
CSPAN	Live a Little	No	No
Destination America	Go Big	No	Access
Discovery Channel	Live a Little	No	Access
Discovery Family	Go Big	No	Access
Discovery Life	Go Big	No	Elite
Disney Channel	Live a Little	Orange	Access
Disney Junior	Live a Little	Kids extra Orange	Access
Disney XD	Live a Little	Kids extra Orange	Access
DIY	Go Big	Lifestyle extra	Access
Duck TV	No	Kids extra	No
E!	Live a Little	Lifestyle extra Blue	Access
El Rey Network	Gotta Have It	Orange, Blue	No
Encore	Gotta Have It	No	No
EPIX	No	Hollywood extra	No
EPIX Drive-in	No	Hollywood extra	No
EPIX Hits	No	Hollywood extra	PREMIUM, Elite
EPIX2	No	Hollywood extra	No
ESPN	Live a Little	Orange	Access
ESPN 2	Live a Little	Orange	Access
ESPN Bases Loaded	No	Sports extra Orange	No
ESPN Buzzer Beater	No	Sports extra Orange	No
ESPN Deportes	No	Spanish TV extra Orange	Elite
ESPN Goal Line	No	Sports extra Orange	No
ESPNEWS	Just Right	Sports extra Orange	Core
ESPNU	Just Right	Sports extra Orange	Core
Esquire	No	No	Access
Euro News	No	World News Extra	No
Flama	No	Orange, Blue	No
Food Network	Live a Little	Orange, Blue	Access
Fox	Yes or VOD	Blue	Yes or VOD
Fox Business	Live a Little	No	Access
Fox College Sports Atlantic	No	No	Elite
Fox College Sports Central	No	No	Elite
Fox College Sports Pacific	No	No	Elite
Fox News	Live a Little	No	Access
Fox Sports 1	Live a Little	Blue	Access
Fox Sports 2	Go Big	Blue	Access
Fox Sports Prime Ticket	Just Right	No	No
France 24	No	World News Extra	No
Freeform	Live a Little	Orange	Access
Fuse	Just Right	No	No
Fusion	Just Right	World News Extra	Elite
FX	Live a Little	Blue	Access
FXM	Go Big	No	Elite
FXX	Live a Little	Blue	Access
FYI	Go Big	Lifestyle extra	No
Galavision	Live a Little	Orange, Blue	No
Golf Channel	Go Big	Sports extra Blue	Core
GSN	Just Right	Comedy extra	No
Hallmark	Live a Little	Lifestyle extra	No
Hallmark Movies & Mysteries	No	LIfestyle extra	No
HBO	PREMIUM ($5/month)	PREMIUM	PREMIUM, Ultra
HDNet Movies	No	Hollywood extra	No
HGTV	Live a Little	Orange, Blue	Access
Hi-Yah	No	No	Elite
History	Live a Little	Orange, Blue	No
HLN	Live a Little	News extra	Access
HSN	No	No	No
IFC	Just Right	Orange, Blue	Core
Ion	No	No	No
Impact	No	No	Elite
Investigation Discovery	Live a Little	No	Access
JusticeCentral.TV	Just Right	No	No
Lifetime	Live a Little	Orange, Blue	No
LMN	Just Right	Lifestyle extra	No
Local Now	No	Orange, Blue	No
LOGO	Go Big	Comedy extra	No
Longhorn Network	Just Right	No	No
Machinima	No	No	Elite
Maker	No	Orange, Blue	No
MGM-HD	No	No	Elite
MLB Network	Just Right	No	No
Motors TV	No	Sports extra	No
MSNBC	Live a Little	News extra Blue	Access
MTV	Live a Little	Comedy extra	No
MTV Classic	Go Big	No	No
MTV2	Live a Little	Comedy extra	No
Nat Geo Wild	Go Big	Blue	Elite
National Geographic	Live a Little	Blue	Access
NBA TV	Go Big	Sports extra	Core
NBC	Yes or VOD	Blue	Yes or VOD
NBC Sports Network	Just Right	Blue	Access
NDTV 24/7	No	World News Extra	No
News 18 India	No	World News Extra	No
Newsy	No	Orange, Blue	No
NFL Network	No	Blue	Core
NFL Red Zone	No	Sports extra (Blue)	PREMIUM (Core and up)
NHL Network	Go Big	Sports extra	No
Nick Jr.	Live a Little	Blue	No
Nickelodeon	Live a Little	No	No
Nicktoons	Live a Little	Kids Extra Blue	No
ONE World Sports	No	No	Elite
Outdoor Channel	No	No	No
Outside Television	No	Sports extra	Elite
OWN	Just Right	No	Access
Oxygen	Just Right	Lifestyle extra Blue	Access
Palladia	No	No	Elite
PBS	No	No	No
Poker Central	No	No	Elite
Polaris	No	Orange, Blue	Elite
POP	No	No	Access
QVC	No	No	No
Revolt	Go Big	No	No
RFD TV	Live a Little	No	No
Russia Today	No	World News Extra	No
Science	Just Right	No	Access
SEC Network	Just Right	Sports extra Orange	Core
Showtime	No	No	PREMIUM, Elite
Spike	Live a Little	Comedy extra	No
Sprout	Go Big	No	Elite
Starz	Gotta Have It	PREMIUM	No
Sundance TV	Go Big	Hollywood extra	Core
Syfy	Live a Little	Blue	Access
TBS	Live a Little	Orange, Blue	Access
TCM	Live a Little	Hollywood extra	Core
Teen Knick	Live a Little	Kids extra Blue	Elite
Telemundo	Live a Little	No	No
Tennis Channel	Go Big	No	No
The Weather Channel	Live a Little	No	No
TLC	Live a Little	No	Access
TNT	Live a Little	Orange, Blue	Access
Travel Channel	Just Right	Orange, Blue	Access
truTV	Live a Little	Blue (Orange comedy extra)	Access
TV Land	Live a Little	Comedy extra	No
TVG	Go Big	No	No
Universal HD	No	No	Elite
Univision	Live a Little	Blue (Orange Broadcast extra)	No
Univision Deportes	Gotta Have It	Sports extra	No
Univision Mas	Just Right	Blue (Orange Broadcast Extra)	No
USA Network	Live a Little	Blue	Access
Velocity HD	Live a Little	No	Elite
VH1	Live a Little	Lifestyle extra	No
VH1 Classic	No	No	Elite
Vibrant TV	No	Lifestyle extra	No
Viceland	Live a Little	Orange, Blue	No
WE tv	Live a Little	Lifestyle extra	Access
WeatherNation	Live a Little	No	No

Notes

Broadcast networks including ABC, CBS, Fox and NBC are not available for live streaming in many cities, except where noted as “yes.” The term “VOD” means viewers can watch these shows on-demand 24 hours after airing.

Most RSNs (Regional Sports Networks) not listed; varies per locality PREMIUM = Available for an additional monthly fee beyond base package DirecTV Now package key: Live a Little = $35/month (Local ABC, Fox, NBC broadcasts included in select markets) Just Right = $50/month Go Big = $60/month ($35 / month introductory price) Gotta Have It = $70/month Sling TV package key: Orange = $20/month Blue = $25/month other “”extras”” = another $5 /month each (Sports extra with Blue is $10) Broacast Extra: ABC, Univision and Univision Mas available to Sling Orange subscribers in select cities PlayStation Vue package key: (for New York, Los Angeles, Chicago, Philadelphia, Dallas, San Francisco, Miami ONLY) Access (Base) = $40/month Core = $45/month (includes Access channels, some Regional Sports Networks) Elite = $55/month (includes Access and Core channels) Ultra = $75/month (includes Access, Core and Elite channels, plus HBO and Showtime) (for all other cities, where ABC, CBS, Fox and NBC are available via VOD only) Access Slim (Base) = $30/month Core Slim = $35/month (includes Access channels, some Regional Sports Networks) Elite Slim = $45/month (includes Core and Access channels) Ultra Slim = $65/month (includes Access, Core and Elite channels, plus HBO and Showtime)

Time Warner, Inc. did its part, offering a substantial deal to DirecTV Now to allow customers to add HBO and Cinemax for just $5 a month each, substantially less than what both networks charge customers signing up a-la-carte. This also unlocks access to streaming options on both networks’ websites.

In fact, as a DirecTV Now customer, you will also become an authenticated pay television subscriber, unlocking access on various cable network websites to extra streaming and on-demand options.

The implications of DirecTV Now depend on how long AT&T extends its $35 offer, which is going to be compelling for a lot of Americans. Moffett predicts DirecTV Now could sign up a staggering 11 million Americans — at least two million cannibalized from its own DirecTV satellite customer base, six million cutting the cord on their cable company (including AT&T U-verse) and another three million cord-cutters or “cable-nevers.” Most of the latter are Millennials, and research suggests $35 may be low enough of a price point to sign them up.

AT&T is also raising concerns among internet activists because online streaming of DirecTV Now will not count against an AT&T postpaid customer’s data allowance. This zero rating scheme is seen as an end run around Net Neutrality, particularly because AT&T is not as generous with its competitors. AT&T said it will offer other video streamers the possibility of being exempted from AT&T data allowances, if they pay AT&T for the privilege.

How It Works/Signing Up

AT&T DirecTV Now starts with the Google Chrome 50+, Safari 8+ or Internet Explorer 11+ (on Windows 8 and up) web browsers or the DirecTV Now app. AT&T recommends Chrome for desktop viewing. The service doesn’t work with Firefox, Microsoft Edge, or legacy browsers.

The first step is registering for a 7-day free trial. Before handing over your credit card number, if you scroll down you will find a small free preview option is also available that includes a largely useless streaming barker channel promoting the service and a respectable collection of video on demand options from basic cable networks. The free video streaming option will give you a clue about how the service is likely to perform on your internet connection and devices. For the record, DirecTV Now now supports:

• Amazon Fire TV
• Amazon Fire TV Stick
• Apple TV (4th generation)
• Android^TM phone 4.4 and higher
• Android tablet 4.4 and higher
• Chromecast (for Android only)
• iPad iOS 9 and higher
• iPhone iOS 9 and higher
• iPod Touch version 9 and higher

Support for other devices like Roku is coming next year.

Customers must be within the United States to use the service. If you travel abroad or to any U.S. territories like Guam, the Virgin Islands, or Puerto Rico, DirecTV Now will stop working until you return. When you sign up, keep in mind your billing zip code will mean a lot when it comes to accessing regional sports and local broadcast channels. DirecTV Now uses your billing zip code and your actual location to determine whether you are qualified to access regional sports networks and local stations.

Score a Free Apple TV Player or Amazon Fire TV Stick

If you are looking to score an Apple TV (4th generation) or an Amazon Fire TV Stick, you will want to skip the 7-day free trial and enroll in a paid plan immediately, which will allow you to select which player you want. If you want the Apple TV, you will prepay for three months at $35 a month ($105). The Amazon Fire TV Stick only requires you to prepay for the first month of service ($35). One device per email address, but you can sign up for multiple accounts (using individual email addresses) and get a device for each — especially useful for larger families that could run into DirecTV Now’s two-stream limit.

Consider your choices before enrolling. If you want to add premium channels or upgrade your plan, and you select the three-month prepay option to grab an Apple TV Player, adding premium channels like HBO and Cinemax or moving to a higher plan will result in three months of prepaid charges for those upgrades as well, billed automatically to your credit card on file — which amounts to a $30 charge if you select HBO and Cinemax. After your promotional prepaid term ends, your account will continue to be billed at the $35 (plus any add-ons) rate until you cancel. AT&T covers you for the forfeited first free week by extending your bill date out by seven days. Allow 2-3 weeks for the device(s) to be shipped to you.

You can also sign up at an AT&T owned and operated retail store, but be aware AT&T “authorized” reseller stores are not participating in this promotion. That may allow you to bring home a device today.

Don’t care about the device promotions? Take the 7-day free trial, but be aware that you are giving AT&T your credit card number and charges begin immediately after the free week ends unless you cancel. Here’s how:

1. Sign in to your account.
2. From your User Account overview page, select Manage My Plan.
3. Select the Cancel Plan link.
4. Choose one of the listed reasons.
5. Select Cancel Now to confirm cancellation.

Your subscription will continue until the end of the billing cycle. No refunds or credits are provided for partial months. Your account will revert to Freeview demo status after you cancel a subscription.  You can add a subscription package back at any time.

Oddly, AT&T is not charging sales tax for New York, California, Maryland or Virginia residents. Customers in states like Tennessee where AT&T provides local phone service were most likely to face sales taxes. Those signing up early are in the best position to exploit what appears to be an oversight, or it represents the first time the New York Department of Taxation and Finance left money on the table.

Streaming from Your AT&T Wireless Device Does Not Count Against Your Data Allowance

If you’re a DirecTV Now and AT&T Wireless customer, streaming most DirecTV Now movies and programs over the AT&T wireless network won’t count against your data usage allowance, according to AT&T. But believe it or not, AT&T’s fine print indicates advertisements and non-streaming app activity do count! There are some other important disclosures to be aware of:

• You must be on the AT&T Wireless network within the U.S. (U.S. territories are not qualified for zero rating);
• You must be a postpaid, not a prepaid AT&T wireless customer to qualify and must not have “data block” on your mobile line;
• If you are grandfathered on an unlimited data plan, using DirecTV Now will not count against the 22GB data threshold which subjects you to speed throttling;
• This offer may disappear at any time and/or is subject to change.

DirecTV Now Qualifies You as an Authenticated Pay Television Subscriber

Many cable networks require customers enter their cable, satellite, or telco TV login credentials to unlock video streaming and on-demand features. DirecTV Now is a qualified provider for these websites (more coming):

• ABC
• Disney
• Disney Jr.
• Disney XD
• ESPN (WatchESPN)
• Freeform
• HBO GO (requires subscription to HBO)
• MAX GO (requires subscription to Cinemax)

Other networks are not yet enabled for DirecTV Now. CNN, for example, has a prompt for DirecTV satellite customers to log in, but DirecTV Now has its own account registration system.

Local Channels Are Very Spotty

Local over the air channels are very limited on DirecTV Now and are geographically restricted. You can access these channels only if you are located in or very near to the cities listed below and your billing zip code is in the same area. If you travel outside of the immediate area, live streaming will stop working until you return.

Giving the Service a Test

Stop the Cap! enrolled as an ordinary customer this morning and gave the service a rigorous test, including multiple streams over our 50/5Mbps internet connection. The service debuted today, and there is little doubt there is intense interest from consumers, so we expected some performance problems from the initial demand. We didn’t see any evidence of traffic congestion, however, and that is a good sign.

A similar test of Sling TV did not perform as well during peak viewing times, when streaming problems emerged. DirecTV Now seems to be built to withstand intense demand.

One customer with a 6Mbps U-verse internet connection “in the boonies” was impressed the video quality of DirecTV Now was high even on a relatively slow DSL-like connection.

“This blows SlingTV away,” the person shared. “I only have U-verse 6Mbps internet service and it is not pixelated or buffering at all. Looks exactly like my regular DirecTV picture.”

AT&T published these recommendations for DirecTV Now customers regarding internet connection speeds:

• 150kbps – 2.5Mbps – Minimum broadband connection speed for Mobile devices
• 2.5 – 5.0Mbps – Recommended for HD quality

We’ve been led to believe DirecTV Now should perform equivalently to 1080i HDTV service (depending on the video source of course). We cannot say we agree it does right now. We noticed significant artifacts on high-motion video and picture graininess that left us feeling this was closer to a 720p HD experience. It isn’t possible to say whether the video player reduced playback quality because of internet traffic issues we were unaware of or if this is how the picture is supposed to look. It did not significantly detract from the viewing experience and the lack of buffering and pixelation was far more important to us.

DirecTV Now would serve adequately as a cable TV replacement if it had local station coverage and some type of DVR. At present, DirecTV Now is limited to a “Restart” feature that allows you to restart shows already in progress on certain channels, but you cannot fast-forward or record a restarted show. Once AT&T introduces a cloud-based DVR and fills out the local station lineup, this service could be lethal to overpriced cable TV packages.

AT&T’s marketing attempts to undercut the powerful position of inertia by setting an unknown time limit for customers to enroll in the $35 a month video package. If you don’t sign up today, you may not get the “free” Apple TV or Amazon Fire Stick and a respectable cable TV package for just $35 a month — about half what cable operators are charging these days for their bloated video packages. AT&T doesn’t care if you stick with your current cable provider and signup for DirecTV Now, if only to grab free streaming video equipment while sampling the service. They get their money either way.

Had AT&T permanently kept the price at around $35, many consumers would likely sit back and wait for AT&T to sort out the streaming contract issues it has with the TV networks — CBS in particular, and come up with a DVR solution before those potential customers decided to sign up and make the change. Based on several “hot deals” websites, the mentality among many consumers is to “lock in” the $35 price now and wait for AT&T to build out the package while continuing to invest $35 a month on it. That doesn’t seem so bad when you get free electronics as part of the deal.

Our Final Take

AT&T’s DirecTV Now is a potential winner and worth signing up for because of the introductory price and free equipment offers. But if you decide not to disconnect your cable/satellite television service, it is probably safe to drop DirecTV Now after your prepayment expires and return to resume service a little later. There will probably be some warning when AT&T will end the introductory price for the service, and interested customers can hop back on board before that date arrives. DirecTV Now will be a formidable competitor, but it will fight against consumer resistance to confront the cable company and cut cable’s cord until it solves the local channels issue and has a credible DVR option. The service could also use an add-on to make adding additional concurrent streams possible and more affordable than just signing up for a second account.

Don’t count out Big Cable just yet. With data caps and other internet overcharging schemes, Comcast, Cox, Suddenlink, and others can play games with usage allowances to deter customers from streaming all of their video entertainment online at the risk of blowing past their allowance. DirecTV Now’s $35 price won’t mean much after overlimit fees begin appearing on your internet bill.