AT&T’s Senior Executive Vice President of Legislative Affairs James Cicconi e-mail bombed AT&T employees Monday asking them to express their “deep concern” for Net Neutrality on the FCC’s Net Neutrality website’s comment section.  (Thanks to several Stop the Cap! readers, among them Dave, “Gaff”, “Bones”, “Prevent Caps” and James who sent news tips on this story. The delay in publication came from assembling a response you, as actual consumers, can fire back at the AT&T Propaganda Parade on the FCC website.)

More than 300,000 AT&T employees received the “suggestion” in their e-mail box, complete with ready-made talking points employees can use to parrot AT&T’s anti-Net Neutrality positions.  In a remarkably brave section, Cicconi suggests employees not use their company e-mail accounts when engaged in the “grassroots” push back, as if word of that maneuver would not promptly get leaked to the media.  (By Tuesday morning, it did.)  The FCC shouldn’t know the barrage of anti-consumer, anti-Net Neutrality comments came as a result of a PressureGram from AT&T Corporate.

“We encourage you, your family and friends to join the voices telling the FCC not to regulate the Internet,” Cicconi wrote in his letter.  “Those who seek to impose extreme regulations on the network are flooding the site to influence the FCC; it’s now time for you to voice your opinion.”

(Note: Most of those seeking to “impose extreme regulations” are actual consumers.)

The convenient “talking points” AT&T provided are identical to the comments found on any anti-consumer, telecom-sponsored astroturf group website.  That’s no surprise, considering most of those astroturf groups survive on the checks sent by those large telecommunications companies.

We debunk them for your convenience:

• America’s wireless consumers enjoy the broadest range of innovative services and devices, lowest prices, highest usage levels, and most choices in the world. Why disrupt a market that’s working so well?

That’s demonstrably false.  Consumers Union and other consumer groups independently found a high degree of concentration and obstacles to competition among providers of mobile data and Internet access services, which Net Neutrality rules would cover.  As Stop the Cap! has already reported, competition for wireless broadband is hardly a Battle Royale with virtually every carrier charging around the same amount for 5 gigabytes of maximum mobile web usage per month.  AT&T was charging a ridiculous $480 per gigabyte for those exceeding that limit, according to CU.  Americans pay an average of over $500 a year for wireless access, which hardly represents the lowest prices.  Consumers Union discovered Americans pay “much more than users in most other developed nations.”

Americans also endure restrictive phone plans that give exclusivity to popular handsets, limit certain web applications from wireless usage, and impose often stiff penalties for choosing to end a relationship with a wireless provider before the contract term has ended.

• There is fierce competition for wireless and broadband customers. Competition drives innovation and encourages companies to develop products, services and applications that consumers want. There’s been more innovation in this market than in any since the World Wide Web was introduced. The market is working for consumers. Don’t burden it with unnecessarily harmful regulations.

That’s brazenly false.  The wireless telephone industry has contracted in the last several years due to mergers and acquisitions and a determination by several independent resellers that profits were elusive reselling access to another company’s wireless network.  Alltel is now owned by Verizon Wireless.  Virgin Mobile, which took over Helio, will itself likely soon be owned by Sprint.  Amp’d Mobile, Disney Mobile and ESPN Mobile, among many other resellers, disappeared altogether.

Most rural Americans “enjoy” a monopoly broadband service provided, where available, by their local phone company providing slow speed DSL service.  Most medium sized cities are served by a duopoly — one cable and one phone company.  Innovation in broadband comes to some, such as those served by Verizon FiOS, and skipped for others, such as those suffering with Frontier, FairPoint, and other phone companies that believe standard DSL is “good enough.”  AT&T, among many other providers, now want to experiment with rationing the Internet with Internet Overcharging schemes designed to curb use of their broadband services.

• Network companies have to be able to manage their networks to ensure the most economical and efficient use of bandwidth, and provide affordable broadband services for all users. Network management is essential for consumers to enjoy the benefits of new quality-sensitive applications and services. The FCC rules should not stop the promise of life-changing, cost-saving services such as telemedicine that depend on a managed network.

That’s ludicrously false.  Managing networks, which sounds benign in theory, is often not in practice.  Several providers have recently taken a turn towards limiting access to those networks with usage rationing plans that limit consumers to a pre-determined amount of usage before overlimit fees or service termination kicks in.  AT&T is testing those schemes in Beaumont, Texas and Reno, Nevada this very day.  Stop the Cap! has repeatedly documented providers that admit their connectivity costs are dropping, right along with their investments in those networks to keep up with demand.  For some network companies, throwing hundreds of hours of online video to congest those networks seems to be an okay proposition, telemedicine or not.  Upgrade the networks that earn the American broadband industry billions in profits every year.

• The “net neutrality” rules as reported will jeopardize the very goals supported by the Obama administration that every American have access to high-speed Internet services no matter where they live or their economic circumstance. That goal can’t be met with rules that halt private investment in broadband infrastructure. And the jobs associated with that investment will be lost at a time when the country can least afford it.

That’s infamously false.  AT&T managed to eke out an existence after its merger with BellSouth when it had to live under a Net Neutral regime for two years.  As Tim Karr from Free Press notes, “AT&T is loath to mention that it made considerable network investment when it had to abide by Net Neutrality conditions, and then invested considerably less when it didn’t.”  Somehow, U-verse will survive a Net Neutral world.

Meanwhile, many other broadband providers are in no hurry to expand or build new networks unless their hands are forced by the other competitor in the market threatening to steal their customers away.  AT&T’s U-verse offering is a direct response to the cable television industry swiping their customers with “digital phone” and cable television bundles that include broadband.  Time Warner Cable earns most of its new broadband customers at the phone company’s expense when consumers tire of slow, unreliable DSL service.

For rural communities, a Net Neutral America won’t make much difference either way.  Without Net Neutrality protection, companies like Verizon continue to abandon more rural states, selling off operations to companies like FairPoint and Frontier Communications, which have uninspired broadband programs that bring slow DSL service to areas that will never be wired for Verizon fiber-optic FiOS.  Large phone companies like Verizon continue to layoff employees, especially in the traditional wireline telephone business.

If we wait for private companies to deliver broadband to every American, it will be a very long wait.  But when it does arrive, it would be nice if consumers could actually enjoy their broadband service without network throttles and Internet Overcharging schemes.

• The FCC shouldn’t burden an industry that is bringing jobs and investment to the country, but if it is going to regulate the Internet it should do so fairly. The goal of the FCC should be to maintain a level playing field by treating all competitors the same. Any new rules should apply equally to network providers, search engines and other information services providers.

That’s a laughably false premise.  When is the last time you bought broadband service from Yahoo!, Bing, or Google?  AT&T wants to compare their broadband apples with search engine oranges.  A level playing field would mean an end to the too-cute-by-half cable industry’s unofficial non-compete regime which makes sure no large cable operator intrudes on someone else’s territory.  It would mean an end to exclusive wireless handset provisions and gotcha contract terms designed to hold customers hostage to their wireless provider.  It would guarantee that if a municipality is fed up with the broadband backwater status afforded it by providers convinced what they deliver is “good enough,” that municipality can construct their own advanced broadband network and do the job private providers won’t.

Broadband regulated in the providers’ best interests have resulted in middle-of-the-pack broadband service for Americans, not the world class networks America can use to leverage a leadership role in the digital economy of the future.  The FCC should regulate the Internet to provide free, open access to innovative products and services that will really create new jobs for Americans.  They should definitely not continue a protectionism regime already in place that forces Americans to choose near-identical wireless service plans at high prices, and broadband service from one or two providers with dreams of Internet Overcharging schemes and speed throttles.

John Badal, CEO of Sacred Wind Communications

NBC Universal and American Express today announced Sacred Wind Communications (Albuquerque, N.M.) as the winner and most inspiring small business in the “Shine A Light” program, determined by public vote.

Sacred Wind Communications will receive $50,000 in grant money and $50,000 in marketing support from American Express, and will be featured on MSNBC’s small business show, “Your Business.”

John Badal, described by the Shine A Light Foundation as an entrepreneur, founded Sacred Wind to provide service across the largely ignored Navajo Reservation in New Mexico.  Fewer than 40% of the homes had access to even basic telephone service, provided by Qwest on what the foundation describes as a “dilapidated telephone system.”

Badal, along with a few others, thought Qwest’s turtle-like-speed to provide basic telephone service was not acceptable.

Badal should know — he was the former president of Qwest New Mexico from 2000-2004, overseeing that phone network.

During his involvement with Qwest, the frustration to wire the economically challenged Native American community in his area was daunting.  He told Fierce Broadband Wireless that laying copper cable throughout a rugged, rural desert area to reach a small number of customers who couldn’t afford to pay much for service wasn’t economically feasible for Qwest.

In four years, Qwest only managed to bring phone service to 42 new customers–out of thousands. “It took us two years to get through the rights of way process. Six of those homes had moved by the time the process was completed. It would have taken 45 years to reach 70 percent of the homes in our territory,” Badal said. “We needed a different technology altogether. We needed to go wireless.”

Sacred Wind's service areas (click to enlarge)

Badal decided to build a for-profit telecommunications company with a business plan that would depend on funding from the government.

“The only way any company could hope to provide service to the Navajo Nation is with the help of the Federal Communications Commission’s Universal Services Fund,” Badal told New Mexico Business Weekly in 2005.

“We can make this affordable, where Qwest cannot,” says Badal, who expects half of the cost to be picked up by government funding. “That is a necessary part of this equation. Without that, the Navajo cannot be served.”

Virtually every American pays into the Universal Services Fund through a charge levied on telephone bills.  The funding underwrites the expense of providing rural America with access to basic telecommunications services.

In 2004, the same year Badal left Qwest, the company agreed to sell its telephone business on the Navajo Reservation to Badal’s new company.  Sacred Wind, which the company says “evokes a sense of connection between what we do – to send communications over the air – with a larger-than-life purpose for starting this business,” launched service two years later in 2006.

Sacred Wind uses recently developed wireless technology to provide phone service to 2,700+ customers, using both point-to-point wireless and fixed WiMAX to reach as many customers as possible in the sparsely populated desert region.  It’s a challenging proposition for any company, considering most of their service area has less than one home per square mile.  Even when finished constructing their network, Badal estimates there will only be two or three homes served per square mile.

One third of Sacred Wind’s customers live in Navajo or federal government sponsored public housing, another third live in small clusters of a half dozen homes separated by several miles, and the last third live at least a half mile from the nearest neighbor.  Most are economically disadvantaged and have household incomes below $15,000 a year — 57.9% living below the poverty level.  More than two-thirds of reservation homes have no telephone, with some driving up to 30 miles to reach the nearest pay phone.  Several lack access to electricity, which makes wireless phone service and broadband even more challenging.  Sacred Wind is exploring solar options to serve these unpowered homes.

The benefits achieved from Sacred Wind’s focus on their service area are obvious – they know the landscape, the culture, the economics, and the people.  The company will work on problems that a large multi-state carrier like Qwest would not.  Technicians trying to reach one customer five miles away from the nearest wireless base station could not get service until a technician experimented with bouncing the three gigahertz wireless signal off a granite cliff face to extend coverage, which worked.

A company specializing in providing service to rural Native Americans, that also has a non-profit arm dedicated to computer training, provides scholarships, and e-commerce opportunities for Native Americans, is a natural for recognition, and the public responded, calling Sacred Wind’s mission inspiring.

“It’s a real honor to be voted most inspiring small business in the Shine A Light program,” Badal said. “It’s so exciting and rewarding to start your own business and be able to make an impact on the community. Through the support we will receive from American Express as winner of this program, we will be able to further extend our commitment to serving the Navajo people with advanced technology and educational resources.”

Since August, people across the country have nominated thousands of small businesses for the “Shine A Light” program. Three finalists were ultimately selected with the help of host and entrepreneur Ellen DeGeneres, fashion designer and entrepreneur Diane von Furstenberg and MSNBC’s small business expert and host JJ Ramberg.

[flv width=”480″ height=”320”]http://www.phillipdampier.com/video/sacred wind intro.flv[/flv]

A one minute introduction to Sacred Wind Communications

Sacred Wind Broadband Speed/Pricing

In addition to telephone service, Sacred Wind also provides Internet access to its customers, and here is where the story becomes considerably less inspiring.

Sacred Wind’s “broadband” service for most affordable tiers fails to qualify as “broadband” at all, using the FCC standard of 768kbps.  Pricing is exorbitant and speeds are slow.

It self-describes its dial-up option as “stable, fast, and affordable.”  The “affordable” claim may be true when comparing pricing with the first broadband tier that actually meets the minimum definition of broadband – $49.95 a month for 768kbps service.  Paying $79.95 a month will bring you their maximum speed offering — just 3Mbps.

The company also sells customers annual contracts to avoid the $99 installation and $65 equipment fees.

Still, for those who have never had telephone service, much less Internet access, it’s considered by many residents to be a good beginning.  The company is amenable to the idea of raising those speeds when technically and financially feasible.

[flv width=”480″ height=”320″]http://www.phillipdampier.com/video/Fujitsu Sacred Wind.mp4[/flv]

Fujitsu showcases Sacred Wind Communications and how it approached the technological challenges involved in providing service to the Navajo Reservation [8 minutes]

Unfortunately, like its bigger telephone brethren, Sacred Wind is not entirely free from the telephone industry politics that often lobbies for anti-consumer policies.  A concerning document on Sacred Wind’s website promotes a questionable legislative agenda, including support of legislation that would permit providers to “create fair compensation in network use by identifying traffic on our networks,” which is a Net Neutrality no-no if it applies to their broadband network.  Another mysterious bullet point, not well explained, objects to “video programming and broadcasting practices that make it difficult to provide an affordable product to our customers.” That could apply to wireless frequency allocations or traffic on their broadband network — it’s not well defined.

While the FCC works on its goal of providing broadband access to underserved Americans, actual case studies illustrating “successes” like Sacred Wind that only manage to bring 3Mbps service to rural areas underline the need for Universal Services Fund reform.  Dedicating additional economic assistance to construct considerably more advanced networks to meet the needs of an increasingly high bandwidth Internet is essential to correct the urban-rural digital divide.  The original purpose of the USF to guarantee basic phone service in rural areas was a noble idea a decade ago, but that was then and this is now.

As the pile of money in the USF continues to grow from Voice Over IP and mobile phone surcharges, it was only a matter of time before waste, fraud, and abuse also turned up.  The administrators of the USF have often wasted considerable amounts of that money on questionable projects in decidedly un-rural areas.  Redirecting, reforming, and broadening USF resources to cover broadband deployment in areas like the Navajo Reservation may be one of the only ways to build sustainable and equitable broadband access networks that are scalable and affordable, even for the most financially-challenged communities.  Providing 256kbps service for $30 a month doesn’t come close to cutting it in poverty-stricken communities.

Additional video coverage of Sacred Wind can be found below the jump.

… Continue Reading

Glenn Britt, CEO of Time Warner Cable

I spent the morning dealing with the dentist and some significant tooth pain, which could end up leading to another delightful root canal.  It’s times like these when I like to share the pain.  Back on April 2nd, Time Warner CEO Glenn Britt spoke with CNBC reporter Julia Boorstin about Britt’s thoughts on Internet Overcharging, the state of the cable industry, the growing reliance Time Warner Cable has on its broadband products, and where online video fits into the picture.  Although Time Warner Cable shelved the consumption billing experiment, the belief in such billing experiments has not changed.

Virtually everything else in the interview remains largely the same for the company, including the all-important topic of TV Everywhere and online video content, which is back in the news.

If you want to understand the challenges facing big cable, this is must-see-online-TV. (Check out the unintentionally ominous background music which appropriately turns up around four minutes in.)

[flv width=”400″ height=”300″]http://www.phillipdampier.com/video/CNBC Glenn Britt 4-6-09.flv[/flv]

CNBC’s Julia Boorstin talked with Time Warner Cable CEO Glenn Britt on April 2nd about the cable company and the state of the industry these days. (15 minutes)

Phillip "I Also Told You So" Dampier

This past spring Stop the Cap! started relentlessly documenting the tragic phone and broadband service that came as a result of a lousy phone deal for New Englanders.  Verizon, busily wiring its larger service areas for FiOS fiber to the home service, wanted out of Maine, New Hampshire, and Vermont.  In a uniquely wonderful deal (for them), they not only managed a clean break from too much regulatory red tape, but also sold off the entire operation down to the last cable, phone jack, and building absolutely tax-free to FairPoint Communications, a tiny independent phone company headquartered in North Carolina.

Since the sale, it has been one catastrophe after another:  broken phone and broadband service up to weeks at a time, incorrect billing amounting to hundreds of dollars and collection calls pestering customers for money they don’t owe, investigation after investigation, broken promise after broken promise.  Since we broke from the story back in June to cover some of the nonsense and ripoffs going on in Canada, things have not gotten that much better.  In fact, the company’s stock has since lost 95% of its value, is defending against accusations it manipulated a “test run” of a conversion program to guarantee success (right under the noses of independent observers), a major management shakeup, and now the very real chance the entire mess is headed to Bankruptcy Court.

One member of the International Brotherhood of Electrical Workers, who loudly and, it turns out, very accurately predicted the results of this ill-conceived venture, said FairPoint is now swirling in the bowl, flushing itself, and three states’ telecommunications needs, right down the toilet.

So at the same time Frontier Communications is trying to pick up what Verizon is throwing away this year, it’s very illustrative to continue this story, to educate our readers about what happens when consumers’ needs are totally ignored.  Just as much to blame are the state regulators who are now ironically among the loudest complainers.  As we’ve shown documenting this entire story, they’ve changed their tune dramatically.  Back in 2007, they couldn’t say enough wonderful things about how confident they were in FairPoint, and were certain everything would work out just fine.

It did for them because they are still there, conducting the investigation about how this whole mess got started.

The Nashua Telegraph has followed this sorry story since day one:

Unable to make its massive debt payments, FairPoint will have to file for bankruptcy by month’s end unless it can strike a deal with creditors.

The company is losing land-line customers – and thus, revenue – faster than anticipated. And the celebrated launch of a TV service to compete with cable – a move FairPoint said would bring in the extra income to compensate for the decline in land-line customers – has been put on hold.

“There’s no satisfaction in saying I told you so,” said Rand Wilson, communications coordinator for the two unions that represent most FairPoint workers, which organized a major public campaign in an effort to stop the sale.

“We have to try to provide the best possible service under the circumstances and work with regulators and states to find a way to create a viable company.”

So far, that means trying to fix FairPoint from within, or hope the rumors of a buyout by Windstream, another owner of formerly independent phone companies, turns out to be real. But like FairPoint and Frontier, Windstream itself has a business model running phone service in the areas the big boys don’t want. How much of an improvement that company would provide remains an open question.  Regardless, unless FairPoint works the kind of magic it has never performed for its New England customers, it’s probably only a matter of weeks before bankruptcy:

P.J. Louis, a telecom industry expert and author of 11 books on the various topics within the industry, recently wrote that he thinks it’s a realistic option for the company.

“The more and more I think about it, the more I am convinced that FairPoint needs to file,” Louis wrote in an analysis on the Gerson Lehman Group Web site. “Every horror story you hear just scares the heck out of me. Frankly, I am questioning management’s ability to see the company through this rough time.”

Rochester, NY - New York's second largest economy on the shores of a broadband backwater

Broadband Reports this morning received word from an “insider” that Time Warner Cable is laying the groundwork to introduce “wideband” broadband service up to 50Mbps throughout New York State’s Verizon FiOS-wired communities.  According to the report, Time Warner Cable plans to launch faster DOCSIS 3.0 service in Buffalo in mid-November, Syracuse in December, and Albany in January.  The company introduced “wideband” service in metropolitan New York City a few weeks ago.

Omitted from the upgrade list is New York’s second largest economy and high tech capital of upstate New York — Rochester.  The city was in the news in April when Time Warner designated Rochester as one of the “test cities” for an Internet Overcharging experiment.  The plan was shelved when customers organized a mass revolt against the plan and two federal legislators intervened.

From a logical standpoint, it wouldn’t seem to make sense for a broadband provider to omit a region with more than one million residents, many who have been highly educated and work for the community’s largest employers – the University of Rochester/Strong Health, Eastman Kodak, Xerox, ViaHealth/Rochester General Hospital, Rochester Institute of Technology, Paychex, and ITT.

But from the all-important business standpoint, Time Warner Cable enjoys extraordinarily limited competition in the area, and the gap only widens in the coming future.  The area’s telephone provider, Frontier Communications, is known mostly for providing service in rural communities, and has so far offered lackluster plans for a 21st century broadband platform, preferring to rely on now-aging DSL technology while Verizon wires most comparably-sized cities in the rest of the state for advanced fiber-to-the-home FiOS service.

While Frontier can live comfortably in rural communities where cable television is not an option, customers who live and work in their largest service area continue to find disadvantages from a company business plan that these days seems more focused on mergers and acquisitions, and is content with language that defines an appropriate amount of monthly broadband usage at a ridiculously small 5 gigabytes per month.

Against a competitor like that, why would Time Warner Cable bother?