Time Warner Cable is facing possible prosecution for vandalism over sidewalk graffiti the company used in Redondo Beach, Calif. to advertise its Wi-Fi network — a service the city claims the company has no authorization to provide.

Redondo Beach officials immediately began receiving complaints the morning of July 5 when Time Warner Cable’s blue chalk advertising messages began appearing all over the city’s sidewalks.

City councilman Steve Aspel told the cable operator’s director of government relations that constituents were upset about the large promotional messages.

Time Warner’s Wi-Fi equipment (City of Redondo Beach)

“It really pissed me off and everybody in the neighborhood too,” Aspel told Time Warner’s Steven Sawyer. “Please have your company never do that again.”

Aspel told Sawyer nobody knew the messages were written in chalk, which will likely dissipate in a few days or sooner in any significant rain storm. The thought the cable company might have used blue paint on public sidewalks enraged several local residents.

But city officials were even more concerned about the fact Time Warner Cable has a Wi-Fi service up and running in Redondo Beach, without any permission from city officials to either install or operate it.

Assistant City Manager Marissa Christiansen told the council Time Warner was not allowed to operate any Wi-Fi network inside the city without explicit permission from the council. The city had been negotiating with the cable operator to grant permission to install the necessary Wi-Fi hotspots in the city’s right of way, but the cable company went ahead and installed them anyway, according to city manager Bill Workman.

“When we actually saw the markings on the sidewalk and put two and two together that it had all gone on without all the things we had discussed in those meetings, we, too, were very upset,” Workman said. “Very clearly, this is outside of their state franchise.”

Cable operators also require a building permit to install new equipment on public property.

Sawyer told the city council Time Warner apologized for the sidewalk markings, and the company moved quickly to remove them.

“We’ve done these markings in other cities and have never had an issue,” Sawyer said.

City attorney Mike Webb said there is an active criminal investigation underway to determine if the sidewalk messages are criminal graffiti, and was not in a position to elaborate as to if or when the cable operator would be prosecuted for violating the city’s municipal code.

Discussions about the Wi-Fi service itself are reportedly ongoing.

Time Warner Cable is planning major expansion of its network of Wi-Fi hotspots across southern California and into other service areas nationwide in the coming years.

Susan Crawford points us to this fun fact: While the cable industry wants to raise your prices to cover increased costs, one of the things they forgot to mention is more than $8,900,000 (so far this year) of your money was shipped straight to Washington to hand out to lawmakers. In the last quarter alone, the National Cable & Telecommunications Association has spent more than $4.5 million lobbying Washington on everything from repealing the Dodd-Frank Wall Street Reform and Consumer Protection Act to the Internet Freedom Act. If consumers are for it, the NCTA is against it. The ironic part of it is they put your money to work against your interests.

Imagine what you could do with $8.9 million — bringing broadband to the unserved, making service better for those who already have it, and keeping your broadband bill in check. Just sayin’.

The Federal Communications Commission’s July report on America’s broadband speeds shows virtually every major national provider, with the exception of Frontier Communications, made significant improvements in delivering the broadband service and speeds they advertise to customers.

Utilizing thousands of volunteer testers agreeing to host a router that performs automated speed tests and other sampling measurements (full disclosure: your editor is a volunteer participant), the FCC speed measurement program is one of the most comprehensive independent broadband assessments in the country.

Hourly Sustained Download Speeds as a Percentage of Advertised, by Provider—April 2012 Test Data

The FCC found Cablevision’s improvements last year paid off handsomely for the company, which now effectively ties with Verizon Communication’s FiOS fiber-to-the-home service for delivering promised speeds during peak usage times. The cable operator was embarrassed in 2011 when the FCC found Cablevision broadband customers’ speeds plummeted during Internet use prime time. Those problems have since been corrected with infrastructure upgrades — particularly important for a cable operator that features near-ubiquitous competition from Verizon’s fiber network.

“This report demonstrates our commitment to delivering more than 100 percent of the speeds we advertise to our broadband customers – over the entire day and during peak hours – in addition to free access to the nation’s largest Wi-Fi network and other valuable product features and enhancements,” said Amalia O’Sullivan, Cablevision’s vice president of broadband operations.

Verizon also blew its own horn in a press statement released this afternoon.

“Verizon’s FiOS service continues to demonstrate its mastery of broadband speed, reliability and consistency for consumers as represented in today’s FCC-SamKnows residential broadband report,” said Mike Ritter, chief marketing officer for Verizon’s consumer and mass market business unit. “The FCC’s findings reaffirm the results from the 2011 report, which found that FiOS provides blazing-fast and sustained upstream and downstream speeds even during peak usage periods. This year’s results also show once again that FiOS Internet customers are receiving speeds that meet or exceed those we advertise, adding even more value to the customer experience.”

Average Peak Period Sustained Download and Upload Speeds as a Percentage of Advertised, by Provider—April 2012 Test Data

Cable operators’ investments in DOCSIS 3 technology also allowed their broadband networks to perform well even as broadband usage continues to grow. Comcast delivered 103% of promised speeds during peak usage, Time Warner Cable – 96%, and Cox – 95%.

Just one nationwide provider lost ground in the last year — Frontier Communications, whose DSL service has grown more congested than ever, with insufficient investment in network upgrades apparent by the company’s dead-last results.

Frontier managed 81% of promised speeds in 2011, partly thanks to its inherited fiber to the home network. This year, it managed only 79%.

Frontier performed adequately for customers choosing its lowest 1Mbps speed tier. It also performed well in areas where its fiber network can sustain much faster speeds. The biggest problems show up for Frontier’s DSL customers buying service at speeds of 3-10Mbps. At peak times, network congestion brings those speeds down.

On average, the FCC found fiber to the home service delivers the best broadband performance, followed by cable broadband, and then telephone company DSL. Five ISPs now routinely deliver nearly one hundred percent or greater of the speed advertised to the consumer even during time periods when bandwidth demand is at its peak. In the August 2011 Report, only two ISPs met this level of performance. In 2011, the average ISP delivered 87 percent of advertised download speed during peak usage periods; in 2012, that jumped to 96 percent. In other words, consumers today are experiencing performance more closely aligned with what is advertised than they experienced one year ago.

The FCC report also found that outlier performers in the 2011 study, with the exception of Frontier, worked hard to make their differences in performance disappear. Last year, the standard deviation from promised broadband speeds was 14.4 percent. This year it is 12.2 percent.

Peak Period Sustained Download Performance, by Provider—April 2012 Test Data

The FCC also found consumers are gravitating towards higher-priced, higher-speed broadband service. Last year’s average broadband speed tier was 11.1Mbps. This year it is 14.3Mbps, almost 30% higher. Along with faster speeds comes more usage. Customers paying for more speed expect to use their broadband connections more, and the FCC found they do.

Overall, the FCC was encouraged to see broadband speed tiers on the increase, some to 100Mbps or higher.

Highlights from the report:

• Actual versus advertised speeds. The August 2011 Report showed that the ISPs included in the Report were, on average, delivering 87 percent of advertised speeds during the peak consumer usage hours of weekdays from 7:00 pm to 11:00 pm local time. The July 2012 Report finds that ISP performance has improved overall, with ISPs delivering on average 96 percent of advertised speeds during peak intervals, and with five ISPs routinely meeting or exceeding advertised rates.
• Sustained download speeds as a percentage of advertised speeds. The average actual sustained download speed during the peak period was calculated as a percentage of the ISP’s advertised speed. This calculation was done for each speed tier offered by each ISP.
  • Results by technology:
    • On average, during peak periods DSL-based services delivered download speeds that were 84 percent of advertised speeds, cable-based services delivered 99 percent of advertised speeds, and fiber-to-the-home services delivered 117 percent of advertised speeds. This compared with 2011 results showing performance levels of 82 percent for DSL, 93 percent for cable, and 114 percent for fiber. All technologies improved in 2012.
    • Peak period speeds decreased from 24-hour average speeds by 0.8 percent for fiber-to-the-home services, 3.4 percent for DSL-based services and 4.1 percent for cable-based services. This compared with 0.4 percent for fiber services, 5.5 percent for DSL services and 7.3 percent for cable services in 2011.
  • Results by ISP:
    • Average peak period download speeds varied from a high of 120 percent of advertised speed to a low of 77 percent of advertised speed. This is a dramatic improvement from last year where these numbers ranged from a high of 114 percent to a low of 54 percent.
    • In 2011, on average, ISPs had a 6 percent decrease in delivered versus advertised download speed between their 24 hour average and their peak period average. In 2012, average performance improved, and there was only a 3 percent decrease in performance between 24 hour and peak averages.
• Sustained upload speeds as a percentage of advertised speeds. With the exception of one provider, upload speeds during peak periods were 95 percent or better of advertised speeds. On average, across all ISPs, upload speed was 107 percent of advertised speed. While this represents improvement over the 103 percent measured for 2011, upload speeds have not been a limiting factor in performance and most ISPs last year met or exceeded their advertised upload speeds. Upload speeds showed little evidence of congestion with little variance between 24 hour averages and peak period averages.
  • Results by technology: On average, fiber-to-the-home services delivered 106 percent, DSL-based services delivered 103 percent, and cable-based services delivered 110 percent of advertised upload speeds. These compare with figures from 2011 of 112 percent for fiber, 95 percent for DSL, and 108 percent for cable.
  • Results by ISP: Average upload speeds among ISPs ranged from a low of 91 percent of advertised speed to a high of 122 percent of advertised speed. In 2011, this range was from a low of 85 percent to a high of 125 percent.
• Latency. Latency is the time it takes for a packet of data to travel from one designated point to another in a network, commonly expressed in terms of milliseconds (ms). Latency can be a major controlling factor in overall performance of Internet services. In our tests, latency is defined as the round-trip time from the consumer’s home to the closest server used for speed measurement within the provider’s network. We were not surprised to find latency largely unchanged from last year, as it primarily depends upon factors intrinsic to a specific architecture and is largely outside the scope of improvement if networks are appropriately engineered. In 2012, across all technologies, latency averaged 31 milliseconds (ms), as opposed to 33 ms measured in 2011.
  • During peak periods, latency increased across all technologies by 6.5 percent, which represents a modest drop in performance. In 2011 this figure was 8.7 percent.
    • Results by technology:
      • Latency was lowest in fiber-to-the-home services, and this finding was true across all fiber-to-the-home speed tiers.
      • Fiber-to-the-home services provided 18 ms round-trip latency on average, while cable-based services averaged 26 ms, and DSL-based services averaged 43 ms. This compares to 2011 figures of 17 ms for fiber, 28 ms for cable and 44 ms for DSL.
    • Results by ISP: The highest average round-trip latency for an individual service tier among ISPs was 70.2 ms, while the lowest average latency within a single service tier was 12.6 ms. This compares to last year’s maximum latency of 74.8 ms and minimum of 14.5 ms.
• Effect of burst speed techniques. Some cable-based services offer burst speed techniques, marketed under names such as “PowerBoost,” which temporarily allocate more bandwidth to a consumer’s service. The effect of burst speed techniques is temporary—it usually lasts less than 15 to 20 seconds—and may be reduced by other broadband activities occurring within the consumer household. Burst speed is not equivalent to sustained speed. Sustained speed is a measure of long-term performance. Activities such as large file transfers, video streaming, and video chat require the transfer of large amounts of information over long periods of time. Sustained speed is a better measure of how well such activities may be supported. However, other activities such as web browsing or gaming often require the transfer of moderate amounts of information in a short interval of time. For example, a transfer of a web page typically begins with a consumer clicking on the page reference and ceases when the page is fully downloaded. Such services may benefit from burst speed techniques, which for a period of seconds will increase the transfer speed. The actual effect of burst speed depends on a number of factors explained more fully below.
  • Burst speed techniques increased short-term download performance by as much as 112 percent during peak periods for some speed tiers. The benefits of burst techniques are most evident at intermediate speeds of around 8 to 15 Mbps and appear to tail off at much higher speeds. This compares to 2011 results with maximum performance increases of approximately 50 percent at rates of 6 to 7 Mbps with tail offs in performance beyond this.
• Web Browsing, Voice over Internet Protocol (VoIP), and Streaming Video.
  • Web browsing. In specific tests designed to mimic basic web browsing—accessing a series of web pages, but not streaming video or using video chat sites or applications—the total time needed to load a page decreased with higher speeds, but only up to about 10 Mbps. Latency and other factors limited response time starting around speed tiers of 10 Mbps and higher. For these high speed tiers, consumers are unlikely to experience much if any improvement in basic web browsing from increased speed–i.e., moving from a 10 Mbps broadband offering to a 25 Mbps offering. This is comparable to results obtained in 2011 and suggests intrinsic factors (e.g. effects of latency, protocol limitations) limit overall performance at higher speeds. It should be noted that this is from the perspective of a single user with a browser and that higher speeds may provide significant advantages in a multi-user household or where a consumer is using a specific application that may be able to benefit from a higher speed tier.
  • VoIP. VoIP services, which can be used with a data rate as low as 100 kilobits per second (kbps) but require relatively low latency, were adequately supported by all of the service tiers discussed in this Report. However, VoIP quality may suffer during times when household bandwidth is shared by other services. The VoIP measurements utilized for this Report were not designed to detect such effects.
  • Streaming Video. 2012 test results suggest that video streaming will work across all technologies tested, though the quality of the video that can be streamed will depend upon the speed tier. For example, standard definition video is currently commonly transmitted at speeds from 1 Mbps to 2 Mbps. High quality video can demand faster speeds, with full HD (1080p) demanding 5 Mbps or more for a single stream. Consumers should understand the requirements of the streaming video they want to use and ensure that their chosen broadband service tier will meet those requirements, including when multiple members of a household simultaneously want to watch streaming video on separate devices. For the future, video content delivery companies are researching ultra high definition video services (e.g. 4K technology which has a resolution of 12 Megapixels per frame versus present day 1080p High Definition television with a 2 Megapixel resolution), which would require higher transmission speeds.

Year by Year Comparison of Sustained Actual Download Speed as a Percentage of Advertised Speed (2011/2012)

A Stop the Cap! reader working for a Kansas City non-profit group dropped us a note this morning indicating she has received an invitation from Google to join the company at a special event Thursday, July 26 which will be Google Fiber’s formal launch announcement.

“There is buzz all over town about Google launching the fiber service on a limited basis in certain Kansas City neighborhoods next week,” Cathy writes us. “The local media has definitely been invited and encouraged to attend and several non-profit groups are going together in a group to also informally meet with some Google officials at the conclusion of the event regarding access and pricing issues. We have already been told this will be a formal launch event.”

Google has kept its pricing and exact service availability information tightly under wraps, but the company is inviting local residents to sign up for e-mail invitations and additional information as it is released.

The anticipated launch has not been missed by Time Warner Cable, which has taken to placing signs around the workplace offering $50 “rewards” for insider tips about Google Fiber’s launch and marketing plans. Although some in the tech press have characterized this as “fear” of Google Fiber, a Time Warner employee tells Stop the Cap! the “reward” program is not unprecedented and the cable company has occasionally offered goodies to employees who can deliver tips about competitors like Verizon FiOS and community fiber broadband networks for years.

Courtesy: Gigaom

Kansas City residents will certainly have a choice when Google Fiber launches its gigabit network. In addition to fiber broadband from the search engine giant, customers in different parts of the area can also get cable from Time Warner Cable or Charter and U-verse from AT&T.

Google will join Chattanooga’s EPB Fiber as America’s gigabit residential broadband providers. Cable operators and phone companies are expected to downplay Google’s fiber introduction — likely telling customers they do not need gigabit speeds and chastising its likely monthly cost.

Google’s competitors may have to prepare to deliver that message beyond Kansas City, however.

Dow Drukker, senior vice president of CapStone Investments, believes Google is in the mood to grow:

Initial Indications Google Fiber Is Likely Expanding Beyond Kansas City.

We saw an ad for an Inside Sales position in Mountain View, CA for selling Google Fiber to small businesses. The ad said the position would be tasked to build a team to sell a national broadband network indicating Google likely plans to build a fiber-optic network in additional cities.

This was the ad Drukker saw, which can be vaguely interpreted to indicate the company has plans to place Google Fiber in more cities (underlining ours), although we see nothing that specifically mentions a “national” broadband network:

The area: New Business Development

At Google, we set ourselves goals we know we can’t reach yet. Our New Business Development team works on game-changing ideas, from technological experiments to the expansion of existing businesses into new territories. We’re a team of technologists, entrepreneurs and leaders with an eye for what’s next, working across Google to develop products and ideas that revolutionize the way people connect with information.

The role: Sales Manager, Inside Sales, Google Fiber

Does winning new business get your adrenaline pumping? Drive growth for Google’s Online Sales Group as part of the Inside Sales Organization, the sole acquisition engine at Google. You collaborate with our Account Management teams to devise strategies to acquire specific segments of your market. Work independently, travel to trade shows, visit large prospective clients–it’s all part of this role. Be rewarded for being an overachiever while driving incremental growth in your market. You prescribe the right marketing mix based on Google’s core advertising products through acquisition of predefined mid-and up-market clients. You are product-and industry-savvy, and your energetic drive propels you toward new acquisitions and building and managing your own book of business.

If you want the opportunity to work on a state-of-the-art high-profile program, look no further than the opportunity to frame the future of broadband. The Fiber Sales Manager will build a team to evangelizes Google Fiber services to small and medium business and multi unit dwellings. Fiber Sales manager will develop a plan for our approach in the market including multi unit dwellings, small business, restaurants, and hotels. Inside Sales Representative, you reach out proactively to both small businesses, while articulating how Google Fiber Solutions can help make their work more productive. (And then, you seal the deal!) You excel at product pitching, cultivating a strong base of new clients and working with fellow technical Googlers to devise solutions and support for your clients.

One of the most potentially valuable lessons Google may teach with its new gigabit broadband network is one for Washington lawmakers. To date, cable and telephone companies have portrayed gigabit fiber broadband as unnecessary, unwanted, and too difficult and expensive to offer residential customers. Google’s performance in Kansas City could prove those arguments wrong.

Several years ago, phone companies like AT&T and Verizon discovered providing competing cable service over U-verse and FiOS meant approaching each community, asking permission to tear up the streets and yards of local residents to deliver the service. AT&T’s U-verse requires enormous 4-6 foot ugly metal cabinets in the front or side yard of a customer every few blocks. Verizon’s FiOS network necessitates the replacement of the copper wire network with fiber optic cables in its place. More than a few yards and streets were torn up installing the new cables.

Dealing with individual town boards, city councils, and other franchising authorities became a nuisance for the companies, so both decided to invest some serious lobbying money to rip control away from local authorities. Understanding they would never get away with advocating for no oversight, they settled for the next best thing — advocating for a statewide franchise law. With that, both phone companies simply needed to obtain a single license from the state to operate.

U-verse cabinets often make the evening news when they are plunked down in your front yard. With statewide video franchise laws, you and your local community leaders no longer have a say.

AT&T has been especially successful in passing such “reforms” in their service areas. Verizon has fought less successfully in the more-skeptical northeastern states unwilling to give the company carte blanche-benefit of the doubt.

Illinois is definitely AT&T territory, and the company’s successful push for statewide franchising in 2007 was tied to promises AT&T would hurry out its U-verse service across Illinois. Instead, with many Illinois customers still without access to U-verse, the phone company recently announced its upgrade-expansion was over. But AT&T remains grateful to the Illinois legislature for keeping its end of the agreement — removing certain pesky consumer protection and local oversight laws.

AT&T also craftily defined limits on how much authority the state franchise body could have to operate. In some states, franchise authorities are little more than paper pushers issuing franchise agreements at-will to operators, leaving local communities stuck with whatever quality of service the phone and cable company is willing to offer.

While phone companies spent millions lobbying for franchise reform, the cable industry has occasionally fought their efforts, maintaining AT&T and Verizon should have to follow the same rules they do. Cable operators spent years negotiating franchise agreements with every community they service. In many cases, the cable industry lost the battle but, along with AT&T and Verizon, effectively won the war.

In Carbondale, cable customers quickly learned that statewide video franchise “reform” pushed by AT&T was no help to them. Soon after the law was passed, Mediacom closed the only local customer service center in the city, in direct violation of their local 2009 franchise agreement that required Mediacom to keep its service center open for at least a decade after signing.

In court, Mediacom argued their signed contract with Carbondale was null and void because of the changes to the Illinois Public Utility Act, which transferred franchise authority to the Illinois state government and out of the hands of local officials.

Carbondale officials sued Mediacom in 2010 over the franchise violation, and the cable company opened a temporary customer service center in a local shopping center as an interim measure.

Now two courts have found in favor of Carbondale’s carefully written franchise agreement, and have ruled Mediacom cannot simply tear up their local franchise agreement, state law or not.

What made the difference for Carbondale was language in the agreement that kept close to the consumer protection provisions now found in the statewide franchise law. Courts found that because Carbondale did not stray from the state’s standards, they were within their rights to expect Mediacom to continue operating under the terms of the franchise agreement the company signed.

“The circuit court correctly concluded that the plaintiffs and Mediacom ‘mutually agreed to contracts, both valid at the time of their formation, and valid after the enactment of the customer service and privacy protection standards of (statute),” Justice James M. Wexstten wrote in the appellate ruling.

That leaves Mediacom mulling extending its lease on their single local customer service center, at least until they decide whether or not to appeal the case to the Illinois Supreme Court.

Jackson County Assistant State’s Attorney Dan Brenner and Carbondale City Attorney Mike Kimmel, who fought Carbondale’s case in court told The Southern they would not be surprised to see Mediacom pursue the case.

“As far as we’re all concerned, they’ve got to keep that service center open in Carbondale until the contract ends or they get this thing reversed,” Brenner told the newspaper.