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Time Warner/MSG Negotiations Suddenly Achieve Success: They Agree You Should Pay More

Phillip Dampier February 20, 2012 Consumer News, Public Policy & Gov't, Video 2 Comments

Both sides agree Time Warner Cable needs to add a new music channel, one owned by MSG parent Cablevision Industries, to your cable lineup.

Some suspicious Buffalo hockey fans suspect the real reason for the sudden focus towards a weekend resolution of a nearly two month dispute that kept MSG off Time Warner Cable customers’ screens since Jan. 1 is the fact the New York (City) Knicks are winning some basketball games and player Jeremy Lin is enjoying his “15 minutes of fame” in the national media spotlight.  Both companies announced the latest round of negotiations, held in New York City, have brought an end to the dispute.

Now that MSG is back on Time Warner Cable, neither company is getting a round of applause for finally reaching a deal.  In fact, a key provision of the settlement requires that the cable company add a new network — Fuse — to the cable lineup.  That means Time Warner Cable customers will eventually pay for a music channel they never asked to receive.

The New York Daily News is just the latest newspaper to put fans’ frustrations into print:

[MSG and Time Warner Cable] don’t give a damn about you.

[…] Fans once apathetic over the blackout and the lethargic Knicks are now fired up and vocal. They are calling TWC and MSG. They are making their feelings known inside the Valley of the Stupid, too.

At this point they are having little impact. The two sides said they recently met. How long? Five minutes? The response from the suits at both companies is the same. Their propaganda never changes. They are more interested in gift-wrapping their problem.

Instead of locking itself in a room for around-the-clock negotiating, TWC is taking fans to a Knicks game in Charlotte. Or MSG, catering to the Asian market it suddenly discovered, is throwing a Knicks viewing party at a Chinatown restaurant. This is known as manipulation. These are nothing more than visuals. They don’t change a damn thing.

The song remains the same: TWC says MSG is looking for a 53% increase in subscriber fees, which now, according to industry analysts, average just over $2.63 per customer. MSG responds by saying TWC is lying. TWC says in September MSG agreed to a 6.5% increase. MSG says that’s a lie, too.

Someone is lying. Everyone is lying. That’s part of the spin. Instead of taking it out on both sides for shafting you, they want you to choose sides, identify a bad guy. Don’t. When two lying swines are fighting in the slop, only a sucker would try to intervene.

After nearly two months of cable subscribers complaining they were paying for a sports channel they were not getting, everyone –and– the governor got involved.  But perhaps nothing motivated a resolution more than the sudden media spotlight on Knicks’ player Jeremy Lin, dubbed Linsanity.

“Linsanity helped,” Chris Marangi, a portfolio manager at Gamco Investors told Bloomberg News.  The investment firm owns about 5 million MSG shares and 500,000 Time Warner Cable shares. “Time Warner Cable realistically couldn’t have dropped MSG — it’s too important to too many fans in New York to not be carried. Both sides probably gave a little.”

While state politicians thanked each other for a “job well done,” Time Warner Cable subscribers won’t be getting a refund for a channel missing from their lineup for eight weeks.  But they will likely face a higher rate increase in 2013, in part to pay for a music channel few knew existed and even fewer wanted.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/WIVB Buffalo Fans React to MSG Deal 2-19-12.mp4[/flv]

WIVB in Buffalo explores the fallout of Time Warner Cable and MSG’s near-two-month dispute.  (2 minutes)

We’re in the Broadband Shortage Business: Big Telecom Attacks Providers That Can Do Better

Not a problem

Who knew America’s largest cable and phone companies were in the broadband shortage business?

Broadband evangelist Craig Settles has been as outraged about this year’s crop of anti-broadband legislation as we have here at Stop the Cap!

He wrote about the implications of allowing state laws to be changed in favor of the big cable and phone companies in a piece published by GigaOM that details where these anti-community Internet bills are coming from:

This push is brought to you by the American Legislative Exchange Council (ALEC), a group of corporate lobbyists who ghostwrite state bills behind closed doors that their pocket legislators then push on the floor. This “model” of anti-muni broadband legislation contains wording that is replicated in these latest bills and newspaper op-eds that attack community broadband.

Many of the nation’s largest phone and cable companies funnel funds into ALEC, and even sponsor wine-and-dine trips for state legislators and their families as part of a comprehensive effort to get their foot (and later proposed legislation) in the door.

Download this archive of ALEC-written and sponsored state legislation/policies affecting telecommunications and IT.  (16mb .zip file)

Few state legislators fully realize the implications of some of these measures, which can hamstring their state’s broadband networks into “good enough for you” broadband, as determined by Comcast, AT&T, Time Warner Cable, Verizon, and others.

ALEC’s dog-and-pony show opens with its corporate backers enhancing their campaign contributions to legislators likely to support their agenda.  ALEC’s lobbyists can then provide “boilerplate” templates for legislation that can be slightly modified and introduced at the state level for consideration.

With a significant increase in campaign contributions targeting friendly legislators, community broadband suddenly becomes a hot topic at the statehouse.

Legislators do not work alone to pass these measures.  As we’ve seen in other states, industry-backed lobbying firms deliver a comprehensive set of support services for the campaign to stop community broadband competition:

  1. Talking points for legislators and others opposed to municipal Internet;
  2. Professionally produced mailers that can be distributed to every home in a community bashing community networks;
  3. Sample letters to the editor intended for local newspapers and easy-to-send letters to legislators asking them to support anti-broadband legislation;
  4. Help from seemingly “independent” outside groups that criticize such networks, without disclosing their funding comes, in part or whole, from the cable or phone company.

Settles

Being hoodwinked by the companies that want these kinds of bills passed leave your community’s broadband needs entirely in the hands of providers that have performed so poorly in some cities, local governments have decided they have to provide the service themselves.  Settles illustrates the obvious:

This isn’t about unfair competition by local government. When Wilson’s 12-person IT department can plan, build and manage a network that can deliver speeds (up to a gig) 20 times faster than the best Time Warner Cable offers, that’s competing with superior technology. When Comcast customers switch to Chattanooga’s gig network because of their public utility’s better customer service, that’s competent competition. When tiny Reedsburg, Wis. refuses to compete against the large cable company on price, but beats competitors by offering greater value such as a better selection of Internet services, they compete based on local credibility.

So U.S. communities have to ask themselves, are they going to stay stuck on the train or will they be zipping along at warp speed?

Providers and their industry friends will always argue that you don’t need gigabit broadband speed — what you get from your cable or phone company today is “fast enough.”  Some go as far as to argue current providers are equipped to deliver whatever service customers need, but the demand “just is not there.”

Big Problem.

But as we argued on GigaOM ourselves, the nation’s largest telecom companies have already proven they apparently cannot meet the demand that exists today.  That is because an increasing number of them have started to slap arbitrary usage caps and other limits on their customers’ broadband usage.  Customers don’t want these Internet Overcharging schemes, yet they persist because of what providers effectively admit is a broadband shortage on their networks.

So for a city like Chattanooga, Tenn., which of the following providers should be punished (and potentially even banned) for being in the broadband business:

  1. AT&T, which delivers around 6-7Mbps DSL in suburban Chattanooga or up to 24Mbps on its U-verse platform with 150GB/250GB usage limits respectively;
  2. Comcast, which delivers up to 50Mbps over cable broadband with a 250GB usage cap;
  3. EPB Fiber, which delivers up to 1,000Mbps over fiber optics with no usage cap.

If you are AT&T or Comcast, clearly the provider that must be stopped is #3 — EPB Fiber.  After all, you can’t be in the broadband shortage business when the competitor next door offers a broadband free-for-all made possible from an investment in a superior network that exists to serve customers, not shareholders and investment banks.

Heartland Institute Astroturf Group Threatens to Take Legal Action Against Bloggers, Activists

Skeptical Science produced this infographic of the Heartland Institute’s funding sources and where the money goes.

The Heartland Institute, a corporate-backed astroturf operation that has steadfastly supported cable and phone companies against the interests of consumers, has threatened legal action against activists, bloggers, and other journalists who published stories about recently-acquired documents connecting the group with major corporate donors.

Among telecommunications companies, both AT&T and Time Warner Cable show up in the alleged donor documents, which Heartland officials claim were obtained under false pretenses and, in some cases, were altered or forged.

Jim Lakely, communications director for the group, was unhappy:

We respectfully ask all activists, bloggers, and other journalists to immediately remove all of these documents and any quotations taken from them, especially the fake “climate strategy” memo and any quotations from the same, from their blogs, Web sites, and publications, and to publish retractions.

The individuals who have commented so far on these documents did not wait for Heartland to confirm or deny the authenticity of the documents. We believe their actions constitute civil and possibly criminal offenses for which we plan to pursue charges and collect payment for damages, including damages to our reputation. We ask them in particular to immediately remove these documents and all statements about them from the blogs, Web sites, and publications, and to publish retractions.

The fact the group implies it will take legal action against those who published stories not to the group’s liking will only draw added attention to the scandal.  Stop the Cap! has tangled with this group several times over the years whenever AT&T and Time Warner Cable’s corporate agendas are being challenged.

The group has steadfastly refused to release their donor lists, at one point telling us, “by not disclosing our donors, we keep the focus on the issue.”

Not really.  That’s because the first rule of politics is to “follow the money.”  Most of these groups do not sing their songs for free, and knowing who paid the songwriter can be very revealing.

The Associated Press found no evidence Heartland’s budget or fundraising documents leaked to the media were faked or altered:

Because Heartland was not specific about what was fake and what was real, The Associated Press attempted to verify independently key parts of separate budget and fundraising documents that were leaked. The federal consultant working on the classroom curriculum, the former TV weatherman, a Chicago elected official who campaigns against hidden local debt and two corporate donors all confirmed to the AP that the sections in the document that pertained to them were accurate. No one the AP contacted said the budget or fundraising documents mentioning them were incorrect.

Heartland can best salvage its reputation and put this behind them by releasing the names of their largest donors, letting consumers decide whether this organization truly represents their interests, or those of the corporations writing the big checks.  In addition to corporate contributions, Heartland’s operations rely on a single person identified only as “Anonymous Donor.” In the past six years, the man has given $14.26 million to the institute, nearly half its $33.9 million in revenue, according to the AP.

Grassroots this is not.

Isn’t It Time to Consider a Rural Broadband Administration? Co-Op Internet for America

This influential documentary explores the rural cooperative movement for electricity in the 1930s.

In 1935, just 5-10 percent of America’s family farms were wired for electricity.  The cities: lighted.  The rest of the country: in the dark.  It was the same old story then as it is today for rural broadband:

  • There are two few customers for us to make a profit by bringing you service;
  • The return on investment will take too long;
  • You won’t use enough service to justify the expense of providing it;
  • Okay, we’ll install service, if you pay thousands of dollars to cover the cost to bring it you.

Private providers delivered electricity to big cities, but found the countryside not worthy of their time or investment.  Then, as now, rural America’s economy suffered for it.  Back in 1935, family farms coped with wood-fired stoves, school homework by kerosene lamp, discarding fresh farm products that could not be kept cool, no running water, no radio, and no appliances to make an already difficult life a bit easier to manage.  In 2012, an increasing amount of the rural economy is moving online, where raw materials and goods are bought and sold, where knowledge-based jobs require a dedicated broadband connection, and education means completing homework assignments and doing research on the Internet.

Same old problems cast in a different light to be sure, but borrowing from America’s past may put a down payment on our broadband future.

President Franklin D. Roosevelt had heard all of the excuses and seen private electric companies try to showcase their minor efforts to improve power in rural America. A series of small scale projects that looked good in the newspaper could not hide the more general attitude it was unprofitable to provide the service to family farms.  In 1935, Roosevelt signed an executive order establishing the Rural Electrification Administration (REA).  Although FDR’s contemporary critics like to consider him a socialist that interfered in the private economy, in fact Roosevelt’s REA spent the majority of its effort in areas commercial providers wouldn’t touch with a 25-foot power pole.

The idea was simple.  Rural American communities with limited or no electric service could reach out to the REA to obtain low interest loans to finance the infrastructure to construct rural electric service.  When loans were approved, a cooperative electric company was established, with each “customer” being a member and part-owner of the co-op.  Income earned from ratepayers would pay for the service and pay back the government loans.  When the federal government was paid in full, the cooperative owned the new utility company outright.

In practice, this was the only way rural Americans, especially farmers, could obtain electric service.  These cooperatives often found they could deliver the same service a private company could, and for much less money. Co-ops work for the benefit of their members, not for outside investors.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Power and the Land.flv[/flv]

In 1940, the federal government commissioned ‘Power and the Land’ through the United States Film Service.  This one film, showing life for a farm family in southeastern Ohio before and after electrification, helped drive the rural electrification movement forward in areas yet to be wired for service.  The first 17 minutes chronicles life on the powerless farm, while the second half explores the REA electrification program and the changes electricity brought to farming life. (38 minutes)

Belmont County, Ohio shows the legacy of the REA. Diagonal line-shaded sections illustrate the service areas of the original power co-op noted in the film 'Power and the Land.' The yellow shaded areas are served by Ohio Power, a subsidiary of American Electric Power, Inc., a commercial company.

The film’s impact was profound (the Village Voice called it “a little masterpiece”), and more than four million farmers were estimated to have seen it.  Eventually, more than 500 miles of electric lines were being strung by America’s co-ops every single day.  Additional documentaries about the film were made decades later, narrated by Walter Cronkite, to chronicle the cooperative electricity movement, the original film, and what happened to the family.

Private providers were, of course, horrified by the REA and other Roosevelt Administration public works projects.  Private companies railed they were being undermined by low interest government loans, government involvement, and fear new regulations would threaten their profitable business models.  Some of Roosevelt’s fiercest critics called the administration’s zeal for public-good spending anti-capitalist and anti-American.  For Roosevelt, it was often simply a matter of finding the fastest solution to a pervasive problem private companies seemed uninterested and unwilling to solve.

The legacy of the REA remains plainly visible today.  In Ohio, what started as the Belmont Power Cooperative is today part of the South Central Power Company, itself a co-op within the Touchstone Energy Cooperative.  Belmont County, Ohio’s power grid still reflects the work of the REA in the 1930s, with the county divided into regions served by the original REA co-op and Ohio Power.

While South Central Power hasn’t gotten into the broadband business, several other rural co-ops have, expanding their focus towards fiber to deliver cable TV, Internet, and phone service.

If the concept of the REA was adopted for broadband, the formula for success can remain the same.  Low interest loans to finance fiber telecommunications networks provide limitless expansion possibilities and a clear path to solving rural America’s broadband inferiority problem.  Interest rates have never been lower, and by gradually repaying the loans from income earned from subscribers, taxpayer dollars are not at risk.  The federal government’s only real involvement in guaranteeing loans and providing oversight that the money is spent appropriately.  The co-ops that result will govern themselves by and for their members.

Some will say electricity is more important than broadband, and for some families that may be as true as similar arguments were for and against REA electricity in the 1920s and 30s.  But take a week off from your broadband service.  Disconnect it, don’t read e-mail or visit websites, and then re-evaluate that statement.

More and more, broadband has become a firmly established part of our lives at work, school, and home. If private companies won’t step up, let others organize to provide it.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/North Carolina Farmers Utilizing the Internet America’s Heartland.flv[/flv]

Fast forward to December 2011, and watch how rural Rutherford County, N.C. farmers are adapting to the new digital economy with the use of broadband.  They are selling their crops online to eager restaurants, markets, and other buyers up to 70 miles away.  No broadband?  No deal.  (5 minutes)

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