Phillip "Not a Time Warner Cable Employee" Dampier

One of the most vociferous critics of the publicly-owned cable system serving the communities of Mooresville, Cornelius and Davidson, N.C. has been exposed as an employee of Time Warner Cable.

MI-Connection, the community-owned cable system, has been subjected to withering criticism since town leaders purchased it from bankrupt Adelphia Cable in 2007.  The efforts to rebuild the system to current standards has proved time-consuming and expensive, and ongoing expenses will require an investment of at least $17 million over the next three years to keep the cable system up and running.  Despite the fact Time Warner Cable has run into larger, more expensive headaches rebuilding similar rundown Adelphia systems they purchased in Ft. Worth, Texas and Los Angeles, critics of community cable have pounced on the costly rebuild to attack public involvement in private enterprise and suggest city officials have not competently run the operation.

Some of the loudest criticism has come in the comment sections of local newspapers and media sites.  Just as Fibrant has faced similar attacks in the comment section of the Salisbury Post, critics of MI-Connection have piled on in newspapers like the Davidson News and Hunterville’s Herald Weekly.  One of the loudest critics of all, Andy Stevens, even started a blog devoted to attacking what he calls “Government Cable.”

David Boraks, editor of the Davidson News, has reported extensively on MI-Connection, and he reads the comments that follow his articles published online, including those written by Stevens.

In a story written today by Boraks, the Davidson News revealed a fact that consumers, the media, and local officials deserved to know — Stevens works for Time Warner Cable.  That revelation comes despite repeated earlier denials from Stevens when asked by reporters and local officials if he worked for the cable company.

Mooresville, North Carolina

How did the newspaper find out about Mr. Stevens’ day job?

MI-Connection board chair John Venzon has gotten fed up reading unrelenting, and often fact-free attacks on the publicly owned cable system he oversees.  Venzon told the Herald Weekly he used to ignore the often anonymous critics of the local cable system, but he’s changing tactics.  Venzon and some other MI-Connection supporters have jumped into the online debate, correcting false information and taking on some of the cable system’s loudest critics, including Stevens.

As part of that effort, Venzon decided to publicly disclose a recent encounter with Stevens at a local shopping center.  Venzon was especially interested to find Stevens wearing a Time Warner Cable uniform, driving a Time Warner Cable truck.

Venzon went public on the Davidson News website Friday:

I would like to point out that today we confirmed that Andy Stevens, a frequent attendee at our board meetings and vocal community critic works for Time Warner Cable. He was greeted by one of our employees while in a TWC uniform and driving one of their logo-ed vehicles. He has been active in using our publicly available information to turn our potential customers against us and to stir up fear, uncertainty and doubt about MI-Connection while hiding his motives. He does not live in our town or service area, so he does not ‘have a dog in the fight’ unless you consider who signs his paycheck. Could I attend competitors’ regular board meetings to see what they are doing?

To make matters worse, he has used the Freedom of Information Act to gain access to every communication between the towns, the board and management. So Time Warner does in fact sit in our meetings … and we are required to provide the meeting notes.

In corporate America, this would constitute espionage. In our situation, it is free and legal. I find it deplorable. I hope you agree.

I believe we should be required to report information just as publicly traded companies do and would adhere to all such requirement. That system promotes transparency to shareholders on a quarterly basis. In addition, we would continue to attend town board meetings and community roundtables to disclose information to citizens.

In another setting, I would be happy to debate the merits of public ownership of a utility that promotes the well being of its citizens and businesses within their community. However, we are in the midst of executing a decision that was made several years ago and are responsible to grow the business.

I do not mind a fair fight, and we must win based on the value of our products and services. However, don’t unfairly give advantage to our competitors and put our citizens at greater risk.

Boraks

Boraks has gotten an admission from Stevens he does, in fact, work for Time Warner Cable, a pertinent detail omitted from Stevens’ anti-MI-Connection blog.  Before deleting about a dozen articles attacking the community cable system, Stevens even noted on the home page of his website, “As I have a full time job, this effort will be accomplished during my free time (evenings and weekends),” without bothering to disclose what that job was.  His “About” section didn’t make mention of his employer either.

The now-defunct blog of secret Time Warner Cable employee Andy Stevens

Now that Time Warner Cable, a regular critic of community-owned broadband, has been put in the embarrassing position of having an employee indirectly do its dirty work, a company spokesman was reduced to telling Boraks they cannot control what their employees do.

But apparently behind closed doors, all is not sweetness and light between Stevens and his employer.  Stevens’ highly active blog suddenly was deprived of all its content after revelations about his employer made the newspaper.  Bing’s cache of Stevens’ site (which Stop the Cap! has captured) shows he had plenty to say about the cable system — none of it good.  That all changed today.

Boraks opined in his piece in the News that Stevens ongoing denials of involvement with Time Warner Cable and his lack of disclosure left him concerned.

Indeed, Stevens’ efforts to hide his employer’s identity and his subsequent decision to bring his blog down after the cat was let out of the bag suggests there is nothing for Stevens or Time Warner Cable to be proud of in their relentless, often sneaky efforts to bring community-owned competition to its knees.  When it comes to protecting duopoly profits of local cable and phone companies in North Carolina, it’s total war on all fronts.

It’s time for every consumer across the country to help our friends in North Carolina, who are now facing the prospect of a Broadband Dark Age with the passage of a cable-industry-written bill designed to protect their monopoly prices and deliver America’s worst broadband experience.

The grand lie that is the Level Playing Field/Local Government Competition Bill (H.129) claims it will protect broadband competition in the state.  It will, if you are Time Warner Cable facing top-rated, super-fast service from community broadband networks that compete with them in communities like Salisbury and Wilson.

The power to protect North Carolina’s broadband future is now in the hands of Gov. Bev Purdue.

The North Carolina Senate abdicated their responsibility to serve the interests of state residents.  On Tuesday, they voted 39-10 for this consumer atrocity:

Yesterday, the House added insult to injury voting 84-32 for the bill custom written by and for Time Warner Cable:

Not a single Republican in the House stood up for you.

Faison

Several legislators that still remember they represent the interests of voters and not out of state big cable and phone companies were appalled.

Rep. Bill Faison (D-Caswell, Orange), who has been a champion of better broadband across North Carolina, reminded the Assembly the bill should have been named the Time Warner Cable Anti-Competition Bill, written by a New York City-based company that will prevent cities from using their collective buying authority to provide themselves (finally) with the broadband service the private sector has steadfastly refused to deliver.

Faison noted Time Warner Cable CEO Glenn Britt made $27 million in compensation last year — the same as the entire cost of Wilson’s GreenLight fiber-to-the-home cable system.

Faison openly pondered what the cable company has been paying to employ the six full time lobbyists who have been trolling the halls of the state legislature for months, and exactly how much next year’s rate increase will be to pay for their services.

Even the former chairman of the state Republican party called H.129 an enormously arrogant piece of legislation.

Luebke

Another hero for consumers, Rep. Paul Luebke (D-Durham), noted the bill’s immediate impact will be to keep rural North Carolina a broadband desert.  Luebke called H.129 a bad bill that denies service even to communities where no broadband service exists.

But Rep. Marilyn Avila (R-Time Warner Cable) wanted to ensure no one could say there was a broadband problem in North Carolina, so she supported an amendment that allows areas to be declared served if even a single home has broadband service in a particular census block.  That provision delivers beneficial protection to CenturyLink, who can spend their time, money, and attention on a merger with Qwest, the last remaining independent Baby Bell.  While they focus on making themselves bigger through mergers and acquisitions, the phone company faces no competitive pressure to expand service in rural North Carolina, and will face no meaningful competition for the indefinite future.

While Gov. Purdue’s office has made noises about vetoing this bad legislation, it is essential that we let the governor know we need an absolute commitment on her part to veto H.129.  We’ve seen how Big Telecom plays their dirty pool, so we cannot afford to sit back and allow their lobbyists to wear the governor down.

Gov. Purdue

When Time Warner Cable tried to slap an Internet Overcharging scheme on consumers in New York, North Carolina, and Texas in 2009, Stop the Cap! made a commitment to join forces with all of the impacted communities to present a united consumer front against provider abuses.  H.129 qualifies.  That’s why we urge everyone to contact Gov. Purdue and let her know she must veto H.129, an anti-consumer, anti-broadband bill.

Please call -and- e-mail her office:

• E-Mail: [email protected]
• Phone: +1 919 733 2391

Minor Correction Made 5/6 – 5pm ET: We made an error referring to a census tract instead of a census block in the original piece.  One of our readers dropped us a note correcting us, which we are happy to do.  A “tract” actually has many “blocks” in it.

Creative Redefinition of Today's Problems Into Tomorrow's Solutions

At around 7:00pm ET, Republicans in the North Carolina State Senate are expected to ram through H.129, Rep. Marilyn Avila’s (R-Time Warner Cable) anti-consumer, anti-community broadband bill.

You can listen to the Evening of Infamy right here: North Carolina Senate Audio.

With the cooperation of most of the state’s Republicans, and a handful of Democrats taking cable’s money, North Carolina intends to solve their state’s broadband availability problems in a novel way: by redefining those without broadband service as having broadband after all.

Through an amendment, H.129 will essentially declare the service as widely available if even a single resident in a particular census block has access to something resembling broadband.  That could be 768kbps DSL from CenturyLink.  If one person has the service, the thinking goes, everyone can get it, even if they can’t.

The Senate intends to deal with North Carolina’s broadband crisis by changing the definition of the word ‘crisis‘ into ‘accomplishment.’ Instead of allowing communities to provide service in unserved areas, simply declare all areas as being served, thereby negating the need for community broadband.  Another victory for the free market, and it was dirt cheap not to provide the service, too!

So when broadband-deprived North Carolina consumers call Time Warner, CenturyLink, or AT&T, they can be told:

“No, it’s not that we don’t have any broadband service to sell you, we’re simply providing it in a unique new way — by delivering it to someone else!  (Can’t you move in with them?)”

Problem solved.

As one legislator said earlier, “[TWC and CenturyLink] are calling all the shots.”

Rep. Marilyn Avila (R-Time Warner Cable)

After passing through the Republican-dominated Finance Committee, Rep. Marilyn Avila’s (R-Time Warner Cable) cable company-written, anti-consumer legislation arrived in the North Carolina Senate this afternoon, where it was promptly, if temporarily, derailed over whether residents have the right to watch adult entertainment on community-owned broadband/cable networks.

That’s right… porn has thrown the state legislature into such silliness, the entire bill had to be pulled from consideration until Monday.

Here’s a quick rundown how things played out today:

♥ — H.129, Avila’s anti-broadband bill, has proved to be the first serious piece of legislation that has divided the normally lock-step Republican-controlled legislature this session.  That is entirely because YOU are putting the pressure on with your calls and e-mails to Senate members.  We have it on good authority the overwhelming amount of response to this bill from constituents has been downright hostile to the idea it should ever pass.  Consumers in North Carolina want more choices for broadband, not less.  They want increased competition, lower prices, and most importantly — better service (or at least s0me service from someone).  H.129 does none of those things.  It doesn’t deliver a single new broadband connection anywhere in the state.

♥ — Several amendments helpful to broadband development managed to win a place in the bill.  The communities of Wilson and Salisbury will get to expand their systems to cover larger areas, including the town of Faith Stop the Cap! covered earlier.  We also won a victory changing the terms of the “mandatory referendum” provision to strip away the loaded, misleading ballot question about whether cities should ‘take on more public debt’ to finance the construction of community broadband, replacing it with a fairer alternative — do you favor your community building its own broadband system. 

↓ — But we also lost a few battles. Yesterday, the industry covertly changed the definition of an unserved area from “an area where 50% don’t receive FCC basic broadband service” to a Census block, where 50% of the households don’t receive 768/200Kbps. That change annihilates the unserved area exemption. As confirmed by the highly credible e-NC authority, the industry provides its broadband data by Census block, not by household, and if a census block has just one home that receives Internet service, the entire census block is labelled as having Internet service.

Today, Senator Atwater (D-Chatham) tried to modify that definition with a much better measurement standard: “homes per square mile.”  The federal government has established that the least dense areas of the country are the most costly to serve, which explains why these areas traditionally lack broadband service or receive low speed DSL.  Atwater’s amendment targeted the 38% of the most rural areas in North Carolina to keep the door open for community broadband, but Senator Tom Apodaca (R-Hendersonville) would have none of it, despite the fact his district covers the rural expanse of the western mountains of North Carolina.  Stop the Cap! readers have shared stories with us about hanging out in parking lots using motel Wi-Fi to pay their bills online or complete homework.  In Apodaca’s world-view, that means those areas have broadband.

Now our readers will understand why we have stressed it is so important to have accurate, in-depth broadband map data.  Instead, industry-connected groups like Connected Nation conjure up maps created by unverified, provider-supplied data.  This map data is a critical part of H.129’s tragic terms and conditions.  If the maps say service exists, industry lobbyists use that to browbeat elected officials into believing there is no broadband problem, and there is no reason to allow communities to build their own broadband services.

Of course, the reality is very different.  We’ve received hundreds of messages from Americans who say these maps show broadband as being widely available in their communities, but in reality is not.  Some legislators in North Carolina have confronted this reality personally. For those that haven’t, it’s easy to accept provider arguments, cash those campaign contribution checks, and throw constituents under the bus.

We Saved the Most Ridiculous Part of Today’s Events for Last

Sen. Apodaca's obsession with adult entertainment derailed a scheduled vote on H.129 this afternoon.

When the city of Fayetteville wanted protection for their investment in fiber optics, at risk from H.129, the aforementioned Sen. Apodaca lost his mind.  Instead of protecting city funds already spent on next generation fiber, he substituted his own new amendment — to strip adult programming off community-owned broadband/cable systems instead.

You read that right. In case you didn’t, here it is again:

Sen. Apodaca would rather be the arbiter of what you can watch in the privacy of your own home than protecting community investments in broadband improvements.

So much for the “level playing field” title of Avila’s original bill.  Apodaca’s anti-porn crusade does not apply to Time Warner Cable or other private providers, so he has no problem at all if you want to pop some popcorn and settle down to some movies like “Suck It Sunrise,” “Boning Black Beauty 8” (to answer those lingering questions that went unanswered in part 7), or “Dripping Wet Lesbians,” all currently running on TWC’s adult channels.

No matter that Apodaca’s amendment is completely against federal law, which should signal how clueless some legislators are about these issues.  The Cable Act provides settled law on this subject.  Government cannot engage in cable content regulation — particularly the state and federal government.  The cable industry lobbied hard for that protection in the 1980s in part because of controversy over MTV and other “explicit” programming.  Only the local franchising authority can make decisions about the content they carry — and that means local communities get to make those decisions for themselves (47 USC 544(d)(1)).  That means Sen. Apodaca should worry about his own television viewing habits and stay out other peoples’ lives.

We’re helpers here at Stop the Cap!, so we’d point the senator to 47 USC 544(f)(1):

(f) Limitation on regulatory powers of Federal agencies, States, or franchising authorities

(1) Any Federal agency, State, or franchising authority may not impose requirements regarding the provision or content of cable services, except as expressly provided in this subchapter.

Those exceptions, by the way, have to do with changes in federal law, not the individual whims of one state senator.

Sen. Mansfield, who introduced the original amendment to protect Fayetteville, was naturally disturbed to find Apodaca’s non-germane substitute.  That promoted Apodaca to suggest Mansfield allowed his children to watch pornography, and from there the debate spiraled out of control.  After a brief recess, Apodaca returned to apologize to Mansfield, before killing the amendment to protect Fayetteville’s fiber investment for a second time.

Reviewing today’s events provides us with another edition of Legislators Out of Their League.  Apodaca’s naive amendment was not the only telling example (we know more about telecommunications law than he does.)  Yesterday in the Senate Finance Committee, Ms. Avila was utterly lost at sea as discussion ensued on amendments to the bill with her name on it.  Reduced to muttering at times, confused about the discussions dealing with the definition of underserved, her usual reaction was to oppose what she didn’t understand.  None of this is surprising considering the cable industry wrote the majority of her bill she introduced as her own.  She continues to protect their interests while ignoring yours.

This is why we continue to oppose H.129 and you should too.  We have until Monday to continue to drive the message home to state senators.  If you called or wrote before, it’s time to write and call again.  Tell your state senator H.129 is a bill written by and for the cable and phone companies.  It does not deliver any new broadband service to anyone, risks the investments communities across the state have already made, and allows a handful of big telecom companies to control North Carolina’s broadband destiny.  Considering the state achieves dead last ratings in broadband, that is the kind of control they should never be allowed to have.

Senate Representation By County

2011-2012 Session

(click on your member’s name for contact information)

Stop the Cap! has learned Rep. Marilyn Avila’s (R-Time Warner Cable) anti-consumer, anti-competition, anti-community broadband bill H.129 is on the move again.  Now it’s up for a final vote in the Senate Finance Committee early Wednesday afternoon.  This is our last chance to derail this nasty piece of legislation before it hits the Senate floor and community networks start considering pulling the plugs on their expansion efforts.

North Carolina is YOUR state.  The state legislature is not Time Warner Cable’s personal playground, where they can order up customized corporate protection bills to protect their monopoly profits and stick you with higher bills.  It’s time to let your state senator know H.129 is totally unacceptable.  North Carolina is suffering from America’s worst broadband, and nothing about H.129 will make it any better.  Instead, companies like Time Warner and CenturyLink will continue to charge more for less service than other states enjoy.

North Carolina needs all of the broadband it can get, and with the defeat of H.129, the towns and communities big providers have bypassed for years can finally address their own needs without enduring years of broken promises for broadband service that never seems to materialize.

Our allies at Free Press have made this as convenient as can be.  Check out their legislator look-up page, which will get you the contact information for your state senator.  Then make the call starting tonight (you can even leave a message on their voicemail):

“Hello, I am calling to ask Senator “x” to oppose H.129, Rep. Avila’s anti-broadband bill now before the state Senate.  H.129 is nothing short of a protection bill for Time Warner Cable’s fat profits and does not bring a single new broadband connection to our state.  If communities want to build better broadband for people like me, I say let them.

North Carolina has the worst broadband in the country and large parts of our state cannot get it even if they wanted it.  We have the power today to hold our local leaders responsible if they stray too far — it’s called an election.

We don’t need Ms. Avila and Time Warner Cable, an out of state corporation, telling us what kind of broadband service we can get.

I absolutely expect you to oppose H.129 and I am carefully watching who votes for and against this legislation as it will be a major determining factor how I vote in the next election.  Please feel free to contact me at (provide name, address, and phone number.)  Thank you for hearing me.”

We need your calls to make the difference!