Opelika residents who cast votes in Tuesday’s special referendum on cable competition delivered a decisive “yes” to city officials seeking to build a fiber to the home cable and broadband system in the city.

Although the turnout was just 18 percent, 62 percent of residents voting voted for the system’s construction, 38 percent said “no.”

For most of the supporters of the project, it was about delivering a resounding message to Charter Cable that their days of endless rate increases and sub-standard service in eastern Alabama were over.

Opelika mayor Gary Fuller was excited by the outcome of the vote.

“It’s a great day for Opelika. It’s a great day for our future. It’s a terrible day for Charter,” he told a crowd waiting to hear the mayor’s reaction to the results of the special referendum.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/Opelika Votes Yes Cable Competition 8-10-10.flv[/flv]

The Opelika Auburn News captured some of the remarks from Opelika Mayor Gary Fuller announcing the results of the referendum.  (4 minutes)

Fuller has been complaining about the lack of cable and broadband competition in Opelika for years, noting residents regularly complain about Charter Cable’s prices and service.

Fuller

Part of the drive to look for alternatives may have come from watching a cable overbuilder, Knology, installing a $20 million fiber network down the road in nearby Auburn.

While Knology does compete with existing cable providers in many cities, it often takes years for the company to deliver service to every residence, if ever.  In fact, Knology is most commonly found in multi-dwelling units like apartment buildings, condos, and new housing developments where construction costs are lower.  Fuller proposes to build a network that will serve everyone.  The city will negotiate with companies like Knology to use the new fiber network to provide service to residents.

“I believe that this is the most amazing thing that any of us as elected officials will ever do during our service in the city of Opelika, because of what it will mean to our future especially with high speed Internet that will be a calling card for high paying jobs in new industries for Opelika,” Fuller said.

Charter Cable fought hard to stop the network, but wasn’t always accurate along the way.

Skip James, Charter Communications government relations director, claimed other municipal networks were financial failures.

“It has been repeatedly demonstrated that when cities or municipal-owned power companies enter the video/data/phone business, it usually ends up costing the taxpayers at least twice as much as the consultant had suggested,” James said. “It also has resulted in many municipalities selling off the networks at significant losses or walking away from further operation of the network.

“After the initial system cost, the city has to stay abreast with the competition and changes in the marketplace by investing more money in costly upgrades. This is a high risk of taxpayer money, since the taxpayers are generally not aware that they have the ultimate responsibility for payment and/or default on the huge bonds to build and upgrade the system.”

Of course, many municipal systems are up, running, and profitable for the communities they serve.  Construction delays and costly lawsuits from incumbent providers can delay such projects and boost costs, but since Opelika’s system will be built with revenue bonds, which are paid back through generated revenue, taxpayers cannot be left responsible for payments or defaults.

James could not understand why the city would want such a network when Charter was already serving the community.

“Our communications system is in front of almost every house and business in the city of Opelika,” James said. “Why would the city want to risk so much taxpayer dollars and go into this much debt when a network already exists that can provide services the customers want at a much lesser cost?”

Opelika residents who wanted an alternative to Charter may have just voted their answer.

City officials will seek bids for construction work in the near future.  Operations will be run by Alabama Light and Power.

There were a total of 2,819 ballots cast. Here’s how they broke down according to ward:

• Ward 1: 211 yes, 54 no
• Ward 2: 236 yes, 86 no
• Ward 3: 368 yes, 333 no
• Ward 4: 443 yes, 228 no
• Ward 5: 492 yes, 368 no
• Absentee ballots: 14 yes, 7 no

[flv]http://www.phillipdampier.com/video/WTVM Columbus GA Opelika Cable Controversy and Vote 8-10-10.flv[/flv]

WTVM in Columbus, Georgia covered the story of Opelika’s journey to build their own fiber network.  (5 minutes)

Charter Communications, the cable success story that wasn’t, wants consumers in Opelika, Alabama to believe their cable system is better by the last mile than any fiber-to-the-home system around.

Residents of Opelika are voting today on a referendum to allow the city to finance the construction of a true fiber to the home network for residents and businesses across the area.  They are up against cable industry opposition and a small group of vocal citizens who oppose the project on political grounds.

Charter Cable, still dusting itself off from bankruptcy reorganization, told Fierce Telecom that their hybrid coaxial-fiber cable system was actually better than an all-fiber network.

What’s most interesting here is Charter’s stance that their HFC network, which would also include fiber, is more resilient than an all-fiber last mile network. “This delivery system keeps the cost down for residential customers while supplying direct fiber optic connections to businesses requiring the maximum bandwidth available nationally,” said Skip James, government relations director for Charter Communications. “If a coaxial cable is damaged by traffic accidents or excavation procedures, it can be repaired rather quickly, whereas a damaged fiber optic cable will take hours or days to repair, depending on the scenario.”

Obviously fiber cuts can happen with cable networks too, and this kind of argument is an about face for cable operators, who are usually busy trying to convince people that fiber and cable are largely indistinguishable.

Opelika’s network capabilities will be readily apparent once consumers realize a fiber to the home system can easily deliver the same upstream and downstream speeds, something Charter Cable can never offer on its network.  Fiber is also near-infinitely upgradeable, while cable systems are forced to take away analog channels from customers to make room for services that are already provided on most true fiber networks.

Citizens of Opelika, Beware!  Your city government wants to take over control of your appliances, censor and control the Internet, and plant the red flag of socialism at the new Kremlin building — the Opelika City Hall on South 7th Street.

Welcome to another classic battle against municipal broadband competition.  All of the usual players have assembled, and the opposition has a overstuffed bag full of tricks — many old, some new, to convince Opelika that bringing additional cable competition to the region is just the worst thing… ever.

The proposal: to spend $33 million dollars, financed by revenue bonds (not taxpayers), to build a fiber to the home platform to deliver 21st century broadband service and competition to incumbent, recently-bankrupt Charter Cable.  The city of Opelika itself would probably not get into the cable business directly.  It proposes to work with Knology, a credible cable overbuilder already providing cable and broadband services in Alabama, to manage the day to day operations and handle customers.

Why: (from the City of Opelika website) “For many years now – not only during Mayor Gary Fuller’s Administration, but during Barbara Patton’s Administration before him and even Mayor Freeman’s administration before her – numerous complaints were received from citizens about the high prices and poor service they were receiving, while others have complained that they can’t get any cable service in their neighborhoods at all.  After years of trying to get other cable/Internet providers to come into Opelika and give Charter Communications competition – to no avail – we decided that the best way to give our citizens competitive services was to offer competition ourselves.”  No surprises there.  Large cable operators have never challenged one another in their respective markets.  Why ruin a good thing by launching a price and services war?

The vote: A referendum on the question will be held this Tuesday, asking citizens to support the project.

Opposition to the project from some quarters has bordered on hysteria, especially from a so-called “consumer grassroots group” and a local website, Opelika’s Smart Grid, that has tried to scare residents into believing city officials are on the verge of taking control of residents’ air conditioners and ovens, unleashing Big Brother on a scale even the most paranoid haven’t even considered.

Stop the Cap! investigated the group claiming to represent the citizens of Opelika, and we came away with more questions than we originally asked.

The local media has accepted, without much challenge, the representations made by these groups opposed to the municipal project.  Few questions have been asked about who belongs to the groups and how they are financed.  As Stop the Cap! has seen over the past two years, opposition to municipal broadband projects usually comes from coordinated campaigns — a direct attack by lobbyists for the cable and phone companies, and efforts by political groups to demagogue such projects hoping to pick up citizen opposition on philosophical grounds.  If Americans for Prosperity, the Heartland Institute, Digital Society, or FreedomWorks is involved, you’ve got political astroturf in action.  Since many of these political groups are on the payroll of phone and cable operators, it’s just one more way to achieve the same thing — protection for America’s broadband duopoly.

Who is “Opelika’s Smart Grid” and the Concerned Citizens of Opelika?

Stop the Cap! has researched both “groups” and discovered they are essentially one and the same.  Some of the members of “Concerned Citizens” are also the authors, and primary participants on “The Opelika Smart Grid” website.  They are strongly anti-government, and their opposition to municipal services borders at times on the paranoid.  Neither group has more than a handful of loosely-associated members, but they do bring along those who share a common, mostly Libertarian/anti-government philosophy.  Think “tea parties against municipal broadband.”

Domain name records show the website was first registered July 4th, 2010 by William Mayfield who lives on 9th Street in Opelika.  Mayfield’s concern about the project’s capability to deliver “smart grid” technology to the local electricity provider prompted him to launch into some pretty far-out conspiracy theories about the implications of the project (taken from Google web cache):

The so-called smart-grid is a government controlled power and information distribution system that combines and monitors the activities of internet, phone and power usage of the customer.  This is the vision of socialists like Al Gore and would be a huge step forward for the watching “big brother”. We need to fight this very hard, very quickly.

[…]In government speak motivate = force. And if they determine that you are not worthy of receiving power for whatever reason, like being a reformed Christian, I can assure you they’ll find authority in the “Patriot Act ” to turn your lights out. While this may sound like borderline paranoid ramblings, keep in mind that history shows that the state always takes every chance to increase its power and ultimately uses that power against its own people. Let’s don’t give them the opportunity here.

Mayfield’s tentative writings on his Citizen 10/Limits on Government blog didn’t stay public for long.  That blog has since gone private and is now unavailable without an invitation.

Privacy is a major concern, not just for Mayfield, but for virtually all of these “concerned citizens” online.  Almost nobody is willing to divulge their real names.  In fact, very little about who backs and runs these groups has been disclosed.

Jack Mazzola claims to be a member of Concerned Citizens of Opelika and has become a de facto spokesman in the local press.  He claims he is “30 years old and have been a resident of Opelika for almost two years.” During that time, he evidently forgot to update his active Facebook page, which lists his current city of residence as Atlanta, Georgia.  Suspicious readers of the local newspaper did some research of their own and claim Mr. Mazzola has no history of real estate or motor vehicle taxes paid to Lee County, which includes Opelika.

The Smart Grid ‘Death Panels-Fear Factor’

Mayfield’s website spends most of its time scaring residents about the implications of municipal fiber as it relates to their electric bills, also ranting about the Kyoto Protocol, carbon footprints, government control of appliances, and socialism generally.  While appealing to anti-government and climate change skeptics, average residents pondering the mayor conspiring to turn off their air conditioners from his office might be a bit too over-the-top, so wild claims about spending increases and municipal broadband failures are included as well.

Most of the arguments made by “The Opelika Smart Grid” website and Concerned Citizens of Opelika obfuscate the larger and more important discussion about municipal broadband.  They have gained plenty of media attention with their claims and accusations, generating considerable controversy that has little to do with the actual proposal.  For cable and phone companies that oppose the project, that represents a gift that keeps on giving.  When city officials and proponents of the project are forced to spend time and energy debating and debunking some of the wilder claims, that’s time lost selling the project and successfully explaining it to constituents.  For many voters, demagoguery breeds doubt and delivers “no” votes.

Ultimately, for most Opelika residents, the real debate is over competition to area cable and phone companies, not whether Big Brother is going to tell you when you can use your hair dryer.

The Very Wrong Arguments Against Municipal Fiber

Mayfield’s website attempts to indict municipal fiber projects with a mix of incomplete storytelling, selective editing, and questionable sourcing.  The larger argument from the group is that municipal fiber projects always fail leaving taxpayers holding the bag.  But the examples provided tell a different story, ranging from ‘comparing apples and oranges,’ condemning systems facing the same financial challenges private providers are coping with during The Great Recession, or even attacking the viability of systems not even operating yet.

Some examples they mention and the part of the story they don’t:

• The systems in Provo and Memphis didn’t serve a single residential customer.  They were commercial service providers only serving business customers;
• The Burlington system got caught up in the banking crisis and is trying to restructure and refinance its operations;
• The attack on the Bristol municipal fiber system comes from The Heartland Institute, a classic political astroturf operation and an outdated 2007 piece from a political blog.
• The system in Davidson has been written about here before — it is not even municipal fiber.  It’s a formerly bankrupt Adelphia cable operation that required substantial rebuilding — spending the same sums Time Warner Cable and Comcast would have spent had they bought it.  The investment now has a chance to pay dividends… for residents, not Time Warner Cable, going forward.

The website even attacks a municipal fiber system in Salisbury, North Carolina that has yet to begin service.  Calling the project a failure is just a bit premature.  The “Smart Grid” folks were hard pressed to find credible sourcing for their attack on Fibrant, but finally settled for some fact-starved nonsense generated from, of all places, the John Locke Society.  What’s next — Atlas Unplugged: Ayn Rand’s Treatise on Synchronous Broadband?  The group attempted to downplay the connection to the John Locke folks by linking to a content aggregator– Scribd, instead.  Now that we’ve mentioned it, they could have credited us as well.

If you are suspicious about the viability of municipal fiber, simply ask yourself if they are such failures, why do phone and cable companies spend millions to lobby against them?  Why the blizzard of scare mailers, robocalls, astroturf opposition groups, and lawsuits — all to stop what many opponents continually claim are competitive and operational failures?

The answer is, most municipal projects, like co-ops and community owned utilities, are more than viable.  Ask the residents of Wilson, North Carolina who are enjoying the benefits of municipal broadband and cable service even if they don’t become customers.  Time Warner Cable didn’t raise rates on the residents of Wilson this year — the only place in the state not to face relentless rate hikes, all because of that community’s municipal provider keeping their competitors honest.  Those who do become customers enjoy far faster and more reliable broadband service than either the cable or phone company provides in the region.

Chattanooga, Tennessee is a lot closer to Opelika than Provo is, yet somehow “The Opelika Smart Grid” website missed the success story of EPB, a municipal provider delivering the fastest broadband service in the southern United States.  Folks in Lafayette, Louisiana have lots of nice things to say about their municipal provider — LUS Fiber, as well.

Who is Paying for All This?

One important clue that astroturf is being rolled over the municipal fiber debate is the lack of public disclosure about who is financing the muni-broadband haters.

Residents vaguely know the state’s cable companies are bankrolling some of the opposition in the media, taking out full page ads attacking the proposal in the local media “paid for by the ACTA.”  It’s up to readers to discern “ACTA” stands for the Alabama Cable Telecommunications Association, the cable industry’s lobbying group in the state.  Full disclosure that isn’t.

As far as “Opelika’s Smart Grid” website and the “Concerned Citizens” group, funding sources are more murky, if only because they go out of their way not to be specific.

Stop the Cap! posted a comment asking some questions about the website’s funding sources and backers as well as questioning some of their information.  Those questions have not been made public, much less answered, despite subsequent comments written after our own submission.  What are they hiding?

Another matter of concern come from the fact these “grassroots” groups have the ability to finance expensive radio ads.  They claim they are paid for by “concerned local citizens.”  That could easily include Charter Cable, the local phone company, or their representatives.  We don’t know because the owners of the website won’t say who those people are.  In a tight economy, would you be handing over hundreds, if not thousands of your hard-earned dollars to fight for Charter Cable and AT&T by paying for radio ads?  The cable and phone companies and their lobbyist friends sure would.

With no disclosure of real names, no direct statement that there is no industry money or involvement in these opposition websites, and way-too-convenient shared sourcing of “facts” with earlier industry “dollar-a-holler” movements, it would be a major mistake to simply give these “groups” or their arguments the benefit of the doubt.

As we’ve repeatedly uncovered in our own reporting, consumers do that at the peril of their wallets, learning only later they were suckered into opposing competition that could deliver significant savings and better service.

What a great way to introduce U-verse to Chattanooga — headline news that an AT&T technician pepper-sprayed three dogs owned by a Chattanooga woman with a repellent known to be stronger than police pepper spray.

The nightmare for Janelle Lawrence began last week when an AT&T technician came on her property unannounced and began working in her fenced-in yard.

Janelle greeted the technician and asked him if her dogs, who were sharing her yard with the AT&T employee bothered him.

“He said not anymore.  I pepper sprayed them,” Janelle told WRCB, a Chattanooga television station.

She also noticed her dogs reeling in pain.

“My pug had pepper spray all over her body and was having trouble breathing and it got all over my arms and I started burning,” Lawrence says.

Lawrence says the technician was rude to her and refused to show her I.D. or a work order.

She recorded his truck number off the back of his work truck and called the main office demanding to know why he was there when she doesn’t subscribe to any of the company’s services.

AT&T told WRCB they didn’t need Janelle’s permission to enter her property or spray her pets.

AT&T issued a statement to the station:

“An AT&T technician has been working on this street all week for this week’s U-verse launch in Chattanooga. This AT&T technician needed access to the easement area on this fenced-in property, which is in a public right of way.”

Janelle remains deeply upset at AT&T and the employee, who appears not to be suffering any ill-effects to his job from the incident.

“You can do something to me and I’ll take it all day, but if you touch my little angels,” Lawrence says that’s where she draws the line.

The pepper spray incident took a considerable amount of shine off AT&T’s U-verse launch event, particularly for potential customers who are also pet owners like Stop the Cap! reader Sam who pointed this incident out to us.

“The same quick-drawing AT&T technician that attacked this poor woman’s pets could be aiming for yours or mine next,” he writes. “As long as this guy is still employed by AT&T, I wouldn’t have U-verse in my house even if they gave it to me for free.”

As far as Sam as concerned, AT&T pepper sprays their customers with high bills and bad service on a daily basis anyway.

“These guys have no shame buying their way into Tennessee with another one of those statewide deregulation bills that brought lots of campaign cash for supporters and very little for consumers,” Sam writes. “I signed up for EPB Fiber service, which is owned by the city, costs me less than either the cable or phone company, and delivers real fiber optic service right to my house.”

Sam also notes the guy who installed it loved his two dogs and cat.

[flv]http://www.phillipdampier.com/video/WRCB Chattanooga Chatt woman ATT pepper sprayed my dogs 7-27-10.flv[/flv]

WRCB-TV was the only station in Chattanooga to spend more than a few seconds on U-verse’s introduction in the city this week, but it wasn’t the kind of PR AT&T was exactly hoping for.  [Warning-Content may upset sensitive viewers.]  (2 minutes)

All this during an underwhelming launch week for AT&T’s U-verse in the River City, which garnered almost no attention in the local broadcast media, except for the pepper spraying incident.  The local newspaper put the story in its Business section.

Chattanooga residents now enjoy a fifth choice for several traditional services offered by cable or satellite:

• Comcast — incumbent cable operator
• EPB — municipally owned power utility and fiber-to-the-home provider
• AT&T — U-verse brings better speeds and service than traditional DSL from the phone company
• DirecTV — Satellite TV
• DISH — Satellite TV

The biggest savings residents will find from Comcast and AT&T comes when bouncing back and forth between new customer promotions.  Or you can just stick with EPB, which seems to offer the same prices for new and old customers.  For broadband customers, EPB delivers (by far) the fastest Internet speeds — up to 100Mbps upstream and downstream.  Comcast comes in at second place, and AT&T U-verse tops out at around 24Mbps if you are lucky.

Once promotional pricing from Comcast and AT&T expire, savings are highly elusive.  Price comparisons are extremely difficult because of channel line-ups, bundled equipment, and different Internet speed tiers and phone calling plans.  Making the best choice means sitting down and exploring channel lineups, HD channel tiers, how much broadband speed you require, and what kind of phone service you want, if any.

Most of the triple-play bundled promotions including standard cable, Internet and phone service will run between $119-139 a month before taxes, fees, and equipment costs.  If you sign a contract, Comcast will throw in a free iPod Touch.  Providers will keep your package price-increase-free for the length of any contract you sign.  That could be important, because AT&T and Comcast have been increasing their rates at least annually.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/ATT U-verse Launch Event Chattanooga.flv[/flv]

Raw video from the Chattanooga Times Free Press captured the launch party for AT&T U-verse in the city.  (34 seconds)

McCormick - An AT&T Friend for Life

While AT&T was patting itself on the back for its wonderfulness, AT&T took special care to extend personal credit to Rep. Gerald McCormick (R-Hamilton County) for shepherding the Competitive Cable and Video Services Act of 2008 through the Tennessee General Assembly.  It helped deregulate the telecommunications industry in Tennessee and de-fang oversight agencies tasked with protecting consumer interests.  The result has been a myriad of customer service nightmares for Tennessee residents, particularly for those who are with AT&T and have faced repeatedly inaccurate bills and terrible customer service.

McCormick was right there in the press release to help celebrate the achievement:

“As Tennessee policymakers, our goal was to increase investment throughout the state and give consumers more choices and innovative new services, and I’m honored to help AT&T celebrate this launch,” Rep. McCormick said.

AT&T invested $180,000 in Tennessee lawmakers like McCormick to do the right thing by AT&T and pass the bill.  The Chattanooga Times Free Press delivered a breakdown in April 2009 summing up the spending as AT&T pushed forward its bill:

State Election Registry records show AT&T’s PAC gave almost $180,000 to candidates, usually incumbents, as well as PACs operated by legislative leaders and caucuses and parties in the two-year 2008 campaign cycle.

The PAC, funded by top executives, gave $2,000 to Lt. Gov. Ron Ramsey, R-Blountville, the Senate speaker, records show. The PAC gave another $8,000 to Mr. Ramsey’s leadership PAC, known as RAAMPAC, according to records.

The AT&T PAC contributed $5,000 to then-House Speaker Jimmy Naifeh, D-Covington, and another $4,000 went to Mr. Naifeh’s leadership PAC, the Speaker’s Fund, records show.

Rep. Gerald McCormick, R-Chattanooga, who is sponsoring the AT&T-backed deregulation bill, reported receiving $1,250 from AT&T’s PAC in 2007, records show.

“I don’t know how much money I’ve gotten from them,” Rep. McCormick said Tuesday. It is “up to each individual legislator whether they let that kind of thing influence them. I would hope that nobody would. I certainly don’t. I don’t need the campaign money that bad, to be honest with you.”

Janelle Lawrence and her beloved pets enjoyed none of this AT&T largesse — just the literal sting of the results.

Google today launched a new website which could become a major advocacy center to promote fiber broadband service across America.

Google Fiber for Communities opened with a thank you message for the enormous number of submissions it received for its experimental 1Gbps fiber broadband network.  Google expects to announce the winning application(s) for its experimental  network sometime this year.

But in the meantime, Google also acknowledges what big telecom companies keep trying to downplay and dismiss — “people across the country are hungry for better and faster broadband access.”  That is… better and faster service than their current provider is willing to supply.

The new website provides hints as to its greater purpose:

1. The name itself.  Notice “communities” is plural.
2. The site intends to mobilize for fiber networks across the country, starting with lobbying for pending federal legislation that would require installation of fiber conduit as part of federal transportation projects.
3. The site’s links heavily promotes municipal broadband advocates and organizations, including the National Association of Counties, the National Association of Telecommunications Officers and Advisors, the Fiber to the Home Council, the Baller Herbst Community Broadband Page, the Broadband Properties Municipal Fiber Portal, and Muni Networks.  Outside of the Fiber to the Home Council, which has some big telecom company members and isn’t above advocating for their interests, the rest of the list suggests Google advocates that communities do for themselves what their local phone and cable companies won’t do — deliver world class broadband service at non-duopoly prices.

Stop the Cap! shares many of these goals with Google, as we are strong advocates for community fiber-based broadband, and believe additional competition is highly needed in America’s broadband marketplace to break up an anti-consumer duopoly that delivers slow broadband service (or none at all) at the highest prices companies can get away with.  Thanks to Stop the Cap! reader Jerry here in Rochester for sending word.

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