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Burlington Telecom ‘Not Financially Viable,’ Panel Urges Partially-Privatizing Municipally-Owned Fiber Service Provider

Burlington Telecom (BT), the city owned-and-operated fiber-based cable, broadband, and telephone provider is mired in debt and is not financially viable in its current form.

Those are the findings of a “blue ribbon” committee tasked with answering questions about the future of the financially-troubled municipally-owned provider serving 4,600 Burlington customers in Vermont.

In an 11-page public report, the committee recommended the city partner with a commercial entity that would assume a majority interest in BT.  As a minority stakeholder, the city could eventually recoup the 17 million dollar investment it has made in the company.

Although some residents have lobbied the city to abandon the 100 percent fiber network to stem ongoing losses, the committee advised against it.

“The city has a considerable asset in BT, and should not give this asset away at a fire sale price,” notes one independent consultant working with the committee. “BT is too important to be jettisoned, in part because it keeps the competition honest.”

Burlington Telecom building and staff

But carrying forward as-is is not a good idea either, the report concludes.

“BT is not viable in relationship to its current debt load of $51 million and its ability to generate earnings to repay this debt. BT cannot meet its principal and interest obligations at this time,” the committee concluded, noting that the company’s current business plan can’t meet future financial challenges either.

As if to underscore that notion, BT this month asked the city of Burlington for a $386,000 loan from to make an interest payment to CitiLeasing by Wednesday, to prevent the company from technically defaulting on its $32 million municipal lease purchase.  On Friday, a judge issued a restraining order forbidding such a loan unless the Vermont Public Service Board agrees.

The committee noted that the reasons for BT’s financial problems weren’t rooted in its “first-class” fiber optic network, or its usefulness to the city.

In summary, the committee and its consultants blamed the problems on these factors:

  • HBC found BT overpaid for its fiber network, spending $1,000 per home passed, when fiber build-out prices have dropped in the past few years.

  • BT is spending too much money on customer installations.  HBC reports BT could save more than $600 off the $1,600 the company pays to hook up each customer.

  • The company uses the same door-to-door marketing company Comcast uses to get new customers.  Additionally, BT contracts with a third party service company to handle installations and service calls.  This work should be done in-house, HBC recommends, as paying a company based on how many installations are performed provides a built-in incentive to cut corners and quality.

  • BT’s broadband products are too slow for a compete, handing incumbent cable provider Comcast an unnecessary competitive advantage.  Fiber can blow cable modem service out of the water when competing on speeds, but BT foolishly charges too much money for too slow service topping out at just 8Mbps/8Mbps, for a whopping $71.80 a month.  BT calls that “the ultimate Internet experience.”  It’s not.  HBC predicts broadband will become BT’s most important service, so it is critical for the company to make the product more attractive to customers.

  • BT is mired in politics that has nothing to do with its service to the community, and it creates unnecessary distractions that commercial providers do not have.  Some who oppose the municipal fiber project or the current city council use BT as a political football.

  • Because it is a public entity, too much financial and strategic business information is open to public review, which includes BT’s competitors.  That gives Comcast and FairPoint advance notice of BT plans, pricing, and growth strategies.  Restructuring as a semi-private entity under local government oversight would help guarantee competitive business information stays out of the hands of the competition.

  • BT lacks an effective marketing strategy to convince residents and businesses to change providers.  Without a compelling lineup of services, and a marketing effort to sell them, customers will be reluctant to go through a disruptive switch to BT service.  The provider’s bundled service packages are often compelling (a triple play with basic television and phone service only costs $89 a month, less than $20 more than standalone broadband service), but they often lack the services, speed, and channels consumers want.

  • The company does not pay enough attention to customer service strategies.  Customers complain BT does not accept cash payments from walk-up customers, who are told to return with a money order.  From a confusing automated attendant that answers customer calls to inconvenient hours and appointment scheduling, BT needs to hire marketing experts to help restructure how it serves potential and subscribing customers.

Burlington Telecom's fiber broadband speeds are the same uploading and downloading, but there is plenty of room for improvement in speeds at a lower price

  • BT utilizes a 200-megabit backbone at a cost of $6,000 a month and a 350-megabit backbone at a monthly cost of $16,331. It is HBCs belief that backbone costs can be reduced considerably, as much as $6,000 per month should be saved through re-negotiation. Costs should be in the neighborhood of $25 to $30 per megabit, as compared to the $40 per megabit of speed now being paid by BT. HBC buys twice as much bandwidth per month than BT and pays only $7,000 more for the additional capacity.
  • Finally, the company leaves a lot of potential earnings on the table.  It doesn’t provide local-ad insertions on cable channels and doesn’t leverage its excess broadband capacity with businesses by selling them web hosting, co-location, and speed critical services.  It doesn’t provide value-added services that cable companies now offer, such as caller ID on TV.

The Burlington mayor, Bob Kiss, expressed skepticism at some of the conclusions in the committee’s findings.

Kiss believes refinancing BT’s debt would give the telecom company more time to implement better marketing and service improvements, which could attract new customers and revenue.

For Burlington business leaders, the entire affair is an embarrassment.  Many believe significant harm will come from a city gaining a reputation for defaulting on its obligations.

The conclusion many have reached is that Burlington Telecom was naively planned, without sufficient regard to realistic projections of expenses and revenues, and lacks expertise to effectively compete with other local providers.  Building an advanced fiber network for your community is only as good as the services offered at a price that makes sense.  Alienate customers with ineffective marketing or out of touch product packaging, and your future will be in doubt.

[flv width=”368″ height=”228″]http://www.phillipdampier.com/video/WCAX Burlington Telecom Saga 12-15 02-01 02-05 02-11-2010.flv[/flv]

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p style=”text-align: center;”>WCAX-TV in Burlington has followed the BT saga for months.  This video includes five reports covering the company’s future viability (13 minutes)

  1. Burlington Telecom Saga Continues (12-15-2009)
  2. Burlington Telecom Forces Changes In Burlington City Government (02-01-2010)
  3. Burlington Telecom Not Financially Viable (02-05-2010)
  4. Burlington Council Gets Blue Ribbon Committee Report (02-11-2010)
  5. Burlington Telecom’s Fate Under Discussion (02-11-2010)

[flv]http://www.phillipdampier.com/video/WFFF Burlington Burlington Telecom’s Future Unclear 02-11-2010.flv[/flv]

WFFF-TV in Burlington reports the telecom company’s future is unclear. (1 minute)

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/WPTZ Plattsburgh Burlington Telecom Not Viable.flv[/flv]

WPTZ in Plattsburgh covered the contention over an upcoming interest payment BT needs to pay by Wednesday.  (3 minutes)

Read our complete coverage on Burlington Telecom.

Mixed Nuts: Glenn Beck Ties His Boss to ‘Marxist Front Group’ That Isn’t & RedState Strikes Out (Again) on Net Neutrality

glennMaster conspiracy theorist Glenn Beck should have written the last episode of The X Files.  To think I waited nine seasons to find what truth was out there only to have screenwriter Chris Carter rip me off with a chain smoker sitting in a Native American pueblo hearing the date when “they” arrive to begin colonization.  Imagine what Glenn Beck could have conjured up given the same nine years.

The problem with wildly-spun conspiracy theories is that you usually end up tangled in one, and Beck proved when he managed to tie his boss, Rupert Murdoch, into both a ‘Maoist -and- Marxist plot.’

To Beck, Net Neutrality and its supporters come straight out of Marxism. Beck warns “if you sit down and work with these people (Net Neutrality proponent Free Press), you might as well just go out and purchase your own blindfold and cigarette for the firing squad, because I don’t see the difference here.”

Beck slammed a Federal Trade Commission workshop he tied to Free Press, a pro-consumer advocacy group Beck considers Maoist (I didn’t realize they had the power to run government agency workshops — oh wait, they don’t), accusing the whole affair of being a conspiracy to silence free speech.

But here comes the “oops.”  It turns out this very same workshop which ran Tuesday, “From Town Criers to Bloggers: How Will Journalism Survive the Internet Age,” had among its participants none other than News Corporation CEO Rupert Murdoch, who was one of the featured speakers.

Just a few weeks earlier, Beck’s attempt to slam Fox News enemy MSNBC (and its owner NBC) brought a broad indictment against too-similar-sounding messages promoting volunteerism from President Obama and the Entertainment Industry Foundation (EIF), which Beck likened to “living in Mao’s China right now,” noting NBC executive Mitch Metcalf is an “EIF board member.”

How inconvenient for Glenn that Murdoch sits on EIF’s honorary board of governors, and Fox Broadcasting is a participant in the group’s initiatives.

Meanwhile, over on RedState, the blog that bans you for fact-checking their nonsense, writer Neil Stevens just discovered the Obama Administration is working on a National Broadband Plan.  That is like missing a train… that left the platform January 20th, 2009:

I’ve been held underwater by work lately and am just now catching up with this thing called “posting,” so forgive me if this post is light on links and details, but I want to give you all a heads up on what’s coming down the pipe in the Obama/Google administration. The big project after Net Neutrality is supposed to be a National Broadband Plan.

In theory, the idea of a National Broadband Plan is to give faster Internet access to more people. You see, people frequently think America “lags behind” the rest of the world because certain statistics show America to have worse Internet access than other countries. The problem with those statistics is that they don’t account for population density. A country like Japan, South Korea, or the Netherlands has a much denser, more urbanized population, and so it’s easier to run the wires you need to give them all Internet access.

But all a progressive needs is a good crisis, and they’re calling this a crisis. However, one of the proposed fixes is to give third party ISPs access to wires already laid by ISPs to provide service. Do we see how increased access to wires that already exist with service provided, doesn’t give access to people who don’t have access already?

The real motive of Julius Genachowski, Barack Obama, Google, and the rest of the adminstration’s Internet crusaders is to help freeloaders, which is why the Songwriters Guild of America is against Net Neutrality. Anyone who creates things of value on the Internet has something to lose from the Obama plans. Everyone can see this. The terrible problems with the Genachowski/Obama/Google plans are not theoretical.

BroadbandWe also forgive Neil for being light on the facts.  It’s not “people” that think America lags behind the rest of the world in Internet access… it’s research that proves it.  Stevens must already be convinced of this, as he debates his own argument, adopting the industry position that tries to explain it all away by comparing population densities between the United States and the Asian nations beating our pants off.  Yes, it is easier to run fiber optics in condominium and apartment-dense areas like Hong Kong.  But the Republic of Korea and Japan have significant non-urban areas as well.

That also doesn’t explain away why Finland, Sweden, and France dramatically outpace us as well.

What all of these countries have in common is a nationally-coordinated public policy that advocates and promotes broadband deployment.  The United States left it up to private providers, who promptly set up a cozy duopoly in most communities and works overtime to keep competition out of their markets.  In many states, they’ve even engineered legislation to ban public broadband initiatives to provide the service they won’t.  The result is an America filled with Internet access “have’s” and “have-not’s” usually defined by income, provider, or location.  This isn’t an issue if you’re lucky enough to have access to FiOS, but is a major problem if your only broadband option is satellite fraudband.

The “open access” provision Stevens is alarmed about is nothing new.

Telephone companies have provided line access to third party DSL providers for at least a decade, and Time Warner Cable allows Earthlink to sell its service over their cable lines as part of an agreement originally dating back to the AOL-Time Warner merger.  You’re excused if you never knew about either arrangement because most consumers don’t.  The fact is, most providers don’t advertise their competition, and when they do, it’s usually because they offer a less worthwhile pricing and speed plan… or in the case of wireless data, a lousy 3G coverage map.

An even better idea for open access is to construct a modern fiber-based network to reach every American and lease it to any provider that wants to reach customers on it.

Providing access to those without broadband service doesn’t come from open access proposals.  Stevens doesn’t realize the second component is Universal Service Fund reform.  The USF, a small fee on phone bills to help underwrite the costs of providing phone service in rural America, has evolved into an often-abused slush fund.  Reforming it to redirect resources into constructing real broadband networks for rural America that can do more than just provide phone lines would help solve the access problem Stevens brings up.

Although the fan club at RedState might represent the “everyone” Stevens claims can see the ‘truth’ about Net Neutrality, they’re not living in an “open access” community themselves.  Just disagree with them and your access magically disappears.

I could write pages and pages about how the American recording industry killed itself through corporate greed, merger-mania, and treating their customer-base like criminals, but Steve Knopper did a much better job in his book Appetite for Self-Destruction, and you can listen to him interviewed at length about the subject courtesy of National Public Radio’s Fresh Air program.

Let me digress for a paragraph.  Independent recording artists who’ve dealt with record labels tell a very different story than the Songwriter’s Guild — their bigger problem is getting paid fairly by the record companies themselves.  Considering the recording industry has been complaining about people stealing their stuff since the days of cassette tape, arguing Net Neutrality represents ‘a pirate’s dream come true’ only exposes the true agenda of some to throttle certain broadband services not to “unclog networks” but to act as a de facto copyright control measure.  That reminds me.  I haven’t thanked Sony enough for foisting the infamous Sony BMG CD copy protection rootkit on us back in 2005.  I’m sure plenty of virus and malware authors who followed their lead probably have.

RedState struck again on Wednesday with another under-informed piece by Neil blasting away at Net Neutrality proponent Google, which is a favorite target of those who oppose Net Neutrality.

Firstly we have the principle of neutrality itself. If Google has its way, carriers like AT&T, Comcast, Verizon, Time Warner, and the rest will not have a say at all in what its users find through their Internet connections. They will not be allowed to set network policies that favor some websites or services over others, no matter how detrimental to the company’s ability to service all its customers.

However, we can see in the case of Studio Briefing that Google is anything but neutral. Studio Briefing has been shut out of all of Google’s services, and has been forcibly removed even from the search, so searching for Studio Briefing would never turn up the company’s webpage. Rather than letting algorithms pick and choose what sites come up, as Google usually claims, somebody human took a step by removing a particular company’s site from the system and sending an email notifying the company of the situation. Imagine Google’s hysterical shrieking had AT&T wiped a Google site off of the map for all users of its services.

Firstly, Neil is unclear about what he is talking about when he suggests providers won’t have a say in what users find through their Internet connections.  Is he upset they might not be able to police criticism of those companies, slow down their competitors, or block blogs?  I’m waiting to hear a justification of how not being able to discriminate against websites will be detrimental to the company’s abilities to “serve its customers.”

As to Neil’s ‘Studio Briefing’ complaint, whether this represents an insidious plot by Google to censor a news aggregation site or dropping a pest site that depends on swiping other people’s content and monetizing it with Google ads is up to the reader to decide.  The folks at Studio Briefing seem more concerned their AdSense account, which lets them earn advertising revenue, was shut off.  The view from the other side can be read here.  Of course, when I tried to Google “Studio Briefing” myself, I had no trouble finding my way there.  That’s hardly being “shut out” and removed from their search engine, because I used that search engine and found my way to the site with just a few mouse clicks.  Even Stevens’ Google attack is linked… by Google.

Burlington Telecom Needs to Create New Innovative Services Comcast Doesn’t Provide, Telecom Consultant Says

Steven Shepard, president of Shepard Communications Group

Steven Shepard, president of Shepard Communications Group

Burlington Telecom, the municipally owned fiber to the home cable and broadband provider still reeling from a late fall financial scandal, must think outside of the box if it is to survive and grow its business in Vermont’s largest city.  That’s the assessment of Steven Shepard, president of Shepard Communications Group, a consulting firm based in Williston.

It comes as both city and state officials continue an investigation into a $17 million loan from city coffers to cushion the provider from substantial losses incurred over the past three years of operations.

Burlington Telecom has been criticized for underestimating the costs of wiring Burlington with fiber optics, something Shepard doesn’t think is unusual.

“I haven’t found one yet that has come it at budget, or even under budget,” Shepard told WCAX-TV news.

Burlington Telecom director, Chris Burns, says the company needed the additional money to cover capital expenses as it works to build its all-fiber network in every part of the city. He says the initial investment of $33 million dollars was not enough. “Some of the early estimates weren’t based on firm engineering quotes,” says Burns. “They were rough order magnitude estimates.”

Chris Burns, Burlington Telecom

Chris Burns, Burlington Telecom

Burns feels Burlington Telecom needs to expand its service area to bring in additional customers to help keep the provider up and running.  Some customers recognize Burlington Telecom is a unique, municipally-owned asset that can potentially provide services that Comcast, the dominant cable provider in the area, cannot.  Comcast operates a traditional hybrid fiber-coaxial cable network with more limited bandwidth than Burlington Telecom’s direct fiber optic connection to the home can provide.

But Shepard believes most consumers don’t know or care how service reaches them, and believes fiber optic networks alone do not bring instant success to providers.

Unless Burlington Telecom creates services that would be difficult for Comcast to deliver, they are just another telecommunications company, Shepard believes.

One suggestion from Shepard: an automatic file backup service.  Fiber optics can provide upstream speeds equivalent to downstream speeds, something Comcast cannot easily deliver.  Such a service would automatically send a copy of every file to a secured, encrypted off-site backup system.  If a customer needed the file restored, or an entire hard drive, Burlington Telecom could transmit the files on request.  Assuming privacy is protected, such a service would give consumers a potential reason to switch providers.

For broadband customers, providing upstream and downstream speeds faster and cheaper than Comcast will go a long way towards motivating consumers to switch.

[flv width=”368″ height=”228″]http://www.phillipdampier.com/video/WCAX Burlington Can Burlington Telecom Survive 11-05-2009.flv[/flv]

WCAX-TV Burlington interviews Steven Shepard about the ongoing viability of Burlington Telecom. (November 5, 2009 – 4 minutes)

For some Burlington Telecom customers, improving customer service is an important first step, as WCAX found:

“A few weeks ago, the whole BT was down for half hour, phone and cable. And probably internet but I don’t have that,” says Beth Cane, who lives in the city’s south end. Cane says getting through to customer service is “like trying to get into Fort Knox.”

She is not the only one complaining. Rob Lyman says he is “not happy” with Burlington Telecom’s service. “I watched a trailer for an on-Demand movie and the whole system froze up and required a reboot of BT’s box. When I called the help desk they said they’ve known about this problem for six months and didn’t know when it would be fixed,” he says.

burlington losses - from WCAXIn mid-November, a possible solution to the funding issues came from Piper Jaffray, a Minneapolis-based investment firm.  The company offered Burlington Telecom a $61.6 million dollar refinancing package that would help keep the company viable and return taxpayer funds caught up in the controversy to the city.

The proposal was met with political wrangling from the Burlington city council, which spent the last month and a half doing damage control.

“Once TelecomGate went radioactive in October, it was everyone for themselves on the city council as the finger pointing started,” Stop the Cap! reader Dwayne writes from Burlington. “The progressives are blaming the former Bush Administration’s economic catastrophe for wrecking the credit and financing markets BT needed to access, the Democrats are trying to play the role of moderates, and the Republicans are questioning why the city should compete with Comcast in the first place.  Demagoguery is universal,” he shares.

The rhetoric has grown so heated, it has stalled the city council’s approval of the loan package, to the disappointment of Mayor Bob Kiss.

[flv width=”368″ height=”228″]http://www.phillipdampier.com/video/WCAX Burlington Burlington Telecom Gets New Backing 11-13-2009.flv[/flv]

WCAX reports Burlington Telecom has the potential to secure new funding to refinance operations.  (November 13, 2009 – 3 minutes)

The Burlington Free Press has documented some of the language now a part of the debate:

“I do not believe that keeping Burlington Telecom alive during the absolute failure of our capitalist system was the wrong thing for any of us to do. We can’t afford to sit around. We have an interest payment (for BT’s current $33.5 million outside debt) that is due in February.” — Marrisa Caldwell, P-Ward 3, a Progressive Party member characterized as a fierce supporter of Burlington Telecom, is upset the city council delayed the approval of the loan package.

“The same forces that want to preserve the private insurance monopoly in health care by opposing the “public option” are now out to preserve the private corporate monopoly in Vermont telecommunications. The [Governor Jim Douglas (R)] administration is hell-bent on putting Burlington Telecom — which provides public sector competition to for-profit corporations such as Comcast and FairPoint — out of business, no matter what the consequences.” — John Franco, Vermont Progressive Party

“[Vermont Public Service Commissioner David O’Brien] is a political hack appointed by Douglas. They only want private-sector telecom in the state. He is out to get rid of the competition for the private companies. That’s very clear.” — Marrisa Caldwell

“I’m not going to engage in this kind of dialogue. It serves no purpose. We’re going to proceed with the investigation and work to resolve this situation.” — Deputy Public Service Commissioner Steve Wark, asked to comment on Caldwell’s remarks.

Caldwell also charged that the Free Press coverage of the BT issues has been influenced by advertising revenue from cable provider Comcast. She called the council’s vote to delay action on the new BT loan “disingenuous at best. It’s completely dysfunctional government,” she said. “They just tied the administration’s hands and hamstrung BT.”

“[On the city council’s lack of resolve and action] it’s erroneous and not well-founded. I never heard anyone say why they wouldn’t move forward (on the BT loan). It wasn’t leadership and (was) a lack of ability to collectively try to solve the problem.” Sharon Bushor, I-Ward 1, who generally supports Burlington Telecom.

“It seems only rational to do our homework on this (loan). I don’t think one of us is saying it isn’t feasible. All we’re saying is slow down and learn more.”  Councilman Paul Decelles, a Republican, called Caldwell’s remarks “destructive. I would challenge her to find one councilor who has thrown out the word ‘partisan,'” he said. “That word is coming from the administration and from the three Progressive councilors. We’re trying to do what is best for Burlington. This is the residents’ telecom. If acting in a slow, methodical way is unacceptable to some, so be it. It’s irresponsible of them to expect us to rubber-stamp this.” — Paul Decelles, R-Ward 7

“I am shocked and shocked again every time someone raises the partisan flag. This could have been a Republican or a Democratic blunder. The Progressives have been in office a long time. That’s just a fact. When we disagree, apparently, we’re being partisan, (but) it’s not personal, and it’s just not partisan.” — Nancy Kaplan, D-Ward 4

“No one is interested in destroying BT and the administration. Jonathan Leopold said Monday that (the council’s position on BT) was an attempt to destroy the administration. From my own perspective, that’s not the case at all. The first order is to take care of BT, but there have been missteps by the administration.” Mary Kehoe (D-Ward 6) said she has concerns about the loan proposal from Piper Jaffray, particularly the language that indicates the loan repayment will come from Burlington Telecom revenues in the form of city budget appropriations.  “If (BT is) short, what then?  How do we know BT is going to have the capacity?”  She said she voted to delay a decision on the loan, “because we want information. We’ve not been getting the information, and they want us to sign off. That’s not going to happen anymore.” — Mary Kehoe, D-Ward 6

“This is ridiculous. Burlington is starting to look more and more like Washington, with the level of partisan wrangling reaching an intensity that I’ve never seen before in my 15 years of living in Vermont.” — One resident commenting on the coverage and the back and forth.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WPTZ Plattsburgh Burlington Telecom Editorial Oct 28 2009.flv[/flv]

WPTZ in Plattsburgh, which is part of the Burlington television market, ran a station editorial on the Burlington Telecom matter on October 28th.  (1 minute)

Attention North Carolina: They’re Baaack… Telecom Special Interests Pushing HB1252 (Again) – In Committee on Monday!

welcomencLast spring, consumers across North Carolina banded together to oppose legislation custom-written by the telecommunications industry to keep municipal broadband networks from competing with cable and telephone companies.  Your efforts made a dramatic impact on state legislators and the bill was set aside.  One representative that helped push it has since resigned after being caught up in a campaign contribution scandal.  But we always knew the industry would be back.  The threat of competition, and a reduction in their fat profits, is too great to ignore.

HB1252 – The “Level Playing Field” bill, which is among the most ironically named pieces of state legislation around, will be in the North Carolina House Select Committee on High Speed Internet in Rural and Urban Areas on Monday morning at 10am.  For those of you who might want to attend, the meeting will be held in Room 415 of the Legislative Office Building at the General Assembly in Raleigh.

For those smart enough to recognize a telecom industry power play when they see one, a reality check for our state legislators is imperative.

I have been attempting to be added to the agenda to speak against HB1252 as a consumer.  So far, no call back.

I believe that I have a unique perspective on this issue, as I hail from Greensboro, one of the communities that experienced the attempt by Time Warner Cable to force classic Internet Overcharging schemes like metered billing and data caps on consumers in the Triad region.  These experiments came as a direct result of the large void many of us have in the area of competition.

HB1252 would make it next to impossible for municipalities to have their own city run broadband service to compete.  The city of Wilson made the dream a reality.  What costs a Time Warner Cable customer $180 to bundle cable, telephone, and Internet service together is on offer in Wilson from their municipal system for a mere $99.  That’s nearly half the price.

Wilson’s Greenlight system offers a direct fiber to the home connection to subscribers.  Wilson customers get speeds up to 100Mbps, ten times faster than cable or DSL.  What has Time Warner Cable done in Wilson to compete?  They reportedly cut their prices, particularly for consumers calling to cancel.

HB1252 will help protect Time Warner Cable and other providers in North Carolina from ever having to cut prices and take a profit hit.  By taking away your community’s right to provide service the cable and phone companies refuse to provide, at an affordable price, this piece of legislation assures you of paying more and having less choice.

If you cannot attend Monday’s session, you can still deliver a wakeup call to state legislators by reminding them you are paying close attention to this issue, and know exactly who is behind the push for HB1252.  Tell your representative Time Warner Cable and other telecommunications interests should not be ghost-writing legislation that favors them and protects their monopoly.  Ask your legislators to firmly oppose HB1252 and demand as much competition as the marketplace can stand, be it from phone, cable, wireless, or municipally run fiber to the home.

Here is the list of North Carolina representatives.  We won the first few rounds on behalf of North Carolina consumers.  Time to win one more!

Municipalities: If You Threaten to Build It Yourself, Your Faster Speeds Will Come

LUS Fiber - Lafayette, Louisiana's public utility municipal broadband provider, offers fast speeds with great rates

LUS Fiber - Lafayette, Louisiana's public utility municipal broadband provider, offers fast speeds with great rates

Frustrated communities across America, take note.

If your town or city government starts making serious noises about constructing your own, municipally-owned broadband network (especially one built with fiber optics to the home), existing providers who have repeatedly said “no” to requests for faster service at more reasonable prices have a track record of quickly turning around and saying, “yes — why didn’t you ask us before?”

Big existing telecommunications players loathe the thought of facing a new competitor in their midst.  They are accustomed to the usual arrangement of one cable operator and one phone company.  Cable companies provide cable modem service, phone companies mostly provide DSL.  In smaller cities, and where a competitor is missing (or provides a lower quality service), there is almost no drive to upgrade.  Cable will set speeds just above what the phone company is offering, and both will co-exist happily ever after.

For communities being bypassed by the fiber revolution now underway by Verizon, and to a lesser degree AT&T, requests from civic leaders, businesses, and consumers for upgraded service fall on deaf ears.  ‘What you have now is good enough for this market, so be quiet and be lucky we give you what you’ve got now.  Oh, and we’re raising rates, too.’

In Rochester, the one upstate New York city not on the “to-do” list of Verizon (which is merrily wiring urban and suburban communities across their service areas with fiber optic cable FiOS), Time Warner Cable sees little incentive to raise speeds or upgrade to DOCSIS 3 with a phone company competitor that has no apparent plans to move beyond traditional old school DSL service.  Where FiOS does threaten, Time Warner Cable is in a hurry to provide “wideband” broadband as quickly as possible.

In Wilson, North Carolina, years of pleading from local officials to provide something beyond anemic broadband in their community was met with yawns from Time Warner Cable and Embarq, the local phone company.  Wilson decided to build their own municipal fiber network, offering faster speeds at better pricing.  Time Warner and Embarq did what most existing competitors do — they moved through the Four Stages of Telecommunications Competition Grief:

1) Behind the Scenes Threats and Anger: Companies work the phones with local officials trying to browbeat them into dropping the plans to construct municipal broadband, try to gin up partisan opposition, issue overinflated cost estimates, issue warnings about the trouble they’ll cause local politicians who support such initiatives, and snow a blizzard of documents illustrating how wonderful and reasonable their existing service is;

2) Stall Tactics Through Negotiation: Once home office is notified, a series of negotiations to attempt to forestall the project begins, such as throwing crumbs for incrementally better service, offers to build showcase mini-projects that represent a “win” for local politicians, or “looks good on paper” concessions that end up amounting to far less.  Most of these discussions are designed simply to stall to allow the company to prepare for stage three.

3) PR and Legal Blitzkrieg: Assuming local officials haven’t been discouraged away from their idea, or dropped it after starring in a company-sponsored press event – ribbon cutting a small wi-fi or school connectivity project, the next stage is a multi-front battle involving company legal teams filing lawsuits to delay or kill projects, public relations and astroturf lobbying efforts to distort issues and build public opposition, legislative maneuverings to make such projects untenable through industry-friendly laws, and often vague promises about impending upgrades making the entire project unnecessary.

4) Acceptance, Competition, and Better Service: The final stage is the realization consumers don’t always get suckered by astroturf groups and company scare tactics.  They accept the project is moving forward, and send out the press release saying they welcome the competition and are announcing their own significant service upgrade because “customers asked for it.”  Price increases slow, speeds increase, and service improves, all because of the reality that an aggressive competitor is in their future.

Wilson city officials tried negotiations for better service, got nowhere, and had to fight back against a blizzard of nonsense from the telecommunications industry trying to legislate such projects out of existence with changes to state law.  Americans for Prosperity, an astroturf group, even hassled residents in other nearby communities with robocalls to try and stop similar projects.

The arrival of Wilson’s Greenlight service, which offers speeds far faster than Time Warner and Embarq ever did, at lower prices, was a shock to Time Warner’s call centers.  As customers canceled, representatives taking those calls were in denial residents were actually achieving the speeds Time Warner failed to deliver.

[flv]http://www.phillipdampier.com/video/Chattanooga Builds Fiber Network.flv[/flv]

Chattanooga’s public power utility fought back against telecommunication company propaganda to construct fiber to the home service across the city, which launched this year. (5 minutes)

In Monticello, Minnesota, local telephone company TDS had spent years refusing requests to improve service in the city.  Speed and access issues plagued the community, northwest of Minneapolis.  Local officials had enough and voted to construct their own fiber to the home municipal network.

Enter the four stages.  TDS started by telling city officials the company’s network was state of the art for Monticello, and couldn’t be immediately improved because there was insufficient return on investment.  Companies want to be assured they are paid back for investments they make, and because Monticello is a relatively small city, there were questions whether the costs for a fiber network would be paid back quickly enough through revenues.

When that didn’t work, the company sued the city as a stalling tactic.  Despite the fact Monticello won case after case, TDS kept filing.  A full assault by large telecommunications interests also began, trying to gin up public opposition.  While the project was approved by voters, and Monticello was tied up in court, TDS quickly moved to stage four and started rapidly building their own fiber network in Monticello, actually putting down fiber the city was prohibited to wire themselves as the lawsuits dragged through the courts.

The company told Ars Technica that despite its earlier refusals to provide fiber service, TDS didn’t act earlier because it didn’t actually know that people really, really wanted fiber; once the referendum was a success, the company moved quickly to give people what it now knew they wanted.

Then, in June, the company said with the advent of its own fiber network, the city of Monticello should back away from constructing theirs, because its economic viability report was partly premised on the fact TDS refused to provide that service.

To underline that, TDS’ new fiber network doubled customer speeds to 50Mbps, trying to keep customers from taking their business to  FiberNet Monticello.

[flv]http://www.phillipdampier.com/video/Vote Yes on Fiber.mp4[/flv]

Lafayette staged a multi-year battle with Cox and other providers to bring municipal fiber broadband to it’s corner of Louisiana.  This 30 second ad promoted a “yes” vote on the project.

In Louisiana, Cox Cable is facing accusations it’s engaged in predatory pricing to kill Lafayette Utility System’s fiber to the home network and EATel’s fiber network in Ascension Parish.  Cox Cable froze rates and moved in with DOCSIS 3 upgrades, delivering up to 50Mbps service.  Cox chose to upgrade Lafayette before any other Cox-served community.

The Lafayette Pro-Fiber Blog found this EATel billboard taunting Cox

The Lafayette Pro-Fiber Blog found this EATel billboard taunting Cox

EATel, an independent phone company that wired fiber across Ascension Parish, also faced down Cox.  When the cable company began promoting cut-rate pricing in Ascension, EATel took out advertising promoting Cox’s special prices — in other cities, much to Cox’s consternation.  EATel’s ads, much like those run by Novus against Shaw in British Columbia, tell Cox’s customers to call the company and ask for the lower price they are advertising elsewhere.

“Cox came in with an incredibly aggressive promotion for TV service with every bell and whistle you could imagine. We couldn’t figure out how they could even make money on it. So we took out an ad in the Lafayette newspaper that basically said, ‘Hey Lafayette, look at the great prices you are going to get from Cox.’ Cox was not amused,” Trae Russell, communications manager for EATel told Telephony Online.

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p style=”text-align: center;”>Joey Durel, Jr., president of Lafayette parish, testifies before the House Committee on Energy and Commerce on Lafayette’s municipal fiber network on February 27, 2008. (7 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

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p style=”text-align: center;”>

Lesson learned — just threatening to bring in a municipal competitor is often all it takes to turn a persistent “no” from the local cable and phone companies into “yes, Yes, YES!”

Of course, not every project is successful.  Some, such as Burlington Telecom Stop the Cap! reported on yesterday face political and cost challenges.  Others are killed through stage managed opposition and astroturf campaigns paid for by the telecommunications industry before they even get started.

In North St. Paul this year,  “PolarNet,” a planned fiber optic broadband network to stimulate the local economy was killed by an astroturf propaganda campaign undertaken by Qwest, Comcast, and other telecommunications companies that would have to deal with PolarNet as a competitor.  The telecommunications companies claimed it would result in higher local taxes and “more government” where it wasn’t needed.  Citizens defeated the proposal 67-33%.

Windom, Minnesota faced similar challenges and their fiber project was shot down in 1999, but with lessons learned, proponents brought it back up and won in 2000.  To this day, the community of 4500 in western Minnesota face considerable envy from adjacent communities — they want service from the fiber-to-the-home system as well.

Almost universally, opponents to municipal broadband systems claim they are financial failures and saddle communities with debt.  In reality, most have forced those opponents to provide improved service in their competitive communities, or those companies will become the financial failure.

[flv width=”427″ height=”240″]http://www.phillipdampier.com/video/Terry Huval of Lafayette Utility System April 2009.flv[/flv]

Terry Huval of Lafayette Utility System talks with the Fiber Revolution blog about the challenges Lafayette experienced building their own municipal fiber network.  Huval offers excellent advice for other municipalities exploring similar projects.  (April, 2009 – 10 minutes)

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p style=”text-align: left;”>Thanks to Stop the Cap! readers Tim and Matt who suggested this story idea.

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