Fox Television’s over the air signal may be scrambled and available “only by subscription” if the courts do not reverse their decision to allow an upstart television streaming service to continue operations while a broadcaster-backed lawsuit works through the legal system.

Aereo has been streaming New York City local stations to area residents that lease a tiny dime-sized antenna and receive the stations via the Internet. Broadcasters consider Aereo an end run around copyright law and retransmission consent fees paid by cable, satellite, and telco-TV operators. With millions in licensing fees at stake, several networks immediately filed suit to force the service to suspend operations.

But the 2nd Circuit Court of Appeals ruled in a 2-1 decision last month that Aereo’s streaming service did not represent a “public performance,” meaning the company was not infringing on the copyrights of broadcasters. Until a final court ruling is made, Aereo can continue operating, the judges ruled.

That decision prompted a hissy fit by News Corporation’s president and chief operating officer, who declared he is considering turning the Fox television network into a subscription-only service, potentially meaning the service would be scrambled and unavailable for free over-the-air in the future.

“Aereo is stealing our signal,” Chase Carey said at the opening of the National Association of Broadcasters’ convention is Las Vegas last night. “If we can’t have our rights properly protected through legal and governmental solutions, we will pursue business solution. One solution would be to take the network and make it a subscription service. We’re not going to sit idly by and let people steal our content.”

[flv width=”640″ height=”380”]http://www.phillipdampier.com/video/Bloomberg News Corp to Take Fox Off Air If Courts Back Aereo 4-8-13.flv[/flv]

Bloomberg Television explores Fox’s “nuclear option” of scrambling its broadcast outlets and forcing all Americans to pay for its content. (2 minutes)

[flv width=”384″ height=”236″]http://www.phillipdampier.com/video/CNN Money Aereo TV 3-13.flv[/flv]

CNN Money explains Aereo and its threat to the traditional broadcast retransmission consent fee system that has made over-the-air networks highly profitable with subscriber fees paid by your cable, satellite, or telco-TV provider and passed on to you in the form of higher cable or satellite bills.  (2 minutes)

More than six months after Hurricane Sandy did her handiwork on coastal New York, New Jersey and Connecticut, hundreds of residents are still getting phone bills from Verizon for phone and Internet service they have been without since Halloween.

Most of the outages are around the Ocean Bay development in Far Rockaway, south of Brooklyn.

For thousands of residents, the only regular communication from Verizon every month arrives in the form of a bill.

“I need that phone to make phone calls for an ambulance or long distance or the police department,” Geraldine Jones, president of the development’s tenant association, told the Daily News. “We’re tired of being without our landlines. It’s terrible. They’ve got the nerve to send me a bill every month. I’m frustrated and angry. It’s not fair. It’s not right.”

WNYC Radio reports local politicians are now getting involved in Verizon’s half-year landline outages on Far Rockaway. (1 minute)
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Verizon’s response has mostly been shrugged shoulders and no firm estimate of when service will be repaired.

“Verizon is working closely with the New York City Housing Authority and together we have made good progress in restoring service to residents to of the Ocean Bay apartment complex,” company spokesman Phil Santoro retorted in a statement. “By the end of this month, we will begin restoring service to all those who live in the complex from 54th to 59th streets on our brand new state-of-the-art fiber optic network.”

But that means some of Verizon’s customers will have been without phone service for more than half a year.

“It shouldn’t take six months,” said City Councilman Donovan Richards. “Some of these people don’t have cell phones. They’re elderly. It’s a public safety issue.”

WNYC’s Brian Lehrer Show takes a close look at telecom outages after Hurricane Sandy. (17 minutes)
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At least 11 percent of Time Warner Cable phone customers nationwide are into their second day without phone service due to an unspecified outage.

The problem began at around 3pm EDT on Sunday and temporarily knocked out Internet service in some areas for several minutes. The Internet service came back, but for many the phone service did not.

Time Warner Cable says calls may not be completed successfully and incoming calls may be blocked. Caller ID information has also proven spotty even for customers who still have service, and voicemail access is sporadic. Anecdotal reports from upstate New York residents received by Stop the Cap! report fast busy signals, no dial tone, or blinking lights on the company-supplied MTA.

Some customers regained service late Sunday night while others are slowly getting service restored today.

No automatic credits for interrupted phone service will be issued by Time Warner, but customers can use the company website’s contact form or call their local Time Warner Cable office for service credits.

Austin, Texas is likely the next Google Fiber city.

Austin, Texas will be the second major U.S. city to receive Google Fiber’s 1,000/1,000Mbps service, perhaps as early as 2014.

A “major announcement” at a news conference scheduled for Tuesday morning is expected to bring more than 100 community leaders together to hear Google’s plans for the city.

Local media reports, an accidental mention of Austin as the next Google Fiber city on Google’s Fiber Blog, and at least one confidential source at Austin’s public utility company (that owns the poles Google Fiber will be strung across) makes it all-but-certain Austin and its nearby suburbs will get the service.

Austin would seem a natural target for Google as home to the high-tech South by Southwest. Austin also hosts Dell, Texas Instruments, AMD, Samsung, IBM, Intel, and a myriad of Internet start-ups. But a key factor for Google also seems to be the presence of Austin Energy, the nation’s 8th largest community-owned electric utility, serving more than 420,000 customers and a population of almost one million. Kansas City, the first choice for Google Fiber, also has a municipal utility company.

Milo Medin, Google’s vice president of access services, made it clear that Google is targeting cities where it does not have to deal with intransigent privately owned utility companies that make life difficult (or expensive) to attach Google Fiber to utility poles. Municipally owned providers have proved easier to work with, and in Kansas City elected officials also helped cut through administrative red tape and facilitated a working relationship between Google and government officials responsible for issuing work permits and clearing up zoning headaches.

Areas served by investor owned electric giants like Southern California Edison, Florida Power & Light, Commonwealth Edison, Consolidated Edison, Georgia Power, Dominion Resources, Detroit Edison, Public Service Enterprise Group, and others may be at an immediate disadvantage in the race to become the next Google Fiber city if those companies attempt to throw expensive roadblocks or disadvantageous bureaucracy in front of Google.

Another factor in Kansas City’s favor was the large amount of pre-existing conduit available to pull fiber infrastructure through without tearing up streets. Cities with this type of infrastructure already in place dramatically reduces construction costs and permit delays.

Google Fiber’s project in Austin will compete directly with Time Warner Cable and AT&T U-verse. Time Warner Cable customers antagonized Austin residents in the spring of 2009 with a planned market test of consumption billing and usage caps for its Internet service. Google Fiber makes a point to say its broadband service is never usage-limited. AT&T U-verse customers in Austin have so far  not faced punitive measures from the phone company when exceeding its 250GB U-verse usage cap.

Many cable industry analysts predicted Google Fiber was simply a show project in Kansas City, designed to embarrass the telecommunications industry’s mediocre and expensive broadband service offerings. But a move into Austin signals Google more likely sees its fiber network as a lucrative business opportunity — one that could gradually be expanded to other cities.

What communities could get the service next? Google seems likely to avoid serving areas covered by Verizon FiOS, because competing fiber networks would likely not produce the bang for the buck Google needs to draw subscribers, and Medin makes it clear the company has found working with publicly owned utility companies easier than privately owned ones, so future Google Fiber cities will likely have these factors in common:

Having a publicly owned utility helps.

• A high-tech business community and well-educated workforce in a medium to large city;
• A publicly owned municipal utility willing to work with Google;
• Pre-existing infrastructure to support fiber service without tearing up streets and neighborhoods;
• A local government willing to cut red tape and ease Google’s expansion;
• No Verizon FiOS fiber service in the immediate metropolitan area;
• A reasonable level of regulations covering environmental impacts of utility infrastructure work, permits, and licensing.

Such requirements would wipe out almost all New York (except Rochester, Binghamton and the Southern Tier around Ithaca — all completely bypassed by Verizon FiOS) and New Jersey as possible candidates. California outside of Mountain View would also seem untenable because of government regulations, sprawling cities, and private utilities. Florida and Georgia have two major private power companies to contend with as well. But there are opportunities in Texas, the Carolinas, Minnesota, Washington, Arizona, Colorado, Tennessee, Massachusetts, and across several midwestern states, especially those served by AT&T’s inferior U-verse system.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KXAN Austin Google Fiber Expected in Austin 4-5-13.mp4[/flv]

KXAN in Austin spent almost seven minutes of its weekend evening newscast talking about forthcoming Google Fiber in Austin.  (7 minutes)

While large private corporations return profits to shareholders and avoid major infrastructure upgrades, publicly owned municipal providers are moving customers to carefully planned and budgeted fiber-to-the-home networks that offer service at speeds AT&T, the state’s largest telecom company, cannot touch.

This summer, Spencer, Iowa (pop. 11,200) is getting a fiber upgrade utility officials consider an investment in the community.

“Just like Internet service has evolved from dial-up to DSL and cable modem, fiber will give customers the next level of service to continue to improve the way they live, work and play here in Spencer,” Amanda Gloyd, Spencer Municipal Utilities marketing and community relations manager told The Daily Reporter.

SMU will spend $2 million to extend fiber service this year, decommissioning copper telephone wires and coaxial cable as it brings the new network online in different sections of the community.

“This will offer a lot more capacity than the old system with less shared,” Jeff Rezabek, SMU’s telecom manager told the newspaper. The project will create much-needed work for area contractors that will install the new fiber lines.

Customers are happy to learn the upgrade will not affect their rates, because SMU has been carefully setting aside money to pay for the project without burdening customers.

“This project is all paid for with cash in the bank,” said SMU general manager Steve Pick. “This is an investment in the system.”

Outside of Spencer, rural AT&T customers still cannot get DSL or U-verse service and are now at risk of losing their landlines as AT&T ponders taking down its wired network and forcing customers to more expensive wireless service.

The upgrades in Spencer will take several years to complete, as available funding allows. SMU is a municipally owned utility providing water, electricity, telephone, cable television, and broadband at speeds up to 100/10Mbps. The utility also resells T-Mobile wireless service.