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North Carolina’s Goal to be the First Giga State is Improbable With Current State Legislature

Solving America’s rural broadband crisis will take a lot more than demonstration projects, token grants, and press releases.

Since 2008, Stop the Cap! has witnessed media coverage that breathlessly promises rural broadband is right around the corner, evidenced by a new state or federal grant to build what later turns out to be a middle mile or institutional fiber optic network that is strictly off-limits to homes and businesses. Politicians who participate in these press events tend to favor publicity over performance, often misleading reporters and constituents about just how significant a particular project will be towards resolving a community’s broadband challenges. Much of the time, these projects turn out to serve a very limited number of people or only fund part of a broadband initiative.

Officials last week said they are hoping to make North Carolina “the first ‘giga-state,’ with broadband access for all its residents.” But to realistically achieve that goal, nothing short of an expenditure of hundreds of millions of dollars will be required to realistically achieve that goal statewide.

A decade ago, rural broadband progressed in North Carolina, as communities transitioned away from traditional tobacco and textile businesses to the information and technology economy. To assure a foundation for that economic shift, several communities identified their local substandard (or lacking) broadband as a major problem. The state’s phone and cable companies at the time — notably Time Warner Cable, AT&T, and CenturyLink, often proved to be obstacles by refusing to upgrade networks in the state’s smaller communities. Some cities decided to stop relying on what the broadband companies were willing to offer and chose to construct their own modern, publicly owned broadband network alternatives, open to residents and businesses. A handful of cities in North Carolina went a different direction and acquired a dilapidated and bankrupt cable system and invested in upgrades, hoping cable broadband improvements would help protect their communities’ competitiveness to attract digital economy jobs.

That progress largely stalled after Republicans took control of the state legislature in 2011 and passed a draconian municipal broadband law that effectively banned public broadband expansion. Most of those backing the measure took lucrative campaign contributions from the state’s dominant phone and cable companies. One, Sen. Marilyn Avila, worked so closely with Time Warner Cable’s lobbyists, the resulting bill was effectively drafted by the state’s largest cable company. For that effort, she was later wined and dined by cable lobbyists at a celebration dinner in Asheville.

To be fair, some North Carolina cities are experiencing a broadband renaissance. Charlotte, Raleigh, Greensboro, Cary, Durham, Winston-Salem, and Chapel Hill will have a choice of providers for gigabit service. Google has installed fiber in some of these cities while AT&T and Charter lay down more fiber optics and introduce upgrades to support gigabit speeds.

Things are considerably worse outside of large cities.

In North Carolina, 585,000 people live in areas where their wired connections cannot reach the FCC’s speed definition of broadband — 25 Mbps, and another 145,000 live without any notion of broadband at all.

Bringing all of North Carolina up to at least the nation’s minimum standard for broadband will not be cheap, and politicians and public policy groups must be realistic about the real cost to once and for all resolve North Carolina’s rural broadband challenges. Where the money comes from is a question that will be left to state and local officials and their constituents. Some advocate only tax credit-inspired private funding, others support a public-private partnership to share costs, while still others believe public money should be only spent on publicly owned, locally developed broadband networks. Regardless of which model is proposed, without a specific and realistic budget proposal to move forward, the public will likely be disappointed with the results.

The Facts of Broadband Life

There is a reason rural areas are underserved or unserved. America’s broadband providers are primarily for-profit, investor-owned companies. They are not public servants and they respond first to the interests of their shareholders. Customers might come in second. When a publicly owned utility or co-op is created, in most cases it is the result of years of frustration trying to get a commercial provider to serve a rural or high cost area. Public projects are usually designed to serve almost everyone, even though it will likely take years for construction costs to be recovered. Investor-owned companies are not nearly as patient, and usually demand a Return On Investment formula that offers a much shorter window to recover costs. For broadband, adequately populated areas that can be reached affordably and attract enough new customers to recover the initial investment will get service, while those areas that cannot are left behind. The two populations most likely to fail the ROI test are the urban poor that may not be able to afford to subscribe and rural residents a company claims it cannot afford to serve. Many early cable TV franchise agreements insisted on ROI formulas that allowed companies only to skip areas with inadequate population density, not inadequate income, which explains why cable service is available in even the poorest city neighborhoods, while a wealthy resident in a rural area goes unserved.

Today, most cable and phone companies install fiber optic infrastructure most commonly in new housing developments or previously unwired business parks, while allowing existing copper wire infrastructure already in place elsewhere to remain in service. Some companies, including AT&T and Verizon, have made an effort in some areas to replace copper infrastructure with fiber optics, but in most cases, their rural service areas remain served by copper wiring installed decades ago. As a result, most rural residents end up with DSL internet from the phone company, often at speeds of 5 Mbps or less, or no internet service at all. Neither of these phone companies, much less independent telcos like CenturyLink and Frontier, have shown much interest in scrapping copper wiring for fiber optics in rural service areas. There is simply no economic case that shareholders will accept for costly upgrades that will deliver little, if any, short-term benefits to a company’s bottom line. That reality has led some communities to try incentivizing commercial providers to make an investment anyway, usually with a package of tax breaks and cost sharing. But many communities have achieved better results even faster by launching their own fiber broadband services that the public can access.

Some states with large rural areas have recognized that solving the rural broadband problem will be costly — almost always more costly than first thought. Such projects often take longer than one hoped, and will require some form of taxpayer matching funds, municipal bonds, public buy-in, or a miraculous sudden investment from a generous cable or phone company. In states with municipal broadband bans, like North Carolina, politicians who support such restrictions believe the cable and phone companies will spontaneously solve the rural internet problem on their own. Such beliefs have stalled rural broadband improvements in many of the states ensnared by such laws, usually tailored to protect a duopoly of the same phone and cable companies that have historically refused to offer adequate broadband service to their rural customers.

Challenges for North Carolina

(Courtesy: North Carolina League of Municipalities – Click image for more information)

North Carolina is a growing state, so a small part of the rural broadband problem may work itself out as population densities increase to a level that crosses that critical ROI threshold. But most rural communities will be waiting years for that to happen. Intransigent phone and cable companies are unlikely to respond positively to local officials seeking better service if it requires a substantial investment. As industry lobbyists will tell you, it is not the job of government to dictate the services of privately owned companies. The Republican majority in North Carolina’s legislature underlines that principle regularly in the form of legislation that reduces regulation and oversight. Many, but not all of those Republicans have also taken a strong strand against the idea of municipalities stepping up to resolve their local broadband challenges by working around problematic cable and phone companies. The ideology that government should never be in the business of competing against private businesses usually takes precedence.

Almost a decade ago, the cable and phone companies of North Carolina made three failed attempts to enshrine this principle in a new statewide law that would limit municipal broadband encroachment to such an extent it made future projects unviable. They succeeded in passing a law on their fourth attempt in 2011, the same year Republicans took control in the state legislature.

Today, Republicans still control the legislature with a Democratic governor providing some checks and balances. Why is this important? Because for North Carolina to achieve its goal, it will realistically need a combination of bipartisan support for rural broadband funding and an end to the municipal broadband ban.

Where is the money?

Although North Carolina wants to be America’s first “gigabit” state, New York is the first to at least claim full broadband coverage across the entire state. That did not and could not happen without a multi-year spending program. Recently, North Carolina’s Department of Information Technology launched a $10 million GREAT Grant program to provide last-mile connectivity to the most economically distressed counties in the state. While a noble effort, and one no doubt limited by the availability of funds to spend on broadband expansion, it is a drop in a bucket of water thrown into a barely filled pool.

To put this problem in better context, New York’s goal of full broadband coverage (which in our view remains incomplete) required not only $500 million acquired from settlement proceeds won by the state after suing Wall Street banks for causing the Great Recession, but another $170 million in federal broadband expansion funds that were expected to be forfeited because Verizon — the state’s largest phone company — was not interested in the money or upgrading their DSL service upstate.

Big Money: New York’s rural broadband funding initiative spent hundreds of millions to attack the rural broadband problem. Gov. Andrew Cuomo outlines funding for just one of several rounds of broadband funding.

Last year, Gov. Andrew Cuomo detailed success for his Broadband for All program by pointing out the state spent $670 million to upgrade or introduce broadband service to 2.42 million locations in rural New York, giving the state 99.9% coverage. That amounts to an average grant of $277 per household or business. In turn, award recipients — largely incumbent phone and cable companies, had to commit to matching private investments. For that state money, the provider had to typically offer at least 100 Mbps service, except in the most rural parts of the state, where a lower speed was acceptable.

North Carolina has 585,000 underserved or unserved locations. Just by using New York’s average $277 grant, North Carolina will have to spend approximately $202 million with similar matching funds from private companies to reach those locations. In fact, it is assuredly more than that because North Carolina’s goal is gigabit speed, not 100 Mbps. Also, New York declared ‘mission accomplished’ while stranding tens of thousands of expensive or difficult to reach residents with subsidized satellite internet access. That offers nothing close to gigabit speed. A more realistic figure for North Carolina in 2019 could be as high as $250-300 million in taxpayer dollars — combined with similar private matching funds to convince AT&T, Charter, CenturyLink and others that the time is right to expand into more rural areas. But as New York discovered, there will be areas in the state no company will bid to serve because the money provided is inadequate.

If the thought of handing over tax dollars to big phone and cable companies bothers you, the alternative is helping communities start and run their own networks in the public interest. Except private providers routinely retaliate with well-funded campaigns of fear, uncertainty and doubt over those projects, and they become political footballs to everyone except their customers, who generally appreciate the service and local accountability.

If North Carolina’s state government relies on a series of $10 million appropriations for grants, it will likely take at least 20 years to wire the state. Stop the Cap! agrees with the goals North Carolina has set to deliver ubiquitous, gigabit-fast broadband. But those goals will be difficult to reach in the present political climate. Republicans in the state legislature approved reductions in the corporate income tax rate to 2.5 percent, down from 3 percent last year, and the personal income tax rate drops to 5.25 percent from 5.499 percent. North Carolina’s latest budget sets aside $13.8 billion for education, $3.8 billion for Medicaid, $3 billion in new debt for road maintenance, and $31 million in grants to attract the film industry to shoot their projects in the state.

It is likely any appropriation significant enough to actually deliver on the commitment to provide total broadband coverage will have to be spread out over several years, unless another funding mechanism can be identified. That assumes the Republicans in the state legislature will be receptive to the idea, which remains an open question.

AT&T: “2019 is the Money Year” – Company Plans Big Rate Hikes, Makes It Tough to Disconnect

Phillip Dampier January 29, 2019 AT&T, Competition, Consumer News, DirecTV, Online Video 7 Comments

AT&T shareholders are frustrated. They are not getting the dividend payouts and shareholder value they expected after AT&T put itself $170 billion in debt last year — the highest debt load of any non-financial American corporation.

As AT&T has bet big in recent years on video-related acquisitions, including DirecTV and Time Warner (Entertainment), investors are skeptical AT&T can properly monetize its video business. Many have sold shares after criticizing company executives over the company’s strategy and high debt, driving AT&T’s market capitalization down to around $225 billion, comparable with considerably smaller Verizon Communications.

But no worries, AT&T CEO Randall Stephenson, has reassured. AT&T expects those investments to yield results this year, helped by forthcoming broad price hikes for AT&T’s consumer services.

“2019 candidly is the money year,” Stephenson said in an interview with the Wall Street Journal. “This is a year when we get everything rationalized.”

According to AT&T, customers are irrationally paying too little for AT&T’s video-related services, which include DirecTV (~19 million customers) and DirecTV Now — the two-year old streaming service that has attracted nearly two million subscribers.

Stephenson

Although DirecTV has recently been extremely aggressive about offering deep discounts to convince satellite customers to stay, AT&T plans to pull back on those discounts as two million DirecTV customers see their two-year contracts end this year. Instead of granting renewed discounts for signing another contract, AT&T plans to deliver significant rate increases.

“As those customers come due, we’ll get closer to market pricing,” AT&T’s John Donovan told investors at a November investor conference. “We’ll be respectful of our customers, but [prices] will move up.”

That may prove a difficult sell for DirecTV satellite customers, who have recently been abandoning the satellite platform in favor of cheaper streaming TV alternatives. Even with package discounts, DirecTV is the pay television industry’s most expensive provider, collecting an average of $120.36 a month for its TV packages. In contrast, Dish Networks gets an average of $103.99, Charter Spectrum earns $91.14 and Comcast, $84.50.

DirecTV defections, largely over price, have been growing at an accelerated rate, with 1.4 million customers turning their back on the satellite provider over the last two years. Analysts expect AT&T will report 300,000 more lost subscribers in the last three months alone. At that rate, AT&T will lose at least $1 billion in operating profits in 2019 from its declining satellite TV unit alone.

(Image courtesy: WSJ)

DirecTV Now customers, who already absorbed a $5 rate hike last summer, and will face even more rate increases and channel reductions in 2019. Stephenson expects DirecTV Now’s price point to be in the $50-60 range, which means many customers will likely face an average of $10 in rate hikes this year. For AT&T, that would deliver “the right price” and gets the service “to where it is profitable,” according to Stephenson.

But customers are likely to balk if AT&T reduces channel lineups at the same time it raises prices. AT&T has already faced substantial DirecTV Now customer defections after last summer’s rate increase, and the company has also reduced new customer sign-ups by cutting back on new subscriber promotions, which often included a free set-top streaming device. Waiting to pick up exiled streaming and satellite customers are AT&T’s competitors, especially Google. YouTube TV has proved to be a DirecTV Now killer, now charging $40 a month for 60+ channels. It also comes with an unlimited cloud DVR feature and a complete lineup of local channels across most of the country. YouTube TV is reportedly still growing, attracting more than one million customers so far. AT&T executives claim the service is popular only because Google is suspected of subsidizing what they believe to be an unprofitable venture by around $9 a month.

Investors are also unhappy about customers slimming down their TV packages, because average revenue per customer is cut in the process, sometimes dramatically. Wall Street was accustomed to video packages bringing in at least $100 a month. In many cases, that revenue is cut in half after a customer switches to a streaming provider. AT&T hopes investor pressure on those new ventures and ongoing wholesale programming rate increases will both conspire to bring back familiar annual rate hikes for streaming services as well. Programming cost inflation almost feeds itself. As programmers set new wholesale rate records for their networks, other programmers believe there is now room to raise their wholesale rates as well.

Programming costs are not just important for consumers, either. Wholesale programming rate inflation was one of the reasons AT&T spent $49 billion to acquire DirecTV. Volume discounts for DirecTV meant the satellite provider was paying an estimated $20 a month less on programming than AT&T’s own U-verse unit, which had a much smaller customer base. AT&T’s purchase of Time Warner, which owns several popular cable networks, was also a hedge against programming rate increases because AT&T would effectively pay any increases to itself.

(Image courtesy: WSJ)

The Journal reports AT&T executives were unprepared for the speed cord-cutting has taken hold. Most most under-30 have abandoned the concept of paying for live, linear cable television at any price, preferring a combination of on-demand streaming from Netflix, Hulu, and other video streaming services with an over the air antenna to watch local stations for free. Older Americans are gradually following suit.

According to the Journal, AT&T’s latest tactic to slow down customer departures is to make cancellation as difficult as possible:

“There’s no way that we could make the numbers we were told to make,” said Altrina Grant, former manager of a Chicago-area AT&T call center. She said some agents would promise to call back a customer about a request to drop service rather than immediately disconnecting, which would count against their compensation. Irate customers would later call another employee to ask why their request wasn’t honored, she said.

“These reps were getting thousands of dollars because they knew how to manipulate the system,” Ms. Grant said.

Cyrus Evans, a former call-center manager in Waco, Texas, said employees’ pay could swing between $50,000 and $80,000 a year depending on their performance, which was often influenced by how many disconnection requests they could deflect. Mr. Evans said employees often got angry calls from customers who had been promised their service would end, only to receive a bill the next month. He said the incentive structure rewarded bad behavior.

Former AT&T workers said the company launched a new audit team in 2017 to crack down on support staffers making promises they couldn’t keep. Ms. Grant said this initiative led the company to fire some workers but several customer-care executives are still in their jobs.

AT&T disputes these allegations, claiming false promises to customers violate AT&T’s Code of Business Conduct and are “extremely rare.”

Grover Norquist’s Americans for Tax Reform Slams Another Public Broadband Project

Americans for Tax Reform’s leader Grover Norquist is continuing a campaign against municipally owned public broadband projects, labeling them “really stupid ideas” that are best left in the hands of private companies like Comcast, AT&T, Verizon and Charter.

Norquist’s group is one of many Koch Brothers’ funded groups butting into the local public discussion about Traverse City Light & Power’s new fiber-to-the-premises project, which would deliver a gigabit fiber optic alternative to the area’s dominant phone and cable companies. TCL&P already provides electric service in Traverse City, and is considering introducing fiber broadband for 2,300 downtown customers. As the local utility works towards developing a business plan, local officials are suddenly receiving opposition mailers and phone calls from a variety of national groups with a coordinated message against “government-owned networks.”

None of the groups contacting city officials will reveal their funding sources, but there are strong suspicions the coordinated effort is designed to protect the city’s existing duopoly, run by Charter Spectrum and AT&T.

The Record-Eagle notes city officials and residents are receiving professionally printed postcards and other mailers some consider “propaganda.” Not every letter of opposition generated by these campaigns appears to be genuine. Traverse City Commissioner Amy Shamroe told the newspaper the city studies incoming opposition emails and calls, and found many are questionable form letters, including a few that claim to be from “Firstnametest Lastnametest.”

Shamroe

“I encourage dissenting opinions, but I like them to come from real people,” she said.

Although some genuine Traverse City residents are telling local officials they oppose government competition with private businesses, Shamroe says a much larger number of people support the project and are frustrated with its slow pace.

Norquist argues public broadband believers are being snookered into supporting “really stupid ideas” that will ultimately require taxpayer bailouts or come with hidden fees and taxes. Norquist claims he is not aware of any successful municipal broadband project, despite the fact there are dozens of successful projects that have received strong support in their communities, especially when providers offer services that cable and phone companies will not deliver. In Michigan, Holland BPW (a municipal utility), Sebewing, and Midwest Connections Electric Co-Op, are all successfully providing fiber broadband services to their customers.

Much of the opposition to community broadband is designed to muddy the waters about such projects, using opposition mass-mailings and paid staffers to argue such broadband projects are risky at best, failures at worst. Their opposition is backed up with articles and studies that claim to prove government-run broadband has been a national fiasco, although most of their sources and studies have undisclosed direct or indirect ties to the same cable and phone companies that would face direct competition from a community run provider.

In the past, local officials have often been unprepared to deal with professionally-coordinated opposition efforts, but Traverse City officials are ready to deal with the opposition’s talking points, and have shared a detailed FAQ about the project.

One local resident brought many of those talking points up at an association meeting, and Shamroe was prepared to answer them point by point. The resident recognized he was “blindsided” by the opposition’s distorted representations about the project, and thanked Shamroe for addressing his concerns.

Ironically, Norquist told the newspaper he was particularly opposed to local utilities and governments using excess revenue earned from overcharging utility customers to fund fiber optic competition, arguing that if a provider is overcharging you for a service and making excess profits from it, “they should give you the money back.”

That is an argument Norquist has never brought to the attention of AT&T, Charter, Comcast, and Verizon.

YouTube TV Now Offers Local Channels in Top-95 TV Markets

Phillip Dampier January 23, 2019 Competition, Consumer News, Online Video, YouTube TV Comments Off on YouTube TV Now Offers Local Channels in Top-95 TV Markets

YouTube TV, which offers cable-free live television, today announced it now offers local network affiliates covering over 98% of the U.S., allowing consumers in smaller cities to cut the cord and still keep good reception from most local, over-the-air stations.

Since launching almost two years ago, YouTube TV has gradually added local stations from most metro areas, but many smaller markets were not covered. Effective today, YouTube TV adds most local ABC, CBS, FOX, NBC, and some independent stations in these areas:

  • Alabama: Dothan, Montgomery-Selma
  • Alaska: Anchorage, Fairbanks
  • Arkansas: Jonesboro, Monroe-El Dorado
  • California: Bakersfield, Chico-Reading, Eureka, Monterey-Salinas, Palm Springs, Yuma-El Centro
  • Colorado: Grand Junction
  • Florida: Panama City, Tallahassee-Thomasville
  • Georgia: Albany, Augusta-Aiken, Gainesville, Macon
  • Idaho: Boise, Idaho Falls-Pocatello, Twin Falls
  • Indiana: Evansville, Ft. Wayne, Lafayette, Terre Haute
  • Illinois: Peoria-Bloomington, Rockford
  • Iowa: Davenport-Rock Island-Moline, Ottumwa-Kirksville, Sioux City
  • Kansas: Topeka
  • Louisiana: Alexandria, Lake Charles
  • Maine: Bangor, Presque Isle
  • Massachusetts: Springfield-Holyoke
  • Michigan: Lansing, Marquette, Traverse City
  • Minnesota: Duluth-Superior, Mankato, Rochester-Mason City-Austin
  • Mississippi: Biloxi-Gulfport, Columbus-Tupelo, Greenwood-Greenville, Meridian
  • Missouri: Columbia-Jefferson City, Joplin-Pittsburg, St. Joseph
  • Montana: Billings, Butte-Bozeman, Great Falls, Missoula
  • Nebraska: Lincoln, North Platte
  • Nevada: Reno
  • New York: Binghamton, Elmira-Corning, Utica, Watertown
  • North Carolina: Wilmington
  • North Dakota: Fargo, Minot-Bismarck-Dickinson (Williston)
  • Ohio: Bowling Green, Lima
  • Oregon: Bend, Eugene, Medford-Klamath Falls
  • Pennsylvania: Erie, Johnstown-Altoona
  • South Carolina: Myrtle Beach
  • South Dakota: Rapid City, Sioux Falls
  • Texas: Amarillo, Beaumont-Port Arthur, Corpus Christi, Laredo, Lubbock, Odessa-Midland, San Angelo-Santa Barbara-Santa Maria-San Luis Obispo, Sherman-Ada, Tyler-Longview (Lufkin & Nacogdoches), Wichita Falls
  • Virginia: Charlottesville, Harrisonburg
  • Washington: Yakima-Pasco-Richland-Kennewick
  • West Virginia: Bluefield-Beckley-Oak, Clarksburg-Weston, Parkersburg, Wheeling-Steubenville
  • Wisconsin: La Crosse, Wausau-Rhinelander
  • Wyoming: Cheyenne-Scottsbluff

Additional small markets will be added later.

YouTube TV offers over 60 networks, on-demand programming, cloud DVR service with no storage limit and unlimited simultaneous recordings, up to six personal accounts (three simultaneous stream limit), for $40 a month.

Hulu Announces Pricing Changes: Basic Hulu Drops to $5.99, Cord-Cutting Package Sees $5 Rate Hike

Phillip Dampier January 23, 2019 Competition, Consumer News, Hulu, Online Video 1 Comment

Just days after Netflix announced its largest rate hike in the history of the streaming service, Hulu is following with its own announcement of “new pricing options” that will cost some customers less and others more.

“Over the past year, Hulu has added thousands of exclusive TV episodes and movies, launched nearly a dozen additional popular live TV channels – including The CW, Discovery Channel, TLC, Animal Planet and ABC News – and upgraded the technology platforms to support more devices and provide superior quality to our viewers,” Hulu announced on its Hulu Updates website. “With more than 85,000 episodes of on-demand television — more than any other U.S. streaming service — as well as thousands of movies and more than 60 popular live television channels, Hulu makes it easy for TV fans to get the most complete television experience. Today, we’re announcing updates to our pricing options (that will go into effect next month) to allow current and new subscribers to choose the best Hulu experience for them.”

New Rates

  • Hulu Basic (with commercials) drops $2 per month from $7.99 to $5.99.
  • Hulu (No Ads) remains $11.99 a month.
  • Hulu + Live TV, the entry-level cord-cutters package with more than 60 live channels and access to Hulu on-demand content with commercials increases $5 per month to $44.99.
  • Hulu (No Ads) + Live TV is also increasing $5 a month to $50.99 and features more than 60 live channels and Hulu’s on demand content with no commercials.

Hulu Basic had often been offered at $5.99 a month during special promotions, and the new lower price could attract more long-term subscribers. The increase in price for live television service comes as the result of increasing programming expenses and a desire to increase revenue. Hulu’s competitors have also been raising prices on packages featuring live networks and local channels.

Hulu’s new pricing will take effect on Feb. 26. Existing customers will see the price changes reflected in billing cycles beginning on or after Feb. 26.

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