From the producers of Dividing Lines:

The online world is no longer a distinct world. It is an extension of our social, economic, and political lives. Internet access, however, is still a luxury good. Millions of Americans have been priced out of, or entirely excluded from, the reach of modern internet networks. Maria Smith, an affiliate of the Berkman Klein Center for Internet & Society and Harvard Law School, created Dividing Lines to highlight these stark divides, uncover the complex web of political and economic forces behind them, and challenge audiences to imagine a future in which quality internet access is as ubiquitous as electricity.

This is the first part of a series being deployed by organizations and community leaders across the country, from San Francisco to Nashville to Washington, D.C., in an effort to educate stakeholders and catalyze policymaking that elevates the interests of the people over the interests of a handful of corporations.

The fight for rural broadband in Tennessee pits a publicly owned electric utility against Comcast and AT&T and their allies in the state legislature. (5:25)

AT&T will complete its fiber buildout to areas designated to get fiber to the home service by mid-2019, according to AT&T executives.

John J. Stephens, AT&T’s chief financial officer, told investors on a quarterly conference call that AT&T is on schedule to complete expansion of its fiber to the home commitment to 12.5 million new customer locations, a regulator-required commitment imposed on AT&T in return for approval of its acquisition of DirecTV.

“We are getting near the end of our fiber build project, which is basically laying the foundation for stabilizing our broadband and TV business profits in 2019,” added AT&T CEO Randall Stephenson.

AT&T’s expansion has targeted millions of customer locations for fiber to the home service, replacing the fiber to the neighborhood technology AT&T used for several years to support its U-verse service. AT&T officials say its fiber network will reach more than one million new customers during 2018. That network is key to two AT&T initiatives – its emerging 5G wireless service, which requires fiber connections to cell towers, and AT&T Fiber and its broadband offerings — helping boost internet and online video revenue.

“This shift to fiber is beginning to drive IP broadband ARPU growth,” said John M. Donovan, CEO of AT&T Communications, Inc. “The strategic pivot we’re making with video, combined with our execution with fiber gives us the confidence that we will stabilize Entertainment Group [profitability] next year.”

AT&T Fiber is critical to the company’s ability to compete in the home broadband market against cable operators that have recently boosted internet speeds. AT&T’s hybrid fiber-copper U-verse system proved inadequate to match the significantly faster internet speeds many cable operators are rolling out. But AT&T Fiber will not reach all the company’s landline customers. Rural areas are unlikely to ever receive fiber upgrades and AT&T has had long-term plans to scrap its rural landline network, transitioning those customers to wireless voice and internet using AT&T’s 4G LTE network.

Charter Communications’ ongoing settlement talks with the New York Public Service Commission are “productive” and will likely result in a final settlement agreement allowing Spectrum to continue operating in New York.

Today, the Public Service Commission formally approved a third extension for Charter, allowing the cable company to hold off filing an orderly exit plan and an appeal of the order revoking approval of Charter’s acquisition of Time Warner Cable in New York State. Department of Public Service (DPS) staff recommended one last 45-day extension to allow settlement discussions to continue and conclude.

“These discussions have been productive and should continue. However, DPS Staff believes that the Commission should direct that any request granted in response to Charter’s most recent filing be final in form and that any additional time allowed must either result in a settlement agreement being presented to the Commission or the cessation of settlement talks and a resumption of the processes outlined in the Revocation and Compliance Orders, unless good cause is shown by both parties,” wrote John J. Sipos, acting general counsel for the Public Service Commission. “This will ensure that progress is made or that in the event a settlement is not reached, that there is certainty as to the expectations on the parties going forward.”

DPS staff identified nine principles guiding discussions towards a final settlement:

1. All addresses that are counted toward Charter’s obligations must further the Commission’s statements that service be provided to those in less densely populated areas (i.e., Upstate N.Y.).
2. Addresses counted toward Charter’s obligations must not have had network previously passing the address or high speed broadband service available from a competitor. As the Commission has previously noted, New York City is one of the most wired cities in America, with much of the City served by multiple providers. Thus, the focus of the buildout should be in Upstate N.Y.
3. Overlap between Charter’s proposed buildout Upstate and those areas awarded by the Broadband Program Office should be minimized or eliminated to the maximum extent practicable.
4. The goal of DPS Staff and New York State is to ensure that the maximum number of New York State residents have wireline cable and broadband networks available to them.
5. Charter’s violations of the January 8, 2016 order and September 2017 Settlement Agreement must be addressed.
6. Going forward, the scope of changes allowed to be made to the buildout plan should be limited in order to provide certainty to New Yorkers as to when Charter’s network will pass their homes and businesses.
7. Safety is of paramount importance to New York State and that, regardless of any targets agreed to, all work must be done safely.
8. Company representations regarding the buildout and compliance with PSC orders must be truthful.
9. The buildout schedule must establish concrete and enforceable consequences should Charter fail to meet its obligations.

Because the ongoing discussions have been conducted in private, without input from interested third parties (including Stop the Cap!) and the public, the revelation of the “nine principles” are the first indication the public has that the Commission’s staff has limited the scope of its negotiations to the rural broadband buildout obligation contained in the original merger approval order. This also coincides with Gov. Andrew Cuomo’s high-profile commitment to expand broadband availability to every New York resident, one of the achievements the governor cites in his re-election campaign. Charter’s participation is essential to the program achieving its objectives, because rural broadband funding has been diverted to addresses not identified as targets for Charter’s rural broadband buildout.

Gov. Andrew Cuomo announcing rural broadband initiatives in New York.

Charter ran into trouble with the Commission because it failed to initially meet its buildout targets for 2017 and progress further faltered in 2018. The Commission argues Charter attempted to mask the problem by counting new passings in urban areas towards its broadband expansion commitment, including many addresses in the New York City area. When Charter balked at the Commission’s broad disqualification of Charter’s progress reports, many that included locations outside the intended goal of the rural expansion effort, the PSC hastily met in July and revoked approval of the original merger agreement, directly threatening Charter’s ability to provide Spectrum service in the state.

A vocal group of consumers among the 78,000 rural New Yorkers without access to cable, DSL, fiber, or wireless broadband are also calling out the governor and the Broadband Program Office (BPO) for bait and switch rural broadband. They accuse the governor of promising to get broadband service to every New York home or business that wants it, but quietly capitulating on that commitment by assigning tens of thousands of rural New Yorkers satellite internet service from HughesNet, widely criticized for not consistently meeting broadband speed standards and offering heavily usage capped service at very high prices.

Because the DPS has set a goal to minimize overlap of Charter’s planned expansion areas with addresses designated for BPO-funded HughesNet service, the Commission will indefinitely prevent satellite customers from getting other practical internet options, because many of these locations are high-cost service areas. Stop the Cap! urged the Commission to consider requiring Charter to further expand its rural broadband commitment as a penalty for earlier transgressions, specifically targeting as many satellite-designated addresses as practical, even if HughesNet has already received BPO funding to serve those locations.

Dampier

“The commitment should be to protect the interests of the public, not the assigned provider,” said Phillip Dampier, director and founder of Stop the Cap! “The Commission’s goal to maximize the number of New York addresses where wireline cable and broadband networks are available is laudable. But this goal is immediately abandoned in areas designated for satellite service. Satellite internet access has rarely, if ever, been considered by broadband regulators to be a suitable replacement for wired internet access. Satellite internet access has proven again and again to be a frustrating and inadequate broadband solution.”

“We are talking about a very small percentage of places where overlapped funding may occur, potentially giving these rural New Yorkers two options for internet access instead of one,” Dampier added. “There is no conflict with the public interest if it means these customers have the option of a much faster, unlimited internet access plan — something HughesNet does not and will not offer in the foreseeable future.”

Stop the Cap! argues without a better option for residents stuck with satellite, the governor has broken his promise and commitment to these left-behind New Yorkers.

“In many cases, these addresses are literally just down the road from the nearest Spectrum customer,” Dampier noted. “Niagara County, for example, is hardly in the middle of the Adirondacks and is heavily wired by Spectrum/Time Warner Cable already. Is it too much to ask to push them to do more?”

John B. Rhodes, chairman of the New York Public Service Commission, signed an order granting the extension, but acknowledged the lack of broadband service in counties where Spectrum offers service to some residents but not others is a point of contention.

“Many Upstate New Yorkers living in Charter’s franchise areas are understandably frustrated by the lack of modern communications infrastructure,” Rhodes wrote. “The Compliance and Revocation Orders [revoking the merger] were designed to deal with very serious issues presented by Charter’s conduct related to the company’s network expansion. As such, the processes envisioned therein must continue in the absence of an agreement.”

Frontier can boost speeds on its acquired fiber to the home networks, which offer almost unlimited capacity upgrades.

Frontier Communications is America’s feast or famine broadband provider, today announcing speed upgrades for its acquired Frontier FiOS and Vantage Fiber service areas while the company continues to pile up hundreds of complaints about poor quality DSL service in the northern U.S. where fiber upgrades are unlikely to ever happen.

Frontier today announced gigabit service (1,000/1,000 Mbps) is now available in its FiOS (California, Texas, Florida, and parts of the Pacific Northwest and Indiana) and Vantage Fiber (primarily Connecticut) service areas. The company also unveiled new plans offering 200/200 and 300/300 Mbps speed options in Indiana, Oregon, and Washington.

“Frontier is pleased to now offer a 200/200 Mbps service, the fastest, most efficient introductory broadband service available in our markets, plus eye-popping speed and capacity with our FiOS Gigabit for the home,” said John Maduri, executive vice president and chief customer officer at Frontier Communications. “Speed and reliability are hallmarks of FiOS Fiber broadband service. Two-way speeds over our all-fiber network make Internet tasks faster and more efficient, regardless of the time of day, while also enabling the many connected devices and streaming services in the home to work simultaneously and smoothly.”

Frontier’s fiber networks are only found in certain regions of the country, including 1.4 million homes in the Tampa Bay/six-county region along the central west coast of Florida, parts of Southern California, Dallas, and individual communities in Indiana, Oregon, and Washington that used to be served by Verizon.

Frontier’s Vantage Fiber network was largely acquired from AT&T’s U-verse service area in Connecticut, with more recent limited rollouts in North Carolina and Minnesota. Life for the unfibered masses in the rest of Minnesota is less sunny, with nearly 500 complaints against Frontier filed by frustrated consumers stuck with a company they feel has forgotten about them.

City Pages notes no company affirms the notoriety of a bad phone company like Frontier Communications, which still relies on a deteriorating copper wire network in most of its original (a/k/a “legacy”) service areas. Complaints about mediocre internet access, missing in action repair crews, and Soviet era-like delays to get landline service installed are as common as country roads.

City Pages:

The grievances read like a cannonade of frustration. They speak of no-show repairmen. Endless waits on hold. Charges for services never rendered. Outages that last for days.

“I have never dealt with a more incompetent company than Frontier,” writes one customer on Google Reviews. “I have no other choice for internet or phone service in my area…. It took me over three months just for Frontier to get to my house to even connect my service…. They also canceled multiple times for installation without calling. They just didn’t show up.”

These maladies aren’t exclusive to the outbacks. They also extend to Watertown Township, in the exurbs of Carver County.

“Frontier Communications is my only option for internet,” Kathleen McCann wrote state regulators. “My internet service is worse than dial-up…. As a dentist, I am not able to email dental X-rays. It took me 47 minutes to upload one small photo to Facebook recently.”

Frontier vice president Javier Mendoza at least admits most rural Minnesotans will be waiting for upgrades forever.

“The economic reality is that upgrading broadband infrastructure in the more rural parts of the state is not economically viable,” he says.

That leaves customers hoping some other entity will step up and serve the critical digital needs of one of America’s most important agricultural states. If not, the future is dismal.

“Those people are screwed,” Christopher Mitchell of the Institute of Local Self-Reliance, a Minneapolis nonprofit, tells the newspaper. “People who make business or real estate decisions are not going to move to that area.”

With that bleak assessment, several rural Minnesota communities are doing something remarkable — building their own public broadband networks. Even more surprising is that many of those towns are led by hardcore Republican local governments that have very different views about municipal broadband than the national party.

Life is rougher for Frontier’s legacy customers that depend on the company’s decades-old copper wire networks.

Some have joked they could change the mind of big city Republicans that are openly hostile to the concept of public broadband by making them spend two weeks without adequate internet access.

In the Minnesota backcountry, in the heart of Trumpland, broadband is about as bipartisan an issue you can find. Ten cities and 17 townships in Renville and Sibley counties went all-out socialist for suitable, super high-speed fiber optic broadband. RS Fiber, the resulting co-op, delivers superior internet access with fewer complaints than the big phone and cable companies offer in Minneapolis-St. Paul.

Public broadband is no more a “big government” takeover than municipal co-ops were when they were formed to bring electric and phone service to rural farms during the days of FDR. Waiting for investor-owned utilities to find adequate profits before breaking ground came second to meeting the public need for reliable power and phone service.

Today, part of that need is still there, even with an incumbent phone company delivering something resembling service. Frontier DSL is internet access that time forgot, with customers comparing it to the days of dial-up. Speed tests often fail to break 1 Mbps. Cable companies won’t come anywhere near most of these communities, many inconveniently located between nothing and nowhere.

As long as Frontier remains “checked out” with make-due internet access, rural Minnesota won’t ever benefit from the kinds of fiber fast speeds Frontier is promoting on the fiber networks that other companies originally built. Frontier is not in the business of constructing large-scale fiber networks itself. It prefers to acquire them after they are built. That makes Frontier customers in legacy service areas still served with copper envious of the kind of speeds available in California, Texas, and Florida.

Investors continue to pressure Frontier to reduce spending and pay down its debts, piled up largely on the huge acquisitions of Verizon and AT&T landline customers Frontier effectively put on its corporate credit card. For Wall Street, the combination of debt repayments and necessary upgrade expenses are bad news for Frontier’s stock. The company already discontinued its all-important dividend, used for years to lure investors. A growing number of analysts suspect Frontier will face bankruptcy reorganization in the next five years, if only to restructure or walk away from its staggering debts.

Thune

Sen. John Thune (R-S.D.) slammed the Federal Communications Commission for its “unacceptable failure” to expand rural broadband service and close America’s rural-urban digital divide.

Thune’s comments were directed to FCC Chairman Ajit Pai, appearing Thursday before the Senate Commerce Committee the South Dakota Republican chairs. Thune complained rural broadband expansion has slowed in his rural state, something he blamed on the FCC’s “inaction.” Thune criticized the FCC’s cuts to the Universal Service Fund, implemented as part of an effort to reduce the FCC’s budget.

“The FCC’s failure to ensure sufficient and predictable funding jeopardizes the vitality of America’s rural communities, and makes it much, much harder for our witnesses and others like them to deploy broadband,” Thune said in his opening remarks. “This is simply unacceptable.”

Thune claims the FCC’s cuts have increased by almost 25%, and there has been no study undertaken to determine the impact those cuts have on rural broadband expansion.

“Rural Americans should never be left behind their urban counterparts,” Thune added.

Pai defended the FCC’s actions under the Trump Administration, claiming the Commission is allocating nearly $6 billion for Connect America Fund subsidies and additional money for rural wireless projects. Pai claimed the FCC is providing $340 million to bring 4G LTE service to tribal lands, with additional funds available when those rural broadband subsidies are exhausted. Most of the money is being paid to subsidize for-profit companies.

Pai also claimed his broadband policy reforms, such as repealing net neutrality and other deregulation will stimulate new private investment independent of the Commission. To help that expansion, Pai suggested the recently proposed rules to streamline new cell tower approvals and ease up on historic preservation and environmental reviews will speed rural rollouts.

But both Sen. Thune and Chairman Pai have steadfastly opposed municipal and public broadband expansion projects designed to close the rural broadband gap in areas where for-profit ISPs have refused to serve without subsidies.