Johnson

Sen. Ron Johnson (R-Wis.) is in favor of banishing Net Neutrality and allowing service providers to sell paid broadband fast lanes, claiming some uses of the internet are more important than others.

Speaking alongside FCC Chairman Ajit Pai on a live interview with WTMJ Radio in Milwaukee with no guests in opposition, Johnson claimed unless cable and telephone companies are given additional economic incentives to risk capital, broadband service improvements will be slow in coming.

Johnson added ISPs should be allowed to adopt paid prioritization.

“You might need a fast lane within that pipeline so that [medical] diagnoses can be transmitted instantaneously [and] not [be] held up by maybe a movie streaming,” Johnson said.

“I want everyone to have what I call digital opportunity, and to do that you need to have a regulatory framework that gives all of these companies — satellite, wireless, fiber — a strong incentive to invest,” added Pai.

“As a businessperson, you need the economic incentive to risk your capital and the minute you have government regulation it reduces the certainty in terms of what you can get from return on investment, you are going to invest less,” argued Johnson. “We’re seeing that right now because of what [former FCC] Chairman Wheeler did.”

Pai

Pai argued that outdated FCC rules were also responsible for reducing broadband investment, particularly rules that require phone companies to continue maintaining their existing wireline network to provide universal access to telephone service.

Pai characterized Net Neutrality as government control of the internet.

“Do you want the government deciding how the internet is run?” Pai said, noting he favors “light touch” regulation where private companies manage their own businesses with targeted enforcement action by the FCC. “In 2015, on a party line vote, the FCC went the other way and put the government, rather than the private sector, at the center of how the internet operates.”

By getting rid of the Obama Administration’s Net Neutrality policies, Pai believes that will return the U.S. to an era of where cable and phone companies invest in their networks and expand rural broadband.

“As Chairman Pai said, Net Neutrality is a slogan,” added Johnson. “What you really want is an expansion of high-speed broadband. In order to do that, you have to create the incentives for those smaller ISPs to invest and if they don’t really control their own fiber — if the government tells them exactly how they are going to use their investment — there is less incentive for them to invest so we’ll have less high-speed broadband.”

“Consumers will be worse off because of this term Net Neutrality,” Johnson said.

“We at the FCC need to be focused on investment in infrastructure,” Pai said, not Net Neutrality.

Frontier is the dominant phone company in West Virginia.

Frontier Communications terminated the employment of West Virginia Senate president Mitch Carmichael just weeks after he refused to kill a pro-competitive state broadband expansion bill the company fiercely opposed.

Carmichael (R-Jackson), worked for Frontier for six years, most recently as a sales executive. Shortly after voting in favor of a bill making it easier for public broadband co-ops to deliver better broadband service in West Virginia, he was suddenly given two weeks notice his employment was being terminated.

Frontier refused to comment about its sudden decision to eliminate Carmichael’s job, but there is speculation the company was unhappy with Carmichael’s unwillingness to act on their behalf in the state legislature. Carmichael told the Charleston Gazette his dismissal came as a complete surprise, and he was not aware of any other layoffs in recent weeks.

“This was not something I wanted at all,” Carmichael told the newspaper. “They had a bad year, from a legislative perspective. They severed ties from me. 

Carmichael also noted Frontier was insistent on getting him to sign a nondisclosure agreement that would forbid him from talking about his job being terminated. He claims he refused to sign it.

The newspaper calls Carmichael Frontier’s most powerful ally in the state legislature. As Senate president, Carmichael was instrumental in killing a 2016 bill that would have launched a statewide municipal broadband network that Frontier never wanted to see get off the ground. Carmichael argued the competing network would have discouraged Frontier from investing in or expanding its own network, largely acquired from Verizon Communications in 2010. The bill died in the House of Delegates.

Carmichael

But as West Virginians continue to endure poor quality DSL service from Frontier and the company continues to experience financial pressures from its declining stock price and increasing investor discontent, it seemed unlikely Frontier would embark on dramatic new spending to boost internet speeds. This year, legislators proposed allowing up to 20 families or businesses to form nonprofit co-ops to offer internet service where Frontier and other providers have failed to expand service. The bill also permits up to three cities or counties to join forces and jointly construct new public broadband networks.

Frontier’s lobbyists loathed the bill, worrying about the prospects of facing new competition. The company devoted significant attention to block the bill in the legislature, but was apparently surprised when Carmichael refused to repeat his 2016 objections and recused himself from debate on the bill, and later voted for it. A short time later, his job was gone.

Whether Frontier assumed Carmichael’s primary loyalty should lay with the company and not the public that elected him to office isn’t known. Ironically, Carmichael tried to leave Frontier last summer after accepting a job with Frontier rival Citynet. Frontier offered a lucrative pay increase to convince Carmichael to change his mind. Ultimately, Carmichael returned to Frontier days later last August after he said the company begged him to stay.

Carmichael makes it clear he wasn’t in office just to represent Frontier’s political and corporate interests.

“The one thing I’m not going to do here as Senate president is advance special interests,” Carmichael told the newspaper. “It was obvious the body [Legislature] wanted that bill, and I wasn’t going to stand in the way of it.”

When the multibillion dollar telecom industry wants to push its narrative about telecom public policy, it employs an army of secretly funded astroturf groups, corporate-backed “policy institutes,” professional lobbyists, and ex-regulators and politicians that help move their agenda forward.

One of the latest methods to win influence is finding researchers willing to produce scholarly reports offering “independent” analyses of regulatory policies or telecom company business practices. It has now become a cottage industry, with the same select few authors regularly writing papers that align perfectly with the interests of cable and telephone companies that sponsor the groups, think tanks, or schools that employ them.

The blurred line between academic independence and “research-for-hire” has become increasingly indefensible at the nation’s think tanks, where politically motivated individuals and corporate donors funnel millions in funding with the expectation the think tank, its leadership and researchers will fall in line with the political views of the donor and act accordingly. When they don’t, the checks stop coming or a donor-led coup d’état similar to what happened in April at the Heritage Foundation can follow.

The idea that a think tank represents an independent body of researchers tackling random issues of the day without bias is quaint and often a thing of the past. These days, some think tanks and policy institutes dependent on corporate and big donor contributions are little more than willing corporate tools in policy and regulatory debates. Last month, this reached a new level of absurdity with the announcement that the MGM Resorts — a Las Vegas casino, was starting its own policy institute co-chaired by retired Sen. Harry Reid and former House Speaker John Boehner. Neither will be working for free. The stated purpose of the MGM think tank is to “concentrate on comprehensive, authentic and relevant national and international policy issues that impact the travel, tourism, hospitality and gaming industries and the global communities in which they operate.”

In short, it’s another way for the casino industry to lobby while operating under a veneer of independence at the University of Nevada, Las Vegas.

If a researcher cannot find work at a policy institute or think tank, they can always produce research papers under the auspices of a university or business school that welcomes corporate funding. These institutions assume they are protecting their credibility and reputation with claims of a firewall between industry money and research, yet too often the reports that result from this arrangement are embarrassingly industry-aligned. Questions of conflict of interest are also increasingly common when a researcher turns up at hearings to deliver ostensibly independent testimony on issues like regulation or their views about multi-billion dollar mergers and acquisitions that are in perfect alignment with the companies that donate to that researcher’s employer.

Yoo

Researchers like Christopher Yoo at the University of Pennsylvania Law School in Philadelphia bristle at the notion corporate dollars play any role in his research or findings, despite the fact he was accused of a major conflict of interest testifying strongly in favor of Comcast’s attempted merger with Time Warner Cable in 2014. Yoo defended the Comcast deal at every turn, telling Congress the merger would have little impact on consumer prices or competition, despite the fact ample antitrust concerns ultimately torpedoed the deal.

Yoo avoided disclosing the fact he had ties to Comcast’s chief lobbyist David Cohen, who sat five seats to his right at the hearing. Cohen served as chairman of the board of trustees at the University of Pennsylvania and Comcast is an extremely generous financial donor of the university — two obvious conflicts of interest that observers expressed shock were not disclosed in advance. Yoo focused instead on delivering testimony we characterized back in 2014 as “a nod in Cohen’s direction with an affirming, ‘whatever he said.'”

When the media called him out on the subject, Yoo downplayed any connection or conflict.

“The views of any other person in the university administration do not have any impact on my academic views or any public statements I make,” Yoo told the Washington Post. He added the Center for Technology, Innovation, and Competition that he founded was only “a tiny little bit” funded by the cable industry. We’ll fact check that claim shortly.

Like Harry Reid and John Boehner, Christopher Yoo does not work for free. Despite his claims that as a tenured professor, his academic freedom is protected, Mr. Yoo’s recent written work has been so closely aligned with the interests of the nation’s cable and phone companies, he comes alarmingly close to being an academic version of a corporate sock puppet.

Yoo is hardly the only researcher that has an amazing record of producing studies that coincidentally line up in perfect unison with the public policy interests of giant cable companies. Daniel Lyons of Boston College Law School prodigiously writes papers defending the cable industry’s practice of data caps. He’s been hard at work since 2012 trying to convince anyone that would listen that data caps are good for consumers, competition, and innovation. Like Yoo, Lyons was also a big supporter of Comcast’s attempted purchase of Time Warner Cable, “spontaneously” and “independently” penning long letters to the editor to newspapers all around the country defending the deal.

So what causes researchers to suddenly decide to write about some topics but not others? Random chance or money?

Last month, Yoo unveiled his latest paper, “Municipal Fiber in the United States: An Empirical Assessment of Financial Performance,” co-authored by Timothy Pfenninger.

Yoo claimed in his executive summary that the “current emphasis on infrastructure projects in the United States has intensified the debate over municipal broadband.” That’s news to us. In fact, the high water mark of the municipal broadband debate occurred in the last administration when FCC Chairman Thomas Wheeler sought to nullify corporate ghostwritten municipal broadband bans passed by several state legislatures.

Yoo decided he would be a “helper” for cities contemplating repeating the success of EPB, the municipal power company in Chattanooga, Tenn., that built a successful public gigabit fiber to the home broadband network for the city and nearby communities. The “widespread news coverage” of EPB that Yoo wrote about, without mentioning it was almost exclusively positive, has apparently inspired a number of other communities to contemplate repeating Chattanooga’s success story.

In what we like to call Yoo’s “Fear, Uncertainty and Doubt” opening, he warns “city leaders who turn to existing municipal fiber analyses for guidance will discover that these studies limit their focus to the supposed success stories instead of systematically analyzing these systems’ financial performance.”

So instead of those studies, Yoo offers his own, which he claims “fills the information gap” by creating a whole new systematic analysis, using Yoo’s own hand-crafted criteria, to judge the success or failure of municipal broadband.

He doesn’t waste any time hinting municipal broadband is a bad idea, puts cities at risk for defaults, bond rating reductions, and taxpayer bailouts. In fact, Yoo characterized municipal broadband as a mere distraction from more important priorities he claims communities have. And besides, there is evidence showing “little current need for [the] high broadband speeds” that community broadband networks offer that incumbent cable and phone companies won’t.

Yoo’s take is like bringing a boyfriend home to your parents who claim they support and love you no matter who you date but then spend the next two hours telling you why he’s all wrong for you.

Follow the Money

We thought it would be useful to look into Yoo’s claims and conclusions more carefully. As always, we focused on two things: fact-checking the evidence and following the money.

It took very little time to turn up more red flags than one would find at a May Day parade in Red Square.

Academics with conflicts of interest or uncomfortably close ties to the telecom industry and the reports they peddle often escape scrutiny, because their research can intimidate journalists unprepared to challenge their premise, research, or conclusions without a substantial investment of time and fact-checking. But as we’ve learned over the years, there are very clear warning signs when more investigation is necessary.

We’re not alone. This week National Public Radio updated its Ethics Handbook with “a cautionary tip sheet about relying on the work product of think tanks.”

It is “our job to know about ‘experts’ conflicts of interest” and share that information with our audience (or not use experts whose conflicts are problematic).  As we’ve said, it’s not optional. Click here for related reading from JournalistsResource.org. It includes “some questions journalists should ask when researching think tanks.” Among them:

• “Look at the think tank’s annual report. Who is on staff? On the board or advisory council? Search for these people. They have power over the think tank’s agenda; do they have conflicts of interest? Use OpenSecrets’ lobby search, a project of the nonpartisan Center for Responsive Politics, to see if any of these individuals are registered lobbyists and for whom.
• “Does the organization focus on one issue alone? If so, look carefully at its funding.
• “Does the organization clearly identify its political leanings or its neutrality?
• “Does the annual report list donors and amounts? Are large donors anonymous? If the answer to the second question is yes, you should be concerned that big donors may be trying to hide their influence.
• “Does it have a conflict of interest policy?”

The Shorenstein Center on Media, Politics, and Public Policy is even more frank in its warning to journalists who rely on think tanks and industry-based research:

[…] Entrenched conflicts of interest across the political spectrum, and pandering to donors, often raise questions about their independence and integrity. A few years ago, think tanks were seen as places for wonky scholars and former officials to bang out solutions to critical policy problems. But today, as the Boston Globe has written, many “are pursuing fiercely partisan agendas and are funded by undisclosed corporations, wealthy individuals, or both.”

Something smells funny.

Unsurprisingly, Yoo’s research was immediately distributed and promoted by a range of groups critical of public broadband to build what they believe to be an authoritative record against municipal broadband initiatives. In effect, ‘it isn’t just us saying public broadband is a bad idea, look at this ”independent” research.’

But exactly how independent is the research produced by Mr. Yoo and his Center for Technology, Innovation and Competition (CTIC)? Unfortunately, Yoo does not follow the common practice of disclosing the funding sources for his research and report. If it was funded through the Center, that should be disclosed. If a corporate donor provided funding or a stipend, that should be disclosed. If part or all of Mr. Yoo’s compensation comes from a bank account replenished in part or whole by an outside company, that should be disclosed. If he wrote the report in this spare time for fun, that should be disclosed as well.

Since Mr. Yoo doesn’t talk about the money, we will.

The CTIC’s website spends some time predicting the obvious conflicts of interest questions raised by its extensive corporate donor base.

“The Center for Technology, Innovation & Competition (CTIC) receives financial support from corporations, foundations, and other organizations that is vital to our continued growth and success,” the website states, which means without that support, there probably would be no CTIC.

Which corporations donate money is important to consider. If a substantial amount of a researcher’s funding comes from telecom companies that are either on record opposing public broadband, or would be forced to compete with a municipal broadband provider, that would represent a very clear conflict of interest.

CTIC attempts to inoculate itself from accusations it has that inherent conflict of interest with this statement on its website:

“CTIC does not accept financial support that limits our ability to conduct independent research. This allows us to produce scholarship that is free from outside influence and consistent with Penn’s ethics and values. All corporate donors agree to provide funding free from restrictions and promised results or deliverables.”

But that is not adequate enough to protect readers from researcher bias introduced by the donor funding that CTIC admits is “vital” to their existence. Consider the example of the tobacco industry, one of the first to leverage researchers willing to write papers created to distort, downplay, or confuse the debate about the safety of tobacco products. There was no need for a tobacco company to limit researcher independence or demand a certain result. That allowed researchers to claim editorial independence, but they also understood that if their reports did not meet the expectations of the tobacco company that paid for them, they would never be made public and that researcher would never be used again.

A corporate donor is unlikely to continue funding an organization that issues reports it disagrees with or worse, publicly bolsters its competitors or criticizes its public policy agenda. Had Yoo concluded municipal broadband was an ideal solution for the rural broadband, internet speed, and competition problems in this country would AT&T, CTIA, Comcast, Charter/Time Warner Cable, NCTA and Verizon still send them checks?

While considering the veracity of Mr. Yoo’s research and conclusions, do you believe CTIC’s donors would be pleased or unhappy about the report? Here is the list of companies and groups that help keep the lights on at CTIC:

• American Tower (owns cellular and broadcast transmission towers)
• AT&T
• Broadband for America (funded by the cable/telco industry)
• Cellular Operators Association of India
• Comcast-NBC Universal
• CTIA (the cellular industry’s top lobbying trade association)
• Facebook
• Google
• GSMA (Mobile industry trade association)
• ICANN
• Information Technology Industry Council
• Intel
• Internet Society
• Microsoft
• National Science Foundation
• NCTA (cable industry’s top lobbying group)
• New York Bar Foundation
• Qualcomm
• Time Warner Cable (now Charter Communications)
• Verizon
• Walt Disney Co.

It’s clear there are few friends of municipal broadband donating to the CTIC while we count about eight likely opponents.

Even the way Mr. Yoo introduced his municipal broadband report at a Wharton Business School “broadband breakfast discussion” opened the door to more questions. To suggest the panel was stacked against public broadband would be an understatement.

In addition to Mr. Yoo, the former mayor of Philadelphia and governor of Pennsylvania Ed Rendell — who was hired by Comcast-NBC Universal less than two months after coming out in strong support of the merger of Comcast and NBC-Universal, was tasked with keynote remarks. Joining both on the discussion panel was Frank Louthan, a Wall Street analyst for Raymond James who regularly covers big cable and telco companies for investors and wouldn’t appreciate giving the bad news to clients about municipal broadband’s profit-killing competition and Douglas Holtz-Eakin, president of the corporate dark money-backed American Action Forum who seemed enamored of all-things Comcast. In 2014, Holtz-Eakin went out of his way to write a long piece urging regulators to approve the Comcast-Time Warner Cable acquisition as soon as possible.

Anyone who wanted to hear a positive view of municipal broadband would have had to eat breakfast somewhere else.

Yoo’s “Evidence”

For the benefit of readers and local officials that want a more detailed refutation of Mr. Yoo’s study and his findings on the granular level, we point you to Community Broadband Networks’ excellent report debunking the obviously biased findings from Mr. Yoo, who appears to be working on behalf of some of America’s largest telecom companies. Mr. Yoo will claim those companies did not sponsor the study, but we remind readers that without the extensive donor support of Yoo’s group from the telecom industry, there would likely be no study.

But we found several red flags to share as well.

Red Flag #1: Changing the metrics.

Mr. Yoo hand-selects the metrics by which municipal network success or failure can be determined… by him. He relies on Net Present Value, a particularly complicated and not always accurate measurement of a network’s prospects for success or failure. Clearly, every municipal network will face some challenges. Many are in areas deemed unprofitable to serve by the commercial telecom industry. But then, municipal broadband is all about solving the problem of broadband accessibility that other ISPs won’t. These public networks don’t exist to make shareholders and executives rich, nor do they have to allocate money to pay shareholder dividends. Even commercial ISPs have their hands out looking for subsidies to wire rural areas they would otherwise never serve. There is more to the story of municipal broadband than profit and loss.

Red Flag #2: Financing concrete.

Mr. Yoo’s predictions that some networks may never pay off their debts or will take dozens of years or more doing so assumes almost nothing changes for those networks in the near or distant future. Broadband networks are constantly evolving, as are potential revenue sources. Imagine a cable company having to exclusively rely on cable TV revenue to pay down their debt. Then remember the day cable operators discovered they could use a portion of their existing network to sell something called “broadband” service for another $30 a month. Ancillary revenue from the introduction of innovative new products and services is precisely how the cable industry successfully boosted subscriber revenue even in mature markets where adding new customers was challenging. They followed the time-tested principle of selling more things to the customers they already have.

But then Mr. Yoo agreed with this concept himself… when he was talking about the some of the same telecom companies that write his group checks. Municipal networks are somehow… different, however:

The development of the Internet has greatly increased the value of the services that can be provided by last-mile networks. The rollout of convergent technologies, such as Internet telephony and packet video, will break down the barriers that previously limited the revenues generated by any particular transmission technology. Cable is already able to provide voice through its coaxial network, and it is just a matter of time before telephone companies are able to provide video. Application-based distinctions between transmission media will completely collapse once all applications become packetized.

He also downplays the tool of refinancing. Altice turns that concept into a weekend hobby. This European cable conglomerate’s business plan leverages debt like no other cable operator. It manages that debt by regularly repackaging and refinancing debt at lower rates as it also works to pay it down. These same options are available to municipal providers.

Red Flag #3: Municipal broadband is too expensive, or is it?

There are massive start-up costs to build broadband networks, costs that might put a community’s finances at risk, Yoo’s report concludes. That leaves the obvious impression communities should avoid going there. But that wasn’t the attitude he had in 2006, when network costs were even higher than they are today.

“The economics of the last mile have changed radically in recent years,” Yoo said. “The fixed costs of establishing last-mile networks have dropped through the floor. Switching equipment that used to take up an entire building can now be housed in a box roughly the size of a personal computer. Copper wires have been replaced by a series of innovations, including terrestrial microwave, satellites, and fiber optics, which have greatly reduced the costs of transmission.”

When he is talking about municipal broadband, he seems to tell an entirely different story. Why might that be?

Red Flag #4: Yoo misrepresents the problem.

Mr. Yoo has reflexively defended his donor base for several years across a myriad of broadband public policy issues — data caps/zero rating, Net Neutrality, mergers and acquisitions, network costs, and more. The hypocrisy emerges when his entirely different standards for municipal broadband become clear.

The toll from “personal turmoil and distraction” Yoo worries about with municipal broadband projects ignores the real problem — the lack of suitable broadband in a community with no solution in sight. Just ask families that drive their kids to a fast food restaurant to borrow a Wi-Fi connection to complete homework assignments, or the difficulty getting broadband in a neighborhood bypassed by DSL or cable. If a community defines broadband as an essential utility, it provides it even if it doesn’t turn a profit. Public infrastructure projects are not unusual. The amount of money spent by an industry worried about losing its duopoly or monopoly profits to oppose such projects could have been spent on improving and expanding service.

If a local community wants a municipal solution, it is Mr. Yoo’s donors that create most of the turmoil by ghostwriting municipal broadband bans into state law and filing groundless stall tactic lawsuits designed to protect their markets or run up costs.

Red Flag #5: There is “little current need” for high broadband speed (unless Comcast offers it).

One of the best clues that Mr. Yoo’s research isn’t as “independent” as he implies is the fact his conclusions seem to change depending on whether he is referring to a corporate ISP or a municipal provider. For example, Yoo’s study downplays the importance of gigabit fiber speeds. In one highlighted statement, Yoo declares, “The U.S. take-up rate of gigabit service remains very low, and media outlets report that consumers are questioning if gigabit service is really necessary.”

“The media” in this case is Multichannel News, a cable industry trade publication that has changed its tune about that subject recently and now publishes stories regularly about ISPs across the country moving towards gigabit speeds. In the article noted by Yoo, the story quotes a single CenturyLink executive who claims customers can live with the slower speeds CenturyLink often provides, but also admits his company is working to deploy, wait for it, gigabit-capable networks. As Stop the Cap! has explained to readers for a decade, the companies that always claim consumers don’t need a gigabit are the same ones that do not offer it to a large percentage (or any) of their customers. Yoo fails to explain why so many ISPs are preoccupied with offering fast internet speeds that he declares are unwanted, especially when a municipal provider plans to offer them.

Yoo’s allegiance to the current big cable and phone company provider paradigm is revealed when you scrutinize his reasons why community fiber is unnecessary. Take this example from his report:

“Wireless technologies—such as 5G—and legacy copper technologies—such as G.fast—are also exploring ways to provide gigabit speeds without incurring the cost associated with FTTH.”

“Exploring” is very different from “delivering.” Let’s also not forget he held a very different view when he wasn’t slamming municipal broadband:

“On the one hand, the Bell System created a telephone network that was the envy of the world and pioneered Nobel Prize-winning breakthroughs such as the transistor. On the other hand, it was extremely slow to deploy innovative technologies like DSL.”

It’s also important to note a large percentage of community broadband networks are based on fiber optics while commercial wireless companies like AT&T and Verizon are among the few willing to deploy 5G and incumbent telephone companies show only limited interest in G.fast.

And again, Yoo should take a bit of his own advice on picking or discouraging technology or municipal broadband provider winners and losers:

“At this point, it is impossible to foresee which architecture will ultimately represent the best approach. When it is impossible to tell whether a practice would promote or hinder competition, the accepted policy response is to permit the practice to go forward until actual harm to consumers can be proven. This restraint provides the room for experimentation upon which normal competitive processes depend. It also shows appropriate humility about our ability to predict the technological future.”

Red Flag #6: Innovation is in the eye of the beholder. (Subject to change on a whim).

Yoo also distorts a 2014 New York Times article by focusing on the lack of applications available to take advantage of gigabit speeds. But he ignores the fact that customers and entrepreneurs are delighted that speed is available, and offers the potential of significant innovation including very high quality video and enough bandwidth to power the explosion of connected devices in the home. Every major ISP in the country reports consumers are upgrading to faster internet packages, and some customers remain dissatisfied those speeds are still not fast enough.

Again, Yoo is suspiciously inconsistent. When major ISPs sought permission to develop faster traffic lanes for brand new services, Yoo was one of the biggest supporters of the innovation opportunities of that concept:

He hopes that the FCC’s easing restrictions on broadband providers’ ability to charge different prices for delivering different Internet content could spur innovation by allowing both established companies and startups to offer new online services tailored for the Internet “fast lane” delivery. For instance, Yoo pointed to the differentiation between standard U.S. first class postal service with overnight FedEx mail and noted how new businesses have grown around the overnight delivery option.

Apparently the distinction is that companies like Comcast have to be the mail carrier for that to be any good. If a community does it, that means it is unwanted, unnecessary, and bad.

We could go on and on, but we assume most readers get the point. Fixing facts around a narrative has been a part of the telecom industry’s cynical lobbying for decades. Let’s face facts. Yoo’s donors don’t want the competition and don’t want to be forced to invest in upgrades they should have completed long ago. Yoo’s report is part of the campaign to stop municipal broadband before it gets off the ground.

Where did we learn this? From Yoo himself, who wrote the best way to improve broadband is remove barriers that keep new providers, including municipal ones if he wants to be consistent, from launching service:

“Competition policy thus teaches us that any vertical chain of production will only be as efficient as its least competitive link. The proper focus of broadband policy is to identify the level of production that is the most concentrated and the most protected by entry barriers and to try to make it more competitive.”

“Furthermore, large, established players have more resources and experience with which to influence the regulatory process.”

Those are two things we can agree on.

Charter Communications this afternoon submitted its annual update to the New York Public Service Commission, a condition of its approved merger with Time Warner Cable.

The cable company argues the merger has already delivered substantial pro-consumer benefits, including faster internet speeds, a low-income broadband program, no loss of New York jobs, and more upgrades to come.

Some highlights for customers in New York State:

All-Digital Conversion

• The handful of Charter legacy cable systems in New York have already been converted to all-digital service.
• Former Time Warner Cable systems in New York City, Syracuse, and the Hudson Valley are now all-digital.
• Albany will be converted to all-digital service in late 2017.
• Rochester and Buffalo will be converted to all-digital service in early 2018.

Broadband Speed Upgrades

• As of March 14, 2017 all Charter customers in New York can subscribe to at least 100Mbps service. ($105/mo, $199 setup fee)
• Charter has been actively rebuilding its Chatham system in Columbia and Rensselaer counties to provide broadband service. Project completion dates: In Rensselaer County, Berlin and Petersburgh expected to be done by the end of the third quarter 2017. In Columbia County, construction is scheduled to begin in May 2017, with a target completion date set for the end of first quarter 2018.

Cable Expansion

Since the last build-out update was filed on February 17, 2017, Charter has completed build-out to an additional 5,039 passings and has now completed build-out to a total of 15,164 passings across 56 counties and approximately 1,018 municipalities. Major areas of completed passings include, but are not limited to, the following:

• Albany County for approximately 1,330 passings, including the Village of Menands, Towns of Colonie, Cohoes, Bethlehem, Voorheesville, Selkirk, and New Scotland, and the City of Albany.
• Broome County for approximately 151 passings, including areas such as the Barker, Binghamton, Conklin, Endicott, Lisle, Marathon, Vestal, and Whitney Point.
• Cortland County for approximately 154 passings, including areas such as the Towns of Cincinnatus, Cortland, Cortlandville, Homer, Virgil, and Truxton.
• Erie County for approximately 2,029 passings, including areas such as the Towns of Amherst, Boston, Clarence, Colden, East Concord, Depew, Grand Island, Holland, Orchard Park, Derby, Lancaster, Eden, Springville, Williamsville, West Seneca, and the City of Buffalo.
• Genesee County for approximately 157 passings, including areas such as the Towns of Batavia, Elba, and Alexander.
• Kings County for approximately 390 passings in Brooklyn.
• Livingston County for approximately 196 passings, including areas such as the Towns of Honeoye Falls and Dansville.
• Monroe County for approximately 1,797 passings, including areas such as the City of Rochester, Town of Perinton, Greece, Penfield, North Chili, Webster, Pittsford, Ontario, Spencerport, and Gates.
• New York County for approximately 575 passings in the City of New York.
• Niagara County for approximately 297 passings, including areas such as the Towns of Cambria, Lockport, Lewiston, Niagara Falls, Newfane, North Tonawanda, Sanborn, Pendleton, Youngstown, and Wilson.
• Oneida County for approximately 221 passings, including areas such as the Towns of Utica, Rome, Clinton, Camden, Cassville, and Marcy.
• Onondaga County for approximately 787 passings, including areas such as the City of Syracuse, Village of Camillus, and Towns of Cicero, Baldwinsville, Liverpool, Chittenago, Clay, Homer, Manlius, and Marcellus.
• Ontario County for approximately 442 passings, including areas such as the Towns of Clifton Springs, Canandaigua, Phelps, and Victor.
• Orange County for approximately 429 passings, including areas such as the Towns of New Windsor, Middletown, Salisbury Mills, Montgomery, Goshen and Woodbourne.
• Oswego County for approximately 146 passings, including areas such as the Towns of Pulaski, Fulton, Parish, Albion, Altmar, Camden, and Central Square.
• Rensselaer County for approximately 376 passings, including areas such as the Towns of Castleton on Hudson, Cropseyville, Brunswick, Hoosick Falls, Nassau, Johnsonville, Sand Lake, East Greenbush, and Wyantskill, the City of Rensselaer, and the City of Troy.
• Saratoga County for approximately 1,854 passings, including the Towns of Milton, Stillwater, Clifton Park, Ballston Lake, Ballston Spa, Halfmoon, Round Lake, Mechanicville, Malta, Waterford, and Wilton, and the City of Saratoga Springs.
• Schenectady County for approximately 218 passings, including areas such as the Village of Delanson, Towns of Esperance, Niskayuna, Duanesburg, Glenville, and Rotterdam, and Burnt Hills, and the City of Schenectady.
• Schoharie County for approximately 106 passings, including areas such as the Towns of Middleburgh, Cobleskill, Jefferson, and Schoharie.
• St. Lawrence County for approximately 171 passings, including areas such as the Towns of Canton, Massena, Potsdam, and Gouverneur.
• Sullivan County for approximately 639 passings, including the Towns of Fallsburg, Liberty, Monticello, Victor, Thompson, Loch Sheldrake, Swan Lake, Bethel, and White Lake, and the Villages of Woodridge and Wurtsboro.
• Tompkins County for approximately 303 passings, including areas such as the Towns of Ithaca, Slaterville Springs, Groton, and Newfield, and the City of Ithaca.
• Ulster County for approximately 537 passings, including the Towns of Accord, Hurly, Rochester, Ulster, Kerhonkson, New Paltz, Greenfield Park, Woodstock, and Saugerties, and the City of Kingston.
• Warren County for approximately 107 passings, including areas such as the Towns of Lake George, Warrensburg, Queensbury, and Glens Falls.
• Wayne County for approximately 192 passings, including the Towns of Palmyra, Ontario, Macedon, Walworth, Newark, Sodus, and Williamson.

Ed. Note: Nothing precludes Charter from including new housing developments and similar projects in these numbers where it would have provided service regardless of the Order from the PSC.

The Availability of Time Warner Cable’s Unrestricted $14.99 Everyday Low Price Internet Tier

Charter has continued to offer new subscribers in TWC’s New York territory the TWC standalone Everyday Low Price $14.99 broadband service, at speeds no less than those being offered at the time of the merger order, and will continue to offer this to new subscribers for up to two years after close (until May 17, 2018). Any customer is qualified to subscribe to this service, which provides around 2Mbps of internet speed.

Ed. Note: This service is not advertised or mentioned in any way on Charter/TWC’s marketing website and many Stop the Cap! readers in New York have told us Charter sales representatives have repeatedly told them the service is not available, so this claim is in dispute.

Existing customers with the Everyday Low Price tier at the time of closing will be allowed to retain this product for a minimum of three years, which the Commission has set to “run concurrently with the two-year period in which Charter must continue to offer the service to new customers.” New subscribers will be able to retain the product until at least May 17, 2019.

$14.99 Low Income Broadband Service “Spectrum Internet Assist”

First available in the Plattsburgh area in November, 2016, Spectrum Internet Assist has now expanded to former Time Warner Cable territories in New York.

For $14.99 a month, qualified customers get 30/4Mbps broadband service. Wi-Fi service is available for an extra $5 a month. Customers must qualify for at least one of these low-income benefit programs:

• The National School Lunch Program (NSLP); free or reduced cost lunch
• The Community Eligibility Provision (CEP) of the NSLP
• Supplemental Security Income (SSI) ( ≥ age 65 only)

(Programs that do not qualify include: Social Security Disability (SSD), Social Security Disability Insurance (SSDI), and Social Security Retirement and Survivor Benefits are different from Supplemental Security Income (SSI) and do NOT meet eligibility requirements.)

Improved Customer Service

Charter is required to invest a minimum of $50 million in service improvement programs for the specific benefit of New York operations.

A former Time Warner Cable call center.

Much of this money was apparently spent on a new national Spanish language call center based outside of New York.

A large proportion of the rest of Charter’s investment was spent on changing signs on Time Warner Cable stores and rebranding them as Spectrum, deploying new self-service apps and services Charter would have released on its own regardless of this requirement to reduce expensive customer service contacts, and moving towards customer self-install kits instead of sending out a cable technician to cut Charter’s own costs.

Charter has already spent money on rebranding its service trucks and buying more of them to not send to your house if they can avoid it.

Charter also reported it will spend a portion of that mandatory investment on opening a new Charter Cable Store in Washington Heights, in a “culturally diverse neighborhood in the northern portion of the New York City borough of Manhattan.” Almost all the staff will be bi-lingual.

And to deal with the long lines at Charter’s cable stores, an upgraded queuing system will be bought to allow customers to check-in to “a virtual line.”

Next year, it will spend money on a new on-screen cable guide.

Reducing Customer Complaints

Now more than ever, dissatisfied former Time Warner Cable customers can have a major impact on Charter’s ability to achieve a real reduction in the number of complaints filed by New Yorkers with the PSC. Charter is required to show a 17.5% reduction in complaints over 2014 numbers and a 35% reduction by 2020.

All Charter can report for now is that “the company is making major investments in various customer service initiatives which may have a positive impact on these complaint rates in the future.”

If you are unhappy with your service, filing a PSC complaint may get much greater attention than ever before because it threatens Charter’s ability to meet the terms of its agreement with the state, and could get the company fined.

Data Caps

While former FCC Chairman Thomas Wheeler managed to get up to a seven-year commitment from Charter not to impose data caps on residential customers, Charter has deleted that reference in its annual update to New York regulators, perhaps with the assumption current FCC Chairman Ajit Pai can be relied on to eventually eliminate that pro-consumer benefit of the transaction.

For New Yorkers, Charter will only guarantee it will not introduce data caps on its broadband service for the next three years, ending May 17, 2019. In other states, should the FCC eliminate the data cap ban included in Charter’s merger agreement, the company can apply data caps immediately.

Who you voted for in the last presidential election could make all the difference between having data caps and not having data caps in 2020.

Any opportunity to paint Hillary Clinton as an out-of-touch politician rarely escapes the Beltway crowd and some of the media that covers it. Unfortunately, rural America’s broadband problems also get dismissed in the process.

After a 35-minute Hillary Clinton interview with Christiane Amanpour, one takeaway line about how the former presidential candidate felt about rural job creation was seized on by the folks inside-the-D.C. Beltway and used to mock and belittle her:

“If you don’t have access to high-speed, affordable broadband, which large parts of America do not, [large employers will overlook your town]. If you drive around in some of the places that beat the heck out of me, you cannot get cell coverage for miles. And so, even in towns — so, the president was in Harrisburg. I was in Harrisburg during the campaign, and I met with people afterward. One of the things they said to me is that there are places in central Pennsylvania where we don’t have access to affordable high-speed internet.”

As any reader of Stop the Cap! knows, those are very legitimate points. The video embedded below has several more. Available robust internet access at affordable prices attracts employers. Just ask the city of Chattanooga, Tenn.

Anyone who has traveled mountainous central Pennsylvania knows exactly what Mrs. Clinton is talking about. These communities are served by Frontier Communications and Verizon, and the best either company will offer, if you’re lucky, is basic DSL service. There are significant parts of Pennsylvania with no cable provider, and with terrain that often resembles West Virginia — another difficult-to-serve state — wireless is not so great either.

Long term rural Pennsylvanians decried the day the last analog cellular network was switched off. They routinely outperformed the digital network that replaced it in fringe reception zones. Many residents have to use indoor cell tower extenders provided by companies like Verizon Wireless and AT&T to get stable cellular reception, and many rural towns are either a total wireless dead zone or are filled with dead spots where reception evaporates.

Competition from Sprint and T-Mobile don’t mean much in rural Pennsylvania, because neither offer any reception in significant sections of the state, and AT&T and Verizon Wireless can be only nominally better in some areas.

Areas where at least 25Mbps broadband is available in Pennsylvania (Blue – Cable, Brown – Fiber) (Map courtesy of Pennsylvania Department of Community Economic Development)

So like much of the Appalachians, rural broadband is a very big problem in central Pennsylvania. Candidate Clinton proposed spending billions to augment rural broadband service, presumably by offering matching funds and grants to rural telephone companies. Although saddling rural areas with indefinite DSL service is not an ideal solution, it offers more than the Trump Administration’s apparent willingness to coddle incumbent providers with more deregulation and less oversight.

But the D.C. chattering class ignored the entire question of rural broadband problems in America and according to the Washington Post, selectively edited Mrs. Clinton’s statement into a whiny complaint she couldn’t get enough bars on her cell phone while campaigning in areas across the state where she ultimately lost:

“You cannot get cell coverage for mile,” Clinton says of the places that voted against her.

— Phil Elliott (@Philip_Elliott) May 2, 2017

Elliot is a reporter for Time magazine. If he can take her quote out of context on Twitter, is that a routine practice in Time magazine as well?

Clinton NOW talking about Pennsylvania, rural cell service. Uhhh.

— Zach Wolf (@zbyronwolf) May 2, 2017

Zach Wolf manages @CNNPolitics for the cable news channel. That does not inspire confidence in CNN.

Is @HillaryClinton adding cell coverage to “List of reasons not including myself why I lost” list? https://t.co/SaE3lzCkAm

— Clinton Soffer (@clintonsoffer) May 2, 2017

Clinton Soffer is a regional National Republican Senatorial Committee director, so his shot is at least politically predictable, but easy enough to identify as partisan.

Of course, nobody is talking about the real issue, which isn’t whether Hillary Clinton is a limousine liberal or not. It’s the bipartisan problem of downright lousy or non-existent rural broadband, a problem that incumbent providers won’t do much about unless the government arm-twists them into expansion when companies launch another merger or acquisition that needs government approval, or better yet for them, if taxpayer or ratepayer dollars help foot the bill.

At the same time this kerfuffle was going on, a private company selling VPN services decided to embark on a questionable survey asking whether Americans think broadband is a “human right” or simply a nice thing to have if you can get it.

Results of survey conducted by AnchorFree, which sells VPN services to consumers.

In April, AnchorFree surveyed an audience of over 2,000 consumers, ages 18+ about online privacy. This survey was completed online and was completely anonymous — two points that rendered it largely useless for actual opinion measurement. Online surveys are notoriously unreliable because they are heavily weighted toward those that found the survey on a website most Americans would not likely have visited, and AnchorFree offers no reliable evidence of an appropriate measurement of different demographic groups to get a properly mixed sample of opinions. In this case, we predict about 80-90% of respondents were young, male, and paranoid enough about online security to warrant shopping around for a VPN provider. But the survey does at least highlight the real issue of “not my problem” thinking that impacts on rural broadband public policy.

AnchorFree’s study asked these 2,000 visitors to its website whether they felt the internet was a “human right” or a privilege. That question was more weighted than a circus elephant, because it suggests Americans were entitled to a broadband account, presumably paid for by the government. Only one out of three respondents agreed it was “a human right.” The survey mentioned the language came from a United Nations declaration, without linking to it, which is another surefire way to get about the half the country riled up enough over the UN to stampede in the other direction.

Nobody responsible for the survey explained the premise for the UN declaration, which was first to declare broadband an extension of freedom of expression, so long as it was affordable, available, and uncensored.

It is easy to demagogue Lifeline phone service and affordable broadband as a type of welfare, as Drudge Report did in 2015.

“The Special Rapporteur underscores the unique and transformative nature of the Internet not only to enable individuals to exercise their right to freedom of opinion and expression,” according to the report’s summary, “but also a range of other human rights, and to promote the progress of society as a whole.”

It did not say broadband should be free of charge, but at least it should be available. That means just as electricity and telephone service are available today to every American that wants either or both, so should broadband.

The very thought of someone effectively paying for someone else’s broadband service went down about as well as increasing welfare benefits with survey respondents. Some people also love to make decisions on behalf of others, which is why the survey also revealed a lot of broadband selfishness. Among those who told AnchorFree broadband was only a privilege, 64% exempted themselves, declaring it was essential to them, while only 18% said it might be essential for others. How nice.

This is why it can be easy to demagogue broadband expansion programs as an unnecessary luxury. AnchorFree’s study isn’t very useful or credible on its own because the questions asked and the responses given appear in context with AnchorFree’s own agenda of peddling its products and services. Its methodology is suspect, but the results are not completely surprising.

How the rural broadband problem is framed in language can make a significant difference in how the problem is tackled. If the survey asked if Americans were in favor of guaranteed universal access to quality broadband service, the results would likely have been more favorable. Hillary Clinton’s campaign had not pledged this and her broadband platform was based primarily on spending more money to cajole phone companies to expand their networks, perhaps alluding this alone might solve the problem. It won’t for at least the last 1-2% of unserved America, because those last users will be hellishly expensive to reach. But Mrs. Clinton, and rural America, deserved something more than cheap shots about cell phone reception as part of the media’s narrative she was out of touch with rural voters. On the issue of broadband, she put her finger precisely on the problem after just visiting the area. The locals have to live with it and there are no signs this will change anytime soon.

In an interview with Christiane Amanpour at a Women for Women International event, Hillary Clinton spoke about creating jobs and the importance of access to high-speed affordable broadband in rural towns. (Women for Women International) (1:12)