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TDS Acquires BendBroadband of Oregon in $261 Million Deal; Nothing Changes for Now

tds_hp_logoCentral Oregon’s independent cable television and broadband company — BendBroadband — has been sold to Telephone and Data Systems (TDS), a Chicago-based telephone company in a deal worth $261 million.

TDS, which also owns southwestern U.S. Baja Broadband and 84 percent of US Cellular, promises nothing will change for the company’s 36,000 cable TV, 41,000 Internet, and 22,000 phone customers “for the foreseeable future.” The company also said it plans to keep BendBroadband’s name and 280 employees.

BendBroadband has provided cable television service in Bend, Redmond, Sunriver, Prineville, Madras, and Sisters as far back as 1955, when it imported long distance KOIN (the CBS affiliate out of Portland), KLOR (Portland’s ABC affiliate), and KVAL-TV (Eugene’s NBC affiliate) for the benefit of viewers that could not receive broadcast television station signals from western Oregon blocked by the Cascade Range — high mountains that separated cities like Portland from Bend.

bendbroadband“While BendBroadband has made many smart investments, it is clear that we will need to join forces with a like-minded company to gain the scale necessary to provide the cutting-edge technology and personalized customer experiences that consumers expect,” BendBroadband’s website says.

The company also felt the cable industry was entering a new era of consolidation, necessitating a sale to improve negotiating power with television networks over programming costs.

FCC’s Tom Wheeler Promises to “Preempt” State Laws Banning Municipal Broadband

LUS Fiber if Lafayette, La., municipal broadband provider.

LUS Fiber is Lafayette, La., municipal broadband provider.

During remarks at the National Cable Show in Los Angeles, FCC chairman Thomas Wheeler promised he would stimulate more broadband competition by overriding state laws that presently restrict or ban municipal broadband networks.

“One place where it may be possible is municipally owned or authorized broadband systems. I understand that the experience with community broadband is mixed, that there have been both successes and failures. But if municipal governments—the same ones that granted cable franchises—want to pursue it, they shouldn’t be inhibited by state laws. I have said before, that I believe the FCC has the power – and I intend to exercise that power – to preempt state laws that ban competition from community broadband.”

After making the remarks, a debate has emerged over the exact definition of “preempt.” With at least 20 states limiting or banning community-owned broadband networks, the FCC would have to overturn or invalidate the state laws to render them moot.

At least one judge — Laurence Silberman — believes the FCC has the authority to take “measures that promote competition in the local telecommunications market or other regulating methods that remove barriers to infrastructure investment.” In a footnote, Silberman wrote that “[a]n example of a paradigmatic barrier to infrastructure investment would be state laws that prohibit municipalities from creating their own broadband infrastructure to compete against private companies.”

A FCC spokesperson, in response to inquiries about Wheeler’s remarks, was less conclusive.

“It’s too early to say how [Wheeler] will address existing state laws,” said the spokesperson.

That leaves open the question about whether the FCC intends to cancel existing state laws or simply prohibit new ones from being enacted. That distinction could make a tremendous difference in states like North Carolina, where a fierce battle over protecting municipal broadband was lost when Republicans took control of the state government. Telecom lobbyists, often working under the auspices of the American Legislative Exchange Council (ALEC) have either directly banned municipal broadband networks from getting off the ground or placed so many restrictions on service to make projects untenable.

The Consumerist points out in Pennsylvania, municipal broadband is only allowed in communities if a telephone company does not provide any type of broadband to anyone in their service area. In Nevada, only towns with fewer than 25,000 people or counties with 50,000 can host community-owned broadband networks — numbers likely too low to sustain such a venture financially.

N.J. Approves Verizon-Friendly Settlement; Verizon Now Off the Hook for Fiber Upgrades

bpuThe New Jersey Board of Public Utilities today voted unanimously to approve a Verizon-friendly settlement that lets the phone company off the hook for its 1993 commitment to offer broadband service to every resident in the state who wants it.

Critics call the decision a “total capitulation” by state regulators that proved “very amenable to Verizon’s agenda.”

Verizon will now be allowed to substitute its costly, usage-capped, high-speed 4G LTE wireless service in rural areas instead of expanding DSL or its fiber optic network FiOS.

Verizon won deregulation two decades ago in an agreement known as “Opportunity New Jersey” in return for a commitment to expand high speed Internet access to all of New Jersey by 2010 — a deadline long missed. Critics charge Verizon collected as much as $15 billion in unregulated service revenue it would have otherwise never received, yet stopped its fiber optic rollout more than two years ago.

A number of rural New Jersey communities including Hopewell, Alloway and Pilesgrove townships opposed Verizon’s settlement proposal because it would let the company walk away from its earlier commitments and leave parts of southern New Jersey without any broadband service. Now those communities may eventually be served by Verizon Wireless, but at a significant cost starting at $50 a month for up to just 4GB of broadband usage.

Verizon gets to keep its current deregulation framework in place as part of the settlement.

The New Jersey Board of Public Utilities consists of five commissioners all appointed by the governor and confirmed by the state Senate for six year, staggered terms. Gov. Chris Christie’s appointees now dominate the BPU, and critics charge he uses the regulatory agency as a political patronage dumping ground. Earlier this year, he faced criticism for appointing the wife of a longtime Christie ally to lead the board. Dianne Solomon served on Christie’s transition team and brought a very thin resume to the position — serving as a paralegal and an umpire certified by the United States Tennis Association.

AT&T’s Magic Fairyland U-verse GigaPower Fiber “Expansion”: Don’t Hold Your Breath

Fairy_Tales3One of the first lessons a good magician learns is that to best impress an audience, one has to at least show an actual rabbit going into the hat before making it disappear.

AT&T is no David Copperfield. In its latest sleight of hand, AT&T today announced a major potential expansion of its U-verse GigaPower fiber to the home network to 21 major cities across its landline service area, with future plans to expand to as many as 100 eventually.

“We are excited to bring GigaPower to 100 cities and towns,” Lori Lee, head of AT&T’s U-verse unit, said in a phone interview with Bloomberg, which accompanied a press release. “We will work with local officials as we look for areas of strong demand and pro-investment policy.”

Among the cities slated to get fiber upgrades are Austin and Kansas City — where AT&T will face competition from Google Fiber. But AT&T isn’t bothering to compete head-on with any municipal fiber providers like Chattanooga’s EPB, Wilson, N.C.’s Greenlight, or Lafayette, La.’s LUSFiber. North Carolina, Texas and California are the states with the most cities chosen to potentially get upgrades.

But AT&T has yet to fully deliver on its earlier promise to deploy fiber to the home service in Austin, where single home residential customers have usually been stymied by general unavailability of the fiber service. AT&T has consistently refused to say exactly how many customers have actually been able to sign up for AT&T GigaPower fiber service.

For customers actually able to buy GigaPower, many are already served by an existing AT&T fiber cable. It is not uncommon to find fiber hookups in new housing developments or multi-dwelling units like apartment buildings and condominiums. Most customers don’t realize they are fed service from a fiber cable brought to the back of the building that interfaces with plain old copper wiring, providing service artificially slowed by the company in an effort to provide consistently marketed broadband products.

AT&T GigaPower is easy to provide in these locations with very little extra investment. Tearing up streets and yards to replace copper wiring with fiber optics is another matter, one AT&T has avoided for years by choosing a less costly fiber to the neighborhood approach that leaves existing copper wiring on phone poles and in customer homes largely intact. Moving to fiber to the home service would require AT&T to dramatically boost capital spending to cover the cost of stringing fiber across the backyards of millions of customers.

But earlier this year, AT&T promised investors it was actually planning to cut its budget for capital expenses in 2014 to $21 billion, most of that still earmarked for its profitable wireless network. That is down at least $200 million from 2013. Unless AT&T reneges on its earlier commitment to Wall Street, even David Copperfield couldn’t make fiber to the home service from AT&T magically appear.

Notice the word "may"

Welcome to Neverland. Despite exciting press releases, AT&T has indicated it won’t spend the money required for widespread fiber expansion. But then, AT&T’s own graphics only promise these communities “may” get GigaPower.

In fact, AT&T has been telling investors it is more than halfway done completing its Project VIP effort, which budgeted $14 billion over three years to further expand basic U-verse service, improve its 4G LTE network, and expand rural wireless coverage within AT&T local service areas. Project VIP is integral to AT&T’s plan to eventually walk away from its rural wired infrastructure in favor of a wireless platform providing wireless landline service and 4G wireless broadband.

To assuage investors fearing AT&T is about to pull out the credit card and go on a fiber broadband shopping spree, AT&T carefully notes towards the bottom of its press release, “this expanded fiber build is not expected to impact AT&T’s capital investment plans for 2014.”

In other words, AT&T is not committing any money not already earmarked as part of Project VIP for its fiber expansion.

Without that money, if you live in a single-family residential home and are currently served by AT&T copper wiring, it is very unlikely the company will offer fiber upgrades anytime soon.

So why is AT&T promising vaporware upgrades it cannot possibly manage on its current budget?

AT&T will work with local leaders in these markets to discuss ways to bring the service to their communities. Similar to previously announced metro area selections in Austin and Dallas and advanced discussions in Raleigh-Durham and Winston-Salem, communities that have suitable network facilities, and show the strongest investment cases based on anticipated demand and the most receptive  policies will influence these future selections and coverage maps within selected areas. This initiative continues AT&T’s ongoing commitment to economic development in these communities, bringing jobs, advanced technologies and infrastructure.

This expanded fiber build is not expected to impact AT&T’s capital investment plans for 2014. – See more at: http://about.att.com/story/att_eyes_100_u_s_cities_and_municipalities_for_its_ultra_fast_fiber_network.html#sthash.Nh31BZEu.dpuf
This expanded fiber build is not expected to impact AT&T’s capital investment plans for 2014. – See more at: http://about.att.com/story/att_eyes_100_u_s_cities_and_municipalities_for_its_ultra_fast_fiber_network.html#sthash.Nh31BZEu.dpuf
This expanded fiber build is not expected to impact AT&T’s capital investment plans for 2014. – See more at: http://about.att.com/story/att_eyes_100_u_s_cities_and_municipalities_for_its_ultra_fast_fiber_network.html#sthash.Nh31BZEu.dpuf
This expanded fiber build is not expected to impact AT&T’s capital investment plans for 2014. – See more at: http://about.att.com/story/att_eyes_100_u_s_cities_and_municipalities_for_its_ultra_fast_fiber_network.html#sthash.Nh31BZEu.dpuf
Phillip "AT&T has a larger agenda here and it isn't fiber" Dampier

Phillip “AT&T has a larger agenda here and it isn’t fiber” Dampier

For years, AT&T’s lobbyists have promised politicians everything under the sun — telecom nirvana — if only Ma Bell can be unshackled by burdensome regulations. Some states have accepted AT&T’s deal only to find their residents’ phone bills rapidly increasing with no corresponding improvement in service. U-verse is AT&T’s effort to stay relevant at a time when mobile phones are replacing landlines and cable companies have poached a number of their customers.

But in return for that deregulation, AT&T delivered an cheaper, inferior fiber-to-the-neighborhood technology that requires hideously large infrastructure cabinets, often installed in front of customer homes, that has trouble keeping up with cable broadband speeds.

But nothing ever satisfies AT&T.

Recently, their lobbyists have been skulking around in the shadows of state legislatures ghostwriting new bills that would permit AT&T to abandon its rural landline customers altogether to focus on the far more profitable wireless business. But consumer groups have gotten wise to AT&T’s astroturf and lobbying efforts and have begun to limit their successes.

Meanwhile, along comes Google, promising groundbreaking, affordable fiber to the home gigabit broadband service to a handful of communities willing to work with them in a de facto partnership — cutting through bureaucratic red tape to facilitate infrastructure upgrades — a radical change from the traditional regulator-provider framework.

Hundreds of cities fell all over themselves competing for the privilege, and it didn’t require a penny in lobbying or campaign contributions.

Where Google has been willing to offer service, most communities have been more than thankful and have made life easier for the creative entrant.

If it worked for Google, why can’t it work for AT&T? As a result, the company that spent years telling customers fiber upgrades didn’t make any sense and that few people actually needed gigabit speeds, AT&T might appear to have reversed course. Dig a little deeper and you find a deeper agenda:

“Communities that have suitable network facilities, and show the strongest investment cases based on anticipated demand and the most receptive policies will influence these future selections and coverage maps within selected areas.”

Translation: Communities that already have considerable fiber infrastructure previously installed and are willing to bend to the business and public policy agenda of AT&T will make all the difference whether your city will be considered for a future fiber upgrade or not.

In the end, even if a community does everything AT&T asks of it, it still has no commitment AT&T will actually deliver the fiber upgrades they only promise “may” happen. But AT&T will have achieved its public policy goals of abolishing regulations and limiting oversight, all without have to install a single strand of fiber.

That is a deal community leaders should think twice about making with a company that has always looked out for its investors long before its customers.

Verizon Wireless to Acquire Central California’s Golden State Cellular

Phillip Dampier April 15, 2014 Competition, Consumer News, Public Policy & Gov't, Rural Broadband, Verizon, Wireless Broadband Comments Off on Verizon Wireless to Acquire Central California’s Golden State Cellular

golden_state_cellular_logo_2The cell phone provider serving Yosemite National Park and the surrounding California counties of Tuolumne, Calav­eras, Amador, Alpine and Mari­posa has been acquired by Verizon Wireless.

The independent Golden State Cellular provides cell service in rural areas of the Mother Lode and cen­tral Cal­i­for­nia, largely bypassed by larger carriers since 1989.

Verizon had maintained a minority interest in the cellular company for several years and provided roaming service for the company outside of its home areas.

GSC operates as a partnership between several regional independent telephone companies.

Verizon would provide funding for 4G LTE upgrades and potentially expand coverage in tourist areas around the region.

The acquisition is awaiting FCC approval.

 

 

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