Verizon “redacted” hundreds of pages of information about its controversial Voice Link project, including its User’s Guide.

Verizon today lost its appeal to keep company documents about its controversial Voice Link wireless landline replacement away from company critics that allege the company is intentionally undercutting its landline network and redirecting investment towards its more profitable wireless service.

In a 20-page decision published this afternoon, Kathleen Burgess blamed Verizon for hurting its own case with excessive secrecy.

“But for Verizon’s failure to submit documents with fewer redactions, as directed by the Records Access Officer (RAO), it might have satisfied its burden of proof,” that the company would suffer harm if it released proprietary information that could be accessed by competing providers, ruled Burgess.

Burgess took a dim view of Verizon’s attempt to claim blanket confidentiality for its Voice Link project, even including a redaction of Voice Link’s User’s Manual — the same one given to customers subscribing to the service. Burgess noted in response to a Freedom of Information Law (FOIL) request from consumer groups, Verizon responded with “13 documents – 330 pages – with blanket redactions except for the page headings and page numbers.”

Verizon needed to meet its burden of proof by “presenting specific, persuasive evidence that disclosure will likely cause it, or another affected enterprise, to suffer a competitive injury.”

“Verizon apparently believes that it is possible to meet the burden of protecting information under FOIL by providing a cogent and persuasive explanation of how a competitor could use the information and why it is likely to lead to harm,” Burgess observed (emphasis ours). “As an initial matter, [Verizon] has not parsed out each of the 13 documents and demonstrated how each, if disclosed, would competitively injure it. Instead, Verizon is attempting to obtain a blanket exemption for all 13 documents by summarily stating that disclosure would enable competitors to obtain, for free, information on processes that the company developed at considerable expense and effort. Verizon has, however, failed to demonstrate, in adequate detail, how the complete disclosure of all 13 documents would result in substantial competitive injury.”

Verizon hurt its own case by “co-mingling” detailed cost information that might otherwise win confidentiality with the Public Service Commission with less proprietary marketing information and even publicly available documents and then redacted all of them, according to Burgess.

As a result, Verizon lost its case:

The Commission recognizes that limiting competitor access to proprietary material is an important policy. Exemptions are to be narrowly construed, however. The entity resisting disclosure bears the burden of proof and, therefore, must demonstrate a particularized and specific justification for denying access to the subject documents. Absent such a showing of competitive injury covering each document that comprises the response, the speculative concerns articulated by Verizon are not enough to sustain the company’s burden of proving that the information should remain protected as trade secret materials.

[…] Under FOIL case law, the burden is on Verizon to demonstrate a particularized and specific justification, supported by evidence, for denying access to the documents at issue and, inasmuch as Verizon has failed to meet its burden, I uphold the RAO’s November 4, 2013 Determination.

Absent a court order or later ruling, full versions of the blacked-out documents may become public two weeks from today.

The Australian government’s proposal to launch a nationwide fiber to the home National Broadband Network (NBN) has been scrapped by the more conservative Liberal-National Coalition that replaced the Labor government in a recent election.

As a result, the Coalition has announced initial plans to revise the NBN with a mixture of cheaper technology that can result in faster deployment of lower speed broadband at a lower cost. If implemented, fiber to the home service will only reach a minority of homes. In its place,  cable broadband may be the dominant technology where cable companies already operate. For almost everyone else, technology comparable to AT&T U-verse is the favored choice of the new government, mixing fiber-to-the-neighborhood with existing copper wires into homes..

[flv]http://www.phillipdampier.com/video/ABC Malcolm Turnbull moves to put Coalitions stamp on NBN Co 9-24-13.mp4[/flv]

Australia’s new Communications Minister moves to put the Coalition government’s stamp on the National Broadband Network, replacing most of the promised fiber-to-the-home technology with a service comparable to AT&T U-verse. From ABC-TV (6:32)

Just a year earlier Telstra, Australia’s largest phone company, was planning to decommission and scrap its copper landline network, considered “five minutes to midnight” back in 2003 by Telstra’s head of government and corporate affairs, Tony Warren. Now the country will effectively embrace copper technology once more with an incremental DSL upgrade, forfeiting speeds of up to 1,000Mbps over fiber in return for a minimum speed guarantee from the government of 24Mbps over VDSL.

The turnabout has massive implications for current providers. Telstra, which expected to see its prominence in Australian broadband diminished under Labor’s NBN is once again a rising star. The Liberal-National Coalition government appointed Telstra’s former CEO Ziggy Switkowski to run a “rebooted” Coalition NBN that critics are now calling Telstra 3.0. Communications Minister Malcolm Turnbull also installed three new members of the NBN’s governing board consisting of a Telstra executive, a founder of a commercial Internet Service Provider, and an ex-construction boss who left the NBN in 2011.

[flv]http://www.phillipdampier.com/video/ABC Malcolm Turnbull Outlines NBN Review 9-24-13.mp4[/flv]

ABC reports Communications Minister Malcolm Turnbull asked for the resignations of the entire NBN board, one of the first steps to re-envision the NBN under the Liberal-National Coalition’s party platform. Turnbull accused the former government of setting political targets for fiber broadband and was never forthcoming about the true cost and complexity of the ambitious fiber project. (8:50)

Turnbull

Some Australians complain that NBN’s proposed reliance on Telstra copper is a mistake. Telstra has allowed its landline infrastructure to decline over the years and many are skeptical they will ever see faster speeds promised over wiring put in place decades earlier.

The NBN under the Liberal-National Coalition will depend heavily on two copper-based technologies to deliver speed enhancements: VDSL and vectoring. Both require short runs of well-maintained copper wiring to deliver peak performance. The longer the copper line, the worse it will perform. If that line is compromised, VDSL and vectoring are unlikely to make much difference, as AT&T has discovered in its effort to roll out faster U-verse speeds, much to the frustration of customers that cannot upgrade until AT&T invests in cleaning up its troubled copper network.

Coalition critics also warn the new government will foolishly spend less on a fiber-copper network today that will need expensive fiber upgrades tomorrow.

Turnbull isn’t happy with Australia’s mainstream media for lazy reporting on the issues.

ABC Radio reports that the Coalition’s approach to the NBN may be penny-wise, pound foolish. By the time the NBN rolls out fiber to the neighborhood and Telstra is required to invest in upgrades to its copper network to make it work, fiber to the home service could turn out to have been cheaper all along. (5:11)
You must remain on this page to hear the clip, or you can download the clip and listen later.

“I have to say that by and large the standard of reporting of technology and broadband by the mainstream media has been woeful,” Turnbull said. “If the Australian public are misinformed about these issues, it was in large part a consequence of the unwillingness of the mainstream media to pay any attention to what is really going on in the industry.”

The promise of fiber optic broadband may prove elusive under the new government.

With much of the new NBN dependent on Telstra’s copper telephone network, Stuart Lee, Telstra’s managing director of its wholesale division, rushed to defend the suitability of the same copper network Telstra was prepared to scrap under the last government.

Lee said he was especially annoyed with critics that call Telstra’s copper networking “aging.”

“The other thing that makes me cross when I hear it, and I see it a lot in the press is the talk of the aging copper network. It’s not. It’s not an aging copper network. It’s like grandfather’s axe; it’s had five new handles and three new heads. When it breaks, we replace the broken bit. So it’s much the same as it always has been and always will be,” Lee said. “It’s just an older technology, it’s not that the asset itself has deteriorated.”

When questioned about several recent high-profile mass service disruptions Australians experienced on Telstra’s landline copper network, Lee blamed the weather, not the network.

“They correlate to weather events, and the weather events we’ve had in the last [few years] is about five to six times the previous ones, so surprise surprise there is a lot more damage,” said Lee.

The new government has charged the Labor-run NBN with inefficiency, taxpayer-funded waste, and playing politics with broadband by giving high priority to fiber upgrades in constituencies served by threatened Labor MPs. Lee added NBN Co has played loose with the facts, declaring premises “passed” by the new fiber network without allowing customers to order service on the new network. That can become a serious problem, because the NBN plan calls for customers’ existing copper phone and DSL service to be decommissioned soon after the fiber network becomes available.

The Sydney Morning Herald compared the last Labor government’s broadband policy with the new Coalition government policy.

iiNet’s chief technology officer, John Lindsay said that the potential for disconnecting customers from the ADSL network while they still can’t order NBN service was “madness.”

The Labor government’s NBN has also been under fire for a pricing formula that includes a usage component when setting prices. Impenetrably named the “connectivity virtual circuit” charge, or CVC, the NBN charges retail providers a monthly connection fee for each customer and a usage charge that includes a virtual data allowance originally set at 30GB. Retail providers are billed extra when customers exceed the informal allowance. Although the government promised to reduce the charges, they effectively haven’t and likely won’t until 2017.

Lindsay called the CVC an artificial tax comparable to the Labor government’s carbon tax, and represents a digital barrier to limit customer usage.

“It’s a tax on packets,” Lindsay said.

[flv]http://www.phillipdampier.com/video/ABC NBN Copper 11-19-13.mp4[/flv]

Tasmanian residents complain NBN Co’s new fiber network is claimed to be available, but actually isn’t in many neighborhoods now scheduled for disconnection from Telstra’s copper landline and DSL network. (2:17)

A portion of your cable bill pays for much more than programming, with millions diverted to Koch Brothers-backed astroturf groups, tea party candidates, fat paychecks for former public officials taking a trip through D.C.’s revolving door, and generous allowances for travel  expenses racked up by high-flying industry lobbyists.

The Center for Public Integrity took a trip through the 2012 tax return of America’s top cable trade group: the National Cable & Telecommunications Association (NCTA), which collected $60 million last year in membership dues from America’s top cable operators, who in turn were reimbursed by you when paying your monthly cable bill. They needed a shower when the journey was over.

NCTA president and CEO Michael K. Powell, the former chairman of the Federal Communications Commission during President George W. Bush’s first term, was well compensated in his new role representing the same cable industry he used to barely oversee, taking home more than $3 million in pay last year. Eight other employees, including NCTA’s executive vice-president, collectively cleared over a million dollars in salary according to the groups’ Form 990 filed with the Internal Revenue Service.

The revolving door at NCTA headquarters is kept well-greased, with 78 out of 89 federal-level NCTA lobbyists formerly working in government jobs representing the American people. Now they work for the interests of Comcast, Time Warner Cable, and other large operators.

Collectively, the NCTA spent $19 million on lobbying activities last year, much of it bankrolling “dark money” groups that refuse to disclose their donors and consider it their life mission to defeat President Barack Obama and blockade Democrats in Congress — the ones still most likely to demand more oversight and regulation of the free-spending cable industry. Among the groups receiving cable’s cash:

Americans for Prosperity, which received $50,000, spent $33.5 million opposing Obama during the 2012 election cycle, according to the Center for Responsive Politics, a nonpartisan group that tracks campaign spending. Americans for Prosperity often supports Tea Party causes and candidates and is the main political arm of billionaire industrialists Charles and David Koch. As the Center reported Thursday, the group spent a staggering $122 million overall in 2012. Americans for Prosperity is also actively involved in blocking community-owned broadband projects and advocates passing laws forbidding communities getting into the broadband business if a cable company got there first. Now you know why.

Phil Kerpen with Glenn Beck

Americans for Tax Reform, which received $50,000, spent $15.8 million on the 2012 federal election, according to the Center for Responsive Politics. The group’s president and founder, Grover Norquist, is famous for his Taxpayer Protection Pledge, by which legislators and candidates promise to oppose all tax increases. The cable industry is also an advocate of tax forgiveness policies that would let cable operators repatriate the cash they stashed overseas, avoiding the same taxman they snuck around opening overseas bank accounts.

American Commitment, which received $10,000, spent $1.9 million on the 2012 federal election to advocate for and against political candidates — mostly to help U.S. Sen. Jeff Flake (R-Ariz.) defeat Democrat Richard Carmona. American Commitment also spent some of its money to oppose Sen. Tim Kaine (D-Va.) and Obama. American Commitment Founder and President Phil Kerpen is the former policy and legislative strategist at Americans for Prosperity and previously worked at Club for Growth, another group that doesn’t disclose its donors. Kerpen joined Glenn Beck on his program in 2009 to nod agreement when Beck hopped aboard the crazy train suggesting the Obama Administration’s support for Net Neutrality represented a Marxist-Maoist takeover of the Internet. Silly Beck, doesn’t he realize AT&T already called dibs?

The Center for Individual Freedom, which received $20,000, has been actively fighting against proposals for increased disclosure of donors to politically active nonprofits. It spent $1.8 million during the 2012 election cycle mostly opposing Democratic congressmen Steven Horsford, Bill Owens and Dan Maffei, all from New York.

‘Your money is always good here, whether it comes from AT&T or the cable industry.’ — LULAC

The cable industry also bankrolls a number of our “favorite” sock puppet groups that reflexively support cable’s cause even when straying far beyond their alleged core missions and constituencies the groups claim to represent. Among those on cable’s payroll, sharing $5.8 million in “grant” funding, are some very familiar names to any regular Stop the Cap! reader:

• The Congressional Black Caucus Foundation
• The National Association for the Advancement of Colored People
• LULAC
• The National Gay & Lesbian Chamber of Commerce
• The National Urban League

The largest grant – $2 million, went to the industry mouthpiece Broadband for America, the largest telecom industry astroturf group in the United States, featuring honorary Democratic co-chairman Harold Ford, Jr., who now spends most of his life in MSNBC green rooms after being bounced from office in a failed Senate bid in 2006.

Ford landed on his feet after losing the election, fleeing Tennessee for big money New York, peddling his inside the beltway influence to Merrill Lynch, winning him the position of vice chairman and senior policy adviser, until Merrill Lynch nearly collapsed in the Great Recession and was bailed out by U.S. taxpayers. Ford kept his $2 million annual salary and bonuses, but it wasn’t enough.

He quickly upgraded to a senior managing director at Wall Street firm Morgan Stanley, supplying him with enough cash to buy a $3 million co-op in a tony Manhattan neighborhood.

Broadband for America, brought to you by America’s Big Telecom companies.

From his perch in New York City, Ford pretends to know what is best for the little people across America suffering from no broadband, rationed access, or overpriced service.

His answer: buy it, if you can, from your cable company.

Ford’s co-chair at BfA is former Republican Sen. John Sununu who, by the way, also happens to sit on the board of Time Warner Cable. Need we say more?

There is no reason NCTA lobbyists shouldn’t travel in style when performing their advocacy efforts either. In 2012, they ran up nearly $800,000 in travel expenses.

Unsurprisingly, nobody involved was willing to comment.

Horse and buggy broadband in the slow lane.

One of Australia’s largest broadband suppliers has declared the country’s satellite solution for rural broadband hopelessly overloaded to the point of being “almost unusable” and has stopped selling access.

iiNet announced this week it would no longer sign up new customers of NBN Co’s rural satellite network because the service is oversold in their view.

“We could not continue to offer a service markedly below both our own and our customers’ expectations,”  iiNet’s chief executive Michael Malone said in a statement. “During occasional peak periods the service was so slow as to be almost unusable. As more people are added to the network, quality will only decline further. In the absence of any action by NBN Co to increase transmission capacity, I call on the rest of the industry to respect their existing customers and also cease sale.”

NBN Co, however, claimed it still had room for an extra 5,000 customers — mostly on its spot beam targeting central and western Australia. A spokesperson for the satellite venture did admit satellite beams covering NSW, Tasmania and Queensland were near capacity. NBN Co is investigating leasing more bandwidth on board the satellite, but cost concerns may make that impossible.

The venture claims 48,000 Australians can satisfactorily share the interim satellite broadband service, which is supposed to offer 6Mbps speed. But as Australians join others around the world favoring online video and video conferencing over services like Skype, those original estimates have to be scrapped. In the evenings, some customers report speeds drop below 56kbps or the service simply freezes up and stops working altogether. In response, NBN has adopted a strict monthly usage limit of 9GB and has told customers they will likely have to wait up to two years for a capacity increase.

The government is planning to launch two new custom-made satellites in 2015 to ease capacity concerns. NBN Co claims the two satellites will deliver 25/5Mbps service for 200,000 rural Australians, assuming usage estimates of today’s average broadband user.

Critics contend satellite broadband is not a good long-term solution except in the most rural of sparsely populated areas. Although providing wired service may be too costly, ground-based wireless services could be the most capable technology to contend with future demand and capacity concerns.

iiNet and other ISPs may already be headed in that direction. Some are advising customers to choose fixed wireless options from Australia’s cell phone providers, although those plans are heavily capped and very expensive.

Broadband availability has a direct impact on property sales in rural Australia. A couple that purchased a home in Mount Bruno, near Wangaratta in north-east Victoria discovered only after closing the deal that NBN Co would not sell them satellite broadband because the spot beam targeting Victoria was full.

The couple needs Internet access for work and their telephone line is unsuitable for ADSL. Mobile broadband in the Mount Bruno area is sub-par and expensive as well. As a result, the couple will have to rent office space in Glenrowan or Wangaratta that qualifies for wired broadband until at least 2015, when the next NBN satellite is launched.

iiNet regrets having to turn customers away.

“At its peak, we had 500 customers signing up every week for our NBN satellite services. There is clearly a significant demand for higher quality broadband in remote Australia, and we’re absolutely gutted that we’ve had to withdraw this crucial service from sale,” said Malone.

Verizon’s Home Phone Connect base station

Despite assertions that Verizon created Voice Link as a solution for customers suffering from chronic landline problems, in reality the wireless landline replacement is nearly identical to Verizon Wireless’ Home Phone Connect and was produced only because of a complicated business relationship the wireless carrier had with its part owner Vodafone.

A Verizon spokesman told Stop the Cap! in June Voice Link was created for use where Verizon’s copper customers had chronic repairs issues:

Verizon will maintain the copper network where it makes customer service and business sense to do so.  Please keep in mind that the vast majority of our copper customers have no issues at all with their service; we are only considering the universe of customers where the copper network is not supporting their requirements.  Again, the exception is the storm-impacted areas in the western portion of Fire Island and a few New Jersey Barrier communities where copper facilities were damaged beyond repair.  In these locations Voice Link will be the single voice option available to customers. Verizon will offer these customers the opportunity to use our state-of-the-art, tried and tested wireless network at the same rate (or better) that they pay today.

Business sense appears to have played a great deal in Verizon’s strange decision to produce and market two nearly identical products. Hired by Verizon, William E. Taylor, a special consultant with National Economic Research Associates, Inc., testified last week that both Voice Link and Home Phone Connect are intended to compete in the landline replacement marketplace:

Home wireless services are a rapidly growing alternative to wireline plain old telephone service for many customers throughout New York State. In competition with Verizon’s Voice Link service, AT&T offers a Wireless Home Phone and Internet service with unlimited nationwide voice service at $20 per month with broadband internet service at higher prices, wherever its 4G LTE network is available. Sprint offers a competing wireless home service at $20 per month, as does U.S. Cellular. Wal-Mart sells its comparable Straight Talk prepaid wireless home voice service for $15 a month together with additional optional prepaid broadband internet access service. These offerings are similar to Verizon Wireless Home Phone Connect service, and differ in some features from Verizon New York’s Voice Link service but compete directly with both services.

Thus, one immediate and real competitive effect of the public release of Verizon’s wireline and Voice Link cost data would be to enable these four competitors (and others) to assess Verizon’s price floor for wireline voice service as an element in pricing their wireless home network services and calculating the profitability of expanding their wireless networks to provide wireless home phone service on Fire Island and elsewhere.

Verizon Voice Link

Taylor’s provided his declaration as part of Verizon’s case not to reveal certain documents (for competitive reasons) to the public about Voice Link deployment in New York and New Jersey. Verizon has offered Voice Link either as an option or, originally, as a sole landline replacement in areas considered uneconomical for landline restoration. But Taylor’s testimony also suggests Voice Link wasn’t necessarily created to solve chronic landline problems or replace landlines in natural disaster areas. In fact, Taylor testified Voice Link is just one of several competitors in the landline replacement market, including one from Verizon Wireless. In 2011, Verizon Wireless began national marketing of Home Phone Connect, a home wireless landline replacement product marketed to cord-cutters.

Verizon Communications chief financial officer Fran Shammo explained why Verizon Voice Link and Verizon Wireless Home Phone Connect both exist during remarks at the Wells Fargo Technology, Media & Telecom Conference on Nov. 12. Shammo blamed a complicated business relationship between Verizon, Verizon Wireless, and Vodafone which owned 45% of Verizon’s wireless venture for the near-twin services. The result was an informal “wall” between two Verizon entities, one devoted to landline and FiOS service, the other wireless — both selling essentially the same wireless product.

“The easiest way I can explain this is if you look at our product called Home Phone Connect, which was developed on the wireless side of the house,” Shammo said. “This is the product that you plug into your wall at home, converting the copper wire inside your home to an LTE network for voice. So in essence it is a copper voice replacement product. Now you would think that we would be able to take that same product and market it on the wireline side of the house. But we were prohibited because of governance and affiliate transactions. So the wireline business went out and developed their own product called Voice Link, which now they sell to their copper and DSL customers.”

Shammo admitted creating both Home Phone Connect and Voice Link was “a pretty inefficient way to develop product.”

So when this governance affiliate transaction-wall is taken away, you then can become a much more efficient company to launch one product to your customer, whether it is a wireline product or a wireless product,” he added. Shammo also believes tearing down that wall and tightly integrating Verizon’s wireline and wireless businesses will create “the soft synergies of the new Verizon that we believe we can create here.”

That might be bad news for Verizon’s rural landline customers, because Verizon’s current CEO is no fan of maintaining rural copper landline service when Verizon Wireless can do the job for less money and the open the door to higher profits.

“In […] areas that are more rural and more sparsely populated, we have got [a wireless 4G] LTE built that will handle all of those services and so we are going to cut the copper off there,” said Verizon CEO Lowell McAdam in June of last year. “We are going to do it over wireless. So I am going to be really shrinking the amount of copper we have out there and then I can focus the investment on that to improve the performance of it. The vision that I have is we are going into the copper plant areas and every place we have FiOS, we are going to kill the copper. We are going to just take it out of service and we are going to move those services onto FiOS. We have got parallel networks in way too many places now, so that is a pot of gold in my view.”

The wall that divided Verizon and Verizon Wireless may eventually be rebuilt between rural landline customers transitioned to wireless service as the only available landline replacement technology and urban and suburban customers offered Verizon’s fiber-to-the-home service FiOS.