Malone

Dr. John Malone is a force to be reckoned with and the British are about to get an introduction with this morning’s announcement Liberty Global has acquired Virgin Media in a blockbuster $16.3 billion acquisition deal that will make Malone and Liberty one of the biggest broadband providers in the world. (The deal is valued at $23.3 billion after Liberty agrees to take on Virgin Media’s existing debts.)

Malone will take control of Britain’s largest cable operator and will now also control another 18 million broadband customers in Europe, particularly in Germany and Belgium. His biggest rival will be News Corp.’s Rupert Murdoch who controls BSkyB, Britain’s largest multichannel provider.

Malone’s reputation for ruthlessness precedes him. In the early 1990s, then Sen. Al Gore, Jr., called Malone the Darth Vader of the cable industry. Gore also referred to Malone as the head of a mafia-like “cable industry Cosa Nostra” best known for customer abuse, cold-hearted mergers and acquisitions, and endless rate increases. In the 1980s and 1990s, Malone appeared regularly at congressional hearings to discuss cable industry abuses. At the time, Malone was CEO of America’s largest cable operator Tele-Communications, Inc. (TCI). Today, most of those cable systems are known by another name — Comcast.

In the late 1980s, TCI got the ball rolling on massive rate increases for basic cable service. Other operators quickly followed. As rates exploded upwards, the phones began ringing in Washington from outraged constituents. Gore recounted several recent rate hikes in his own home state of Tennessee in one hearing:

• In three years, rates increased 71% in Memphis,
• 99% in Crossville,
• 113% in Nashville,
• 115% in Chattanooga,
• and 116% in Knoxville.

Under Malone’s leadership, TCI Cable raised rates 60 percent in 1992 alone, helping drive the enactment of the 1992 Cable Act which began to slow the pace of rate hikes. The bill was vetoed by then President George H.W. Bush but overridden in Congress after tens of thousands of constituent complaints poured into Washington. It was sweet justice for many elected officials who were on the receiving end of Malone’s hardball tactics for nearly 20 years. Malone was well known for retaliating against local officials who opposed his unfettered rate increases by suddenly cutting off service to customers and putting up on-screen messages in the place of favorite channels with the names and phone numbers of elected officials Malone claimed were responsible.

Under Malone’s leadership, city officials and consultants working to bring a competing cable operator into Jefferson City, Mo., got a taste of TCI’s ruthlessness when Paul Alden, TCI’s vice president and national director of franchising personally threatened the mayor and a consultant working on the project.

“We know where you live, where your office is and who you owe money to. We are having your house watched and we are going to use this information to destroy you. You made a big mistake messing with TCI. We are the largest cable company around. We are going to see that you are ruined professionally.” Alden warned.

TCI later also claimed it had a First Amendment right to provide service wherever it wanted, with or without a cable franchise. It also threatened any would-be competitor with ruin. In Jefferson City, that would-be competitor eventually won $35 million in damages in a jury trial over TCI’s tactics.

Malone has made no secret he believes government officials are simply getting in his way. In 1999, The Guardian noted Malone is a big believer in telecom oligopolies:

He is scathing about regulatory attempts to prevent monopolies and mergers. Governments, he says, are “antediluvian” in their approach to the emerging new world economic order. Instead of trying to prevent mergers and collusion between media and communications companies, Malone says governments should actually promote the creation of “super-corporations” (such as his own) with enough capital to exploit the potential of new technology.

Malone has plenty of money to throw around. He engineered the sale of TCI Cable to AT&T and personally earned billions from the transaction. Three years later, AT&T sold those systems to Comcast.

Liberty Global has stayed on the sidelines of the cable business domestically, preferring to invest in cable networks and programming. Malone’s firm owns Starz!, which gave Netflix considerable trouble when the online video service lost the rights to a large number of recent movie titles. Netflix had negotiated a $30 million yearly deal with Liberty in 2008 which expired in early 2012. Renewal talks fell through when Liberty demanded $200 million annually to let Netflix keep streaming its movies.

Consumers in the United Kingdom may experience Dr. Malone’s idea of finesse soon enough, if shareholders and British regulators approve the buyout deal.

[flv width=”384″ height=”236″]http://www.phillipdampier.com/video/BBC News Liberty Global to buy Virgin Media for 23bn 2-6-13.flv[/flv]

BBC News reports the blockbuster deal will pit Dr. John Malone against his biggest rival, Rupert Murdoch. Virgin has five million customers in the UK and provides the country’s fastest broadband service. (2 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bill Moyers How Big Telecom Increases Our Digital Divide 2-5-13.mp4[/flv]

Susan Crawford appears this weekend on Moyers & Company (check to see if it airs on a local public television station) to explain the real reason America has a digital divide with broadband have’s and have-not’s. The heart of the problem is America’s largest telecom companies, who are only interested in picking off the low hanging fruit — urban customers they can wire cheaply for service and demand monopoly or duopoly-style high prices. Rural America is being left behind, putting profit ahead of the public interest.

America has seen this before during the era of electrification, when power was denied to small towns and family farms. Then the country decided electric service was a utility and must be provided to all Americans. So it should be with broadband. Only the same ideology that argued rural Americans should pick up and move if they want electric service is back in force with broadband, where some argue companies should not have to spend money to provide universal service when they can sit back and reap enormous profits from the areas they choose to serve.

Check out this preview. (2 minutes)

A big 40oz can of Hype from the Washington Post.

Conservative bloggers are calling it socialized “Obama-Wi-Fi,” broadband advocates claim it represents salvation from high-priced wireless service plans, and the media echo chamber is amplifying reports that the federal government in on the verge of launching a nationwide free Wi-Fi network.

Sorry folks, it is not to be.

An article in Sunday’s Washington Post originally titled, “FCC Proposes Large Public WiFi Networks” got the ball rolling, and almost 3,000 reader comments later, a full-scale debate about the merits of government-supplied Wi-Fi Internet access is underway.

Cecilia Kang and her headline writer mislead readers with statements like these:

The federal government wants to create super WiFi networks across the nation, so powerful and broad in reach that consumers could use them to make calls or surf the Internet without paying a cellphone bill every month.

[…] If all goes as planned, free access to the Web would be available in just about every metropolitan area and in many rural areas.

There is nothing new about the FCC’s effort to set aside unlicensed spectrum for so-called “white space” Wi-Fi. As the spectrum wars continue, wireless companies like Verizon and AT&T are pushing proposals to further shrink the number of channels on the UHF television band and repurpose them for expanded cellular data networks. That newly available spectrum would be secured through an FCC auction. FCC chairman Julius Genachowski wants to set aside some of that available spectrum for unlicensed use, including the next generation of Wi-Fi, which will greatly extend its range and speed.

There is no proposal on the table for the government to fund or create a free, national Wi-Fi network as an alternative to paid commercial services. At issue is simply how 120MHz of newly-available television spectrum would be made available to new users. Republicans and large wireless companies like Verizon and AT&T are demanding the vast majority of that spectrum be auctioned off. AT&T and Verizon would like to expand their spectrum holdings, and a straight “highest bidder wins” auction guarantees the vast majority of it will be divided by those two companies. Many Democrats and broadband advocates want a portion of that spectrum set aside to sell to AT&T and Verizon’s competitors — current and future — to promote competition. They also support set-asides that make frequencies available for unlicensed uses like Wi-Fi.

Genachowski’s proposal could potentially spur private companies or communities to build community-wide Wi-Fi networks operated on unlicensed frequencies. With more robust signals, such high speed wireless networks could be less costly to construct and serve a much wider geographic area.

The potential for competition from the public or private sector is what bothers companies like AT&T and Verizon. Both argue that since they had to pay for their spectrum, allowing other users access to free spectrum would be unfair, both to themselves and to the government’s effort to earn as much as possible from the auction. AT&T has been the more aggressive of the two companies, repeatedly attempting to insert language into legislation curtailing the FCC’s ability to set aside a significant amount of spectrum for unlicensed use. While AT&T’s lobbyists do not go as far as to advocate banning such networks, the technical conditions they demand would make them untenable. AT&T and others also demand the FCC must close down unlicensed networks if they create “harmful interference,” which is open to interpretation.

Helping the wireless companies in the campaign against the next generation of Wi-Fi are hardware manufacturers like Cisco, which has been trying to deep six the proposal for at least two years. Why? Because Cisco’s vision of wireless networking, and the products it has manufactured to date, are not in sync with the kind of longer distance Wi-Fi networks the FCC envisions. Cisco faces overhauling products that were designed under the premise Wi-Fi would remain a limited-range, mostly indoor service for consumers and businesses.

The threat to incumbent Internet Service Providers is clear enough. If a new version of Wi-Fi launched that could blanket entire neighborhoods, communities, non-profits, or even loosely-knit groups of altruistic individuals could launch free Wi-Fi services sharing their Internet connection with others. If the technology allowed users to seamlessly hand off wireless connections from one free Wi-Fi hotspot to another, much like cell sites do today, customers might downgrade their wireless data plans with big telecom companies. Machine-to-machine networking could also rely on Wi-Fi instead of commercial wireless data plans. It could threaten billions in potential revenue.

Stopping these networks is a priority for corporate interests with profits at stake. But one thing they do not have to worry about, at least for now, is the federal government getting into the wireless Internet business.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Washington Post FCC offers path to free Internet access 2-4-13.flv[/flv]

After the original story ran in the Post, Cecilia Kang participated in this interview which clarified what the FCC is actually proposing. This video explains what spectrum allocation and unlicensed spectrum is all about. Kang clarifies her article, explaining private companies and/or communities will have to decide what to do with the unlicensed spectrum. The federal government is only facilitating the space and has no plans to run a national network itself. (5 minutes)

https://www.washingtonpost.com/business/technology/tech-telecom-giants-take-sides-as-fcc-proposes-large-public-wifi-networks/2013/02/03/eb27d3e0-698b-11e2-ada3-d86a4806d5ee_story.html

[flv width=”480″ height=”288″]http://www.phillipdampier.com/video/Post-Standard Time Warner Cable Modem Lease Fee 1-30-13.flv[/flv]

A reporter from the Syracuse Post-Standard is featured in this video explaining how to swap out your leased Time Warner cable modem for one you can buy yourself. It will save you $3.95 a month. One piece of advice: If the coaxial cable you plan to use has a push-on style connector, toss it for one that screws on. The push-on connectors are not recommended, even if your cable modem comes with one. You can also use the cable Time Warner originally supplied if it has a superior screw-on connector. Time Warner does not need the cables returned with the cable modem or the original box. Just return the cable modem and power cord to any Time Warner Cable store location and make sure they print, and you keep, the returned equipment receipt. (4 minutes)

[flv width=”636″ height=”380″]http://www.phillipdampier.com/video/Susan Crawford on Captive Audience The Telecom Industry and Monopoly Power in the New Gilded Age 12-12.flv[/flv]

Invest an hour of your time and learn about how America ceded its broadband leadership to a handful of telecom companies that have carved out comfortable, barely competitive territories for themselves, leaving Americans overpaying for slow broadband service. Susan Crawford is author of the new book, “Captive Audience: The Telecom Industry and Monopoly Power in the New Gilded Age,” which has just been published. (65 minutes)