Issa

The incoming Republican chairman of the House Oversight and Government Reform Committee has asked some of the nation’s largest phone and cable companies for a list of pesky regulations they would like to see the Republican-dominated House eliminate through deregulation.

Rep. Darrell Issa (R-Calif.) last month sent letters to more than 150 major trade associations, corporations, and their think tanks/lobbying firms, asking them to list the government regulations they would like repealed.

Issa’s letter was generally hostile towards Obama Administration policies, setting the stage for large companies to let loose on the administration’s “interference” in private business.

“As a trade organization with members that must comply with the regulatory state, I ask for your assistance in identifying existing and proposed regulations that have negatively impacted job growth in your members’ industry,” Issa wrote in one letter to the National Association of Manufacturers. “Additionally, suggestions on reforming identified regulations and the rulemaking process would be appreciated.”

According to Politico, which obtained copies of several letters, Big Telecom companies were on Issa’s mailing list. AT&T, Verizon, Comcast, Time Warner Cable, and their respective trade associations and lobbyists are expected to complain about consumer protection reforms including Net Neutrality, policy disclosure requirements, and the recent stimulus funding for broadband projects that many of the nation’s largest telecom companies informally boycotted.

Issa portrayed his campaign to invite large corporations to draft regulations and oversight ideas for their own industries as a “job protection” measure.

Issa spokesman Kurt Bardella said the incoming chairman intends to begin wide-ranging investigations into several aspects of the Obama Administration and their policies. Asking America’s top corporations for their ideas on addressing job creation is part of that process according to Bardella.

“Is there something that we can do to try to ease that [regulatory] burden and stimulate job creation?” Bardella told Politico. “Is there a pattern emerging? Is there a consistent practice or regulation that hurts jobs? Until you have all the facts, you really can’t make a lot of determinations and judgments.”

[flv]http://www.phillipdampier.com/video/CNBC Rep. Issa to Big Biz Help Me Help You 1-4-11.flv[/flv]

CNBC covered Issa’s letter to some of America’s largest corporations asking ‘Help Us Help You.’  (7 minutes)

Hammer Time: MetroPCS introduces 4G/LTE service plans that establish pay walls for familiar web content.

Want a sneak preview of America’s Internet experience without real Net Neutrality?  Look no further than MetroPCS which has managed to turn the clock back to the early days of “mobile web,” where carriers pre-selected content and blocked much of the rest.  Want access anyway?  Then spend some time with a spreadsheet to figure out what service plan you’ll need and start counting out some ten dollar bills because MetroPCS promises a Long Term Expensive 4G  experience.

The business press focused on MetroPCS’ new pricing — delivering what the company calls “a selection of data access levels to meet customers’ lifestyles.”  But some public interest groups considered today’s announcement the first gauntlet thrown in the Net Neutrality war since the FCC voted to approve a watered down version of the open Internet policy last month.

MetroPCS called their new plans a boon to customers.

“Our customers told us they wanted more video, more sharing of their content and more Web browsing capabilities – they want to have it all with the value and no annual contract that only MetroPCS can deliver,” said Roger D. Linquist, president, CEO and chairman of MetroPCS. “Our 4G LTE network can deliver unlimited voice and mobile broadband data services and, with these new service plans, consumers are in the driver’s seat on how much additional data access and real-time entertainment content they want to pay for on a monthly basis.”

But many customers will discover the company’s road to good intentions pitted with potholes, toll booths, roadblocks, and diversions.

Just getting on this data highway to hell could be very confusing to customers who will need to think about what websites and services they need, want, or can live without, and then finding the corresponding service plan that makes it all work.

MetroPCS says it has three new pricing levels to consider:

• The $40 service plan offers unlimited talk, text, 4G Web browsing with unlimited YouTube access.
• The $50 service plan includes the same unlimited talk, text, 4G Web services and unlimited YouTube access as the $40 plan. Additional features include international and premium text messaging, turn-by-turn navigation with MetroNAVIGATOR™, ScreenIT, mobile instant messaging, corporate e-mail and 1 GB of additional data access, with premium features available through MetroSTUDIO™ when connected via Wi-Fi, including audio capabilities to listen and download music and access to preview and trial video content.
• The $60 service plan provides the same premium features as the $50 plan, plus unlimited data access and MetroSTUDIO premium content such as 18 video-on-demand channels and audio downloads.

You'll need a smart phone to figure out what pricing plan actually delivers the services you need.

A customer could be forgiven if they assumed the $40 plan provided “unlimited web browsing,” which will be interpreted to mean they can access all of the content contained on those websites, but they would be wrong.  Beyond YouTube, MetroPCS customers will need to spend at least $10 more to access embedded video and audio, play online gaming, and access other rich media services.  Want to view videos from a website that isn’t among the carrier’s “preferred content partners?”  Forget it.

What about Skype, Netflix and other popular services?  Nuh uh.

Only the $60 monthly plan delivers unlimited data, along with pre-selected video and audio you can access… or not.

Free Press Policy Counsel M. Chris Riley called MetroPCS’ foray into the toll highway business a profit padding scheme.

“In December, the FCC chose to disregard wireless protections in its Net Neutrality order, and MetroPCS’s new scheme is a preview of the wireless future in a world without protections on the mobile Web. Such blocking of websites, services or applications would clearly be prohibited and deemed unreasonable on a cable or DSL network. Are these the kinds of restrictions the FCC really wants to promote on wireless networks?

“The open Internet order approved in December stated that the FCC was not implicitly approving practices on the mobile Web that violate its rule against unreasonable discrimination – and now we’ll see whether the agency is willing to do anything about such practices. Silence in the face of ongoing violations is no different from outright approval. If MetroPCS is allowed to engage in rampant discrimination and blocking of Internet applications and services, will Verizon be next? Will AT&T extend its history of blocking services like VoIP and Sling on its LTE network in the future?

“MetroPCS’s plan will restrict consumer choice and innovation in a developing mobile market, all for the sake of further padding its bottom line. The FCC must not stand idly by while carriers are engaging in anti-consumer and anti-competitive behavior, and we urge the agency to investigate.”

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/MetroPCS 1-4-10.flv[/flv]

It’s too bad the company that regularly lampooned their wireless competitors in witty commercials has now adopted the same “gotcha” tricks and traps that will leave customers trying to figure out why they can’t access the web content they thought they paid to receive.  Watch a series of amusing MetroPCS ads and a brief review of the company’s new 4G phone courtesy of TheStreet TV.  “Hello. Hello. Hello.”  (7 minutes)

Ontario County, N.Y. has completed its 200-plus mile fiber ring and is now open for business… at least for area businesses that want commercial accounts.

But the county’s Office of Economic Development has no intention of building a 21st century fiber network that consumers can’t use — it wants fiber-to-the-home service for every resident.

The formerly rural Finger Lakes county has become an economic growth spot in western New York, with urban sprawl from nearby Rochester and new high-technology businesses attracted by the area’s relatively low taxes and pro-technology attitude.

The high tech fiber ring is the most recent example of the county’s growth-oriented philosophy.

Axcess Ontario, a public-benefit corporation established to oversee the project, built the ring well under its $7.5 million budget.  In the end, the whole project ended up costing just $5.5 million.

The project benefited from faster than expected contracting work and the installation of a natural gas pipeline, through which some of the county’s fiber travels.  Much of the rest is attached to utility poles that stretch across the county’s rural farmlands and small cities, towns and villages.

Now complete, the project is capable of delivering ultra-fast service from cities like Geneva and Canandaigua to the wine-growing region of Naples, to the outer ring towns like West Bloomfield, Victor, Manchester, and Phelps.

Ontario County, N.Y.

“Our mission from the outset was to ensure that every community in Ontario County had access to fiber, no matter how remote that community might be, geographically speaking,” said Geoff Astles, chairman of Axcess Ontario’s board of directors. “We’re proud to say that not only have we accomplished that piece, but we’ve done it under budget.”

The county says the network is open to all-comers, and eight companies are currently using the network themselves or reselling access to commercial businesses that need the capacity fiber brings.  Among them — Verizon Wireless; TW Telecom; Finger Lakes Technologies Group and its sister company, Ontario Telephone Co.; WavHost; Clarity Connect; OneStream Networks; Layer 8; and Integrated Systems.

But nothing prevents a residential service provider from hopping on board, if they’re interested in providing wiring from the fiber ring to individual homes.

“We’re working with several service providers who now have plans to bring fiber to each individual residence,” Michael Manikowski of Ontario County’s Office of Economic Development says. “That’s a little bit down the road. It’s a fairly complicated technical thing that we have to attract other partners to come to the county to help us.”

“The concept of ‘fiber to the home’ is the ultimate game-changer,” said Axcess Ontario CEO Ed Hemminger. “Once residents have fiber to the home, everything changes. Someone who wants to work from home or start a home-based business can do so with ease. Not only will they have instant access to the online global marketplace, but they’ll also have confidence that their home-based Internet connection will be as fast, as reliable and as competitively priced as any office-based system. Imagine conducting videoconferences on your iPad with business partners halfway across the world, all from your living room or your back deck.”

“This project is going to make a difference in the lives of residents and business-owners for the next 25 years,” he said.

Among those reportedly interested: Frontier Communications, which runs limited fiber to some of the county’s new housing developments, but currently does not leverage that technology to deliver broadband faster than traditional DSL accounts the company sells elsewhere in the region.  Time Warner Cable also covers the more populated areas of county through its Rochester/Finger Lakes division.

Individual communities inside the county could also decide to build their own community fiber service for residents, if they are willing to wire individual homes.

Residential fiber service has rarely attracted commercial service providers, convinced the technology is overkill for most consumers.  Some also balk at the capital costs, which are considerably higher than existing copper phone wire or running coaxial cable to homes for traditional cable service.  But many communities suffering from very low speed DSL service and not well served by cable-TV find doing it themselves can deliver service that commercial companies may never provide.  Without the immediate need for quick returns on investment, towns and villages clamoring for faster broadband can finally have it, without the expense of building and running their own fiber ring.

Axcess Ontario threatens to deliver service better and faster than what is on offer further north in much larger Monroe County, which includes Rochester.  That’s because Ontario County’s advanced fiber network could ultimately scrap Frontier’s obsolete copper wire landlines and call out the incremental, slow upgrades from Time Warner Cable.

The Ontario County fiber ring is a nationally recognized broadband model. Harvard University’s Ash Center for Democratic Governance and Innovation at the John F. Kennedy School of Government this fall recognized the fiber ring as a “Bright Idea” — a promising, innovative solution that can assist other communities as they face their own challenges. And earlier this year, county officials met with the Federal Communications Commission in Washington, D.C., to educate FCC officials about the fiber ring and how it can be implemented elsewhere in the country.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WHAM Fiber Ring in Ontario County 12-29-10.flv[/flv]

WHAM-TV in Rochester reports Ontario County’s new community-owned fiber ring could eventually deliver fiber to the home service to every resident in the county.  (2 minutes)

While Time Warner Cable and Sinclair Broadcasting duel to the Dec. 31 deadline, some Time Warner Cable customers are using the dispute to their advantage — demanding, and winning price concessions on their cable service.

Time Warner Cable has fielded so many calls about the dispute, it has added a message to its customer call-in lines to share its side of the dispute.

Listen to the announcements Time Warner Cable is using around the country on its customer service lines to address the Sinclair-Time Warner dispute. (7 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Some customers tired of being put in the middle have decided to take their business elsewhere.  Others are just threatening, which brings forth customer retention deals to keep customers from cutting Time Warner’s cord.

“I scored a one year extension of my new customer deal — $99 a month for every kind of service the cable company offers,” writes Scott from Syracuse, N.Y.  Time Warner Cable is expected to drop WSYT (Fox) and WNYS (MyNetwork TV) late Friday night.  “I told them their rate hike notice was bad enough, but dropping two stations from my lineup without offering me a refund was too much.”

Scott was prepared to switch to Verizon FiOS, but Time Warner offered a price he’ll take for some inconvenience.

“I threw my Time Warner rate hike notice in the trash — it doesn’t apply to me for a year,” Scott says.  “It took ten minutes on the phone with the cable company and now I’ll save hundreds a year.”

In Texas, Time Warner Cable customers trying to exit the cable company for a competitor found the cable company’s term contract harder to walk away from.

“They are playing hardball with me, telling me I’ll have to pay an early termination fee if I switch,” says Stop the Cap! reader Rod who lives in San Antonio.  He’s preparing to say goodbye to KABB (Fox) and KMYS (MyNetwork TV).”

“I told them with their attitude, it would be worth paying the fee to see the back of them,” Rod says.  “Besides, when you tell some of their competitors about the cable company’s exit fees, they sweeten the deal as a sign of goodwill, something I am not getting from the cable company.”

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Sinclair TW Dispute 12-30-10.flv[/flv]

Sinclair stations across the country are airing various news reports about the upcoming signal blackout on both Time Warner Cable and Bright House Networks, which uses Time Warner to negotiate programming contracts.  Virtually all are biased towards Sinclair’s position, and ignore the fact Time Warner plans to import Fox network programming regardless of what happens.  (25 minutes)

In Rochester and Buffalo, the cable company is willing to extend their $99 triple play promotion to customers threatening to drop service over the Sinclair dispute, especially when customers also mention the company’s recently announced rate hike.

“If the first person you speak with doesn’t offer you a better deal, hang up and call back,” advises Susan, our reader in Amherst, N.Y.  Both she and her mother in Cheektowaga are saving $35 a month for the next year all thanks to Sinclair and Time Warner’s money fight.

One of the stations impacted in the dispute

“We would have never thought about doing this before we started reading Stop the Cap!,” she says. “We had no idea we could get these kind of deals.”

“We’d lose WUTV (Fox) and WNYO (MyNetwork TV), but Time Warner promises all of the Fox network shows will still be aired and losing MyNetwork TV is hardly a loss at all,” Susan shares.  “Just call them and use the word ‘cancel’ and see what they offer.”

Sinclair stations are notorious for running local news operations on the cheap, when they bother to run local news at all.  So many viewers remain blissfully unaware of the dispute because many of the affected Sinclair stations are low-rated afterthoughts.  Of the 35+ impacted stations, fewer than six have serious local news operations, and many of those are in last place in the local ratings.  That’s a point Time Warner Cable had reportedly raised in their negotiations, noting the stations are not worth Sinclair’s asking price.

But the cable operator is also not saying a whole lot about the dispute on their various local news channels.  The company has instead taken out full page advertisements in newspapers alerting viewers to the upcoming signal disruptions and pushing customers to visit the cable operator’s national carriage dispute website: RollOverOrGetTough.com.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Time Warner News Sinclair 12-30-10.flv[/flv]

Time Warner Cable briefly mentioned the dispute between the cable company and Sinclair Broadcasting on a few of their local news channels.  (2 minutes)

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WHAM Rochester TW Sinclair Dispute 12-30-10.flv[/flv]

WHAM-TV in Rochester took a third party look at the dispute and explained it to western New York viewers.  Special bonus: A brief interview with Scott Fybush, editor of Northeast Radio Watch who understands western New York media like few others.  (3 minutes)

AT&T customers looking for better service need to put down those cellphones and turn off the computer and pick up a good book.  AT&T recommends Fed Up! Our Fight to Save America From Washington, written by Texas Gov. Rick Perry.

Perry’s book, which compares Social Security and FDR’s “New Deal” social programs with a Communist takeover is so popular with the Big Telecom, it purchased over 700 copies to hand out for free to state legislators, lobbyists and activists attending a conservative policy summit luncheon.  Oh, and the company paid for the lunch, too.  Total cost?  More than $13,000 — all ultimately paid for by AT&T’s customers.

AT&T made sure every guest had their own personal hardcover copy of the governor’s book, something that didn’t go unnoticed by former Texas Solicitor General Ted Cruz, who thanked AT&T from the microphone for paying for the books.

“Governor Perry has written a book – a book that all of us very kindly have been given by AT&T,” Cruz said. “Thank you, AT&T.”

AT&T’s gladhanding of conservative state politicians doesn’t come accidentally, reports the Dallas Morning News.  With hundreds of millions in revenue at stake, AT&T’s investment in the state’s Republican dominated legislature guarantees the company’s voice will be heard on important legislative matters.

AT&T has spent as much as $9.3 million to lobby Austin lawmakers and regulators, according to Texas Ethics Commission data. AT&T’s political action committee has donated $494,740 to Perry during his nine years in office, according to Texans for Public Justice.

The latter group told the newspaper AT&T doesn’t get into the book club business lightly.

“It does raise concerns. AT&T has a lot of business before the state of Texas and Texas regulators,” said Craig McDonald, director of Texans for Public Justice, a group that tracks money in politics. “They are generally the largest lobby in the state. They can reach out and touch every lawmaker simultaneously.”

Elected officials who write books routinely find some of their biggest sales come from lobbyists, who buy books in bulk and hand them out at public speaking engagements, or simply shove them into the nearest storage locker.  It’s not about the book, it’s about the access companies like AT&T gain from the goodwill earned from buying copies.

Perry does not profit directly from the book sales, but his political interests do.  Proceeds of the book sales go to the Texas Public Policy Foundation’s Center for Tenth Amendment Studies, a group dedicated to protecting corporate interests and “state’s rights.”

AT&T’s corporate interest is protected by the Policy Foundation’s opposition to Net Neutrality, but the group generally opposes broadband stimulus funding, some of which is likely to end up in AT&T’s pockets.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/Texas Public Policy Foundation Net Neutrality.flv[/flv]

The Texas Public Policy Foundation invited two Republican FCC commissioners — one current and one former — to bash Net Neutrality and broadband reforms before a stacked panel and audience of like-minded thinkers.  (1 hour, 50 minutes)