Ontario County, New York

Senator Charles Schumer (D-New York) visited Canandaigua Monday to promote Ontario County’s fiber optic broadband project, in hopes of securing federal funding to expand the fiber project into adjacent counties in the Rochester-Finger Lakes region.

Schumer likened fiber optic broadband development to other revolutionary transportation projects in New York’s past which transformed local economies, created jobs, and brought prestige to the region.

“One fact has proven true since the days of the Erie Canal: if you don’t have good infrastructure, you’re not gonna bring jobs, but when you do have good infrastructure, you are gonna bring jobs. And the fiber optic ring that we are talking about here in Ontario County is the Erie Canal of the 21st century. It’s that simple,” Schumer told an audience at the Center for Infotonics.

Ontario County began constructing a fiber ring more than a decade ago to improve connectivity across the often-rural county.  Bookmarked between high growth areas around Victor and Canandaigua to the east and Geneva to the west, large expanses of Ontario County are rural. Being a part of central New York’s Finger Lakes Region means the often hilly terrain and winding roads can make wiring expensive and difficult in certain areas.  But the prospect for 21st century connectivity has helped fuel growth — and jobs — into the region.

Sen. Schumer

Schumer wants FCC officials to visit Ontario County to explore the project as a potential blueprint for wiring other counties.

“We will not only put this region at the cutting edge of attracting new businesses that need high speed fiber optics, but we’ll do a service to the rest of the country by showing them how it can work,” said Schumer.

New York’s senior senator said he will aggressively pursue millions in federal funding to expand the project outside of Ontario County, and help complete the fiber optic network.

The senator may find some opposition to federal funding initiatives from incumbent providers Frontier Communications and Time Warner Cable, particularly if funds originate from broadband stimulus programs.  Both companies would likely object to federal spending on a fiber network that crosses areas both companies already serve.

Frontier Communications offers DSL service in many parts of Ontario County, and Time Warner Cable has wired most of the significant-sized towns and cities in the county.

The Ontario County project has been built without any federal stimulus money.

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Sen. Schumer’s visit to Canandaigua, New York to promote Ontario County’s fiber project was covered in these three reports from YNN, WROC-TV, and WHAM-TV — all in Rochester, New York.  (6 minutes)

America's most creative taxing authority, charged with collecting the innovative taxes the state government dreams up

No state can be more innovative in finding new ways to tax, fee, and surcharge residents than New York.  Once it becomes taxable in the Empire State, it’s only a matter of time before it becomes taxable in other states as well.  Now consumers face the prospect of paying new sales taxes on broadband and other services they purchase online, even in cases where federal laws would seem to exclude such possibilities.

New York residents have endured the so-called “Amazon tax” since June 1, 2008 when the state government demanded large, out of state Internet retailers collect and remit sales taxes for online purchases should they result from online advertising.  Although largely ignored by smaller online retailers, large high profile Internet retailers with so-called “affiliate programs” that pay independent websites for referring potential customers faced the choice of cutting ties with their “affiliates” in New York or imposing sales tax on New York customers.

Websites ranging from Overstock.com, Buy.com, Amazon.com, Newegg, and others were all targeted by the New York State Department of Taxation and Finance.  Overstock and Newegg eventually threw their New York affiliates under the bus to preserve an “unofficial” tax-free shopping experience for New Yorkers.  Buy.com and Amazon both complied with the state, although the latter filed suit challenging the constitutionality of out-of-state sales tax collection.

What made the New York sales tax law different from all the rest is that it delivered an end run around settled federal interstate commerce law.  A Supreme Court decision found it legal for states to demand sales tax payments from businesses that operate within their state, but no such provision was made for businesses who don’t locate an office or store in a particular state.  Buying a new hard drive from an online retailer inside your state?  You’ll be charged sales tax.  Order it from outside of the state, and the company typically won’t try to collect sales tax.

New York wants online businesses to get a new attitude.  It wants sales tax money for orders placed by New Yorkers no matter where your business is located.

As the Great Recession wreaks havoc on state budgets, state lawmakers who don’t want to cut popular spending programs are instead sniffing for new ways to raise revenues.  Some are declaring ‘I Love New York’ for blazing the trail to fatter sales tax coffers.

Colorado's legislature ignited a firestorm of controversy after passing an online sales tax bill into law

One recent example is Colorado, where state lawmakers borrowed liberally from New York’s tax law and passed their own — requiring large online retailers to start collecting sales taxes or provide a summary of residents’ web purchases in the state (so the Colorado taxing authority can pressure residents to declare those purchases and pay sales tax themselves.)  The penalty for not doing so is a fine of several dollars per non-compliant transaction.  Amazon.com, among others, yanked their affiliate program in the state, and some online retailers have declared they won’t comply.  A few proclaimed they would throw away any fine notifications, suggesting the state has no authority to impose such fines for interstate commerce, which is regulated on the federal level.

Rhode Island passed its own sales tax law, and collected almost nothing from it, in part because online retailers outside of Rhode Island almost universally ignored it.  Now the law faces repeal.

Other states like North Carolina and California have endured their own controversies over such legislation.  In North Carolina, Amazon.com threw their affiliates under the bus.  California Gov. Arnold Schwarzenegger vetoed a sales tax proposal last year.  There are bills to impose sales taxes on all online purchases in Iowa, New Mexico, Vermont and Virginia.

Meanwhile, New York’s taxing authority has some new ideas on how to expand the scope of sales taxation to include a whole new range of online activities.

The E-Commerce Times reports the New York State Department of Taxation and Finance has declared doing practically anything online that involves the transfer of money in return for a service could be subject to New York sales tax:

This new position results in the imposition of sales tax on purchases of services provided over the Internet that would not be subject to sales tax if provided in person by a human being. For example, the purchase of an educational course is not taxable if provided by a live speaker, but the same course may now be considered taxable by the Department if the course is given online.

The Department has painted with a broad brush to conclude in a number of advisory opinions that, among other things, the following services or forms of entertainment are really sales of software when provided over the Internet:

1. e-learning courses;
2. information technology courses;
3. mail-tracking services performed for airlines;
4. loan origination and processing services;
5. automobile insurance policy services;
6. payroll processing services; and
7. video games played on computers located at a business’ facility.

Rhode Island's efforts to collect sales tax on out of state purchases was a flop

The logic used to justify taxation of online services illustrates the time and talent state workers are willing to extend to help fill New York’s dire budget pothole:

The Department is asserting that a purchaser of an online service is controlling the software on the provider’s server by clicking various icons on his or her own computer screen, and thus the purchaser has control over the software; hence the software has effectively been “transferred” to the purchaser. Accordingly, the Department is taking the position that the purchase of an online service is really the purchase of a license to use software, even though the software is being used by the service provider on its own server.

Critics of the taxing authority accuse it of exceeding its legislative mandate.  In fact, the New York State legislature previously considered — and rejected — legislation that would have imposed sales tax on digital downloads like music and movies.  The legislature has been resistant to taxing online activities in hopes of retaining high tech businesses in the state, who might consider locating out of state if it meant avoiding imposing sales tax on consumers.

Of course, online buyers are technically subject to paying sales taxes for every taxable purchase, made in or out of state.  But since most states ask taxpayers to voluntarily report such purchases, the compliance rate is notoriously low.

In New York, the taxing authority has a reputation best summed up as “we don’t play — padlock and seize first, ask questions later.”  Aggressive enforcement against non-compliant retailers is likely, and E-Commerce Times suggests online retailers need to pay attention:

The sales tax is a transfer tax, and sellers collect the tax from purchasers and remit the tax to the Department. However, when a seller fails to collect and remit any tax due, the seller itself becomes liable for the tax, interest and possibly penalties. The Department has not been content simply to apply its new position going forward, but rather has been seeking to apply its position retroactively on audit as well.

There have been instances of the Department auditing online service providers and assessing sales tax as far back as 2005, even though the Department’s first clear administrative guidance with respect to its new position dates from November 2008 (and even though the Department issued administrative guidance in February 2006, that seems to conflict with its present position).

The Times predicts this will all come to a head when the taxing authority sues an online retailer or state resident for non-payment of taxes.  Then it’s up to the courts to decide… when they get around to it.  Remember the lawsuit Amazon.com filed against New York in 2008?  The New York Supreme Court threw out the suit in January 2009, but an appeal was filed with the next court up the chain — the appellate court — July 13th.  It’s still pending.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Online Sales Taxes 4-5-10.flv[/flv]

Here are three reports about the ongoing online sales tax controversy underway in three states (9 minutes):

1. KMGH-TV in Denver reports on a local family running a campaign to repeal the so-called “Amazon tax” in Colorado which resulted in the end of the company’s affiliate program for Colorado residents.
2. WCAX-TV in Burlington, Vermont discusses a proposed Vermont law that would extend sales tax to online purchases.  Local merchants support the proposed law as a way to restore pricing fairness between online and brick and mortar retailers.
3. WTVR-TV in Richmond, Virginia covers that state’s proposed online sales tax bill.  George Peyton from the Retail Merchant’s Association reminds viewers whether or not an online retailer charges them sales tax, they still owe the state the tax — declared on your income tax return.

More than 36,000 Nebraska phone customers were left with blocked landline service, unable to reach 911 emergency services or many area business and government agencies after a switch failure resulted in “all circuits are busy” messages for hours on end.

Windstream’s service outage was unprecedented in Nebraska telephone history, lasting over 15 hours and impacting customers in at least 12 southeastern Nebraska counties.  Government agencies were forced to open emergency operations centers, police and fire officials asked people with emergencies to walk or drive to the nearest police station or firehouse, and some customers were left thinking the whole incident was a hacker April Fools Day attack on the telephone system.

The Nebraska Public Service Commission plans to hold hearings to investigate Windstream’s failure to maintain their network in good working order.  The Commission wants to know how the failure happened, why it took 15 hours to restore service, and what plans the company has to make sure it doesn’t happen again.

The Journal Star reported on what they’ve learned thus far about the outage:

Problems were worst in downtown Lincoln, including state and local government offices and the University of Nebraska-Lincoln. But they ultimately stretched to at least a dozen Southeast Nebraska counties.

Brad Hedrick, Windstream’s Nebraska vice president and general manager, said a number of operations and engineering technicians were doing a “root-cause analysis” Friday to try to find out what went wrong.

The outage came about 7 hours after Windstream updated the switch. But because the failure occurred so long after the update, Hedrick said, it’s unclear whether it played any role.

“We’re digging into all potential scenarios to make sure we didn’t overlook anything,” he said.

Windstream is not aware of a similar problem ever occurring before in its nationwide network, although Hedrick said he has heard of other companies having similar problems elsewhere.

Local emergency management officials said they had never experienced a service failure of similar magnitude.

“We’ve had, over the years, some minor outages, mostly geographical,” said Julie Righter, communications manager of Lancaster County’s 911 Center. “Nothing this widespread. This was multiple counties.

“It wasn’t just 911. It was every kind of phone.”

Righter said the 911 center was alerted to the problem by an alarm company employee.

“They called us and asked if we were able to call out, at which point our staff started making some test calls back and forth and we did discover we had problems.”

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A complete wrap-up of the Windstream outage in Nebraska comes courtesy of KOLN-TV in Lincoln.  (16 minutes)

Included are interviews with three key players in the saga:

1. Commissioner Tim Schram – Public Service Commission
2. Brad Hedrick – Windstream Communications
3. Julie Righter – (Emergency) Communications Center

Windstream Communications customers in eastern Nebraska have spent much of today without access to emergency 911 services, and many were without their own landlines as well.  A switch failure in downtown Lincoln caused the outage impacting several counties starting at 7:45 Thursday morning.

Emergency services personnel were forced to rely on cell phones and amateur radio operators to process calls for emergency service, and several law enforcement personnel were staged in outage areas to assist with any calls for help.

Emergency dispatch centers were silent for much of today.  Those attempting to call 911 received a busy signal.

“You know there’s people out there that are going to need help at some point, there always is, and they’re unable to get that help,” Cass County dispatcher Deb Thiessen told KETV in Omaha.

“It’s very rare there’s an outage of this type,” said Cass County Chief Deputy Brad Lahm.

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KOLN-TV and NTV report on today’s major Windstream outage.  (5 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KETV Omaha Windstream Failure No April Fools Joke 4-1-10.flv[/flv]

KETV-TV in Omaha also covered the outage in their viewing area. (2 minutes)

In what some believe may be the beginning of the end of the U.S. Postal Service, the plan to eliminate Saturday mail delivery this week was formally introduced to the Postal Regulatory Commission, an important step on the journey to sever home delivery to homes and businesses over the weekend.

In what the Commission called one of the most significant changes the Postal Service has ever presented to them for review, the proposal to sack Saturday mail seeks to take a bite out of a deficit the post office claims will reach $238 billion in ten years.

As more Americans move to broadband for online banking and bill paying, e-mail, and online commerce, mail volume continues to decline.  The recession isn’t helping either, as increasing postal rates challenge the torrent of profitable junk mail that reaches every American home.

But one decidedly-digital company is cringing at the thought of losing Saturday mail delivery — Netflix, the DVD-rent-by-mail firm whose sea of red envelopes moving to and from post offices around the country is a bright spot for a postal service under financial siege.  This single company expects to spend $600 million in postage this year alone.

The prospect of Netflix customers facing several days in a row with nothing new to watch horrifies those who’ve become accustomed to Saturday DVD delivery.

Netflix has tried to move towards video streaming movies and television shows over broadband connections.  Last week Netflix began offering Nintendo Wii owners the opportunity to stream the company’s on-demand library directly through the video game console, joining the PS3.

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But Slate reports on-demand streaming at the prices studios are demanding means it will be a very long time before Netflix’s 100,000 title library is available for instant viewing:

While instantly streamed movies obviously eliminate postage costs, they are not a cost-free proposition for Netflix. Analysts suggest that the streaming technology itself is very cheap—it costs roughly five cents to stream 90 minutes of content—but the licensing fees can be exorbitant. Netflix won’t release the data on how much it pays for online licensing, but can apparently be quite expensive. Dan Rayburn, an analyst with Streaming Media, has said that he’s seen some streaming movies that cost as much as $4 per play.

The other potential skunk at the garden party is your Internet Service Provider, should they implement Internet Overcharging schemes like usage caps or usage-based billing.  That five cent price tag for 90 minutes of content Netflix pays would be considerably higher from ISPs seeking to charge thousands of percent markup for bandwidth.

America’s social commentators are concerned five day delivery is the beginning of the end for an institution that reaches every American.

CNN contributor Bob Greene notes no business has ever gotten ahead in the long term by reducing service to customers even as they continue to increase prices:

If mail delivery goes from six days to five, more and more Americans may decide they just don’t need it. People have available to them, as none of us needs to be reminded, computers with e-mail capability. You can correspond with friends and family and business associates; you can pay bills; you can send greetings.

Using the U.S. mail already means accepting that letters will be held up for a day between Fridays and Mondays. Elimination of Saturday mail would extend the bottleneck. And this is a country that increasingly demands speed; you’d think that someone, if only in an effort not to fall further behind, would be suggesting a seventh day of delivery be added.

Last year, the volume of U.S. mail fell by 26 billion pieces — from 203 billion to 177 billion.

The Postal Service, in gambling that doing away with a day of delivery will help heal its financial wounds, may be risking a lot.

There’s not much of a track record in American business for cutting back on services and then seeing the long-term bottom line grow. Companies that boldly announce they are going to cut their way to prosperity often cut their way to death.

If delivery is reduced to five days, and the number of letters mailed each year plunges further, the Postal Service could find itself in the position of having to eliminate even more services. Five days could conceivably go to four, or three; and if that didn’t stop the plummet in available funds, what would be the next step?

The letter carriers’ union isn’t happy about it either.  They’re convinced the post office’s plan will never survive Congressional oversight, and that in the end Saturday delivery will survive.

“We don’t see this thing — despite the hoopla that the postal service management has come up with — being approved by Congress,” said Drew Von Bergen, chief spokesman for the union that represents about 200,000 mail carriers, and 100,000 retirees.

Von Bergen told a reporter for KCRG-TV the mail carriers union sees the proposal as an overreaction to the dramatic decline in mail volumes that has resulted from a deep recession. If the postal service cuts Saturday delivery now, it will accelerate the demise of the postal service as other delivery services take up the slack, and Americans become disaffected with mail delays.

“It’s not just delivery,” Von Bergen said. “It’s delivery and collection. You’re talking about a two-day stoppage of mail movement in this country: Prescriptions, DVDs, packages people ordered by mail.”

On holiday weekends, the mail would stop for three days, Von Bergen added.

The unions are convinced the source of the nightmarish budget deficits comes from one thing: health care funding for retirees.  The recent health care reform legislation passed by President Obama does almost nothing to address the relentless immediate increases in health care costs which the Post Office must pre-fund in a type of escrow account.  If the government eliminated the pre-funding requirement, the U.S. Post Office would have finished 2009 with a cumulative surplus of $3.7 billion over its last three fiscal years according to American Postal Workers Union President William Burrus.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/KESQ Palm Springs Post Office Moves Closer to Ending Saturday Delivery 3-29-10.flv[/flv]

KESQ-TV in Palm Springs, California pondered the loss of Saturday mail delivery with area residents and mail carriers in this report that aired Monday evening.  (3 minutes)