AT&T has informed Google it will not allow the search engine company to use its utility poles to build a fiber optic network that will compete with AT&T’s own GigaPower fiber service, which launched in Austin this week.

Current rules require utilities to provide non-discriminatory access to poles for all electric and telecommunications companies. AT&T has declared Google is neither, but is willing to work with the company once it is “qualified,” said Tracy King, AT&T’s vice president for public affairs.

“By challenging the city to force an employer to share its equipment contrary to federal law and without transparency, Google appears to be demanding concessions never provided any other entity before,” said King.

The dispute now threatens to involve Austin’s city council, which fears AT&T’s position could result in thousands of new utility poles being installed next to AT&T-owned poles. City officials warn they are willing to settle the matter by changing the rules for all utility companies, using their authority as the owner of the land on which the utility poles are placed.

“We don’t want people to put up their own poles,” Rondella Hawkins, Austin’s telecommunications and regulatory affairs officer, told the Austin-American Statesman. “We want to avoid anybody putting up redundant utility poles. Could you imagine a city where all the (telecommunications) providers individually have their own utility poles? It would be a mess.”

Google said it wants to bring its fiber network to Austin in the least disruptive way possible, and AT&T’s actions may complicate the project.

Martinez

The proposed rules change threatened by the city council brought immediate opposition from both AT&T and the unions that represent AT&T workers.

“The city of Austin should not jump into what amounts to a business dispute and create winners and losers before everyone can present data on all the stakes that are involved,” wrote Becky Moeller, president of the Texas AFL-CIO.

This afternoon, with the rules change pending on the calendar, Google and AT&T apparently decided to work out the dispute before the city imposed a solution.

“After hard work, lots of meetings and tons of input – AT&T and Google agree to negotiate their issues with the city,” Austin council member Mike Martinez wrote on his Facebook page. “A postponement of [the ordinance change] is highly likely. Thank you to them and all who helped make this happen.”

[flv]http://www.phillipdampier.com/video/KVUE Austin Dispute Between Google ATT 12-11-13.mp4[/flv]

KVUE in Austin reports the pole attachment dispute between AT&T and Google threatens to involve the city council. (3:09)

After nine months of foot dragging-negotiations between Overland Park officials and Google Fiber, a last-minute protest by a city council member over an indemnification clause that turned out to be insignificant was the last straw.

Now residents of Overland Park are off Google’s upgrade list for gigabit broadband indefinitely.

Service providers often face a minefield negotiating with local governments over issues like zoning, performance guidelines, franchise agreements, and minimizing disruption to the community. Some also face confusion about technology or a lack of understanding that infrastructure projects require careful scheduling and seasonal construction limitations.

In Overland Park, it was “all of the above” say infuriated residents who watched the fiber project slip away at an Oct. 14 city council meeting when lawyers representing Google requested an indefinite continuance.

“Clearly Google was saying to Overland Park and other cities: if you make this process too difficult for us, we will pick up our ball and go play somewhere else,” said Overland Park resident Robert Walch.

Walch said city council members appeared shocked when Google’s representative broke the news. Just a month earlier, council members including Terry Goodman, Curt Skoog, and Richard Collins seemed intent to pelt Google with a range of objections and unusual questions that suggested a lack of basic knowledge about fiber broadband.

Phillip Dampier

According to those in attendance, Skoog in particular seemed far out of his depth, questioning if 1,000/1,000Mbps was fast enough to provide connections for 6-12 computer terminals inside a local school.

Council member Park Lyons patronizingly told Google representatives Overland Park was one of the best cities in the country and he was glad Google recognized as much.

“There is so much excitement about Google Fiber, and I know people think we should blindly go forward, but I think we need to look at this in a dispassionate way and have due diligence,” Lyons explained.

As Google’s representatives continued to field questions about the project even as the 2013 construction season began to wind down, Skoog sensed Google’s growing exasperation, finally asking at an earlier meeting if they were prepared to walk away over what Skoog characterized as a “minor detail.”

The answer, apparently, was yes, much to the surprise of a stunned city council witnessing a privately funded, multi-million dollar broadband improvement project collapsing before their eyes. Damage control for exposed council members likely to face the wrath of voters began immediately, starting with a symbolic, but largely empty resolution expressing the council’s profound interest in the fiber project they just buried.

“It’s disappointing because it would have been nice to have in the schools and the libraries and stuff. I know that the Internet is really spotty at the school,” Katie Lehn, an Overland Park mother told KCTV-5.

“Overland Park made it really, really hard for Google, and Google has a lot of other cities and towns to work with,” noted Walch. “I have to say, if you’re on Overland Park Council now, you have to know that this is your last term.”

Industry observers agree with Walch.

“Google maybe wanted to send a louder message that they wanted faster response from other communities to come,” said Donna Jaegers, a telecommunications analyst for D.A. Davidson & Co. “A month delay would not be enough to put off a design like that.”

“Google is sending a negotiating message to any other city: You take our terms, or we’re going to walk,” said Steve Effros, an industry analyst who headed the Cable Telecommunications Association for two decades.

Effros told the Associated Press Google was obviously making an example out of Overland Park, while getting special treatment from other nearby communities that incumbent cable and phone companies never got.

The message that Google is willing to walk away from lucrative, upscale communities like Overland Park over bureaucratic headaches has an impact on both Google and local government. Overland Park is an upscale community of 176,000 within metro Kansas City. The community’s median household income is more than $66,500 a year — excellent prospects to sign up for Google service.

But now Overland Park will have to wait even as neighborhoods around the community get the fiber optic service first.

“Overland Park wants Google Fiber,” said Overland Park Mayor Carl Gerlach. “The city council is ready to sign on the dotted line. … We’re willing to wait as long as it takes.”

Google isn’t ready to forgive and forget just yet, and communities like Overland Park cannot say they were never warned.

Milo Medin, Google’s vice president of access services, told the media in May that Google was picking communities that make their life easier as the fiber infrastructure is installed.

“In general, we go where it’s easy to build,” Medin said. “If you make it hard for me to build, and there are other places where it’s easy to build, I will probably go to those other places.”

Six months later, nothing has changed.

“We need to refocus our energy and our resources on the communities that are waiting for fiber,” said Google spokeswoman Jenna Wandres.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KCTV Kansas City Overland Park on Hold With Google 10-25-13.mp4[/flv]

KCTV in Kansas City reports Overland Park residents are unhappy Google Fiber is popping up everywhere, but not in Overland Park.  (3 minutes)

An enterprising reader of the Broadband Reports‘ AT&T Forum stumbled on proposed pricing for AT&T’s faster speed services for U-verse and, presumably, their planned fiber-to-the-home rollout in Austin, Tex.:

The prices are no bargain in comparison to the $70 a month Google charges Kansas City residents for 1,000/1,000Mbps service, but on the lower end, AT&T’s 45Mbps U-verse option is comparable to Time Warner Cable’s 50/5Mbps tier, which now sells for $65-75 a month on a one-year promotion:

Time Warner Cable’s latest broadband offers

Verizon is “redefining the power of the Internet” in select FiOS areas with the introduction of a new 500/100Mbps speed tier that blows away Time Warner Cable and leaves Cablevision and other competitors woefully behind.

Just weeks after Cablevision boosted upload speeds, Verizon has responded with service offerings up to a half gigabit in speed, telling customers FiOS Quantum 150/65Mbps, 300/65Mbps, and 500/100Mbps plans will “radically change everything you do online right now – and in the future.” It is ten times faster than the fastest service available from Time Warner Cable in the northeast: 50/5Mbps.

Verizon’s fastest broadband does not come cheap, however. The 500Mbps package starts at $294.99 a month for new customers with a two-year contract. Verizon Voice service is required to get the promotional price and a $165 early termination fee applies (reduced by $7.50 for each month a customer maintains service). A $59.99 activation and other fees, taxes, charges, and terms apply. Customers must also pass a credit check to avoid a deposit. Skip the contract and other requirements and the rate is only slightly more: $304.99 a month.

Verizon is charging nearly four times more than what Google charges for its twice as fast gigabit service. But analysts believe that Google will never venture into Verizon FiOS territory so price competition is unlikely in the near term. Cable operators that compete with Verizon would have to dedicate a considerable amount of bandwidth to best Verizon’s download speeds, and matching upstream speeds will be even more problematic unless and until cable operators transition their systems to all digital video to free up bandwidth.

But Verizon’s fastest Internet speeds are not available in all FiOS areas. The company warns “500/100Mbps service availability may be limited in your area based on network qualification requirements.”

Verizon’s competitors, which don’t have the benefit of an all-fiber network, continue to stress consumers simply don’t need any speeds faster than what they now offer. Frontier Communications believes most consumers do just fine with 6Mbps DSL. Verizon’s larger cable competitors range from Time Warner Cable, which does not even try to match its competitor’s fiber speeds, to Bright House, which competes with Verizon FiOS in Florida, to Comcast, which offers faster Internet service but regularly threatens to cap how much customers can use each month. Verizon FiOS has, in practical terms, no usage caps.

“For some, the discussion about the broadband Internet seems to begin and end on the issue of ‘gigabit’ access. The issue with such speed is really more about demand than supply. Most websites can’t deliver content as fast as current networks move, and most U.S. homes have routers that can’t support the speed already available.” — David Cohen, chief lobbyist, Comcast Corp., May 2013

“Residential customers, at this time, do not need the bandwidth offered with dedicated fiber – however, Bright House has led the industry in comprehensively deploying next-generation bandwidth services (DOCSIS 3.0) to its entire footprint in Florida – current speeds offered are 50Mbps with the ability to offer much higher. We provision our network according to our customers’ needs.” – Don Forbes, Bright House Networks, February 2011

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Verizon FiOS Introduces 500Mbps 7-22-13.mp4[/flv]

Verizon FiOS introduces faster broadband speeds to help customers accomplish more of what they want to do online. Verizon’s Fowler Abercrombie says ‘it’s only the beginning’ as Verizon continues to innovate on its fiber to the home network. (2 minutes)

Google Fiber may not be coming to a Kansas City apartment complex near you.

The coveted gigabit fiber to the home service is drawing criticism from owners of multi-dwelling units, condos, and apartment buildings because of its installation fee.

Google requires property owners to either go all-in or forget about getting the service. That means $300 for each apartment or condo, regardless of whether it is occupied or if an existing tenant wants the service or not.

Landlords tell the Kansas City Star the installation fee is just too much, especially when considering the phone and cable company wired their buildings for free. The newspaper notes that a 350-unit apartment complex opting in to Google Fiber will have to pay more than $100,000 upfront just to get the service.

Those living in one of nine CRES Management apartment complexes suspect they won’t be getting Google Fiber now or in the future — the property owners balked at an installation fee for their properties well into the six figures.

“I don’t know many apartment complexes that have $100,000 in the bank just waiting to be spent,” said Jon Gambill, CRES Management information technology director.

Google doesn’t offer volume discounts for multi-dwelling unit owners, but is willing to accept installment payments over 12 months. Google has also promised to refund the installation fees in $25 monthly increments for each paying customer until the $300 per unit fee is returned. But if a renter opts for the free, slower Internet service Google provides, the landlord will have to absorb the installation cost.

“If people can get free Internet, they’re not going to pay for premium,” Gambill told the newspaper. “If someone doesn’t want to pay for Internet, they really don’t have to, but then we’ve lost out on that reimbursement.”