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Consumer Victory: Broadband Grant Criteria Will Protect Net Neutrality, Create Public Service Infrastructure

Phillip Dampier July 1, 2009 Net Neutrality, Public Policy & Gov't 3 Comments

This represents another consumer victory, and comes thanks to the hard work of Free Press, which has been a strong advocate for creating robust, equitable access to broadband services throughout the United States, available to those in rural locations as well as economically disadvantaged inner city neighborhoods.  This assures that no grant applicant can take public tax dollars and build discriminatory networks that violate Net Neutrality.

The National Telecommunications Information Administration, along with the Rural Utilities Service, today unveiled grant guidelines for the $7.2 billion allocated for broadband deployment in the American Recovery and Reinvestment Act, signed into law by President Barack Obama in February.

The criteria, or “Notice of Funds Availability,” create a detailed system for prioritizing grant applications and outline how the agencies will distribute $4.7 billion in broadband money for the NTIA’s Broadband Technology Opportunities Program and $2.5 billion for RUS loans and grants. Under the rules announced today for the BTOP programs, applicants that provide wholesale access to their networks at reasonable rates will be given preference for funds. Preference will also be given to networks that offer affordable services and community partnerships, among other public service goals. All recipients will have to operate their networks in a manner consistent with the FCC’s Internet Policy Statement as well as agree to “not favor any lawful Internet applications and content over others.”

In March, Free Press released a broadband stimulus grant scorecard that outlined criteria policymakers should use to score potential broadband deployment projects. Many of the factors identified by Free Press in March, such as Net Neutrality, broadband adoption, affordability, speed and job creation, are reflected in the criteria released today.

“Today, the Obama administration reaffirmed its commitment to Net Neutrality by ensuring that public funds will not be used to build closed and discriminatory networks,” said S. Derek Turner, research director for Free Press and author of the scorecard. “These broadband programs are first class examples of public policy serving the public interest. They will use public dollars to build out Internet access as a public service infrastructure.”

“To those large corporations that say public interest requirements are too restrictive, we say step aside and make way for the thousands of other companies, non-profits and municipalities that are eager to bring the transformative benefits of the open Internet to the millions of Americans left on the wrong side of the digital divide,” said Turner.

Along with the release of grant guidelines, leaders from the three federal agencies charged with collaborating and overseeing the national broadband plan were joined by Vice President Joe Biden in Erie, Pa., this morning to discuss funding. Commerce Secretary Gary Locke, Agriculture Secretary Tom Vilsack and newly appointed FCC chair Julius Genachowski discussed broadband stimulus plans and the importance of providing high-speed Internet to rural America.

“These agencies have set the bar for our nation’s digital future,” said Turner. “The success of the national broadband plan hangs heavily on how these federal dollars are doled out and these guidelines will help ensure that funds are allocated in a fair and efficient manner consistent with the priorities set forth by Congress and the president.”

The RUS and NTIA will begin accepting applications and reviewing them over the coming months. The first round of grant awards are expected to be issued in December.

The End is Near: FairPoint Could Go Bankrupt By Year’s End, Company Says in SEC Filing

Phillip Dampier July 1, 2009 FairPoint 1 Comment

Without an agreement by Fairpoint’s bondholders to delay repayment of at least 95% of FairPoint’s debt, the troubled phone company could find itself in bankruptcy by the end of the year.

That is the company’s own assessment in its most recent filings with the Securities and Exchange Commission.  FairPoint’s crushing debt was taken on in order to purchase the assets of Verizon Communications in three New England states — Maine, New Hampshire, and Vermont.  Verizon has been dumping customers in less proftable areas to concentrate on more populated areas.

Since the sale, it has been one nightmare after another for consumers in those three states, dealing with a phone company called “abysmal,” and a “third-world telephone company” by its customers, and “completely unacceptable” by several state regulators.  From Vermont, where inept employees bungled even the simplest tasks of maintaining basic telephone and Internet service, to New Hampshire where incompetence forced a few businesses to seriously contemplate moving to Massachusetts just to get a telephone line installed, to Maine, where life-threatening 911 failures caused havoc, FairPoint has not proven worthy of running telephone service for any customer in New England.

“There’s no satisfaction in saying I told you so,” said Rand Wilson, a spokesman for the International Brotherhood of Electrical Workers Local 2222 in Boston. “FairPoint said their experience would be different.”

The IBEW was one of the first critics of the sale, and focused their attention directly on point – the debt the company would take on to make the deal.  They ran advertising in all of the impacted states and also pressured lawmakers to review the deal more carefully.

Audio Clip: International Brotherhood of Electrical Workers Radio Spots (3 minutes)
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The IBEW has experience with bad telephone companies.  In Hawaii, their members blasted a deal where a private equity firm borrowed heavily to purchase Hawaii’s largest phone company from Verizon in 2005.  It was also a disaster for consumers, with lousy customer service, declining revenue, and eventual bankruptcy.  IBEW warned state officials pondering a Verizon-FairPoint deal about their experiences.  State officials didn’t listen.

Now those same officials are hiring consultants to prepare their states for the real possibility of FairPoint going bust by the end of the year.  Should that happen, phone service will almost certainly continue for millions of New England FairPoint customers.  But as far as a restructured FairPoint keeping all of the promises it made to get approval of the deal, residents may find those deals are disconnected or no longer in service.

Joost is Toast: Company Shifts Business to Serve Cable/Media Companies With Their Own Online Video Services

Phillip Dampier June 30, 2009 Issues Comments Off on Joost is Toast: Company Shifts Business to Serve Cable/Media Companies With Their Own Online Video Services
Joost Signs Off

Joost Signs Off

Joost, the online video service that preceded Hulu but has since been overshadowed by it, has announced it is shifting priorities away from serving online video to consumers, to serve cable operators and other media companies with their own ready-made online video platforms instead.

Joost’s failure comes as a result of the difficult advertising marketplace.  Like Hulu, and many other ad-supported websites, the ongoing recession has made it difficult to attract advertisers to support the costs of licensing and distributing television shows and movies.  As a result, the company today announced it would be refocusing itself on selling its services to other media providers.  Joost tried to market itself to cable companies earlier this year, reportedly talking with Time Warner about buying out the service.  But no deals were forthcoming, and the financial picture at Joost appeared bleak.

Joost still will maintain its website with some of the content it continues to hold licensing agreements to stream to viewers.  But once those agreements expire, the future of the site itself becomes an open question.

In simplified terms, Joost plans to sell a ready-to-run video platform to any media company that wants to deliver online video to customers, subscribers, or the public.  The media company simply has to customize its website’s look, and Joost’s streaming technology will run underneath it.  Joost already uses copy protection and authentication technology to “pre-authorize” viewers to permit them to access content based on their Internet address and location (licensing agreements often are for individual countries only, not worldwide), so their platform is already capable of restricting access to authorized viewers only.

Joost was the brainchild of Niklas Zennström and Janus Friis, the duo that also founded the music swapping service Kazaa and the popular Skype calling service.  All three services originally relied on a peer-to-peer distribution platform, which meant while you swapped music on Kazaa, make phone calls on Skype, or watch videos on Joost, the software quietly shared some of your bandwidth with other users to help transport music, phone calls, or video.  Joost required users to download a software application to access the service, something that proved unpopular with the Internet masses.  Hulu soon appeared and allowed people to watch video right from their browsers and quickly overran Joost in popularity.

By the time Joost came up with their own browser-based service, dumping the peer-to-peer distribution model, it was too late.  Most major networks and content producers had already signed their allegiance to Hulu, and Joost’s content selection stayed largely stagnant.  At one point, Joost tried to bring in user-created content and short form video, but most viewers weren’t interested.

It’s the second failure among online video services this month.  Microsoft announced in mid-June it was “scaling back” Soapbox, its attempt to rival YouTube with user-generated video content.  Soapbox had actually been around since 2006, but was often used to post copyrighted video content hassled off of YouTube.  By 2007, Microsoft stopped accepting new users until it got copyright violations under control, but by the time it returned, nobody outside of Microsoft’s Redmond, Washington campus cared.  The service now primarily exists to host Microsoft-generated video content.

Verizon Sends Cautionary Signal Over Frontier Spinoff: “Integration Rarely Happens Overnight or Without a Hitch”

Phillip Dampier June 30, 2009 FairPoint, Frontier, Verizon Comments Off on Verizon Sends Cautionary Signal Over Frontier Spinoff: “Integration Rarely Happens Overnight or Without a Hitch”

Verizon is concerned about potential risks for data hacking and security breaches associated with mergers and acquisitions in undertakes.  The Verizon Business Risk Team reported that 13% of the breaches studied in 2008 involved companies undergoing transition as part of a merger or acquisition.

Verizon signaled caution to prospective Frontier Communications territories about to be spun away from Verizon:

“Mergers and acquisitions bring together not only the people and products of once separate organizations, but their technology environments as well. Integration rarely happens overnight or without a hitch.”

TheDeal.com writes Verizon has the experience to understand the risks, as both a buyer and seller.

Verizon’s selling of its operations in New England to FairPoint Communications was particularly noted, because of ongoing billing, customer care, and other transition problems, some of which are still unresolved to this day.

Groton, Massachusetts Approves Verizon FiOS: Loudest Complaint? Why Isn’t It Here Yet.

Phillip Dampier June 30, 2009 Verizon 5 Comments

Charter Communications is going to have some major competition in the Massachusetts city of Groton over the next year as city officials signed a 15-year franchise agreement with Verizon Communications to bring the fiber-to-the-home service to area residents.

Verizon promised to introduce FiOS service to area residents immediately, with a build out to nearby communities taking place over a four year period.  The deal brings competitive choice to Groton, which until now has relied exclusively on Charter Cable for cable television service.

Verizon agreed to spend $112,500 to outfit four locations with broadcast equipment and provide three public access channels.  Equipment will be installed at the Town Hall for local government coverage, the local public library, the middle school Performing Arts Center and a nearby senior center.  The franchise fee will be 4.2% of local earnings and a 50 cent fee per subscriber per year, all paid to Groton’s local government.

The loudest complaint came from one resident who wanted to know why service might not be immediately available on his street.  He told local officials Charter had the “worst service” on his street and wanted the Verizon alternative immediately.

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