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Call to Action for Monroe County, NY Residents!: Call & E-Mail Town Supervisors NOW!

Phillip Dampier April 13, 2009 Events, Public Policy & Gov't, Talking Points 44 Comments

[Updated Tuesday 10:12am: Added city of Rochester, although I do not know if Mayor Duffy is invited to these gatherings.]

This Friday, there will be a closed meeting of the county’s supervisors, and Time Warner has been invited to come speak on the issue of usage caps and take questions.  The meeting is informal, and not open to the public, but that doesn’t mean you cannot make a direct influence on how this meeting transpires.

I have received direct input that many town and village officials are not hearing from constituents about Time Warner Internet Rationing, and are woefully under-informed about this issue.  Therefore, it is OUR responsibility to help inform, educate, and directly lobby them with our firm opposition to usage caps of any kind, and the complete lack of proven justification for their usage cap experiment, its tiers, and pricing.  Winter is over here in Rochester, but there is a real risk of a Time Warner Snowjob if we do not make it absolutely clear to each and every town that caps are absolutely, unequivocally, unacceptable in any amount.

To not protest means that locally elected officials will be at risk of believing the propaganda they are about to receive and assume it must be accurate because nobody is complaining.  That must change, and preferably before this Friday.

While local officials have no regulatory enforcement power to deny Time Warner the ability to launch their “experiment,” the more opposition on every level, the better.  And don’t you believe this won’t be an issue at franchise renewal time.

Simply put, we must fight this battle on every front at the same time.  So tomorrow morning, start the phone calls, e-mails, and faxes! Some towns, like Brighton, have already had their constituents ringing the phones at the town hall off the hook, and town officials are on board.  Those folks need to hear our thanks and support.  Other towns have not heard as much, and they need to.

Here are the points you need to raise:

  • Time Warner is conducting this experiment in the only upstate city not served by Verizon and their expanding FiOS (fiber to the home) network, which provides formidable broadband competition and a simple alternative for dissatisfied customers to head elsewhere.  They know here in Rochester, you really have nowhere else to go if you want uncapped cable modem-like service.
  • Frontier Communications, while being an honorable corporate citizen by promising not to cap their DSL service, cannot currently compete on the same level as Road Runner for consistency of speed, availability, and price unless a consumer signs a long term contract with a steep cancellation penalty.  If DSL isn’t even available to your home, tell them!
  • Time Warner has consistently refused to publicly release their raw data on which they base their “need” to impose usage caps, tiers, and overage charges.  We are asked to take their word for it.
  • Time Warner just increased rates in Rochester two months ago.  Let them know how much you are already paying, and ask how much more does this company need from us?
  • Ask them what other company would get away with raising the price for unlimited broadband service by 300% with no improvement in service, and only vague promises about a future upgrade.  How can any company ask a customer who wants the same level of service they enjoy today for $39.95, to pay $150 tomorrow?
  • Tell your supervisor their “experiment” is being imposed against your wishes, and that at no time do you want to participate.  Tell them you are concerned they may not understand that by this fall, the higher cost tiers and overage fees are hardly an “experiment” because you are going to be billed for them.
  • Tell them other cable operators like Cablevision do not impose ANY usage limits and don’t want to, because their current pricing is already profitable!  Comcast, the nation’s largest cable operator, charges every standard broadband customer the same price, and simply requests they do not exceed 250GB of usage per month, more than six times the amount Time Warner’s paltry standard service tier would offer.
  • Ask why should Time Warner impose tiers on the customers they claim aren’t even a problem?  Those with lower consumption are being asked to choose a plan that offers as little as 1GB of data, and then they face a $2 per gigabyte penalty for each additional gigabyte!
  • Tell them talking about sending tens of thousands of e-mails and looking at simple web pages is not the real issue.  Using online file backup programs, watching online video, making phone calls over the Internet, and the future services that are forthcoming in our high technology future are what’s at issue, and punitive usage caps retard those services and new businesses from ever getting off the ground, all while a virtual monopoly broadband provider rakes in fat profits.
  • Tell them Time Warner has a vested interest in protecting their core video business – selling you cable TV packages that, ironically, you have to take on an all you can eat basis, while they want to take away that currently affordable option for their broadband service, which now let’s you watch TV and radio programming that could reduce your need to keep your cable TV package.
  • Tell them you don’t want to have to watch a gas gauge and have Internet service rationed to you in small portions at high prices while Time Warner’s own SEC filings show their broadband division continues to grow in profits, all while the bandwidth costs for them are on the decline!  Where is the crisis?
  • Ask them, above all, to not simply accept the statements from interested company officials as fact.  Let them know you’d be happy to provide them with copies of challenges to their assertions, point by point, as well as industry observations which suggest the company is making a spectacle of itself, has tiers bordering on the “obscene,” and are so out of whack with the rest of the American broadband industry, the company has to try and compare its broadband rationing with foreign countries like Australia, Canada, and New Zealand.  Remind them this is Monroe County, New York, United States of America!
  • Finally, let them know that people affected by this include: financially stressed families with teenagers, small businesses run from the home, workers conducting company business from a home office, the large deaf community in our area that depends on broadband video phones to help communicate with friends, families, and business associates, and frankly, your own town’s ability to offer services like online video of town board meetings and functions.

Always be polite, persuasive, and professional in your communications. You need not raise every one of these issues – pick the few that are most important to you, but make it clear this issue is so important to you, your town official’s position on it will be a major factor for you in the next election.  Your choice of arguments should also consider the political environment in your town.  In some communities, you will be more effective when you stress the lack of competition and need for more players in this market, and that there is nothing wrong with pushing back against job-killing, innovation wrecking, unjustified capping experiments in our hurting economy. In others, reminding them of Rep. Eric Massa’s involvement in this issue and that there is a groundswell of consumer opposition visible in every form of local media and online.

This site is ready and willing to answer any question from any government official looking for additional information or resources on this topic.  And those answers won’t just be coming from me, but from independent news sources, researchers, and industry trade publications that do report on and explore capping alternatives.  This is an issue that will have a profound impact on this community.  In all my conversations with consumers, government officials, and businessmen, I’ve yet to find one that has been looking forward to their community being the “chosen ones” for this “test.”

Finally, simply ask, “who wants this?”  Outside of Time Warner executives talking to other Time Warner executives, practically nobody.  And just last fall, International Data Corporation asked the same question I did of 787 U.S. consumers.  And remember these results:

  • 81 percent do not like the idea of establishing a bandwidth cap and charging for use above the cap.
  • 51 percent would try to change service providers if their BSP imposed bandwidth caps.
  • 83 percent say that do not know what a gigabyte or have no idea how many gigabytes they use.
  • Even light users are opposed to the whole idea of bandwidth capping.
  • Only 5 percent said unequivocally that “those who use more should pay more.”

Gigaom, a respected online publisher double checked the results with their own poll.  Ninety-one percent of 1,159 voters said that they would switch to another ISP, while 6 percent said they would not switch.

What will consumers pay for?  Improved service today, not vague promises about tomorrow!  Instead of relying on punitive usage caps to finance the next generation of broadband systems, why not create new levels of premium tiers to appeal to the very heavy users Time Warner wants to pay for improvements?  How about faster tiers of service priced higher than the current standard service.  Time Warner themselves had success doing this with the introduction of its Turbo tier for an additional $10 a month.  How about SuperTurbo for $20 more a month?  ExtremeTurbo at $30 more a month?  Sit back and rake in the profits, but make everyone happy, from your lightest consuming customers to the heaviest of them all, who will happily pay for a better level of service today to make an even better and faster level of service available tomorrow.  Caps are for bottles, not for broadband, not in the United States of America.

Here is a comprehensive contact list.  Find your community in the list below and get busy. (Thanks so much to everyone who helped contribute to getting this list together so fast!)

… Continue Reading

Group Project Alert for Rochester/Monroe County – Urgent

Phillip Dampier April 13, 2009 Editorial & Site News 26 Comments

I need some help in putting together a list of all of the town and village supervisors in Monroe County, including phone numbers and e-mail addresses (or at least web sites where you can use a form to contact them). This needs to be done urgently no later than late tonight. Please help out by posting the information you can collect in the comments section. If a group of you wants to get together and divide up the towns, that’s great. It will save me a lot of time in doing this myself tonight. I will explain why shortly.

Messing With Your “Price Lock Guarantee?” TW Early Draft Statements Exposed

Phillip Dampier April 13, 2009 Editorial & Site News 22 Comments
"This is not a rate increase."

"This is not a rate increase."

When you say something on those series of tubes we call the Internet, sometimes it’s awfully hard to get those statements back, thanks to the magic of Google caching.  Carrie, one of our great readers from Texas, clued us in on a tweet from Omar Gallaga at the Austin American Statesman, who noted a copy of a Google cached Time Warner corporate website page that said more than was perhaps intended.

It appears one section was cut out in the final release, but with the miracle of Google caching, it all comes back to life.  More and more, this reminds me of the bizarro world thinking Frontier was doing last summer, until they got smart.  Maybe it’s something going around.

Answers to Your Questions

Will my bill go up?

This is not a rate increase. Rather, it gives each level of Road Runner service a generous amount to use each month but, if of someone goes over the monthly usage allocation, they have to pay a slight fee. That’s the only way your bill would change.

How will this impact my Price Lock Guarantee?

The plan will not impact your Price Lock Guarantee price, but it could mean a small incremental fee that will vary by month depending on how much you exceed the megabit usage that goes with your level of Road Runner service.

How can I know if the plan is fair?

Time Warner Cable simply wants to make sure only those who use large amounts of data either upgrade to a level better for them or pay for incremental amounts they choose to have each month. This ensures others don’t have to pay for or subsidize those heavier users.

Why do I have to pay more for Road Runner?

You won’t be paying more if you are like the average user. These new fees will only be charged to the small group of heavy users that the rest of RR customers are effectively subsidizing.

Well, well, well.  I can see why the language was pulled here.  It’s utter fiction. “A slight fee” amounts up to $75 in overages each month, the bandwidth they are providing is generous if you were accessing the Internet from Zimbabwe, and from Time Warner’s own statements to the SEC, nobody is subsidizing anything – profits are up in the broadband division, as bandwidth costs decline.

But the most important part of this is the bit about throwing Price Lock Guarantee customers under the bus. Price lock contracts are available in some markets, mostly in Texas.  They are not part of service in Rochester. A “small incremental fee?”  Like the “slight fee” of up to $75 a month in overages?  Because these statements are no longer part of the “official release,” we’re not about to say this is what is coming, but it does shine light on the kind of thinking that seems to be at work here.  Doesn’t a Price Lock Guarantee mean… you know, a guaranteed price lock — your rate stays the same.   Why anyone would even draft something saying otherwise is beyond me.

The smartest thing Time Warner could do is pull this entire disaster altogether, and get back in the business of providing affordable Internet access to customers without gotchas, caps, and overage fees.

Congressman Massa E-Mails Supporters to Engage on Time Warner Usage Cap Issue

Phillip Dampier April 13, 2009 Public Policy & Gov't 9 Comments

Rep. Eric Massa (D-NY), took additional steps to educate and inform his supporters this morning in an e-mail message designed to bring additional attention to the Time Warner usage capping issue, and to encourage people to stay aware of ongoing developments.

Rep. Massa has taken a lead on this issue, in response to large numbers of complaints from constituents in his western New York district who would be seriously affected by Time Warner’s usage caps and price hikes.  Many within his district live in rural areas outside of metropolitan Rochester, and do not have access to DSL or wi-fi alternatives, leaving Time Warner broadband with de facto monopoly status.  The congressman expressed dissatisfaction with the “concessions” offered by Time Warner last week in response to customer complaints, noting that customers who wish to retain their current level of broadband service are being asked to pay three times more for the same product.

Hello,

First off, I want to reassure you that this is not a fundraising email.  Instead I want to take a minute to update you on the issues surrounding my opposition to Time Warner Cable’s new plan to restructure how they charge internet customers.  Their new fee structure would be based on how much customers download from the internet, and would result in huge fee increases for many local customers.   Time Warner is rolling this new plan out in several test markets around the country, including right here in the 29th Congressional District, where they have a near-monopoly on internet access.

I stand firmly opposed to this unfair and disproportionate fee increase, and will be moving swiftly to enact legislation designed prevent this ill-conceived plan.  The Massa Broadband Fairness act will prohibit this unfair tiered price structure from internet providers.  At a time when information is vitally important to our global economy, Time Warner Cable wants to charge more for access to information on the internet.  This is a guaranteed mechanism to kill jobs and stifle the economic recovery that we so desperately need.  While I believe in a business’s right to maximize their profit potential, I believe that safeguards need to be put in place when a business has a monopoly on a specific region.  I will fight these unnecessary burdens being place on my constituents, and work to keep access to information available to all.  I believe that this will help create a more vibrant and diverse business community, and will ensure that our schools and colleges continue to lead the nation.

Thank you for all that you do.

Warmest Regards,

Eric Massa

Eric Massa
Commander US Navy (ret.)

Those interested in contacting Congressman Massa’s office to thank him for his efforts are encouraged to call one of the district offices:

Washington DC Office
1208 Longworth House Office Building
Washington, DC 20515
Phone: (202) 225-3161
Fax: (202) 226-6599

Corning District Office
89 W. Market Street
Corning, NY 14830
Phone: (607) 654-7566
Fax: (607) 654-7568

Olean Office
317 North Union Street
Olean, NY 14760

Phone: (716) 372-2090
Fax: (716) 372-2869

Pittsford District Office
1 Grove St
Suite 101
Pittsford, NY 14534
Phone: (585) 218-0040
Fax: (585) 218-0053

Sunday Night Update

Phillip Dampier April 13, 2009 Editorial & Site News 8 Comments

I hope everyone had a good holiday weekend.  I am still working my way through all of the e-mail and will have managed to finish replying to everything up until April 10th tonight.  I have several short updates:

If you’re a participant on DailyKos, please take some time and help our reader Z get the message out, and answer back a few of the folks involved in Z’s diary who are drinking the industry Kool-Aid about usage caps and metered access.  While a lot of folks seem to get it, there are several over there who are in need of an education on this issue.  Feel free to provide one and also give a recommendation to Z’s diary while you’re at it.  It’s patently clear this issue is not one on the right or the left.  It crosses political boundaries.

Reader James has made several banners attacking usage caps and promoting this site, if you care to use them on your own web pages.  Anyone doing banners on this issue can use the Contact link at the top to let us know and we’ll spread the word.

Meter This!  Just one of several protest sites popping up in Austin

Meter This! Just one of several protest sites popping up in Austin

Meter This! is one of several efforts in the Austin area working closely with us to spread the word.  I want to reiterate how important it is for anyone setting up a protest site to consider bringing some of your news and action alerts to us as well, as a contributing author here.  It is essential to try and make sure all campaigns to protest caps coordinate with each other for maximum impact.  My preference is to provide you with access so you can submit ready-to-publish content here.  That will guarantee it gets online fast, and helps give me a break from the email requests on these kinds of subjects.

Phil Harvey, Editor-in-Chief of Light Reading has a great chart showing the damage both AT&T and Time Warner has already done to the good people of Beaumont, Texas. I really need to hear from more folks in Beaumont – it has been the quietest of all of the victimized communities. For everyone else, this is an example of why we’re in this fight. If you live in Beaumont, your choices for flat rate broadband at reasonable pricing appears to be already a thing of the past. If you are one of the “lucky” Time Warner cap cities, one of your choices is about to evaporate. If you are living in a city that isn’t capping your access, the only word you need to remember is YET. We are your early warning wake-up call. This is YOUR fight as well, because if we cannot stop these egregious rationing plans today and now, they WILL be over your head tomorrow. That’s a 100% guarantee for the majority of American cities.

Table 1: Internet Usage Caps (Beaumont, Texas)

Service Provider Bandwidth Cap (GBs) Internet Speed (Mbit/s)
AT&T 150 10
AT&T 150 18
AT&T 80 6
AT&T 60 3
Time Warner Cable 40 10
AT&T 40 1.5
AT&T 20 0.768
Time Warner Cable 20 7
Time Warner Cable 10 3
Time Warner Cable 5 0.768
Sources: Time Warner Cable, AT&T, The ghost of Mildred “Babe” Didrikson Zaharias.

Oh, and by the way, AT&T, you are next. If you are stuck in Beaumont or Reno, Nevada, the test cities for AT&T’s caps, and want in on this fight, drop me a note or add your public comment here. I don’t want anyone to think this is just about Time Warner. It was about Frontier when this site started, and we’ve gone after AT&T and even Comcast. And our neighbors to the north in Canada can already tell you what living the Internet life under caps is like. It’s not a happy story. Canadians, your cause is also our cause. And although the approaches to solve it may not be the same, isn’t it time that consumers join forces and get started in driving public and private initiatives to stop the rationing of Internet access?

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