All Arcadia, N.Y. town supervisor Dick Colacino wanted was for Time Warner Cable to consider using some of their profits to expand their cable system by one or two roads a year to offer service where it has earlier refused to go.

Time Warner Cable’s response? No.

But Time Warner might turn that “no” into “yes” if customers offer to cover the cable company’s estimated cost of $22,000 per overhead mile to extend cable service down ignored rural roads. Underground wiring costs much more.

Every year, elected officials in just about every small town and village get an earful of complaints from bypassed residents who cannot get cable broadband service.

Arcadia (pop. 14,900) is a small community in Wayne County, east of Rochester. Time Warner Cable dominates western and central New York, with cable service from Albany west to Buffalo. In Wayne County alone, Time Warner is the only cable provider in the 23 largest municipalities. But the company has routinely skipped over potential service areas it considers not worth a wiring investment. That leaves bypassed residents with one choice for broadband — Verizon Communications, which has not expanded DSL service in the area for some time.

The New York Public Service Commission has mandated that cable service must be available to any area where 35 homes per mile are located within 150 feet of the road.

Time Warner representative Chris Mueller says the cable operator has already cut that benchmark to 20 miles per home, but areas remain that do not meet even that reduced standard. Without an appropriate return on investment within a certain time frame, Time Warner Cable won’t wire those areas for service.

Colacino told Mueller he was very unhappy with that decision and intended to pursue the matter at franchise renewal time, possibly in coordination with other communities that also have a number of bypassed residents. A community can negotiate for changes during franchise renewal talks, but in almost every case, the incumbent cable operator holds the strongest position, knowing a community looking for another provider will be unlikely to find one willing to serve.

Colacino has battled with the cable company since at least 2010 because of complaints from area residents and businesses who cannot get service.

That year, a Time Warner Cable government affairs representative offered Colacino a novel solution to the problem — agree to refund collected franchise fees to Time Warner Cable, after which the company would consider using the money to expand service to more roads in Arcadia.

The only problem with that solution is that it is illegal.

“You can’t do that,” town attorney David Saracino responded. “It’s an unconstitutional gift of public monies.”

Despite findings from an independent consultant that reported West Virginia wasted millions on a broadband expansion effort that effectively built a private, taxpayer-funded fiber network for Frontier Communications, the governor’s office abruptly canceled a 2011 follow-up state audit of the $126.3 million project.

The Charleston Gazette reports Gov. Earl Ray Tomblin’s office said it dropped the audit because Frontier “answered or addressed” issues raised in a memo produced by an out-of-state independent consulting firm.

ICF’s document was so scathing of the state government’s handling of federal broadband stimulus funds, the governor’s office kept it secret until a copy was independently leaked to the Charleston newspaper. The governor’s office said it initially withheld the “internal memorandum” produced by Vienna, Va.-based ICF International because it proved “embarrassing to some people.”

Among ICF’s findings:

• Taxpayers underwrote the construction of a Frontier Communications’ owned and operated fiber broadband network so fragmented in its construction, the only entity likely to benefit is Frontier Communications;
• ICF found West Virginia’s broadband grant program created an “unintended monopoly” for Frontier Communications, and an unusable ‘open access’ network except for Frontier;”
• Frontier’s documentation and expense reports, submitted for reimbursement by taxpayers were inadequate and could have resulted in double billing;
• Frontier overbuilt its network with excessive numbers of fiber strands three to six times above industry standards, driving up construction costs.

Frontier’s called the ICF report “worthless” and accused the consultant of using inaccurate and stale comments that repeat “previously repudiated allegations.”

Frontier also produced its own company-sponsored “external audit” of its work on the $126.3 million broadband project that found “no material deficiencies.”

But ICF says it is standing by its report, and documented instances where the state authorized Frontier to spend significant sums to build fiber connections to community institutions that were later scaled back by the company. Whether Frontier was paid for the originally scheduled work, or for the scaled back construction eventually completed, is unknown.

At this point, ICF reports it is resigned to the fact Frontier will be a major beneficiary of the taxpayer-funded fiber infrastructure and the state has few options to fix the problems they created. The consultant firm says the only workable option would be a joint effort by Frontier’s competitors to build, at their own expense, a “middle-mile, open-access network” that can interconnect with Frontier’s taxpayer-funded network, assuming Frontier will allow it.

A major critic of the broadband stimulus program in West Virginia, Citynet President Jim Martin, has long said the broadband project was primarily going to benefit Frontier.

In September 2010, Martin told the Gazette, “Frontier is going to have the state’s business forever. No other company will have the money to come in and build the network.”

Two months later, Martin was back ringing the alarm bell before more than $126 million in taxpayer funds were spent.

“The state represented it would build a ‘middle-mile’ network reaching 700,000 homes and 100,000 businesses, and it would be this great new superhighway and do all the things the federal government is seeking,” Martin told the Gazette. “But afterward, Citynet and others got to look and it looks like it is a windfall for Frontier Communications only.”

“We’ll ultimately prove this was a complete sham and didn’t benefit anybody,” Martin said. “We’re here. We’re not going anywhere. We totally recognize this is going to be a long battle unless the Broadband Council or the new governor or the next governor does something. We’re going to be on this for however many years it takes. We’re going to hold the state accountable for every single dollar they’re spending. At the end of the day we will show that no jobs were created, there’s no benefit to the citizens of West Virginia. Hopefully we’ll show this was all about Frontier.”

Three years later, Martin is still trying to get accurate broadband maps that depict exactly where Frontier has laid its publicly funded fiber infrastructure. Apparently they are secret, too.

“I will be dead in the ground before Verizon gets around to restoring my phone line, and I have been their customer for 72 years,” says Irene, 95, one irate now-ex Verizon customer in New Jersey.

She, like many others, lost her Verizon landline during Hurricane Sandy and has waited for its return ever since.

“She has the patience of a saint, but if Verizon was in charge of admitting people beyond the Pearly Gates, there would be a line stretching endlessly across the heavenly clouds,” shares Irene’s daughter Agnes.

Irene and her late husband had their telephone hooked up by Verizon’s predecessor three days before Pearl Harbor. For the non-history initiated, that was Dec. 4, 1941.

President Franklin D. Roosevelt called Dec. 7, 1941 a Day of Infamy. Irene’s family calls Oct. 29, 2012 “The Day After Infamy” after Hurricane Sandy slammed ashore in the northeast and wiped out phone service up and down the tri-state coastal area. She is still waiting for her dial tone to return on her 1972 rotary dial phone.

“Everyday I pick it up just to see if there is anyone there, and of course there isn’t,” Irene tells Stop the Cap! “I used to worry about the cat knocking the phone receiver on the floor, but it does not make much difference anymore.”

Irene cannot understand why Verizon is allowed to get away with such shoddy service.

“Just a few years ago, if your phone was out for three days you would have a supervisor apologizing and sending repairmen out even if their supper was waiting on the table getting cold,” Irene remembers. “Those days are over I suppose.”

Irene lives with her daughter in a home that escaped the worst of the storm, but unfortunately her phone service was not so lucky. Verizon has not provided fiber optics in her part of New Jersey yet either, so FiOS is not an option.

“You call Verizon and they are very apologetic on the phone and keep writing up service calls, but unfortunately nobody ever comes and nobody will tell us anything,” Agnes said. “We even tried praying, but Verizon answers to a different God.”

Irene’s great-grandchildren visit with cell phones in hand and cannot understand why Irene still bothers with her home phone, and the family purchased her a cell phone for Christmas to use in the interim but Irene has thrown it in a drawer.

“My phone has been with me since Richard Nixon was in the White House and it is all I have ever needed or wanted,” Irene says. “Agnes will answer the cell phone and hand it to me but the sound on it is terrible, like everyone is in the shower when they are calling.”

Agnes also dials outgoing calls for Irene, and her grandchildren helped her compose the e-mail sent to Stop the Cap! asking if we could help.

“My kids told me Verizon has installed these wireless boxes and screwing them into the wall and I don’t want that,” Irene insisted. “I just want them to fix the phone line and leave it be.”

Irene adds she has paid The Phone Company more than her fair share during the last seven decades.

But during a recent emergency family meeting, a decision was made to deal with a half-year of the “Verizon Problem” once and for all. After corresponding with us, they are signing up for Comcast phone service instead.

“The man at Comcast said I could keep my current phone and I don’t have to have an ugly box screwed into my wall, which suits me fine, but they should know I don’t care for their prices or all of that nonsense they put on the television.”

Comcast installed the family’s phone service yesterday and all is well, at least until the cat knocked the phone off the hook again.

Irene asked her last name be omitted for privacy.

Cricket wants to convince you that paying AT&T or Verizon $90-120 a month for a cell plan with unlimited calling, texting and a 1-3GB data plan is too much, because it can sell you an “all-unlimited plan” for $45.

Cricket this week launched its “Half Is More” marketing campaign online, as well as in print and television advertisements.

“When we go out and talk to a lot of consumers, we hear a lot of angst from post-paid subscribers,” Cricket senior vice president Tyler Wallis told CNET. “They’re not happy with the service they’re getting and they’re feeling like they’re getting gouged.”

They also might not like finding out their “unlimited use” data plan actually comes with a barely disclosed speed throttle that kicks in after only 1GB of usage, reducing speeds to near dial-up for the rest of the billing cycle.

Cricket defends the claim they offer “unlimited” data service by stating they do not completely sever a customer’s data connection when they reach the limit, or charge them overlimit fees. They just slow the service down… a lot. Cricket customers tell Stop the Cap! Cricket’s wireless Internet becomes almost unusable once they are placed in the usage penalty box.

Cricket also depends heavily on Sprint for roaming coverage outside of the small number of home markets where Cricket owns and operates its own network. For many customers, that means frequent roaming on Sprint’s 3G network, which is not rated well for its speed and performance.

Once throttled, customers are stuck in the slow lane until their next billing cycle begins.

Customers with light data needs might find Cricket’s plan an option, assuming they have good coverage either from Cricket itself or roaming on Sprint’s network.

Cricket’s campaign noticeably avoids comparing their plan against T-Mobile, which offers a $70 monthly truly unlimited plan or for ten dollars less, a 2GB plan with unlimited calling and texting.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Cricket Ad Unlimited 5-13.mp4[/flv]

How easy can you read the white fine print disclaimer on the white background in Cricket’s ad? Cricket advertises unlimited data but keeps its speed throttle mostly to itself. (1 minute)

One of the chairs of the North Carolina House Finance Committee abruptly resigned his chairmanship on the House floor Wednesday, submitting a letter read aloud in the chamber that accused fellow Republican House Speaker Thom Tillis (R-Mecklenburg) of having an unexplained business relationship with Time Warner Cable.

Rep. Robert Brawley (R-Iredell) wrote Tillis burst into his office demanding to know about a bill Brawley introduced that would have weakened the 2011 law Tillis strongly supported that severely restricted publicly owned broadband networks in the state.

“You slamming my office door shut, standing in front of me and stating that you have a business relationship with Time Warner and wanting to know what the bill was about,” Brawley wrote in his resignation letter. “You and I both know the bill stifles the competition with MI Connections in Mooresville. MI Connections is being operated just as any other free enterprise system and should be allowed to do so without the restrictions placed on them by the proponents of Time Warner.”

Tillis’ office described the resignation of Brawley’s chairmanship as “a mutual decision.”

Tillis was honored in 2011 as ALEC’s “Legislator of the Year” and received an undisclosed cash reward. Time Warner Cable is a corporate member of ALEC.

House Bill 557, introduced by Brawley, would have permitted an exception under state law for the community-owned MI Connection cable system to expand its area of service to include economic development sites, public safety facilities, governmental facilities, and schools and colleges located in and near the city of Statesville. It would also allow the provider to extend service based on the approval of the Board of County Commissioners and, with respect to schools, the Iredell County School Board.

The bill died in the Committee on Government earlier this month.

MI Connection is the publicly owned and operated cable and Internet system serving the towns of Mooresville, Davidson and Cornelius in the counties of Mecklenburg and Iredell. It was originally a former Adelphia-owned cable system that fell into disrepair before it was sold in a bankruptcy proceeding. MI Connection has proved financially challenging to the local communities it serves because the antiquated cable system required significant and costly upgrades, faces fierce competition from AT&T and Time Warner Cable, and lacks the technological advantage fiber to the home offers other public networks like Greenlight in Wilson and Fibrant in Salisbury. Despite the challenges, MI Connection has successfully upgraded its broadband infrastructure with the fastest speeds available in the area — up to 60/10Mbps.

Tillis helped shepherd into law the 2011 bill that Time Warner Cable helped write and sponsor designed to stop public networks like MI Connection from expanding and new public networks ever seeing the light of day. The legislation places strict limits on public broadband network deployment and financing. The bill Brawley introduced would have chipped away at the law’s limits on network expansion. Brawley’s letter suggests Tillis had direct involvement stopping his bill from getting further consideration.

Brawley

Both Brawley and Tillis represent portions of the MI Connection service area.

Time Warner Cable has a long history pushing for community broadband bans in North Carolina, but the bills never became law when the legislature was still in the hands of Democrats. But in late 2010, Republicans took control of the state house for the first time in more than a century. Time Warner Cable’s fortunes brightened considerably under Republicans like Rep. Marilyn Avila (R-Wake). Avila willingly met with Time Warner Cable’s top lobbyist to coordinate movement on the community broadband ban legislation she introduced and after it became law was honored by the state cable lobby at a retreat in Asheville.

Tillis, who became speaker of the house in 2011 under the new GOP majority, received $37,000 in telecom contributions in 2010–2011 (despite running unopposed in 2010), which is more than any other state lawmaker and significantly more than the $4,250 he received 2006–2008 combined. AT&T, Time Warner Cable, and Verizon each gave Tillis $1,000 in early-mid January, just before he was sworn in as speaker on January 26. Tillis was in a key position to make sure the anti-competitive bill moved along the legislative pipeline.

Last summer, Time Warner Cable returned the favor inviting Tillis to serve a prominent role at a media event inaugurating its Wi-Fi network in time for last year’s Democratic National Convention, held at the Time Warner Cable Arena.

Despite all that, newspapers in the state are having trouble determining exactly what ties Tillis has to Time Warner Cable. The Raleigh News & Observer noted, “It’s unclear what relationship Tillis might have to Time Warner. His financial disclosure lists no connection.”

The Greensboro News & Record published a non-denial denial from Tillis spokesman Jordan Shaw: “Shaw said he doesn’t know of any business relationship between Tillis and Time Warner.” The paper added, “a regional Time-Warner spokesman said Tillis has no ties to the company.”

“Not knowing” is not a total denial and a legislator need not have direct ties to a company to be influenced by their agenda through lobbyists like the North Carolina Cable Telecommunications Association, the statewide cable trade association that includes Time Warner Cable as its largest member. Then there are third-party groups.

A May 7 editorial in the News & Observer pointed out Tillis does have close ties to the American Legislative Exchange Council (ALEC), a group financed in part by Time Warner Cable and cited by CEO Glenn Britt as a useful asset to the cable operator because it was “particularly focused on telecom matters.” The commentary, “ALEC’s Guy is Thom Tillis,” reminded readers Tillis wasn’t just a casual member of the corporate-funded group, he’s a national board member. In fact, Stop the Cap! has learned he was ALEC’s 2011 Legislator of the Year. On hand at the 2011 New Orleans ALEC event to applaud Tillis were more than two dozen fellow North Carolina Republican legislators, including Reps. Marilyn Avila and Julia Howard.

Among the model, corporate ghost-written bills ALEC maintains in its extensive database is one that restricts or bans publicly owned broadband networks, similar to what passed in North Carolina in 2011.

The fortunes of ALEC (and the corporations that underwrite its operations) have continued to improve in North Carolina this year. The News & Observer notes:

ALEC, as it’s known, has provided language for bills that [have been] used this session in North Carolina, ranging from creating an independent board to take charter school governance away from the State Board of Education to protecting a Philadelphia-based company from lawsuits involving asbestos exposure to installing an anti-union amendment in the state constitution. Closer to home, the Civitas Institute, a conservative group, used ALEC literature in an indoctrination…er, training…session for freshman lawmakers.

“I wish you’d turn the camera off now because I am going to get up and leave if you don’t,” said Rep. Julia Howard

Uncovering the corporate influence and pay to play politics pervasive in North Carolina’s legislature on broadband matters has proved historically scandalous for members and ex-members alike, as Stop the Cap! has reported for more than four years:

• In 2009, Rep. Ty Harrell (D-Wake) ran away from his own bill to ban community broadband after he admitted he ran into a hornet’s nest of controversy over the legislation, which was introduced because Time Warner approached him and asked for it. Later that same year he ran into another hornet’s nest over allegations of misused campaign funds and resigned his office;
• In 2010, Sen. David Hoyle admitted he introduced a community broadband ban in the North Carolina Senate that the cable industry wrote with his help. When asked about criticism that he was “carrying water” for the cable companies, Hoyle replied, “I’ve carried more water than Gunga Din for the business community – the people who pay the taxes.” He decided not to run for re-election;
• In 2011, life became uncomfortable for Rep. Julia Howard (R-Davie, Iredell), who became so upset over scrutiny she received from Raleigh’s NBC affiliate over the bill to ban community broadband, she threatened to flee the interview if the cameras were not shut off.

Tillis is following in others’ footsteps and is suspected of having even bigger political ambitions for 2014 — challenging the U.S. Senate seat now held by Democrat Kay Hagan.

The News & Observer thinks Tillis is forgetting about the people who elected him to office:

For North Carolinians of any political philosophy, however, the larger concern here is that laws are being written by those outside the state with only an ideological interest. ALEC, except for advancing its agenda, likely could care less about issues specific to North Carolina, things of intense, day-to-day concern to North Carolinians.

And not only are bills being influenced by ALEC, the speaker of the House is on the group’s board.

Thom Tillis and his Republican mates on Jones Street weren’t elected to march to orders issued by some national organization. Perhaps if they kept their eyes and ears open for constituents, their legislative agenda might be more about them and less about doing ALEC’s bidding.

Brawley himself is not free from controversy. In addition to attending the aforementioned ALEC event in New Orleans with Tillis, Avila, and Howard, earlier this year Brawley introduced House Bill 640, legislation that would roll back ethics reforms and allow lobbyists to once again give gifts to state lawmakers without any public disclosure.

Brawley told WRAL-TV that required ethics classes on gifts and disclosure requirements “are useless for anyone without internal ethics anyway. They only tell you the law. They do not guarantee integrity. What makes you think a person without ethics is going to obey a law anyway?”

The laws were enacted after a major 2006 scandal involving then-House Speaker Jim Black.

Corrections: In the original article, we mistakenly identified the News & Observer as a Charlotte newspaper. It is actually published in Raleigh. We also wrote that House Bill 557 died without being assigned to any committee for consideration. We received word the bill was actually referred to the Committee on Government on Apr. 4, 2013 where no further action was apparently taken. We regret the errors.