Malone

Dr. John Malone is a force to be reckoned with and the British are about to get an introduction with this morning’s announcement Liberty Global has acquired Virgin Media in a blockbuster $16.3 billion acquisition deal that will make Malone and Liberty one of the biggest broadband providers in the world. (The deal is valued at $23.3 billion after Liberty agrees to take on Virgin Media’s existing debts.)

Malone will take control of Britain’s largest cable operator and will now also control another 18 million broadband customers in Europe, particularly in Germany and Belgium. His biggest rival will be News Corp.’s Rupert Murdoch who controls BSkyB, Britain’s largest multichannel provider.

Malone’s reputation for ruthlessness precedes him. In the early 1990s, then Sen. Al Gore, Jr., called Malone the Darth Vader of the cable industry. Gore also referred to Malone as the head of a mafia-like “cable industry Cosa Nostra” best known for customer abuse, cold-hearted mergers and acquisitions, and endless rate increases. In the 1980s and 1990s, Malone appeared regularly at congressional hearings to discuss cable industry abuses. At the time, Malone was CEO of America’s largest cable operator Tele-Communications, Inc. (TCI). Today, most of those cable systems are known by another name — Comcast.

In the late 1980s, TCI got the ball rolling on massive rate increases for basic cable service. Other operators quickly followed. As rates exploded upwards, the phones began ringing in Washington from outraged constituents. Gore recounted several recent rate hikes in his own home state of Tennessee in one hearing:

• In three years, rates increased 71% in Memphis,
• 99% in Crossville,
• 113% in Nashville,
• 115% in Chattanooga,
• and 116% in Knoxville.

Under Malone’s leadership, TCI Cable raised rates 60 percent in 1992 alone, helping drive the enactment of the 1992 Cable Act which began to slow the pace of rate hikes. The bill was vetoed by then President George H.W. Bush but overridden in Congress after tens of thousands of constituent complaints poured into Washington. It was sweet justice for many elected officials who were on the receiving end of Malone’s hardball tactics for nearly 20 years. Malone was well known for retaliating against local officials who opposed his unfettered rate increases by suddenly cutting off service to customers and putting up on-screen messages in the place of favorite channels with the names and phone numbers of elected officials Malone claimed were responsible.

Under Malone’s leadership, city officials and consultants working to bring a competing cable operator into Jefferson City, Mo., got a taste of TCI’s ruthlessness when Paul Alden, TCI’s vice president and national director of franchising personally threatened the mayor and a consultant working on the project.

“We know where you live, where your office is and who you owe money to. We are having your house watched and we are going to use this information to destroy you. You made a big mistake messing with TCI. We are the largest cable company around. We are going to see that you are ruined professionally.” Alden warned.

TCI later also claimed it had a First Amendment right to provide service wherever it wanted, with or without a cable franchise. It also threatened any would-be competitor with ruin. In Jefferson City, that would-be competitor eventually won $35 million in damages in a jury trial over TCI’s tactics.

Malone has made no secret he believes government officials are simply getting in his way. In 1999, The Guardian noted Malone is a big believer in telecom oligopolies:

He is scathing about regulatory attempts to prevent monopolies and mergers. Governments, he says, are “antediluvian” in their approach to the emerging new world economic order. Instead of trying to prevent mergers and collusion between media and communications companies, Malone says governments should actually promote the creation of “super-corporations” (such as his own) with enough capital to exploit the potential of new technology.

Malone has plenty of money to throw around. He engineered the sale of TCI Cable to AT&T and personally earned billions from the transaction. Three years later, AT&T sold those systems to Comcast.

Liberty Global has stayed on the sidelines of the cable business domestically, preferring to invest in cable networks and programming. Malone’s firm owns Starz!, which gave Netflix considerable trouble when the online video service lost the rights to a large number of recent movie titles. Netflix had negotiated a $30 million yearly deal with Liberty in 2008 which expired in early 2012. Renewal talks fell through when Liberty demanded $200 million annually to let Netflix keep streaming its movies.

Consumers in the United Kingdom may experience Dr. Malone’s idea of finesse soon enough, if shareholders and British regulators approve the buyout deal.

[flv width=”384″ height=”236″]http://www.phillipdampier.com/video/BBC News Liberty Global to buy Virgin Media for 23bn 2-6-13.flv[/flv]

BBC News reports the blockbuster deal will pit Dr. John Malone against his biggest rival, Rupert Murdoch. Virgin has five million customers in the UK and provides the country’s fastest broadband service. (2 minutes)

The Vermont Telecommunications Authority (VTA) has announced $1 million in grant funding to defray the costs of providing broadband service to currently unserved homes and businesses around the state.

Unlike most recent grant funding opportunities that only provide money for limited-use institutional broadband networks or middle mile networks that don’t wire a single home for service, Vermont is putting money towards actually getting broadband to individual homes and businesses that cannot get wired broadband service today.

“The scope of this latest grant round represents how far we’ve come in just the past year,” said VTA executive director Christopher Campbell. “Many new projects are in progress to expand broadband access to homes and businesses across the state as we continue to find solutions for hard-to-reach locations.”

Qualifying providers must guarantee a minimum of 5Mbps service to locations that either cannot get broadband today or are forced to rely on expensive mobile broadband services. The funding will help more locations meet private service providers’ Return on Investment parameters used to qualify a location for broadband. Homes or businesses in rural Vermont are expected to benefit the most, as they are the least likely to qualify for service because of the cost to provide it.

FairPoint Communications and a handful of independent and cooperative telephone companies will likely win the bulk of the funds. Comcast, the largest provider of cable service in the state, has shown little interest in expanding into rural areas.

The Notice of Grant Funding is available on the VTA website. Applications will be accepted on a rolling basis with deadlines at the end of each month. The first deadline is February 28, 2013, and the process will continue monthly until all funds area awarded or the grant round is closed.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Bill Moyers How Big Telecom Increases Our Digital Divide 2-5-13.mp4[/flv]

Susan Crawford appears this weekend on Moyers & Company (check to see if it airs on a local public television station) to explain the real reason America has a digital divide with broadband have’s and have-not’s. The heart of the problem is America’s largest telecom companies, who are only interested in picking off the low hanging fruit — urban customers they can wire cheaply for service and demand monopoly or duopoly-style high prices. Rural America is being left behind, putting profit ahead of the public interest.

America has seen this before during the era of electrification, when power was denied to small towns and family farms. Then the country decided electric service was a utility and must be provided to all Americans. So it should be with broadband. Only the same ideology that argued rural Americans should pick up and move if they want electric service is back in force with broadband, where some argue companies should not have to spend money to provide universal service when they can sit back and reap enormous profits from the areas they choose to serve.

Check out this preview. (2 minutes)

The Kentucky Resources Council is appealing to Kentucky residents and elected officials to stop AT&T’s plan to abandon rural landline service in the state with the passage of a bill now before Kentucky lawmakers the company effectively wrote itself.

Tom FitzGerald, director of the non-profit group, has been bringing attention to AT&T’s agenda in the Kentucky media and through the organization’s website.

FitzGerald explains AT&T’s long term agenda is deregulation and eventual abdication of its basic responsibility to provide affordable, essential basic telephone service to every resident in the state who wants it.

In 2006, AT&T won deregulation of all services other than basic telephone service. The company promptly raised prices after the deregulation became law. Now the company is back asking the government to walk away from its oversight of basic telephone service. But even more concerning, in FitzGerald’s view, is that AT&T is prepared to walk away from their rural customers in the process:

In requiring that access to basic telephone service continue to be regulated, the General Assembly recognized that stand-alone basic telephone service is, for many Kentuckians, an essential service.

AT&T may believe, as it told the Federal Communications Commission in 2009, that “plain-old telephone service” is a “relic of a bygone era,” yet basic reliable wireline local exchange telephone service remains a lifeline for those who use it to convey medical monitoring information, for smoke and security alarms, and for voice service.

Basic local service is more than just “voice” service — it includes, by state law, reliable unlimited local exchange calling, 911 service, directory and operator assistance, and the ability to connect with other carriers.

AT&T is circulating a proposed bill that would deregulate basic local telephone services in the service areas of AT&T, Windstream and Cincinnati Bell in Kentucky. What would the bill do?

Unless you currently live in a household with fewer than 5,000 housing units in the telephone exchange, you will no longer be guaranteed access to basic local service as a stand-alone option.

For those smaller exchanges, AT&T could immediately cease providing the service if it offers an “alternative voice service.” Or, it could petition the state Public Service Commission to be relieved of the obligation by meeting certain criteria regarding other providers of voice service in the area. No new houses built in the service areas would have a right to a landline offering basic phone services on a stand-alone basis.

There is nothing in the draft bill that would require AT&T to seek PSC approval prior to ending the stand-alone landline phone service in exchanges where it or another provider offers wireless alternative voice service.

In addition, there is no requirement that AT&T demonstrate that the wireless service is of comparable reliability and consistent signal quality.

Deregulating basic local phone service based on the mere existence of a wireless “alternative voice service” provider that can be an affiliate, does not assure access for all customers to voice and other basic exchange services that are functionally equivalent, competitively priced and comparable to the currently regulated landline basic telephone services.

FitzGerald

AT&T’s characterization of its proposed legislation is that it will help shepherd in the transformation of the company’s old telephone network to a new modern network that can deliver broadband, telephone and television service. But AT&T’s network upgrades are reserved for urban areas only. Should AT&T have its way, it can simply abandon wired service in rural areas and tell those customers to purchase AT&T wireless phone service instead, at significantly higher prices and with no guarantee of service quality or reliability.

Customers in rural areas who have cellphones can already share stories about poor reception, dead spots, and garbled phone calls. Should AT&T win approval of its deregulation bill in Kentucky, rural residents may find that cellphone their only link to 911 and the outside world. FitzGerald wonders if that is sufficient for rural Kentucky.

“Before an telephone company is relieved of the obligation to offer reliable stand-alone basic service under regulations that guarantee nondiscriminatory access, the PSC must be empowered to determine whether there is sufficient competition in the provision of the full array of reliable basic phone services from other carriers on a stand-alone basis,” FitzGerald writes.

“It must also ensure that it will remain available to low-and fixed-income Kentuckians and those more costly to serve because of their location. Ending the obligation in Kentucky, without an assurance that comparable services will be available in a deregulated marketplace for those who are most in need of and least able to afford such services, is not in the public’s interest.”

Africa’s international Internet connectivity is primarily provided by underseas fiber cables. (Map: Steve Song)

One of the most common arguments pro-capping telecom companies use is since the rest of the world has already adopted consumption billing for broadband, why can’t North American ISPs follow in their footsteps. But ISPs around the world are actually heading away from capped, throttled, or nickle-and-dime broadband pricing towards flat rate, unlimited service.

The Republic of South Africa is a case in point. Located on the southeastern tip of the African continent, South Africa has faced down a number of broadband challenges. Antiquated infrastructure lacking investment in upgrades, political and economic challenges, and very costly, limited capacity international connectivity have all conspired to leave the country with poor broadband service.

The biggest problem domestically is deteriorating landline infrastructure, leaving most South Africans with slow speed ADSL service. Wireless mobile broadband has proved less costly to deploy, but connectivity costs remain high regardless of how customers obtain service because of international bottlenecks.

South Africa’s problems are similar to those faced in South Pacific nations like Australia and New Zealand. Data caps have been a fact of life for years, primarily because there has never been sufficient capacity on underseas fiber and satellite links to sustain anticipated traffic if the caps were removed. But those problems are starting to ease as new high capacity backbone connections continue to come online.

Heavily capped broadband transforms how people use the Internet. In all three nations, many people do their heaviest web surfing at work over business connections. Some ISPs ease their usage caps or speed throttles during low-demand overnight hours, leaving many to hold off on significant file transfers and software updates until most people have gone to bed.

Regardless of whether you live in Johannesburg, Adelaide, or Wellington, people hate data caps and speed throttles and cannot wait to be rid of them.

That day has come in South Africa. Telkom, the former state-owned telephone company, has announced dramatic price cuts and relaxation of speed throttles for customers choosing its unlimited ADSL offerings. The company has announced a 40% price cut for residential customers and a 35% cut for business customers that took effect Feb. 1. Speed throttles that used to block international traffic when customers were deemed to be “using too much” are also being removed, although Telkom can still reduce speeds for their heaviest users.

Speeds are still very slow compared to what most North Americans can receive, but the average South African can now purchase unlimited 4Mbps ADSL for around $42 a month. A 10Mbps account remains out of reach for many at an unaffordable $157 a month. Some of Telkom’s competitors sell unthrottled and unlimited 1Mbps service for a budget-priced $22 a month.

South African ISPs are managing to achieve speed increases, but the primary bottleneck remains Telkom’s aging copper wire infrastructure. The answer is more fiber links further out in telephone exchanges and reducing the amount of copper customers have between their homes and Telkom’s central exchange offices. Although urban residents in relatively prosperous areas can achieve faster speeds, South Africa’s large expanse of low income areas often rely on prepaid wireless services because wired infrastructure is often sub-standard.

International capacity concerns will continue to ease as new underseas fiber cables are brought online. By 2014, one new underseas fiber cable will be able to carry more Internet traffic than all of the currently operational cables preceding it combined.