Divided Loyalties? -- Mayor John Marks

A growing scandal involving AT&T and the mayor of the state capital of Florida has further exposed the link between AT&T’s pay-for-play public policy agenda and the politicians willing to act as puppets for the phone company’s interests.

Tallahassee Mayor John Marks strongly promoted an Atlanta nonprofit group to participate in a $1.6 million dollar federal broadband grant to expand Internet access to the urban poor and train disadvantaged citizens to navigate the online world, without disclosing he was a paid adviser to the group.

What the rest of the city never knew is that the Alliance for Digital Equality (ADE) is little more than an AT&T astroturf effort — a front group almost entirely funded by AT&T that actually did almost nothing to bring Internet access to anyone.

The Alliance for Digital Equality, a group supposedly focused on erasing the digital divide, spends an inordinate amount of time running radio ads under the alias of “Alliance for Equal Access” for competition in cable-TV… when that competition comes from AT&T U-verse. Listen to two radio commercials run in Georgia and Tennessee, both AT&T service areas, promoting legislation that was introduced at the behest of AT&T and promoted by ADE. (2 minutes)
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In fact, an investigation by a Tallahassee newspaper reviewing the group’s federal tax returns found four of every five dollars spent by ADE went to board members, consultants, lawyers, and media companies for the purpose of promoting AT&T’s agenda against Net Neutrality and for the company’s various business interests:

Marks also didn’t mention when he brought ADE to the City Commission in September 2010 that AT&T has been paying him since the early 1990s as a lawyer and consultant.

Tax returns for ADE show it got $7.36 million from AT&T from 2007 through 2009. Among its expenses, it spent $2.7 million on consulting and legal fees, $1.2 million on travel, $1.1 million on media and communications and $931,509 in pay to officers and board of advisers members.

ADE spent nothing on projects to provide Internet access to underserved areas from 2007-09. It wasn’t created to do so. The group’s mission, as reported to the IRS, was to advocate “technology inflows to underserved communities by interacting with elected officials, policymakers at all levels of government and private sectors.”

In those interactions, ADE presented the same message as AT&T in opposition to greater price regulation of the Internet.

View the 2007, 2008, and 2009 tax returns for the Alliance for Digital Equality yourself.

Some of ADE’s officers and board members are familiar to Stop the Cap! readers as loyal AT&T advocates.  Even worse, many of them routinely play the “race card” whenever AT&T’s agenda is threatened.  Take Shirley Franklin.  She is the former mayor of Atlanta, but these days her biggest constituent is AT&T.  Last August, Franklin helped lead an attack against Free Press, a consumer advocacy group, that she said “target[ed] women, African-Americans and other minorities” after the group complained about the ties between several civil and minority rights organizations and AT&T.

ADE unsurprisingly is also all-for the merger of AT&T and T-Mobile

Julius Hollis, chairman and founder of the Alliance for Digital Equality, was even more strident.

“I am extremely disappointed in the Free Press, not only in its policies and tactics that they are attempting deploy in their strategy paper, but equally disturbing are its attempts to portray the African-American and Latino consumers as expendable in their efforts to promote Net Neutrality,” Hollis said last year. “In my opinion, this is going back to the tactics that were used in the Jim Crow era by segregationists. It’s no better than what was used in the Willie Horton playbook by Lee Atwater who, upon his deathbed, asked for forgiveness for using such political behavior tactics.”

Stop the Cap! exposed ADE ourselves as a “dollar-a-holler” advocate in August 2010 when we learned the majority of the group’s funds came from AT&T.

Anne Landman, managing editor of the Center for Media and Democracy, told the Tallahassee Democrat the purpose of groups almost entirely sponsored by a single corporate interest is to obfuscate the messenger. “It’s a nontransparent way of operating,” she said. “People don’t know who’s behind these efforts. So it’s fake, and it’s phony, and it gives people wrong information. It’s designed to purposely fool people.”

The newspaper spent months trying to track down financial reports, tax filings, and other documentation about the group, and ran into repeated resistance.  At one point, written requests sent to the group’s headquarters in Atlanta were returned unopened and marked “refused.”

ADE’s corporate influence is bad enough, but when the group uses race, gender, and economic cards to attack real public interest groups, it raises eyebrows, particularly when the group doing the attacking is financed by a corporate entity.  The Black Agenda Report, a website that can hardly be accused of racism, called out Franklin and the organization she represents.

The newspaper’s investigation also found all of ADE’s employees were actually independent contractors.  Non-profit group experts claim the entire structure of ADE is unusual because it funnels all of its money through contractors.

Tallahassee Mayor John Marks is apparently one of them, having received $86,000 as a member of ADE’s board of advisers in addition to AT&T paying him directly as a lawyer and consultant.

With the recent revelations, Tallahassee’s broadband grant is now in ruins and will be returned, unspent.  Marks is reportedly under investigation by the FBI for potential corruption.  And another AT&T astroturf effort has been exposed and has blown up in the company’s face.

[flv]http://www.phillipdampier.com/video/WCTV Tallahassee Mayor Under Fire Over ATT-ADE Ethics Scandal 3-29-11 – 9-15-11.flv[/flv]

Stop the Cap! has compiled almost a year of coverage of the burgeoning scandal in the Tallahassee mayor’s office, courtesy of WCTV-TV, which has doggedly pursued the scandal with assistance from its news partner Tallahassee Reports.  (10 minutes)

Sprint, the last remaining major national wireless carrier without an Internet Overcharging scheme, will adopt one of its own on Oct. 2 when it begins limiting 3G/4G Mobile Hotspot customers to just 5GB of usage per month with a huge $50/GB overlimit fee (charged in megabyte increments).

SprintFeed shared the details in a copy of a leaked internal company newsletter announcing the changes:

(click to enlarge - Courtesy: SprintFeed)

It is important to note Sprint currently plans no usage limits on their tablet or smartphone customers — this usage cap only applies to customers signed up for the Mobile Hotspot option who use their phone’s Wi-Fi feature to connect other wireless devices.  Those with third-party tethering apps or other “unofficial” tethering schemes won’t face the usage cap either, so long as Sprint does not initiate a crackdown on customers without a company-sanctioned tethering plan.

Customers will automatically be “migrated” to the new $29.99 usage-limited Mobile Hotspot plan in October.  Affected customers will be notified of the changes in bill messages or postcards.  Sprint will not grandfather existing customers.

Some Sprint customers claim the company has always had a “secret 5GB cap” on the Mobile Hotspot feature, only enforced when customers considerably exceeded it, but this makes it official.

Sprint may be preparing its network for the introduction of iPhone 5, which Sprint is rumored to introduce early next month.

According to Edmonton city Councillor Kerry Diotte (11th Ward), Rogers Communications told him the company needs up to 1,000 new cell towers in the Edmonton area alone to meet the growing demands from cell phone, smartphone, and tablet owners who are putting pressure on the company’s wireless network.  That’s a number Rogers disputes, but regardless of how many towers eventually get erected, few residents want to live next door to one.

Diotte is caught in the middle of a major, some say inevitable, fight between the telecommunications giant and homeowners living near the proposed home of a new 25 meter cell tower that is as tall as an eight story building.

Diotte

Diotte attended a heated public meeting Tuesday evening between residents of Hazeldean and Rogers officials over plans to place the new monopole antenna right in the center of town in a residential district.

“I will absolutely bring everything that I can to try to stop this,” Diotte told CTV Edmonton. “It’s the will of the people in this ward.”

CBC Radio in Edmonton explored the cell tower controversy in Hazeldean back in July when Rogers first announced plans to erect an 82 foot monopole cell tower at a local senior’s center. Rogers says increased demand requires the company to place new cell towers in residential neighborhoods to meet demand. July 14, 2011. (7 minutes)
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Rogers officials found themselves shouted down at times during Tuesday evening’s meeting, as dozens of residents complained the new tower would reduce property values and could pose a health risk.  At least one resident wants Rogers to pay moving expenses to allow her family to leave the area before the tower is built.

Hazeldean residents say a better spot for the antenna would be in an industrial neighborhood a few blocks away.

Rogers Communications says wireless data demands are growing exponentially, and constructing new cell towers improves reception, data speeds, and divides up the increasing load of data traffic on their network.  Unfortunately, cell towers are increasingly required where customers live, work… and use their wireless devices.

For the immediate future, Rogers has plans for 20 new cell towers in Edmonton, a number dwarfed by their competitor Telus, which has plans to install 80 new cell towers across the province this year.

Industry Canada has the final say on whether Rogers will ultimately win approval to place its proposed cell tower in Hazeldean.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/CTV Edmonton Residents Upset Over Rogers Cell Tower 9-21-11.flv[/flv]

CTV Edmonton covered the Hazeldean cell phone tower controversy and spoke with a city councilman who shared Rogers told him they would need another 1,000 cell phone towers in the Edmonton area alone to meet growing demands for cell phone users.  (5 minutes)

Time Warner Cable plans to expand its budget-priced TV Essentials package market-tested in New York City and northeastern Ohio across the east coast over the next several weeks in an effort to reduce video package cord-cutting.

Rob Marcus, president and chief operating officer at Time Warner Cable made the announcement Wednesday at a Goldman Sachs-sponsored investor conference.

The package delivers a largely sports-free experience, deleting expensive ESPN and other sports-specific networks from the lineup.  News channels are limited to networks from CNN, and while HGTV is included, Food Network is not (although you can watch the Cooking Channel to get by).

With Time Warner Cable customers now paying an average of $73.50 a month for television service, a package priced between $30-40 may help keep income-challenged consumers from canceling service.  But it is unlikely to reduce cord-cutting among those switching to online viewing.  Time Warner Cable does not heavily promote the package, instead pitching it on a targeted basis, especially to those who call to disconnect service.

Every little bit helps, says Marcus.

“We’ve been challenging ourselves to design an offering that might be more attractive and affordable to those customers who might not be able to handle the full packages,” Marcus said. “The numbers are still pretty small, but the results are sufficiently encouraging that we’re going to roll that out more broadly.”

In northeast Ohio, the TV Essentials package includes all local broadcast channels, public, educational, and government channels, and these cable networks:

Verizon Communications was supposed to have a “neutral” position regarding the takeover bid by AT&T to absorb T-Mobile, but Lowell McAdam, CEO could sit on his hands no longer, and told the Wall Street Journal “the match had to occur” and cautioned if the government blocks the merger, it needs to cough up more spectrum for wireless companies like his, and fast.

McAdam made those comments earlier today at an investor conference on the afternoon of the first court hearing on the Department of Justice lawsuit to derail the $39 billion deal.

My Breakfast With Julius

McAdam has the luxury of getting his point across directly with Washington’s movers and shakers.  While consumers continue to clamor in overwhelming numbers against the idea of T-Mobile being absorbed into a super-sized AT&T, McAdam enjoyed breakfast with Federal Communications Commission chairman Julius Genachowski.

Consumers don't have the luxury of breakfast with the chairman of the FCC

“I have taken the position that the AT&T merger with T-Mobile was kind of like gravity,” Mr. McAdam said. “It had to occur, because you had a company with a T-Mobile that had the spectrum but didn’t have the capital to build it out. AT&T needed the spectrum, they didn’t have it in order to take care of their customers, and so that match had to occur.”

“So in my discussions with the FCC and folks on the Hill, if we want to stop or if the government wants to stop a merger like that, they need to then step up and say, this is how we are going to get spectrum in the hands of people,” he said.

Mr. McAdam said that can be done through secondary auctions, incentive options or freeing up additional spectrum. He said the wireless industry needs more spectrum, and the FCC will be “very focused on delivering that.”

McAdam didn’t say T-Mobile could have always sold its unwanted spectrum to AT&T instead of entering into a $39 billion dollar merger deal that will further reduce wireless consumers’ choice in carriers.

Unfortunately, consumers bringing delicious breakfast pastries and a point of view about wireless consolidation are unlikely to find themselves sharing a cup of joe with the head of the FCC.  They can’t even be trusted with the FCC Chairman’s direct phone number, which executives at AT&T and Verizon both have.

No Second Cup of Coffee for Jittery Investors

Investors may not want a cup of coffee themselves, considering the jittery reception some have had to news Verizon would forgo a recurring dividend and spend money at wireless spectrum auctions instead.

“When it makes sense, we’ll have a dividend,” he said. “When there’s a better first use for those dollars, we’ll do that with it, and the dividend will either be on a hiatus or less.”