In the fall of 2009, South Carolina’s Budget and Control Board approved a fire-sale deal that leased out 95 percent of the state’s public wireless broadband spectrum to two private companies in a 30-year contract valued at $143 million, with the promise South Carolina would enjoy better broadband as a result.

Two years later, South Carolina’s broadband standing has been called “a Corridor of Shame” according to one provider that is trying to expand service while Clearwire and DigitalBridge — the contract winners, sit on their respective hands.

Both companies secured access to the statewide Educational Broadband Service spectrum they get to control with near-exclusivity for less than $5 million annually — around $1 a year for every South Carolinian that could eventually be served with improved broadband.  But nobody is getting service from either provider, indefinitely.

Columbia’s Free-Times notes neither company has concrete plans to bring broadband to anyone in South Carolina.  Clearwire, now in financial trouble, provides no service in the state and DigitalBridge refused to comment for the newspaper’s story.  Free-Times reporter Corey Hutchins could not find anyone able to provide any definitive information about either company’s short or long-term plans to hold up their end of the bargain.

Khush Tata, chief information officer for the S.C. Technical College System suspects one might not even exist.  So long as these two companies maintain a lock on the spectrum, nobody else can deliver the wireless service either.

“I haven’t seen any big cohesive strategy since [the leasing] at all,” Tata told the newspaper. “I think that it’s still based on market and business viability for each provider so they’re sort of on their own. Each provider, they invest based on their return on investment, which is good for their business, but as a state there isn’t any overall planning or approach — and I think the leasing of spectrum provided the largest overall strategy opportunity, which is a pity that it hasn’t panned out yet.”

Don’t tell that to industry-connected Connected Nation, whose South Carolina chapter claims the state is doing better than most providing broadband service.  The group has published maps, based entirely on data provided by the state’s phone and cable companies, that suggest most residents not only get the service, but have a choice in providers.

“That’s just plain bull,” says Stop the Cap! reader Jeff Lodge, who lives outside of Columbia.  Not only does the local cable company pass him by, but there is no DSL either.  He relies on an unlimited wireless data plan from AT&T and does most of his web browsing during breaks at work.

No Plans

“I live in a community of 22,000 people and only those along the main streets in this community have access to broadband,” he says. “The cable company doesn’t go far off the beaten path, and the here-and-there DSL some get is dreadful.”

Even Connect South Carolina acknowledges broadband speeds in the state are often woefully behind others in the region.  Many well-populated census tracts have no wired broadband at all.

With the pervasive lack of broadband, incumbent providers have been heavily lobbying the state to keep others off their spartan turf — pushing for the same type of legislation effectively banning community broadband networks that North Carolina passed earlier this year.

“It’s Time Warner Cable and AT&T… again, that are behind most of this effort, and those two companies treat South Carolina like a forgotten bastard child now,” Lodge says. “Can you imagine the arrogance of big cable and phone companies to keep competition away even when they, themselves, won’t compete?”

No Comment

One company trying to make a difference: GlobalCo and their partner On-Time-Communications.  A review of the under-developed website of the latter suggests neither entity is well-positioned or backed to deliver broadband without significant financial assistance.  But at least they recognize the problem.

“In South Carolina there’s 10 counties that made [the FCC’s report on broadband unavailability] and the majority of them come out of what’s commonly referred to as the ‘Corridor of Shame’,” Ronnie Wyche, GlobalCo’s vice president of sales told Free-Times.

None of this comes as a surprise to Brett Bursey, director of the South Carolina Progressive Network, who opposed the spectrum sell-off.

“The bargain basement lease of the nation’s only statewide broadband system was a theft from, and insult to, the taxpayers who built and own the system,” Bursey told the paper. “The system is not being developed by the companies who won the lease and the Legislature is ideologically opposed to public ownership.”

Loyal AT&T customers grandfathered on unlimited data plans are being paid back for their loyalty to the company with the threat of a speed throttle hanging over their heads if they don’t limit the use of their unlimited use plan.

The Washington Post reports, by AT&T’s calculations, anyone using 4GB of usage and up during the month is likely to find their smartphone neutered to near dial-up speed for the rest of the month:

The company said that it will throttle back data use for the top 5 percent of data consumers, who use “twelve times” what its average smartphone data customers use.

A recent Consumer Reports survey found that the average smartphone user on AT&T’s network uses 360 megabytes per month — meaning that only power users will feel the pinch. Using AT&T’s formula, the company’s likely scaling back its network for users who exceed 4 gigabytes per month.

Four gigabytes of usage on a smartphone is a considerable amount, if all you do is browse web pages, read e-mail, and access a handful of apps.  But consumers who increasingly rely on GPS navigation and streaming multimedia content, particularly videos, will find they don’t have to live on their smartphones to put themselves on AT&T’s bad side.  Even devoted attention to video streams from a home security system could consume a considerable amount of data on a usage plan that was supposed to be unlimited.

“It’s a slap in the face to loyal customers who have been with AT&T for a decade or longer,” says Stop the Cap! reader Paul.  “Wireless providers used to operate on rewarding loyalty by letting customers keep their plans intact unless and until they change plans or depart for another provider.  Now AT&T is literally cattle-prodding their most loyal customers who pay $30 a month for an unlimited plan that will now have limits.”

Paul wonders why anyone would want to keep an unlimited plan that will be throttled to punish customers with unusable speeds.

“Clearly, Verizon moving away from unlimited data allowed AT&T to stick it to customers who know they have few places to run,” Paul writes. “This is probably only the beginning.  Why again would we want AT&T to get any bigger than it already is?”

The Federal Communications Commission today released MEASURING BROADBAND AMERICA, the first nationwide performance study of residential wireline broadband service in the United States.  The study examined service offerings from 13 of the largest wireline broadband providers using automated, direct measurements of broadband performance delivered to the homes of thousands of volunteers during March 2011.

Among the key findings:

Providers are being more honest about their advertised speeds: Actual speeds are moving closer to the speeds promised by those providers.  Back in 2009, the FCC found a greater disparity between advertised and delivered speeds.  But the Commission also found that certain providers are more likely to deliver than others, and certain broadband technologies are simply more reliable and consistent.

Fiber-to-the-Home service was the runaway winner, consistently delivering even better speeds than advertised (114%).  Cable broadband delivered 93% of advertised speeds, while DSL only managed to deliver 82 percent of what providers promise.  Fiber broadband speeds are consistent, with just a 0.4 percent decline in speeds during peak usage periods.

Cable companies are still overselling their networks.  The FCC found during peak usage periods (7-11pm), 7.3 percent of cable-based services suffered from speed decreases — generally a sign a provider has piled too many customers onto an overburdened network.  One clear clue of overselling: the FCC found upload speeds largely unaffected.

DSL has capacity and speed issues.  DSL also experienced speed drops, with 5.5 percent of customers witnessing significant speed deterioration, which could come from an overshared D-SLAM, where multiple DSL customers connect with equipment that relays their traffic back to the central office, or from insufficient connectivity to the Internet backbone.

Some providers are much better than others.  The FCC found some remarkable variability in the performance of different ISPs.  Let’s break several down:

• Verizon’s FiOS was the clear winner among the major providers tested, winning top performance marks across the board.  Few providers came close;
• Comcast had the most consistently reliable speeds among cable broadband providers.  Cox beat them at times, but only during hours when few customers were using their network;
• AT&T U-verse was competitive with most cable broadband packages, but is already being outclassed by cable companies offering DOCSIS 3-based premium speed tiers;
• Cablevision has a seriously oversold broadband network.  Their results were disastrous, scoring the worst of all providers for consistent service during peak usage periods.  Their performance was simply unacceptable, incapable of delivering barely more than half of promised speeds during the 10pm-12am window.
• It was strictly middle-of-the-road performance for Time Warner Cable, Insight, and CenturyLink.  They aren’t bad, but they could be better.
• Mediacom continued its tradition of being a mediocre cable provider, delivering consistently below-average results for their customers during peak usage periods.  They are not performing necessary upgrades to keep up with user demand.
• Most major DSL providers — AT&T, Frontier, and Qwest — promise little and deliver as much.  Their ho-hum advertised speeds combined with unimpressive scores for time of day performance variability should make all of these the consumers’ last choice for broadband service if other options are available.

Some conclusions the FCC wants consumers to ponder:

1. For basic web-browsing and Voice-Over-IP, any provider should be adequate.  Shop on price. Consumers should not overspend for faster tiers of service they will simply not benefit from all that much.  Web pages loaded at similar speeds regardless of the speed tier chosen.
2. Video streaming benefits from consistent speeds and network reliability.  Fiber and cable broadband usually deliver faster speeds that can ensure reliable high quality video streaming.  DSL may or may not be able to keep up with our HD video future.
3. Temporary speed-boost technology provided by some cable operators is a useful gimmick.  It can help render web pages and complete small file downloads faster.  It can’t beat fiber’s consistently faster speeds, but can deliver a noticeable improvement over DSL.

More than 78,000 consumers volunteered to participate in the study and a total of approximately 9,000 consumers were selected as potential participants and were supplied with specially configured routers. The data in the report is based on a statistically selected subset of those consumers—approximately 6,800 individuals—and the measurements taken in their homes during March 2011. The participants in the volunteer consumer panel were recruited with the goal of covering ISPs within the U.S. across all broadband technologies, although only results from three major technologies—DSL, cable, and fiber-to-the-home—are reflected in the report.

After declining formal hearings and conducting their own investigations, the states of Louisiana, Arizona, and West Virginia approved the merger of AT&T and T-Mobile after briefly reviewing documentation promoting the merger, mostly supplied by the companies themselves.

The most controversial approval came from the Louisiana Public Service Commission, overseen by Gov. Bobby Jindal.  Jindal has strongly supported the merger, and his wife’s charity — the Supriya Jindal Foundation — receives substantial economic support from AT&T.  The Commission voted 4-1 for the merger, citing “overriding support locally, as is evidence by the diverse number of groups and officials who are in support.”

More accurately, AT&T contributed to a diverse number of groups that soon sent letters to the FCC supporting the merger.  Most notably, the Urban League of New Orleans, which touted the merger without disclosing the fact AT&T Louisiana president Sonia Perez is a member of the group’s governing board and their 2011 Annual Gala Chairperson.

In Arizona, AT&T won approval from state officials without any hearings, investigation, or much consideration, period.  In fact, less than two weeks ago Arizona officials issued subpoenas to Sprint/Nextel, demanding documentation from them regarding their opposition to the merger.

West Virginia’s Public Service Commission also gave a cursory review to the merger, quickly deciding it posed little impact on the state, since T-Mobile has ignored West Virginia all along, owning just three cellular towers and equipment on 27 others in the state.  T-Mobile also has no West Virginian employees.

State officials believe AT&T’s promise to deliver 4G upgrades inside West Virginia if the merger deal is approved.  But since T-Mobile has no presence in the state, the company’s argument of combining forces for better service doesn’t make much sense.

The PSC relied heavily on Attorney General Darrell McGraw’s pronouncement that the merger would not harm wireless competition in the Mountain State.  Besides, if it did, federal authorities would stop it.

“Any possible implications from this transaction on competition nationwide will be considered by federal authorities,” the PSC wrote.

West Virginia officials denied requests for a hearing before making their decision.

Attorneys General from 11 states not well-known for strong consumer protection have signed letters encouraging the approval of the merger.  Among them:  Alabama, Arkansas, Georgia, Kentucky, Michigan, Mississippi, North Dakota, South Dakota, Utah, West Virginia, and Wyoming.

Attorneys General in New York, California, and Hawaii are taking a much closer, and some say more critical look at the merger.  At the lead is New York’s Eric Schneiderman:

“Cell phones are no longer a luxury for a few among us, but a basic necessity. The last thing New Yorkers need during these difficult economic times is to see cell phone prices rise,” said Schneiderman. “Affordable wireless service and technology, including smart phones and next generation handheld devices, are the bridge to the digital broadband future. We want to ensure all New Yorkers benefit from these important innovations that improve lives.”

Attorney General Schneiderman stressed that some market conditions may differ across the state and highlighted the potential impact of the merger in areas like Rochester, Albany, Buffalo and Syracuse, where there are already fewer wireless options. He is also concerned about the impact on consumers throughout the state, where T-Mobile is a low-cost option.

AT&T's new choke collar for "unlimited use" data plan customers, ready for wearing Oct. 1

Now that Verizon Wireless has stopped signing up new customers for its unlimited usage data plan, AT&T plans to start targeting its grandfathered unlimited-data customers with speed throttles that will effectively limit the company’s “unlimited use” plan.  And the company is trying to suggest approval of its merger with T-Mobile might prevent its growing use.

AT&T says effective Oct. 1, the top 5 percent of its wireless users will receive a warning message before their speeds are cut to near-dial up for the remainder of the billing cycle.

“We’re taking steps to manage exploding demand for mobile data,” said the company in a statement.  AT&T added that “nothing short of completing the T-Mobile merger” will effectively solve the company’s network capacity issues.

“The planned combination of AT&T and T-Mobile is the fastest and surest way to handle the challenge of increasing demand and improving network quality for customers,” said AT&T.

With Verizon Wireless’ exit as a competitive alternative for unlimited data, AT&T’s newly announced speed throttle may not pose much of a risk for business when implemented, as infuriated customers have just one remaining provider offering unlimited data – Sprint.

While AT&T has not specified an exact amount of data usage that will put users in the penalty corner, they did say most of those facing throttling are “streaming video or playing some online games.”

Some AT&T customers use their unlimited wireless plans as a home broadband replacement — an action that could easily bring back a dial-up experience when the speed throttle kicks in.

Only customers on “unlimited use” plans will face AT&T’s special speed treatment.  Those paying for usage-limited packages are exempt.

AT&T’s ongoing hard-sell for the merger has not been well-received by some on Capitol Hill.

Sen. Al Franken (D-Minn.) blamed AT&T for its lack of willingness to spend money on improving its own network infrastructure for self-inflicted network capacity problems.  Franken believes the merger would be anti-competitive and anti-consumer.

In letters to the Department of Justice and Federal Communications Commission, Franken spelled out in great detail why approving the merger does not make sense:

“The competitive effects of a merger of this size and scope will reverberate throughout the telecommunications sector for decades to come and will affect consumer prices, customer service, innovation, competition in handsets and the quality and quantity of network coverage. These threats are too large and too irrevocable to be prevented or alleviated by conditions,” wrote Franken.

The International Business Times summarized many of Franken’s larger points:

• AT&T owns more spectrum than any other company, yet AT&T has been plagued with delays in rolling out infrastructure to support spectrum it has been allocated.  The quality of the service it provides is consistently ranked last amongst the national carriers, and it continues to use spectrum in an inefficient manner;
• Many of [AT&T’s] spectrum licenses remain undeveloped, including $9 billion worth of some of the most valuable “beachfront” spectrum;
• Other national wireless carriers have been aggressively preparing for this crunch. However, unlike the other wireless providers, AT&T has not visibly taken decisive steps to prepare for the coming crunch, despite the fact that AT&T should have recognized the need for additional investment shortly after introducing the iPhone in 2007;
• AT&T only increased its spending on wireless infrastructure by one percent in 2009. Although AT&T will point out that one percent is still a significant number, Verizon made the decision to increase its capital spending by 10 percent in 2009/9 and Verizon is now in a much better position when it comes to spectrum capacity.