You have to live in a warmer climate to be on the list of the next eight cities to get Time Warner Cable’s massive Maxx upgrade.

This afternoon, Time Warner announced it would more than triple the broadband speeds of customers in Austin, Charlotte, Dallas, Hawaii, Kansas City, Raleigh, San Antonio and San Diego at no extra charge.

“We are committed to reinventing the TWC service experience market-by-market,” said Time Warner Cable CEO Rob Marcus. “We want our customers to know a new experience is coming that brings them super-fast Internet speeds and a more advanced TV product.”

Most of the cities on the upgrade list either have or are at least facing the threat of fiber-based competition from AT&T or Hawaiian Telcom. With Verizon’s long-suspended FiOS project and Frontier’s ‘DSL or Die’-philosophy, Time Warner Cable has so far avoided spending money on upgrades where its only significant competition comes from DSL. Outside of New York City, Time Warner has yet to announce any upgrades within its northeast division, which dominates cable service in Maine, western Massachusetts, New York, and parts of Ohio.

With both Google and AT&T promising fiber service in Austin, Time Warner wasted no time beginning upgrades in the capital city of Texas, which have already delivered faster Internet speeds across large sections of the city. By the end of this week, more than half of Time Warner’s broadband customers in Austin will have access to free upgraded speeds.

TWC customers in these communities who subscribe to the Standard Internet plan, formerly up to 15Mbps, will now receive up to 50Mbps, and customers who subscribe to the Ultimate plan, formerly up to 100Mbps, will receive up to 300Mbps – more than three times their current speeds, at no extra charge. In non-upgraded areas, Time Warner’s maximum speed remains 50/5Mbps.

When the community of Batavia, Ill., a distant suburb of Chicago, decided they wanted something better than the poor broadband offered by Comcast and what is today AT&T, it decided to hold a public referendum on whether the town should construct and run its own fiber to the home network for the benefit of area residents and businesses. A local community group, Fiber for Our Future, put up $4,325 to promote the initiative back in 2004, if only because the town obviously couldn’t spend tax dollars to advertise or promote the idea itself.

Within weeks of the announced proposal, both Comcast and SBC Communications (which later acquired AT&T) launched an all-out war on the idea of fiber to the home service, mass mailing flyers attacking the proposal to area residents and paying for push polling operations that asked area residents questions like, “should tax money be allowed to provide pornographic movies for residents?” The predictable opposition measured in response to questions like that later appeared in mysterious opinion pieces published in area newspapers submitted by the incumbent companies and their allies.

Comcast spent $89,740 trying to defeat the measure in a community of just 26,000 people. SBC spent $192,324 — almost $3.50 per resident by Comcast and just shy of $7.50 per resident by SBC. Much the same happened in the neighboring communities of St. Charles and Geneva. 

According to Motherboard, the scare tactics worked, cutting support for the fiber network from over 72 percent to its eventual defeat in two separate referendums, leaving most of Batavia with 3Mbps DSL from SBC or an average of 6Mbps from Comcast.

Much of the blizzard of mailers and brochures Comcast and SBC mailed out were part of a coordinated disinformation campaign. Both companies also knew their claims would go largely unchallenged because Fiber for Our Future and other fiber proponents lacked the funding to respond with fact check pieces of their own mailed to residents to expose the distortions.

When it was all over, it was back to business as usual with Comcast and SBC. The latter defended its reputation after complaints soared about its inadequate broadband speeds.

Kirk Brannock, then midwest networking president for SBC, told city council members in the area that “fiber is an unproven technology.”

“What are you going to do with 20Mbps? It’s like having an Indy race car and you don’t have the racetrack to drive it on. We are going to be offering 3Mbps. Most users won’t use that,” he said.

“All the subscribers got these extraordinary fliers. Ghosts, goblins, witches. I mean, this is about a broadband utility. Very scary stuff. This is real. This is comical, but this is very real,” Catharine Rice of the Coalition for Local Internet Choice said of the fliers at an event discussing municipal fiber earlier this year. “They have this amazing picture, and then they lie about what happened. They’re piling in facts that aren’t true.”

In communities that won approval for construction of publicly-owned fiber networks, the battle wasn’t over. Tennessee’s large state cable lobbying group unsuccessfully sued EPB to keep it out of the fiber business. In North Carolina, Time Warner Cable effectively wrote legislation introduced and passed by the Republican-dominated General Assembly that forbade community broadband expansion and made constructing new networks nearly impossible. In Ohio, another cable industry-sponsored piece of legislation destroyed the business plan of Lebanon’s fiber network, forcing the community to eventually sell the network at a loss to Cincinnati Bell.

The larger Comcast grows, the more financial resources it can bring to bare against any would-be competitors. Even in 2004, the company was large enough to force would-be community competitors to steer clear and stay out of its territory.

Another corporate tax cut

Wall Street rallied around big telecommunications company stocks this week as news spread that Windstream has found a way to avoid paying federal income tax by converting its copper and fiber networks and other property assets into a tax-exempt trust.

Windstream says it has already won Internal Revenue Service approval to convert all of its network assets into a publicly traded “real estate investment trust.” REIT’s pay no federal income taxes, and if other large telecom companies follow Windstream’s lead, taxpayers will have to make up the estimated $12 billion in lost tax revenue annually.

Investors are excited by the prospect of a major reduction in tax exposure for some of America’s richest telecommunications companies. Windstream was rewarded the most with a 12 percent boost in its share price – a two-year high for the largely rural phone company. But AT&T, Verizon, Comcast, Time Warner Cable, and Cablevision also saw stock prices rising over the possibility of major increases in dividend payouts to shareholders from the proceeds of the tax savings.

REIT conversions are just the latest trick in the book corporations have used to cut, if not eliminate most of their tax liabilities. REITs are exempt from federal taxes as long as they distribute 90 percent of taxable earnings back to shareholders. Democrats in Congress have been busy fighting their Republican colleagues offer efforts to drop the practice of inversion — allowing companies to cut taxes by relocating offshore. Robert Williams, an independent corporate tax consultant, told Bloomberg News the Democrats have their hands full with that this year and are unlikely to be able to also devote resources to closing the REIT tax loophole.

“Management teams will surely look closely at emulating Windstream because the tax savings are potentially so significant,” said Craig Moffett, an analyst at MoffettNathanson LLC, in a note. “For a company like AT&T, where free cash flow has been under pressure and management has been willing to push hard to save on taxes, the appeal must surely be great.”

If a high-profile phone or cable company moves to enact an REIT, that might be enough to provoke Congress to act, warned Moffett.

“The biggest hurdle in this process is getting the private letter ruling from the IRS, and we’ve got that,” David Avery, a spokesman for Windstream, told Bloomberg. The deal doesn’t need the consent of the Federal Communications Commission, Avery added.

Windstream’s tax savings will cut company debt by around $3.2 billion and produce about $115 million annually in free cash flow. Although Windstream chief financial officer Tony Thomas vaguely promised to use some of the money to invest in broadband upgrades, he was more specific about the benefits Windstream’s REIT will have on the company’s growth agenda. It can use the savings to “acquire other network assets to grow,” — business jargon meaning more merger and acquisition deals, this time fueled by Windstream’s slashed tax bill.

Wall Street investment banks paid to advise on Windstream’s REIT conversion are promoting the concept to other telecom companies as easy to replicate and profoundly profitable. But who should share in the new found wealth?

“People are asking the question if these tax benefits should be passed on to the end user — you and I when we pay our phone or cable bill — versus going to the corporation,” said Phil Owens, vice president at Green Street Advisors, a real estate research firm in Newport Beach, California, that has counseled companies like Equinix on REIT conversions.

Don’t count on it.

AT&T couldn’t have gotten a better deal for itself if it tried.

Mississippi state officials that awarded AT&T a 10-year State Master Contract, compelling the majority of state government offices to do business only with AT&T, have just given the phone company an early two-year extension without allowing for any public discussion or competitive bidding.

In 2005, when the contract with AT&T was first signed, it was unlikely most government offices, schools, and libraries would be able to find any bidder other than AT&T. The state contract spells out a series of requirements that critics contend were tailor-written with the full knowledge only AT&T could offer the full menu of required services. Nearly 10 years later, and more than a year before the contract was up for renewal, the state suddenly granted AT&T a two-year contract extension, potentially exposing taxpayers to overpriced, taxpayer-funded broadband services.

Interested members of the public who want to examine the state contract for telecommunications with AT&T have run headlong into a roadblock erected by a Hinds County judge who ruled it was off-limits for public inspection and has since been sealed under court order. To this day, only government customers of Mississippi’s Department of Information Technology Services, the agency in charge of the state government’s broadband, are allowed to see the document.

The state contract comes at a significant cost to taxpayers if Marvin Adams’ figures are correct. Adams, who works for the Columbia School District, suspects a lot of money has been frittered away because of the lack of competitive bidding. Only the state’s schools and libraries have the option of either securing a contract with AT&T or requesting bids from competitors like Ridgeland-based C-Spire, which supplies fiber and wireless connectivity.

Adams says AT&T’s contract with the state costs taxpayers $5 per Mbps. But AT&T also charges a “transport circuit charge” of between $10-45 per Mbps. Adams said his colleagues have seen competitive bids averaging $6 per Mbps and the transport circuit charge is included in that price.

The Mississippi Watchdog delivered the understatement of the year when it called AT&T’s contract with Mississippi “lucrative.” Attempts to modify the contract have met with fierce opposition in Jackson, the state capital. Senate Bill 2741, a modest measure that would have compelled school districts to seek competitive bids before signing a multi-year contract with a provider, died in committee earlier this year.

AT&T has close political ties in several southern states. The company co-authored an article with Gov. Phil Bryant and donated at least $42,500 to his various campaigns for political office. In 2012, Bryant signed a bill into law removing most of Mississippi’s remaining regulatory authority over AT&T.

Next door in Louisiana, Gov. Bobby Jindal also maintains close ties with AT&T. The company has funneled more than $250,000 to his wife’s charitable foundation – the Supriya Jindal Foundation for Louisiana’s Children, which also takes substantial contributions from oil and chemical companies, the insurance industry and defense contractors. The New York Times reported back in 2011 that telecom companies like AT&T were increasingly contributing to politically connected charities they could use in campaigns to influence legislation and regulation. Companies can write off their unlimited charitable giving while politicians take credit for the work done by the non-profit groups while also quietly understanding exactly where the money is coming from.

AT&T’s Fiber Fairy Tale

Holding your breath waiting for AT&T’s GigaPower 1Gbps U-verse upgrade to arrive in a town near you is hazardous to your health.

Despite a blizzard of press releases promoting the forthcoming arrival of gigabit Internet access from AT&T, the fine print reveals as little as one percent of some communities will actually get the upgrades.

In Winston-Salem, N.C., city officials cannot even get a firm commitment from AT&T that it will deliver the faster service to the 63 businesses the city chose as early candidates for the fiber upgrade.

In June, the city and AT&T signed an agreement for gigabit broadband expansion using AT&T’s GigaPower U-verse platform. But AT&T largely gets to decide where, when and even if it will invest in upgraded service. The city did not impose many conditions beyond a requirement that AT&T provide up to 20 free Internet connections to community sites with a one-time installation cost of $300 to $500. Another 20 connections would be provided to small to mid-size businesses, with no obligation to buy services.

In response, AT&T said it would only commit to reviewing the city’s list and “make an effort to serve the proposed locations if they are in the vicinity of where service will be available.”

If those locations fall outside of AT&T’s plans, no gigabit fiber.

A significant indicator of the true extent of AT&T’s expansion plans is whether the company is allocating capital spending commensurate with the costs of running fiber optic cable to individual homes and businesses. So far, AT&T has not. With no obligation to deliver the service AT&T is implying it will offer, the company is free to wire a handful of technology parks, businesses, and new housing developments and claim to have met its commitment, despite the fact 99 percent of area residents have no access to the faster speeds.

For the benefit of low-income residents who lack affordable Internet access, AT&T also promised it would offer some lower-speed Internet connections in a limited number of apartment complexes in low-income areas.
Here are the sites nominated by the city of Winston-Salem for AT&T gigabit broadband. AT&T’s response: ‘Maybe.’

Community sites: Aids Care Service; Boys & Girls Clubs at New Walkertown Road and Reynolds Park; Brown & Douglas Neighborhood Center; Russell Recreation Center; Liberty CDC; Community Care Center; ElBuen Pastor; Forsyth Technical Community College’s Woodruff Center; Gateway YWCA; Knollwood Baptist Church; Little Creek Neighborhood Center; Malloy/Jordan East Winston Heritage Center; MLK Jr. Center; Reynolda Branch library; S.G. Atkins CDC; SciWorks; Sedge Garden Center; Shepherd’s Center; South Fork Center; Southside Library; United Metropolitan Church; Winston Lake YMCA.

Small- to mid-size businesses: Bellomy Research; Campus Partners; Carolina Liquid Chemistries Corp.; Center for Design Innovation; CML Microcircuits (USA); Computer Credit Inc.; Computing Solutions Group Inc.; COR365 Innovation Solutions; Dairy Fresh Inc.; DataChambers LLC; Davenport Transportation Consulting; Debbie’s Staffing Service; Eastridge Technology Inc.; Exhibit Works; Flywheel; IMG College; Interact 911; KeraNetics LLC; Key Services Inc.; Kings Plaza; MissionMode; Ocular Systems; Odigia; OnceLogix LLC; Out of Our Minds Animation Studios Inc.; Page’s Sporting Goods; PhoneTree; Piedmont Propulsion; Segmented Marketing Solutions Inc.; Small Footprint Inc.; SolidSpace LLC; Special Event Services; Sunrise Technologies Inc.; The Clearing House Payment Center; Triad Semiconductor; TrueLook; Voyss Solutions; Washington Perk site at Washington Park; West 3rd Street Media; West End Mill Works.

Source: City of Winston-Salem