Alito

Justice Samuel Alito was forced to recuse himself from nearly six dozen cases brought to the Supreme Court in the last 10 months because the Alito family owns stock in many of the corporations involved in litigation.

When Alito’s wife Martha Ann’s father died last year, the Alito family inherited a wealth of stock worth up to $1.25 million in some of America’s largest companies, including AT&T and Verizon Communications.

The Associated Press reports Alito’s tardy financial disclosure for 2012 revealed the justice’s reasons for recusal: his sudden ownership of shares in large telecom, pharmaceutical, oil and gas, and tobacco companies.

Federal law requires justices to step away from cases where there is a financial conflict of interest. Alito’s inherited stock represents just such a conflict.

In one case, however, Alito found himself holding Comcast Corp. stock after hearing arguments in a massive class action antitrust case representing two million customers the plaintiffs argued were being overcharged by an illegitimate cable monopoly.

Alito’s Comcast stock was purchased and sold last December. The Court’s 5-4 decision, written by Justice Antonin Scalia, was announced March 27. Alito’s deciding vote fundamentally raised the bar on future lawsuits, making it much more difficult for class action cases to be brought before the courts.

The Comcast suit, in the courts since 2003, argued that cable subscribers in Pennsylvania, New Jersey and Delaware were overcharged at least $875 million because of Comcast’s efforts to monopolize cable service in the Philadelphia area. Comcast amassed its dominant position by buying or swapping cable systems in the region to create a single large cable provider serving the majority of southern New Jersey, Delaware, and southeastern Pennsylvania. By 2002, the lawsuit claimed, Comcast had achieved a 77.8 percent market share.

Comcast argued the lawsuit was too complicated and its proposed method of calculating damages was faulty. The Court’s conservative justices agreed with Comcast, finding the lawsuit fell “far short of establishing that damages are capable of measurement.”

• Voting for Comcast’s position: Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito.
• Voting against Comcast: Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan.

A study recently published in the Minnesota Law Review found the current Supreme Court is by far the most corporate-friendly of any court in at least 65 years, noting “the Roberts court is indeed highly pro-business — the conservatives extremely so and the liberals only moderately liberal.”

The top two most likely to vote in favor of big business among all justices seated since 1946 are Chief Justice Roberts and Justice Samuel A. Alito, Jr.

“There was a time when being ‘business-friendly’ meant giving corporations a leg-up and a level playing field because doing so creates jobs and bolsters the economy,” wrote Supreme Court reporter Jonathan Valania. “Today, ‘business-friendly’ means letting corporations socialize their costs while privatizing their profits. It means letting corporation literally write the laws that govern them. It means rolling back regulations and de-fanging oversight [….] What we are really talking about is corporatism.”

AT&T and Camden Property Trust have announced an agreement to offer broadband, television, and phone services over fiber to the premises technology beginning this fall, serving new high-end apartment homes owned by the developer in Atlanta, Austin, and Orlando.

AT&T’s suggestion it will build a competing fiber network that would rival Google appears to be, for now, limited to selected, luxury multi-dwelling units participating in a strategic marketing partnership that can guarantee enough customers to make the investment in fiber optics worthwhile.

AT&T’s Connected Communities Initiative is a special program offered to large single-family homebuilders, developers, real estate investment trusts, apartment owners, property management groups and large homeowners’ associations that can deliver AT&T a virtually captive customer base in return for better-than-average service and kickbacks in the form of lucrative commissions.

Camden’s Gaines Ranch in Austin, Tex.

With AT&T’s latest agreement, the new Camden-managed properties will receive the next generation of U-verse High Speed Internet, U-verse TV and U-verse Voice on an all-fiber network that will deliver a level of enhanced service unavailable to most U-verse customers. Most importantly, the fiber infrastructure will let AT&T to offer faster broadband to residents without limiting their television viewing.

Most AT&T U-verse customers receive service over a hybrid fiber-copper phone wire network using a more advanced form of DSL. Fiber from the nearest AT&T central office extends into each neighborhood, but existing copper phone wiring carries the service the last several blocks into individual customer homes. The presence of copper limits the available bandwidth, which has kept AT&T’s top U-verse speeds at around 24Mbps. The only way to increase speeds is to cut the amount of copper in the network. Eliminating it completely is even better.

AT&T has been reluctant to follow Verizon’s lead deploying an all-fiber network. The cost to wire each home with fiber was too prohibitive for AT&T, but providing fiber connectivity to large apartment buildings, condos, or other multi-dwelling units has met AT&T’s cost concerns, especially when the property owner signs over exclusive rights to the buildings’ existing telecommunications infrastructure.

AT&T’s program encourages the participation of property owners with a variety of paid commissions and other compensation, including:

Exclusive Marketing Agreements: Under an AT&T Exclusive Marketing Agreement, residents may still choose their communications and entertainment services provider, but the builder, developer or property owner agrees to exclusively promote AT&T services. In doing so, AT&T provides financial incentives in the form of commissions for property owners and multiple service options for residents. In most cases, renters may have the mistaken impression they can only get service from AT&T, and are informally discouraged from considering alternative providers.

Bulk Contracts: An AT&T Connected Communities bulk agreement offers greater earning potential. With a single, monthly recurring bulk bill for all contracted units, developers and HOAs get below-retail pricing, increased savings on equipment costs, and other rewarding financial incentives. In most cases, building owners include AT&T services either as part of the monthly rent or billed as a mandatory services surcharge. A resident can still sign up for satellite or cable television, but has zero incentive to do so because they would be effectively paying for service twice.

Exclusive Use of Wire:  Property owners grant AT&T exclusive use of the wiring, including coaxial cable, at the property. In addition, owners agree to promote AT&T products to residents. This deters would-be competitors from providing service at a property signed up with AT&T. A cable or satellite competitor would not have access to existing wiring and have to arrange an agreement with the property owner to provision a second cable inside the building. Neither the competing provider or the property owner would have any incentive to do this, regardless of the wishes of renters.

Large properties can also contract with AT&T to provision a site-wide Wi-Fi network for the benefit of residents both around the property and at amenities like clubhouses or poolside.

While such agreements can benefit residents with bulk pricing discounts beyond what they could have obtained from AT&T themselves, it also strongly deters other providers from delivering competitive services.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/ATT Connected Communities 9-2012.flv[/flv]

Last fall, AT&T promoted its Connected Communities program with property developers, offering them commissions and other special deals if they sign exclusive marketing agreements with the phone company. In 2013, broadband speeds for certain U-verse Internet customers will be increasing, depending on the infrastructure available. (2 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Camden Online Communities 8-13.flv[/flv]

Camden Properties emphasizes the online services available to residents, particularly those that promote social interaction. In some cases, those services will now be powered by AT&T U-verse. (1 minute)

Phillip “Every other 2008 spectrum bidder except U.S. Cellular has since sold its winnings to AT&T or Verizon Wireless or has never provided competitive service” Dampier

AT&T is unhappy with a proposal from a wireless competitor it originally tried to buy in 2011 that would offer smaller competitors a more realistic chance of winning favored 600MHz spectrum vacated by UHF television stations at a forthcoming FCC auction.

T-Mobile’s “Dynamic Market Rule” proposal would establish a cap on the amount of spectrum market leaders AT&T and Verizon Wireless, flush with financial resources for the auction, could win.

“Imposing modest constraints on excessive low-band spectrum aggregation will promote competition, increase consumer choice, encourage innovation, and accelerate broadband deployment,” T-Mobile offered in its proposal to the FCC.

Without some limits, wireless competitors Sprint and T-Mobile, among other smaller carriers, could find themselves outbid for the prime spectrum, well-suited for penetrating buildings and requiring a smaller network of cell towers to deliver blanket coverage.

In a public policy blog post today, AT&T argues T-Mobile is behind the times and its proposal is unfair and unworkable:

First, the purported advantage of low band spectrum – that it allows more coverage and better building penetration with fewer cell sites – has been overtaken by marketplace realities under which capacity not coverage drives network deployment.  Carriers deploying low band and high band spectrum alike must squeeze as many cell sites as they can into their networks to meet exploding demand for data services.  Second, to the extent this is less the case in rural areas, those areas are not spectrum-constrained and the lower cost of building out low band spectrum in such areas is offset by the higher cost of the spectrum itself.

[…] But this is not the only point that should concern policymakers.  Such caps will also suppress auction revenues, potentially to the point of auction failure, ultimately reducing the amount of spectrum freed up for mobile broadband use and undermining the auction’s ability to meet critical statutory goals.

[…] Even if T-Mobile’s proposal did not result in complete auction failure, its proposed caps would suppress auction revenues, reducing the amount of spectrum freed up for mobile broadband use as well as funds generated for FirstNet and to pay down the national debt.  That is because strict limits on participation by otherwise qualified bidders will make the auction less competitive and will yield less revenue.  Indeed, if T-Mobile’s proposed spectrum cap was strictly enforced, Verizon estimates it would be barred from bidding in 7 of the top 10 markets.  AT&T would face similar bidding limitations, as noted in our filing.

AT&T suggests the last major auction in 2008 attracted 214 qualified bidders and 101 bidders won licenses, including carriers of all sizes and new entrants.

But an analysis by Stop the Cap! shows the breakaway winners of the 2008 auction were none other than AT&T and Verizon Wireless, which paid a combined $16.3 billion of the total $19.592 billion raised. For that money, they acquired:

• Block A – Verizon Wireless and U.S. Cellular both bought 25 licenses each. In this block, Verizon targeted urban areas, while U.S. Cellular bought licenses primarily in the northern part of the U.S., where it provides regional cellular service. Cavalier Telephone and CenturyTel also bought 23 and 21 licenses, respectively. Cavalier Telephone is now wholly owned by Windstream, which does not provide cell service and was selling its 700MHz spectrum to none other than AT&T. So is CenturyLink (formerly CenturyTel).

• Block B – AT&T Mobility was the biggest buyer in the B block, with 227 licenses totaling $6.6 billion. U.S. Cellular and Verizon bought 127 and 77 licenses, respectively. AT&T Mobility and Verizon Wireless bought licenses around the country, while U.S. Cellular continued with its strategy to buy licenses in its home network northern regions.

• Block C – Of the 10 licenses in the C Block, Verizon Wireless bought the 7 that cover the contiguous 48 states (and Hawaii). Those seven licenses cost Verizon roughly $4.7 billion. Of the other three, Triad Communications — a wireless spectrum speculator — bought the two covering Alaska, Puerto Rico and the U.S. Virgin Islands through its Triad 700, LLC investor partnership, while Small Ventures USA, L.P. bought the one covering the Gulf of Mexico. Triad 700, LLC sold its spectrum last fall to AT&T while Small Ventures USA sold theirs to Verizon Wireless.

• Block E – EchoStar spent $711 million to buy 168 of the 176 available Block E licenses. This block, made up of unpaired spectrum, will likely be used to stream television shows. Qualcomm also bought 5 licenses. Neither company has used its spectrum to offer any services five years after the auction ended.

So much for improving the competitive landscape of wireless. Other than U.S. Cellular, which is rumored to be on AT&T and Verizon Wireless’ acquisitions wish list, every auction winner has either sold its spectrum to the wireless giants or has done nothing with it.

If “highest bidder wins”-rules apply at the forthcoming auction, expect more of the same.

AT&T and Verizon Wireless have significant financial resources to outbid Sprint, T-Mobile and smaller carriers and will likely win the bulk of the available spectrum whether they actually need it or not. Smaller victories may be won by smaller competitors, but only in rural areas and sections of the country disfavored by the largest two.

Richard Miller from the Capitol Fax blog spent the weekend at the Illinois State Fair and might as well have left his AT&T cell phone at home, because the wireless giant’s network collapsed with an overload of traffic.

“Both days, after 5 o’clock in the afternoon, AT&T’s mobile phone service wouldn’t work,” Miller writes. “Calls in or out were sporadic at best, and texts took numerous attempts to work, if ever. Internet? Fugetaboutit. And when the nightly concert started, everything completely shut down. No calls, no texts, no nothing.”

How to improve AT&T service? Remove the rules that require them to provide it.

Miller reported friends attending the fair with him had no difficulties using Verizon Wireless, Sprint, or T-Mobile, so Miller concludes the problems were AT&T’s to own.

“There’s no excuse for the giant corporation’s lousy service,” said Miller.

Attendees with missing children or needing to make emergency calls were plain out of luck. Pay phones are long gone. The only alternative was finding someone with a phone not served by AT&T.

“[People] pay good money for the service and they have a right to expect that they can use their expensive communications devices at large annual events, where people get separated all the time,” said Miller.

Ironically, the Illinois Farm Bureau (IFB) received at least $20,000 from AT&T in 2012 and is for wholesale deregulation of AT&T. The Illinois Partnership for the New Economy & Jobs, a front group for AT&T Illinois, noted that the farm bureau is all for “updating” Illinois state laws that take the hook off AT&T’s responsibility to serve every resident in the state. A preview of what that looks like was experienced by Miller and others at the state fairgrounds.

The average owner of a large home that wants an alarm system, the ability to observe everything indoors and out, and remotely control doors, thermostats and electric outlets will pay AT&T $1,740 in installation fees and a recurring monthly charge of $69.95 a month for deluxe peace of mind.

AT&T’s “Digital Life” service, available in U-verse equipped areas, is just the latest revenue-booster for the telephone company. The new service will compete directly against similar offerings from cable operators and traditional home security vendors including ADT.

AT&T can claim some superiority for its offering, because it offers water damage sensors most others don’t. That add-on can detect a basement water heater on the way out or give an early warning of a sewer backup.

AT&T’s deluxe offer — headlined above — includes the water control add-on, three indoor pan-and-scan cameras, one outdoor security camera, sensors for six windows and a variety of home automation features. For the middle class, AT&T offers less tony packages, letting customers customize features most valuable to them.

Home security and automation is a growth industry, particularly since the cable and phone companies have gotten into the act. The Boston Herald reports 90 million homes worldwide will have some form of home automation system in place by 2017.

Although home security systems have been available for years, they require separate contracts, installation, and monitoring from alarm providers most Americans are barely familiar with. The cable and phone companies hope their packages, offered as “add-ons,” will attract more customers that would not normally consider a home security system. Maintaining broadband service is also often a prerequisite for the cable/telephone company systems. As customers are already accustomed to seeing the cable or phone guy and a large, multi-product monthly telecommunications bill, adding another service like home automation and monitoring is not a big stretch.

“Offering security services in the past was basically a separate offering,” said Mitchell Christopher, vice president of technical operations at  Time Warner Cable. “Security wasn’t tied to the existing products or network. With the new products we have now, it is fully integrated into our existing network. It is just an extension of what we are doing versus a departure.”

Unlike traditional intrusion alarms, services like AT&T’s “Digital Life” promote home automation and monitoring features above basic home security.

The Herald:

A few real life-examples: Turn on the lights and unlock your front door when you see your cleaning crew arrive. Lock it behind them when they leave — no need to give them a key. Set programs that make life easier, such as one that triggers your back door to open and your kitchen lights to turn on when your garage door opens each night as you arrive home. View a log of each time your front door has opened or closed to know whether your child has kept his or her word about staying in to do homework. Simply press a button on your smartphone or tablet for “police” or “fire” in the event of an emergency. Be alerted if the service detects a water leak, smoke or carbon monoxide. And if a leak is detected, have the water supply cut automatically.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/ATT Digital Life 8-2013.flv[/flv]

AT&T produced this introductory video for its Digital Life home security and automation suite. The most basic home security packages start at $150 for equipment and $30 a month with a 2-year contract. (1 minute)