Residents of some cities north of Dallas are in the unique position of being able to choose between two phone companies and at least one cable operator for television, phone, and broadband service.

AT&T U-verse competes head to head with Verizon’s advanced FiOS fiber to the home service in communities like Allen, Plano, and Frisco, Tex.,  because of franchising agreements that opened to door for both companies to compete in overlapping territories.

The aggressor was Verizon, which took advantage of Texas’ statewide video franchise law to “overbuild” its FiOS fiber operation into AT&T’s landline territory, particularly in affluent Frisco and Allen.

Verizon got interested in the area in 2008 because of the population boom and housing growth in North Texas. It was easy to lay fiber in the large housing developments under construction. When the economy crashed along with the housing market during the Great Recession, Verizon’s investment and interest in expanding FiOS declined. Today, some areas have access to both Verizon FiOS and U-verse from AT&T, as well as at least one cable operator. Other areas, especially in unfinished planned neighborhoods, only have access to only one provider, AT&T.

Verizon’s decision to overbuild and face AT&T was a decision to target investment into some of the richest areas in the Dallas-Ft. Worth Metroplex. Lower income areas often have neither service, as Verizon has focused efforts north of the city and AT&T U-verse is still not available in certain areas of downtown Dallas.

Virgin Media is in hot water with a UK advertising regulator after the company’s marketing department borrowed one of the tricks successfully employed in the United States: selling “unlimited broadband” service that actually is not unlimited at all.

Competitors BSkyB and BT jointly complained to the Advertising Standards Authority about misleading ad claims from Virgin Media that promise unlimited broadband, without bothering to clearly mention Virgin uses a “traffic management policy” that slashes speeds in half when a customer downloads more than 11GB during peak usage times.

Virgin defended its advertising, claiming its speed throttle is so infrequently activated that 97.7% of its customers would never encounter it.

But the ASA would have none of that, noting Virgin’s advertising campaign specifically targets customers who lust for faster speed and are engaged in bandwidth intensive activities.

 

“In that context we considered that the restriction of reducing users’ download speeds by 50% was not moderate and that any reference to it was likely to contradict, rather than clarify, the claims that the service was ‘unlimited’,” the ASA said. “We therefore concluded that the claim ‘unlimited’ was misleading.”

A Virgin spokesperson explained the “unlimited” in the advertising actually referred to one’s ability to use their account as often as they like without worrying about overlimit fees.

“Unlike BT or Sky, all Virgin Media customers can download as much as they like, safe in the knowledge we’ll never charge them more.”

The ASA itself is not militant adhering to the dictionary definition of “unlimited” either.

The ASA, which previously banned more than two dozen Virgin ads for stretching the truth, ruled this one misleading as well because Virgin Media crossed the line imposing restrictions “that were more than moderate:”

While the claim “no hidden charges” made clear that users would not be charged for downloading or browsing, we considered that the inclusion of the claims “unlimited” and “no caps” implied that there were no other restrictions to the service, regardless of how much data users downloaded and browsed. Virgin Media’s traffic management policy reduced users’ download speeds by 50% if they exceeded certain data thresholds and we considered that this was an immoderate restriction to the advertised “unlimited” service. We therefore concluded that the claim “Unlimited downloads Download and browse as much as you like with no caps and no hidden charges” misleadingly implied that there were no provider-imposed restrictions on a customer’s ability to download data.

“The problem is that the service claims to be unlimited but is too limited,” comments Stop the Cap! reader James, who almost thought this was an April Fools’ prank. “A little limited would be just fine. So if you claim your service is unlimited, consumers should expect it be subject to moderate limitations?”

Virgin has since slightly relaxed its speed throttle; violators now face a 40% speed cut when they are found to be downloading “too much” during peak usage periods.

For UK broadband users, the larger question is why the ASA simply didn’t reach for the dictionary when attempting to define “unlimited.”

“If a broadband provider wants to advertise unlimited service, they should simply offer it,” says Stop the Cap! reader Geoff Peale. “Calling it unlimited while interfering with your speed is nothing short of trickery, and the ASA should know better.”

[flv width=”384″ height=”236″]http://www.phillipdampier.com/video/BBC News Twenty five Virgin Media ads found to be misleading 10-11-12.flv[/flv]

The Advertising Standards Authority (ASA) has banned 25 Virgin Media adverts for being either misleading or factually incorrect in the past 18 months. The BBC’s Watchdog took a humorous look at them to find out why so many are falling afoul of the regulator. (6 minutes)

Thanks to readers James and Geoff for sharing the story.

Consumer Reports has released its 2013 ratings for broadband service providers, showing independently owned cable companies and fiber optic broadband services from companies large and small deliver the best bang for the buck.

WOW, a small cable operator serving limited areas of the country yet again achieved first place in the ratings, appearing in the May issue. Verizon and Frontier’s FiOS fiber networks rated #2 and #5 respectively. (Frontier acquired its fiber to the home network from Verizon in 2009.)

In general, cable broadband service scored considerably better than telephone company DSL. Wireless broadband did more poorly, with Verizon’s 4G LTE network in 23rd place. Satellite scored worst, with both ViaSat and Hughes among the bottom three.

Mediacom once again took honors as America’s worst cable company. This year, it managed to score even worse than ViaSat, formerly WildBlue. Other bottom dwellers: FairPoint DSL, AT&T DSL, Frontier DSL, Charter Cable and Comcast Cable.

Compared with last year, few companies saw dramatic improvements or declines, despite glowing press releases touting improvements and investment.

Time Warner Cable, which scored 19th last year dropped to 20th place this year.

TDS, an independent phone company, managed a surprising 5th place score last year, despite only giving most of its customers DSL service. This year it is in eighth place.

Cablevision, which faced criticism for an overburdened broadband network last year managed almost no change in ratings this year, despite a measurable improvement in service.

Consumer Reports’ ratings are largely based on customer perceptions shared with the magazine in its annual questionnaire. CenturyLink may have delivered an improved experience for its customers between 2012 and 2013. Last year the phone company was in 18th place. This year it improved to 11th place.

Cable operators and publicly owned utilities in Tennessee are battling for control over the prices companies pay to use utility poles, with facts among the early casualties.

The subject of “pole attachment fees” has been of interest to cable companies for decades. In return for permission to hang cable wires on existing electric or telephone poles owned by utility companies, cable operators are asked to contribute towards their upkeep and eventual replacement. Cable operators want the fees to be as low as possible, while utility companies have sought leeway to defray rising utility pole costs and deal with ongoing wear and tear.

Little progress has been made in efforts to compromise, so this year two competing bills have been introduced by Republicans in the state legislature to define “fairness.” One is promoted by a group of municipal utilities and the other by the cable industry and several corporate-backed, conservative front groups claiming to represent the interests of state taxpayers and consumers.

Some background: Tennessee is unique in the pole attachment fee fight, because privately owned power companies bypassed a lot of the state (and much of the rest of the Tennessee Valley and Appalachian region) during the electrification movement of the early 20th century. Much of Tennessee is served by publicly owned power companies, which also own and maintain a large percentage of utility poles in the state.

Some of Tennessee’s largest telecom companies believe they can guarantee themselves low rates by pitching a case of private companies vs. big government utilities, with local municipalities accused of profiteering from artificially high pole attachment rates. Hoping to capitalize on anti-government sentiment, “small government” conservatives and telecom companies want to tie the hands of the pole owners indefinitely by taking away their right to set pole attachment rates.

The battle includes fact-warped editorials that distort the issues, misleading video ads, and an effort to conflate a utility fee with a tax. With millions at stake from pole attachment fees on tens of thousands of power poles throughout the state, the companies involved have launched a full-scale astroturf assault.

Grover Norquist’s Incendiary “Pole Tax”

Conservative Grover Norquist, president of Americans for Tax Reform wrote that the pole attachment fee legislation promoted by public utilities would represent a $20 million dollar “tax increase” from higher cable and phone bills. Even worse, Norquist says, the new tax will delay telecom companies from rushing new investments on rural broadband.

In reality, Americans for Tax Reform should be rebranded Special Interests for Tax Reform, because the group is funded by a variety of large tobacco corporations, former clients of disgraced lobbyist Jack Abramoff, and several wealthy conservative activists with their own foundations.

Norquist’s pole “tax increase” does not exist.

The Federal Communications Commission (FCC) provides guidelines and a formula for determining pole attachment rates for privately owned utilities, but permits states to adopt their own regulations. Municipal utilities are exempted for an important reason — their rates and operations are often already well-regulated.

Stop the Cap! found that pole attachment revenue ends up in the hands of the utility companies that own and keep up the poles, not the government. Municipal utilities stand on their own — revenue earned by a utility stays with the utility. Should a municipal utility attempt to gouge other companies that hang wires on those poles, mechanisms kick in that guarantee it cannot profit from doing so.

A 2007 study by the state government in Tennessee effectively undercut the cable industry’s argument that publicly owned utilities are overcharging cable and phone companies that share space on their poles. The report found that “pole attachment revenues do not increase pole owners’ revenue in the long run.”¹

The Tennessee Valley Authority, which supplies electricity across Tennessee, regularly audits the revenues and costs of its municipal utility distributors and sets end-user rates accordingly. The goal is to guarantee that municipal distributors “break even.” Any new revenue sources, like pole attachment fees, are considered when setting wholesale electric rates. If a municipal utility overcharged for access to its poles, it will ultimately gain nothing because the TVA will set prices that take that revenue into account.

Freedom to Distort: The Cable Lobby’s Astroturf Efforts

Another “citizens group” jumping into the battle is called “Freedom to Connect,” actually run by the Tennessee Cable Telecommunications Association (TCTA). Most consumers won’t recognize TCTA as the state cable lobby. Almost all will have forgotten TCTA was the same group that filed a lawsuit to shut down EPB’s Fiber division, which today delivers 1,000Mbps broadband service across the city and competes against cable operators like Comcast and Charter Cable.

One TCTA advertisement claims that some utilities are planning “to double the fees broadband providers pay to the state’s government utilities.”

In reality, cable companies have gone incognito, hiding their identity by rebranding themselves as “broadband providers.” No utility has announced it plans to “double” pole attachment fees either.

TCTA members came under fire at a recent hearing attended by state lawmakers when Rep. Charles Curtiss (D-Sparta) spoke up about irritating robocalls directed at his constituents making similar claims.

“What was said was false,” Curtiss told the cable representatives at the hearing. “You’ve lost your integrity with me. Whoever made up your mind to do that, you’re in the wrong line of work.”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/TCTA Pole Attachment Fees Ad 3-13.flv[/flv]

TCTA — Tennessee’s cable industry lobbying group, released this distorted advertisement opposing pole attachment fee increases.  (1 minute)

The Chattanooga Free-Press’ Drew Johnson: Independent Opinion Page Editor or Well-connected Activist with a Conflict of Interest?

In its ad campaign, the TCTA gave prominent mention to an article in Chattanooga’s Times-Free Press from Feb. 27: “Bill Harms Consumers, Kills Competition.”

What the advertisement did not say is it originated in an editorial published by Drew Johnson, who serves as the paper’s conservative opinion editor. Johnson has had a bone to pick with Chattanooga’s public utility EPB since it got into the cable television and broadband business.

That may not be surprising, since Johnson is still listed as a “senior fellow” at the “Taxpayers Protection Alliance,” yet another corporate and conservative-backed astroturf group founded by former Texas congressman Dick Armey of FreedomWorks fame.

Johnson’s journalism credentials? He wrote a weekly column for the conservative online screed NewsMax, founded and funded by super-wealthy Richard Mellon Scaife and Christopher Ruddy, both frequent donors to conservative, pro-business causes.

TPA has plenty to hide — particularly the sources of their funding. When asked if private industry backs TPA’s efforts, president David Williams refused to come clean.

“It comes from private sources, and I don’t reveal who my donors are,” he told Environmental Building News in January.

Ironically, Johnson is best known for aggressively using Tennessee’s open records “Sunshine” law to get state employee e-mails and other records looking for conflicts of interest or scandal.

Newspaper readers may want to ask whether Johnson represents the newspaper, an industry-funded sock puppet group, or both.  They also deserve full disclosure if the TPA receives any funding from companies that directly compete with EPB.

The Institute from ALEC: The Institute for Policy Innovation’s Innovative Way to Funnel AT&T and Comcast Money Into the Fight

Another group fighting on the side of the cable and phone companies against municipal utilities is the Institute for Policy Innovation. Policy counsel Bartlett D. Cleland claimed the government is out to get private companies that want space on utility poles.

“The proposed new system in HB1111 and SB1222 is fervently supported by the electric cooperatives and the government-owned utilities for good reason – they are merely seeking a way to use the force of government against their private sector competitors,” Cleland said. “The proposal would allow them to radically raise their rates for pole attachments to multiples of the national average.”

The facts don’t match Cleland’s rhetoric.

In reality, the state of Tennessee found in their report on the matter in 2007 that Tennessee’s pole attachment fees are “not necessarily out of line with those in other states.”²

In fact, some of the state’s telecom companies seemed to agree:

• EMBARQ (now CenturyLink) provided data on fees received from other service providers in Tennessee, Virginia, South and North Carolina. In these data, Tennessee’s rates ($36.02 – $47.41) are similar to those in North Carolina ($23.12-$52.85) and Virginia ($28.94 – $35.77). Rates were lower in South Carolina.
• Cable operators, who have less infrastructure on poles than telephone and electric utilities, paid even less. Time Warner Cable provided mean rates per state showing Tennessee ($7.70) in the middle of the pack compared to Florida ($9.83) and North Carolina ($4.86 – $13.64).

In addition to his role as policy counsel, Cleland also happens to be co-chair of the Telecommunications and Information Technology Task Force of the American Legislative Exchange Council (ALEC). Members of that committee include Comcast and AT&T — Tennessee’s largest telecom companies, both competing with municipal telecommunications providers like EPB.

¹ Analysis of Pole Attachment Rate Issues in Tennessee, State of Tennessee. 2007. p.23

² Analysis of Pole Attachment Rate Issues in Tennessee, State of Tennessee. 2007. p.12

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/PBS Streaming Video Major Player 3-20-13.flv[/flv]

Traditional Hollywood studios now compete with streaming content providers like Netflix and Amazon to capture viewers’ attention. Hari Sreenivasan looks at the growing impact of broadband and its effect on our viewing habits and entertainment industry with Brian Stelter of the New York Times and Lisa Donovan of Maker Studios. (8 minutes)

Some portions of the video were not cleared for online viewing. The missing section of the segment:

Traditional Hollywood studios have long produced the movies and television programs we love to watch, but in the era of high-speed broadband, companies like Netflix, Amazon, YouTube, and Hulu are some of the new power players.

All of them stream movies, TV and video. Increasingly, they’re creating their own unique content as well. For the moment, Netflix has raised the stakes most prominently. Last month, it debuted all at once 13 episodes of its original $100 million dollar series “House of Cards” all at once. It stars Kevin Spacey as a cynical U.S. House majority whip. Its success turned up the heat on its competitor, Amazon Prime, which is spending millions on new content.

Amazon in turn announced an exclusive deal with PBS to stream its hit show “Downton Abbey.” Cable providers like Xfinity and Time Warner are making more of their content available for their online customers, an audience that is growing.

According to comScore, a company that tracks digital media, every day, 75 million people in America watch videos online.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/PBS Tennessee Internet 3-21-13.flv[/flv]

Chattanooga, Tenn., is home to American’s fastest Internet connection — up to 200 times faster than the national average. Hari Sreenivasan talks with Sheldon Grizzle of The Company Lab and Richard Bennett from the Information Technology and Innovation Foundation about whether Chattanooga offers a model for the rest of the U.S. (9 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/PBS Equal Access to the Internet 3-22-13.flv[/flv]

Internet use is now so ubiquitous in the U.S. that not having access or online literacy can create major hurdles. As part of the NewsHour’s series on broadband technology and its effect on society, Hari Sreenivasan explores the so-called digital divide with Vicky Rideout of VJR Consulting and former FCC official Karen Kornbluh. (9 minutes)