Rep. Avila with Marc Trathen, Time Warner Cable's top lobbyist (right) Photo by: Bob Sepe of Action Audits

Over the course of an hour this afternoon, North Carolina’s Senate Finance Committee discussed the implications of H.129, legislation proposed, written, and lobbied by Time Warner Cable and some of their phone friends across the state.

On hand was Rep. Marilyn Avila (R-Time Warner Cable), who tried to turn her competition-busting bill into an emotional epiphany about jobs and the benefits private providers bring to a state now ranked dead last in broadband.

Pass me a tissue.

Nobody doubts Ms. Avila is looking out for the interests of the state’s big cable and phone companies.  Unfortunately for her district, she isn’t looking out for the broadband interests of her constituents, forced to pay some of America’s highest prices for low end service.

As Avila pals around with lobbyists from Time Warner Cable and the state’s cable trade group (more lobbyists), consumers in places like Orange County in north-central North Carolina see themselves on broadband maps but find they cannot actually get service from any providers.

As the hearing progressed into two-minute statements from parties interested in the outcome, the disconnect between well-paid lobbyists and corporate front groups like Americans for Prosperity with elected officials and consumers on the ground surveying a bleak broadband landscape said a lot.

Cable companies and their lobbyist friends sought to portray community broadband projects as fiscal failures — one suggested that was a global reality, despite the fact many countries have embarked on nationwide broadband plans that directly involve government to help build infrastructure.  The global leader in broadband, South Korea, is a perfect example.  With collaboration between the government and the private sector, Korea will have 1 gigabit broadband service across much of the country within a few years.  That’s because South Korea does not believe broadband is simply a convenience, they see it as a social and economic necessity.

The other side sees it as a private moneymaker that can charge rapacious prices because it’s not an essential service.

Shining a bright light on this reality was Americans for Prosperity, who delivered their own speaker at today’s hearing.  As the group complained about government ‘overreach’ providing incentives in the 1930s for rural power and phone service, it quickly became apparent there are some in this debate willing to let rural Americans sit in darkness, without a phone line (much less broadband), to make a free market point: if private companies can’t or won’t deliver the service, you don’t deserve it and shouldn’t have it.

One wonders where this thinking will ultimately take us.  Will community gardens be opposed for taking vegetable profits away from private corporate farms?  Flea markets on public fairgrounds should be banned because they unfairly compete with eBay, Dollar Tree or a supermarket?  The irony is these “small government conservatives” are all for big government legislation to keep potential competitors at bay.  For them, broadband cannot be a locally-determined community project — just something you buy from a company that may or may not have an interest in serving you.

Just ask the gentleman from Orange County, who appeared as the final speaker.  He spent his two minutes complaining about faulty cable and phone company-provided broadband coverage maps that claim service where none exists.  After spending money on equipment, he learned CenturyLink had no interest in actually providing him with DSL.  In fact, when he asked both the phone and cable company when that might change, the impression he was left with was “never.”

Whether members of the state legislature understand the irony of CenturyLink spending a fortune making sure Orange County never delivers the broadband service the company won’t provide itself is something voters across the state will need to impress on them.

They should be told, in no uncertain terms, to oppose H.129 and leave community broadband alone in North Carolina.

[Important Update — 7:53am ET 4/7 — Because of a technicality, it is important for everyone to reference H.129 when calling your state senators.  Members of the Senate Finance Committee are still evaluating the House version of the bill — H.129, so senators will more readily identify the bill we are opposing when we reference the House version (and not S.87).  You can also call it the “Level Playing Field” bill, but with disgust.  Include the fact you found the name highly ironic, since the only thing it will “level” are the state’s community broadband networks — right to the ground.  If you already called, why not just send a follow-up e-mail opposing H.129.]

Stop the Cap! has learned lobbyists for North Carolina’s cable and phone companies are growing concerned over increasing opposition to their custom-written duopoly protection bill that will ruin community broadband developments across the state and threaten ones already up and running.  Now they’re in a mad dash to push S.87 (the Senate version of H.129) through the Senate Tuesday before you have a chance to call and express outrage over this corporate protectionism.

Our sources tell us the bill has been yanked from the Senate Commerce Committee and is moving faster than North Carolina’s cable and DSL broadband to the Finance Committee, where bill sponsors hope for a quick voice vote and no public comment allowed.

The engineer of the legislative railroad in the Senate is Sen. Tom Apodaca (R) who serves the western North Carolina counties of Buncombe, Henderson, and Polk — areas with broadband challenges of their own.  Apodaca’s lead role pushing an anti-broadband bill is ironic considering his campaign website lists his priorities as:

• “Great schools for our children.” Western N.C. residents without broadband service at home are forced to resort to sitting in their cars in school parking lots or spend hours at overburdened public libraries to access Wi-Fi networks to complete homework assignments.  Great schools in a digital economy require great broadband – both in school and at home
• “Better paying jobs.” Digital economy jobs are always in demand and bring good salaries.  But those with inadequate broadband will find the kind of entrepreneurial experience and independent study required to excel in these fields hampered by satellite fraudband service or dial-up that limits possibilities and leaves North Carolina behind.
• “Let people keep more of the money they earn.” It’s a great idea, and competition for big cable and phone companies guarantees it.  In Wilson, consumers don’t face annual rate hikes for their cable service.  Can your community say that?  When their network is paid off, Wilson’s GreenLight will start paying off for local residents as well, keeping money in the community.
• “And access to quality health care.” As Google intends to prove in Kansas City, Kansas — great health care and excellent broadband go hand-in-hand to deliver better patient outcomes at a cheaper price.  Every health care provider wants faster broadband to increase efficiency and reduce costs and medical care errors.  S.87 delivers the equivalent of just another metal filing cabinet and fax machine to the back office.  Allowing communities to build fiber broadband changes everything.

What has proven so perplexing to consumers across the state is how a bill written by and for the cable and phone companies that does not deliver a single new broadband connection is getting such love and care from a legislature that is supposed to represent the interests of voters, not multi-billion dollar out of state corporations.  It confuses some of America’s high tech companies as well, including Google, Alcatel-Lucent, and Intel.  They’ve all signed a joint letter opposing H.129/S.87.

In fact, one of the reasons Google picked Kansas City, Kansas for its 1Gbps network is the friendly working relationship it has established with local utilities, which are all owned by the community of Kansas City.  It no doubt speaks volumes to Google that the North Carolina legislature would rather be at war with their towns and cities for the benefit of Time Warner Cable, AT&T and CenturyLink, than allowing communities to build their own broadband networks.  At a time when the FCC has ranked North Carolina worst in the nation, members of the Senate are being asked to guarantee that will remain so for years to come.

So What Should I Do?

Get on the phone -and- e-mail your state senator and demand a NO vote on S.87. If you are shy, you can call before or after business hours and leave a message on their voicemail. It takes less than five minutes.  Your calls make a huge difference because so few constituents ever call state legislators.  Here are your talking points:

Apodaca

1.  At a time when we need all the broadband improvements this state can muster, S.87 destroys those efforts for the benefit of a handful of out of state phone and cable companies. It’s classic protectionism — the same companies that helped write this bill are fully exempted from its onerous requirements.  The practical reality for rural North Carolina is either waiting for existing companies to deliver service they were always free to provide (and won’t), or allowing communities to do it themselves where appropriate.  Why should rural North Carolina have to depend on out of state corporations for basic broadband service many still don’t have?

2.  Not a single company has been harmed by community broadband projects in North Carolina.  In fact, it has created incentive to improve products and services while keeping prices stable, a welcome relief for consumers enduring annual rate increases far outpacing inflation.  Why is the state Senate trying to pass legislation that will guarantee higher bills and worse service?

3.  North Carolina’s fiber networks are not economic failures risking taxpayer dollars.  In fact, protections for taxpayers are already a part of the state code.  The General Assembly has already established: (1) rules governing Public Enterprises (NCGS Chapter 160A, Article 16); (2) strict rules in the Budget and Fiscal Control Act governing all municipal budgets and expenditures, including hearing and disclosure requirements (NCGS Chapter 159, Article 3); and (3) strict oversight of municipal borrowing by the Local Government Commission (NCGS Chapter 159).  S.87 attempts to micromanage public projects to the point where they simply cannot function and pay off bondholders and will, for future projects, ensure they never get off the ground.

4.  Now that the FCC ranks North Carolina dead last in broadband, isn’t it be time to allow new entrants to shake up the market and deliver some competition? Since when is legislating for less broadband better for this state?  The communities of Wilson and Salisbury now have the tools to compete with any wired city in America to attract new digital economy business and jobs.  S.87 sends exactly the wrong message — telling business the state wants to wait for the cable or phone company to eventually (if ever), deliver service other states now take for granted.  Businesses cannot wait.  We cannot wait.

5.  Provisions of this bill are unconstitutional.  By placing illegal regulatory burdens on only public providers of communications services (defined broadly) H.129/S.87 will harm municipal convention centers, public safety networks, smart grid systems, tower leasing contracts, and even make seemingly free public Wi-Fi networks vulnerable to lawsuits if the large incumbents want in on those services.

6.  The only real level playing field in broadband is the one that already exists without S.87.  Tell your senator you are tired of seeing these cable company-written bills come up in the Legislature year after year when the state has more important matters to worry about.  Time Warner Cable will do just fine without S.87, just as they do well in every other state where these kinds of bills would never get passed into law (or even proposed).

Senate Representation By County

2011-2012 Session

(click on your member’s name for contact information)

Some Time Warner customers think there is more up the cable company's sleeve than "subscriber convenience."

Time Warner Cable customers across the country have been coping with some dramatic channel realignments over the past year, in some cases finding as many as a half-dozen channels gone missing from their analog basic cable lineup when it’s all said and done.

Communities in South Carolina, Ohio, and Nebraska are the latest to find dozens of channels assuming new positions on the dial, some now requiring a $7-10 digital set top box rental to keep watching.

The reasons for the changes?  To make room for an increasing number of HD channels, upgrade to DOCSIS 3 technology to support faster broadband, and to simplify finding networks on a lineup with hundreds of choices.

In Lincoln, Neb., Time Warner Cable will be aligning all of their analog and digital standard definition channel numbers with their HD counterparts.  So if CNN occupies channel 120 on the standard definition cable lineup, CNN HD will be found on channel 1120.  Customers simply have to add a “1” in front of the three digit channel number to get the same network, when available, in HD.

Lincoln residents may appreciate the fact some channels will be easier to find, but many analog customers without a cable box are not happy several of those channels will be gone from their lineup altogether.  The “victims” of the analog to digital switcheroo are familiar to those who have already been through channel realignments — C-SPAN 2, ShopNBC, TruTV, Travel Channel, and Oxygen will be available only to those who have a digital cable box or CableCARD.

In the Myrtle Beach, S.C., area, Time Warner Cable also moved the Speed channel to a new digital-only home.  Brett Phillips who lives in Georgetown called that a hidden price increase, telling The Sun News Time Warner was effectively taking away a channel while not reducing his cable bill.

In Nebraska and Ohio, Time Warner is handing out “free” digital boxes for 12 months, but only to those who do not have one now.  Those with existing digital boxes cannot obtain a second one or get their existing box for free.  Some critics, including our Lincoln reader Marta says that is a ripoff.

“As a good customer who already pays for two digital boxes and spends almost $200 a month on my cable service, why am I paying for my digital boxes when those who want the lowest priced analog service get one for free,” Marta asks.  “Clearly this is a way to get those boxes into peoples’ homes so at the end of the year they will reluctantly pay for the $7 a month to keep renting it.”

Marta was turned down when she asked if she could get a free extra box for her kitchen television.

“No, Time Warner only gives these free boxes to people who never had them before,” she said.  “I understand the company needs to make room for new things, but they have got to get these box prices down — they could turn the whole system digital as far as I care -if- the boxes were free, or at least much cheaper.”

Some other subscribers have their own conspiracy theories about the channel realignments.

One Nebraska resident noted Time Warner Cable was moving Fox News Channel to channel 44 — an ominous turn of events for this individual:

“It seems that the liberal unionized TWC is putting Fox News on channel 44. Obama is the 44th President. [George] Soros is behind this I just know it.”

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/WEWS KSHB Time Warner Channel Changes 4-6-11.flv[/flv]

WEWS-TV in Cleveland and KSHB-TV in Kansas City tell their respective viewers about the grand shuffle in their channel lineups.  (3 minutes)

A new report has found the home of America’s worst broadband service can be found in the state of North Carolina.

The Tar Heel State ranks dead last in the number of homes able to access the Internet at speeds the Federal Communications Commission defines as “broadband” — 4/1Mbps.  The report quotes from FCC figures that show only 10 percent of North Carolina households are receiving broadband service at speeds that equal or exceed 3Mbps downstream and 768 kbps upstream.  States traditionally thought to be bottom-ranked, including Mississippi and Idaho, are now doing better than the home of Research Triangle Park.

The report comes courtesy of the SouthEast Chapter of the National Association of Telecommunications Officers and Advisors (SEATOA), which is attempting to fight off efforts to stop individual communities from delivering the service big cable and phone companies refuse to provide in large parts of the state.

Where Time Warner Cable, AT&T, and CenturyLink do deliver service, customers pay dearly for it.  Broadband.com found most of America’s worst broadband values in North Carolina.  In fact, outside of prohibitively expensive Anchorage, Alaska, seven of the ten most expensive cities were in North Carolina, when measuring cost per megabit (see below for a better understanding of how this figure was computed):

America's Worst Broadband is in North Carolina (source: Broadband.com)

Comparatively, states in the northeast were meccas.  Sixty percent or more of residents in Delaware, Massachusetts and New Jersey have broadband at speeds the FCC now considers bare minimum.  In larger states: New York, 43 percent and Pennsylvania, 44 percent, broadband speed still scored higher despite the large rural sections of both states.  Verizon’s fiber-to-the-home network has compelled upgrades among cable company competitors to keep up with the benefits fiber optics bring.

But in North Carolina, only community-owned networks are delivering service comparable to that found in the increasingly-fiber-wired northeast.  Instead of committing to upgrades, large cable and phone companies are spending plenty lobbying to restrict and banish the improved service these networks provide in communities like Wilson and Salisbury.

SEATOA’s conclusion?  The current inadequate level of service coming from North Carolina’s cable and phone companies allows the state to fall further behind in America’s economic recovery.

More about how Broadband.com calculated the results can be found below the jump.

… Continue Reading

Bill Shock

Time Warner Cable has redefined bill shock for two of their customers this week as an Ohio man found the cable company trying to bill his credit card $16 million dollars and the Madison County, Ky., Board of Education found their broadband rate going up as much as 1,568 percent.

One of these was a mistake, the other represents a potential nightmare.

Lt. Daniel DeVirgilio received notification from Time Warner Cable his credit card didn’t have a big enough credit limit to sustain the $16,409,107 in charges the cable company tried to get authorized.  The Beavercreek, Ohio resident was taking the billing foul-up in stride, joking with the Dayton Daily News that he probably should have gotten Showtime thrown in at those prices.

Time Warner Cable Southwest Ohio officials on Thursday attributed the $16.4 million figure to human error, according to the newspaper. An employee typed in the wrong number for the amount owed, which caused the company’s automated system to generate the letter.

Unfortunately for DeVirgilio, Time Warner left him on hold for nearly 40 minutes trying to straighten out the billing mess.  No harm was ultimately done to his credit card, but the 26 year old remains concerned Time Warner could have reported the “delinquent” charge to credit reporting agencies.

Madison County, Ky.

The relatively painless resolution DeVirgilio got in Ohio is unlikely to repeated for school officials in Kentucky, reeling from news Time Warner Cable is demanding an enormous rate increase for Madison County Schools’ fiber optic-based broadband network.

The Richmond Register reports local officials were stunned when the cable operator refused to renew their existing contract, which provides service at a cost of $32,000 a year to county residents.  The cable operator instead announced it wanted the school system to pay at least 500 percent more to continue the same level of service in 2011 and beyond: $168,000 a year for county taxpayers with a five year term commitment.

School officials discovered Time Warner Cable was the only provider in the region capable of delivering the type of service the school system requires, and that has given the cable company a safe position to raise prices — dramatically.

Even worse, the Kentucky Department of Education informed the district it could not agree to a five year term even if it wanted to.  Year-by-year service was the only way forward, according to county officials.

In response, Time Warner jacked up the price again — this time by 1,568 percent, potentially costing Madison County taxpayers a whopping $504,000 annually.  Telephone ratepayers will also deliver a piece of their monthly phone bill to the cable operator from Universal Service Funds that will be diverted to cover at least another $750,000 in fees sought for an annual contract.

“It’s been a very frustrating situation from the beginning,” Superintendent Tommy Floyd told the newspaper. “This makes it very difficult for us to continue our ongoing commitment to serve children. I’m going to continue on behalf of Madison County Schools to find the lowest cost provider of services.”

Time Warner also knows time is running out for the school district.  The county must sign a new contract by June 30th or lose its fiber network.  That could be a disaster for the school district.

“We use [the network] all day long in each of our buildings,” Floyd said.

State officials wrote a letter to Time Warner Cable demanding an explanation for the rate increase and stating it was unacceptable.

The state and school officials are still waiting for a response from the cable company, which so far has yet to respond.

[Updated 11:30am ET:  Stop the Cap! received a response yesterday afternoon from Cynthia Godby, Communications Manager for Time Warner Cable in Cincinnati.  In the cause of fairness, and with her permission, we are including her response in full, below:]