Can Verizon be enticed to puts its FiOS trucks back on the road to expansion?

Despite the fact further expansion of Verizon FiOS has been stalled for more than two years as a result of a company directive, local officials in one Massachusetts community won a commitment from Verizon to extend its fiber to the home service to every home and business in return for a lengthy contract renewal.

Just nine months after local officials in Medford, north of Boston, first signed an agreement with Verizon, The Medford Transcript reports the two were back at the negotiating table with an amended agreement to extend Verizon FiOS beyond the 71 percent already served in return for a franchise that will not expire until 2025.

Verizon originally left large sections of West Medford and several neighborhoods scattered around the area without a fiber upgrade.

Verizon regional president Donna Cupelo acknowledged Medford is the only community in the state that has won a second round of FiOS expansion.

Like many cable franchise agreements, Verizon has agreed to contribute towards the operation of the community’s Public, Educational, and Government access channels available to subscribers of both Comcast and Verizon FiOS.

The amended agreement will expire at the same time Comcast’s current franchise agreement ends, giving both providers parity.

Verizon’s agreement to expand its FiOS network under certain conditions may provide the first visible path for other communities with incomplete fiber service to entice Verizon to keep building its fiber network.

Time Warner Cable and other Texas cable operators are now free from their obligations to Texas towns and cities after winning a victory by default in the U.S. Supreme Court that invalidates local cable franchise agreements across the state.

By refusing the hear a case filed by the Texas Public Utility Commission, the court let stand a lower court ruling that found Texas franchise laws discriminated against cable operators by holding them to local agreements its competitors never had to sign.

At the behest of AT&T, in 2005 the Texas state legislature passed a statewide franchise law that would allow the phone company to apply at the state level for permission to operate its U-verse cable system anywhere in Texas. But the law also compelled incumbent cable operators to remain committed to their existing local franchise agreements until they expired.

The Texas Cable Association, a statewide cable lobbying group, and Time Warner Cable filed suit in federal court challenging the law, winning their case when it reached a federal appears court in New Orleans. The appeals court judge ruled the Texas law discriminated against “a small and identifiable number of cable providers.”

Under the court’s ruling, Time Warner and other cable operators are free to tear up their franchise agreements in cities like Irving, Dallas, and Corpus Christi. In practical terms, the court ruling could allow cable operators to stop supporting local public, educational, and government access channels, reduce franchise fee payments to local communities, and stop providing discounted service to public institutions.

The “statewide video franchise” is a concept heavily pushed by both AT&T and Verizon because it reduces the number of communities phone companies have to negotiate with to provide video service. It also allows company lobbyists to specifically target a handful of state officials that end up with the responsibility of monitoring cable systems in the state. That is much easier to manage than dealing with dozens, if not hundreds, of individual community governments to win permission to serve different areas on different terms.

Unfortunately, critics contend the agreements remove local control and oversight of cable operations, and also cuts into franchise fee payments to local communities, because many states routinely keep up to half of all franchise fees for state government coffers.

The cable operators involved in the case did not blame the state for the provision in the law that kept them “hobbled” under their pre-existing local franchise agreements. Their court papers instead put the blame at the feet of lobbyists for AT&T, which they say has continued to heavily lobby officials to enact policies that disadvantage cable companies like Time Warner Cable in Texas.

Time Warner Cable’s latest series of rate increases and perceived snubs has rubbed some New York residents the wrong way, and one upstate city has retaliated by extending the cable operator’s franchise by just one year.

Cable customers from Lowville to Massena, adjacent to the Canadian border, have been venting about the cable company’s decision to increase cable rates for the second time this year across the region.  The anger is nearly universal, whether one is a conservative tea party member in Norwood or a liberal Democrat in Watertown.

But the strongest message heard by Time Warner officials was delivered by Massena Deputy Supervisor Albert N. Nicola, who helped shoot down the cable company’s request for a 15-year franchise renewal, and approved a one year renewal in its place.  The vote was 5-0.

“They’re asking for a 15-year extension, which is absolutely totally outrageous,” Mr. Nicola told the Watertown Daily Times. “We’ve got to be crazy for even thinking about that.”

That is no Christmas present for Time Warner, whose cable franchise agreement in Massena expires this year on Dec. 25.

Town board members noted the cable company didn’t bother show up for franchise renegotiation discussions and were reportedly not in attendance for this week’s vote.

“It’s tough to ask questions of a group that isn’t here,” Nicola said.

Massena wants some changes in the local cable lineup, more responsiveness to local residents, and more involvement in the community by the cable company.

Residents want lower rates.

Wayne D. Mihalyi of Lowville called Time Warner the poster child of corporate greed.  Tim Donahue of Lowville wondered how much more he and his neighbors would take from the cable operator:

How long are we going to continue having Time Warner Cable increase their rates without hesitation? Isn’t anybody out there looking out for us?

We just had all our rates increase 7.5 percent in January 2011. They cried poverty and increases in dealing with the networks. Yet another small increase occurred (because of taxes) somewhere between June’s bill and October’s.

And now we just received yet another 8 percent increase within the same year? They must have seen how Netflix did it and said, “What the heck, if they can do it so can we.”

This time we’re supposed to believe it is because of their significantly increased cost of programming. Don’t forget, we also got socked a whopping 16.5 percent increase in January of 2010. When is this nonsense going to end? I am beginning to understand the reason for some of the protesting going on. This is outright greed. There is no other explanation or words for it. They have to know that seniors haven’t even had a 1 percent raise in three years.

HissyFitWatch: When contract negotiations with the local cable company get a little too heated for comfort.

The city of Troy, N.Y. has lived with an expired franchise agreement with local cable company Time Warner Cable for more than a decade.  After a shouting match erupted between a city councilman and a city economic development coordinator over its renewal, now we know why.

City officials managed to complete a tentative renewal with the cable company back in March, subject to city council review.  The agreement comes even as Verizon’s FiOS fiber to the home network threatens to provide the cable company with some competition in the region.

As part of the renewal, Time Warner has agreed to provide $80,000 to fund a Digital Technology Lab at the Arts Center of the Capital Region. It will also front $70,000 to help construct a studio for a new government channel that will deliver coverage of city council meetings, which could draw some high ratings if tensions always run this high.

Troy also gets the right to collect the maximum franchise fee allowed by law and receives a $200,000 settlement to cover alleged franchise violations that occurred under the old agreement.

One of Time Warner Cable’s biggest skeptics on the city council is Councilman Bill Dunne, (D-District 4).  He’s heard complaints about Time Warner’s prices and service from his constituents for some time, and told The Record he is “cautiously optimistic” about the potential deal, but stressed it will not be approved by the council until it is thoroughly reviewed.

Dunne suspects the cable company has made a fortune off Troy residents for years, and he wants to closely examine how well the cable company has done in upstate New York before handing them a lengthy contract extension.

Troy, New York

“I would like to see an independent auditor open up the books on Time Warner Cable … to see exactly where the money is going and how much money is being made [from Troy cable subscribers],” he told the Troy newspaper.

Some residents suspect whatever Time Warner Cable “gives” the city as a result of contract negotiations will be quickly made back in future rate increases.

“These negotiations are a sham because Time Warner Cable is negotiating with our money,” Troy resident Bill Thompson tells Stop the Cap! “If they give the city $500,000, they’ll just raise our rates to get that money back.”

Thompson says he applauds Dunne’s skepticism, and believes bringing in competition from Verizon is the only way to keep prices in check.

Christopher, during happier times.

Dunne’s ongoing concerns about Time Warner caused a fracas during last Thursday’s city council meeting, when Dunne won approval to take the Time Warner Cable franchise renewal off the table.  In its place, Dunne’s new substitute resolution forming a working group to study the proposed franchise renewal and more importantly, perform an audit of Time Warner Cable and their supporting documents.

That decision infuriated Economic Development Coordinator Vic Christopher, who had been working with Time Warner Cable and the mayor’s office to push for a speedy approval of what he felt was a well-reviewed franchise renewal agreement. When Christopher objected to the study group, and delaying the agreement in general, Councilman Ken Zalewski (D-District 6) suggested he and the mayor’s office were representing the cable company more than city residents.

That did it.

As the meeting ended, a shouting match ensued between an offended Christopher, Zalewski, and Dunne. Christopher called the city council “obstructionists” and then followed up on his Twitter account accusing the council of talking everything to death. Dunne suggested Christopher should run for office if he didn’t like the way the council represented the interests of Troy residents.

“Christopher’s petulance was an amazing spectacle to watch, especially considering nobody was directly attacking him,” Thompson says.  “He took it as a personal attack and responded in kind, and it only reinforced the notion the mayor’s office was in a hurry to get this agreement signed.”

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/The Record Spat in Troy Over TWC 4-22-11.mp4[/flv]

The hissyfit over a Time Warner Cable franchise agreement extension was caught on a cell phone camera, and the resulting video was promptly published online by The Record, Troy’s local newspaper. (1 minute)

TWC Franchise Agmt

Auburn, Alabama

Residents of Auburn, Alabama will one day have a choice for cable television service.  Incumbent cable company, Charter Cable, which has been in bankruptcy, will eventually face competition from Knology, a cable “overbuilder” servicing more than a dozen cities in the southeastern U.S.

The Auburn City Council unanimously agreed Tuesday night to begin a non-exclusive cable franchise agreement with Knology, based in West Point, Georgia.  The cable company already serves several other Alabama communities including Dothan, Huntsville, Lanett, Montgomery, and Valley, and expects approval to construct a system in nearby Opelika shortly.

The decision to bring competition to the city of 56,000 was an easy one because residents demanded more choice:

“Thank goodness this has finally happened.  It is time that people in this area had a choice regarding their cable.  Charter has provided poor customer service as well as poor cable and internet service for years.  I am surprised that my internet has stayed up long enough for me to type this!” — psych1

“This makes my day, now all we need is for satellite to have rights to the local channels and we’ll truly have the competition and choice we deserve…this is a huge step though!” — Matt

“I will dump Charter the second Knology is here.” — lp95

“Now we just need this in Opelika. I hate Charter with all my being.” — jackburnt

“Thank Goodness!  Charter is surely the worst cable company in history. I hope nobody reading this fell for their BS “contract” pricing lately.  They knew this was coming and tried to tie folks down for at least another year. This is truly a victory for the people of Auburn.” — tboone

“I am glad to see competition is coming in,” Ward 1 council member Arthur L. Dowdell told the Opelika-Auburn News. “I wish there was more coming in.”

One question remains on the table — When will Knology commence service in the area?

Chad S. Wachter, general counsel for Knology, said he didn’t know when Knology will be available for city residents.

“We’ll provide those answers with the city when we get them,” he said.

Ward 7 council member Gene Dulaney, the News noted, encouraged Wachter to build as fast as possible.

Charter Cable representatives followed the usual playbook cable operators use when competition is imminent.

Skip James, Charter’s director of government relations, addressed the council during citizens’ communications to express the company’s support for competition.

“We competed with Knology in the past and we will continue to in the future,” he said.

Knology provides customers with cable television, telephone and broadband services.  Most of their systems offer broadband at around 8Mbps and there doesn’t appear to be a limit.  Knology is quietly upgrading their systems to DOCSIS 3 to provide “wideband” service, cable’s designated turn of phrase for next generation broadband speeds.  But the company is also following a familiar pattern of not spending the money to upgrade where competitive pressure doesn’t exist.

Knology chairman and CEO Rodger Johnson told investors during a 1st quarter 2009 earnings call that the company was prepared to upgrade, but isn’t going to jump the gun.

“We are enabling our markets to deliver Docsis 3.0 when we decide the time is right to push the trigger,” Johnson said. “A very expensive piece of that proposition is the transition of the cable modems to 3.0 cable modems. We will make that move at the time that we’re feeling competitive pressures to move to a 3.0 environment, but not until that time.”

Johnson should be careful about waiting too long.  Pinellas County is one of Knology’s service areas in Florida, and it has Verizon FiOS and Bright House Networks fighting for customers in an upgrade war Knology cannot win with slower broadband.

[flv]http://www.phillipdampier.com/video/Knology – Choices Ad.mp4[/flv]

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p style=”text-align: center;”>Knology “Choices” Ad (30 seconds)