Rep. Marilyn Avila (R-Time Warner Cable)

Rep. Marilyn Avila (R-Time Warner Cable) is coming under increasing scrutiny across North Carolina as her cable lobbyist-written, anti-community broadband bill — H.129 — faces negative reviews in the media across the state.

Avila’s bill would set conditions under which community-owned broadband networks could operate, while specifically exempting existing cable and phone companies.  Most observers on the ground predict Avila’s bill would kill any further expansion of public broadband networks in the state and tie the hands of those already in operation, which would inevitably drive them out of business.  Avila’s bill, ghost-written by the state’s cable companies, even has the prescience to allow the fiber systems to be sold off to cable and phone companies at fire-sale prices for as little as pennies on the dollar, without a public vote.

Last week, the state legislature’s Finance Committee put Avila’s bill on a temporary hold “to allow public input” on the bill, but also to permit scrambling by lobbyists to deal with several surprise amendments that attempt to exempt existing community networks.

That time-out has given the press a chance to examine the proposed legislation and its impact on North Carolina’s efforts to improve its mediocre broadband rankings, now 41st in the country.  More than a few in the media do not like what they see in H.129.

The Associated Press notes the state legislature was finally allowing the public to weigh in on a matter that directly impacts their Internet experience:

North Carolina lawmakers aiming to stop cities from building their own broadband networks decided Thursday to allow public comments the next time they consider the latest effort by telecom companies to keep local governments out of the business.

The House Finance Committee will hear from the public next Wednesday as it reviews legislation that would sharply restrict the chances for municipalities to step in when cable and phone companies decide not to build high-speed Internet systems in lightly populated areas. Opponents say telecom companies aren’t extending super-fast Internet at reasonable prices, and that keeps smaller communities behind in the wired world of commerce.

“They don’t want to provide these services in a lot of areas because it’s expensive, and they don’t want municipalities to offer these services. That’s an unlevel playing field for our citizens,” said Rep. Deborah Ross, D-Wake.

Legislation unveiled Thursday was changed to ease the rules for communities in which at least half the households have no access to high-speed Internet except through a satellite provider. Another change ensures the new rules don’t affect the municipal networks already established in Wilson, Salisbury, Morganton and Iredell County, which have borrowed to build their systems.

Cable and phone companies have been urging the General Assembly to restrict municipal broadband services since a 2005 state appeals court ruling upheld the right of towns and cities to offer their residents broadband. Companies argue that local governments have an unfair advantage because they don’t have to pay taxes and can subsidize their rates by shifting profits from their electricity or gas customers, undercutting the corporate competitors.

Except community broadband providers in North Carolina are not doing any of those things.

In fact, smaller providers start at a competitive disadvantage because they cannot enjoy the savings larger providers get from their extensive buying power — winning lower costs on everything from programming to equipment and services.

Community providers are not winning most of their customers from “underpricing” their service — they are earning them by delivering better service, which was precisely the point.

The original argument communities like Wilson and Salisbury had with state cable and phone companies was with the quality and level of service offered in their communities.  They solved the problem themselves with the development of fiber optic service that provides ultra-fast broadband connections that residents and small businesses simply could not get from other providers.

Some lawmakers believe community networks get in the way of cable jobs and phone company investment, and they want to “clear the playing field for business.”  But for many communities in the state, the playing field is empty and will remain so indefinitely.

Broadband: Utility or Convenience

For some lawmakers, the debate is both generational and philosophical.  Ruth Samuelson (R-Mecklenburg), told the AP she doesn’t believe providing broadband is a core part of government.

Among the older population who have not grown up with the Internet, broadband can be seen more as a luxury and less of a utility.  A few generations earlier, a similar debate erupted over telephone and electric service, which faced identical controversy in regions underserved by private utilities.

A reminder of these earlier challenges was part of the Winston-Salem Journal’s argument against H.129’s adoption:

“The broadband battle is not being waged in the heavily populated portions of the state such as the Triad. Here, the for-profit companies moved in a long time ago. They can make a very nice profit here because the population density is adequate to provide a good return on the infrastructure needed for high-speed Internet service.

“Over the past decade, however, North Carolina’s smaller municipalities, such as Wilson, Salisbury and Morganton, have built their own systems because their leaders recognized that broadband Internet is now an essential utility, just as electricity and natural gas are. The Internet-service providers did not step up to provide that essential service, so the municipalities did. In doing so, the cities followed a path they took nearly a century ago when the biggest electrical power companies did not provide service to these areas.”

North Carolina blogger-activist Mark Turner wrote in the News & Observer broadband has the capacity to transform North Carolina’s economic future in much the same way power and phone service did a century earlier:

While farm life has never been easy, at one time it was significantly harder. In the mid-1930s, over 97 percent of North Carolina farms had no electricity, many because private electric companies couldn’t make enough money from them to justify running the lines.

Aware of the transformational effect of electrification and recognizing the need to do something, visionary North Carolina leaders created rural electric cooperatives, beating passage of FDR’s Rural Electrification Act by one month. Through the state’s granting local communities the power to provide for their own needs where others would not, over 98 percent of farms had electricity by 1963, and our state has prospered.

The Internet is no less transformational than electricity. Through this world-changing technology, lives are being shared, distance learning taking place and innovative new businesses springing up. Sadly just as in the days before electrification, many North Carolina communities (particularly rural ones) are being left behind, stuck in the Internet slow lane.

The Journal argues Internet Service Providers essentially want to keep these communities in the slow lane, with a powerful cartel that doesn’t deliver service, and does not want cities to provide it either.  The cable and phone companies can’t have it both ways, the paper says. “They can’t delay bringing high-speed service to North Carolina communities but then turn around and lobby the legislature to deny local governments the authority to establish municipal service if their residents want it,” the paper editorializes.

“The private providers are trying to make a big-government argument here, one that includes clichés about unfairness and Big Brother. But that is not the case. In this situation, residents and businesses are tired of waiting for Internet-service providers to arrive, so they’ve exercised their democratic rights to seek an alternative solution through their local governments.

“Had the private companies tried to make their argument 15 years ago, they might have deserved some sympathy. But not in 2011. The Internet and high-speed access to it have now been available in North Carolina homes for well more than a decade.

“They ignored a market, and local governments stepped in to provide a critical service. The legislature should kill this bill.”

Mark Turner in the News & Observer argues nothing about H.129 is really an ideological right or left-wing debate.  He reminds readers the Internet itself was a government invention delivered through public rights-of-way established by local and state government, or over airwaves that are literally owned by the public.

“Like the electric lines that were once strung by hand to all corners of our state, our cities should retain the right to bring Internet service to their communities – especially where the private providers will not,” Turner wrote.

The Rural-Urban Disconnect: Choices in Raleigh, Sneaking Onto Wi-Fi in Spruce Pine

Spruce Pine, N.C., where one of the most popular hangouts in town is a parking lot where Wi-Fi signals deliver the only Internet service some residents can get.

The Journal points out North Carolina’s broadband debate is taking place in the state capital – Raleigh, a city much like the Triad region, served by both cable and phone companies.  Against that backdrop, legislators may assume ubiquitous urban and suburban broadband leaves local governments with few excuses for getting into the business in the first place — an argument the cable lobby is using to its advantage with some legislators.  But as soon as one ventures off Interstates 40, 77, or 95 — it does not take too long to find oneself in a broadband backwater.

“Here in Spruce Pine, broadband is a fabled, magical thing we read about, but don’t have — a big reason why my 17 year old son cannot wait to move out of here,” shares Stop the Cap! reader Morgan.  “Everything you see on television shows with people using the Internet for practically everything just does not happen here.”

Morgan shares one of the community’s broadband secrets: local hotels and other business establishments have parking lots filled with cars with people still in them sneaking online.

“They are hopping on board business and motel Wi-Fi connections to pay their bills, apply for jobs, or just complete homework assignments that require an Internet connection,” Morgan shares.  “Some businesses have locked down their Wi-Fi with passwords to stop the traffic, so there is an active underground trade of passwords of different wireless connections around the area.”

Morgan called the phone company wondering when DSL service might reach her house.

“Never, came the eventual reply — and the guy was laughing about it,” Morgan says.  “He told me if I want something better, I should probably move.”

“What burns me up is these state legislators on the other end of the state are spending their time and energy defending the companies in the broadband shortage business.  If they spent half as much time working for better broadband in western North Carolina, we would not be in this position today,” Morgan writes.  “I mean we’re at the point where people take Internet access for granted in this society and they treat places like Spruce Pine as an escape from that technology ‘to get away from it all,’ all while we live in that world perpetually.”

Morgan is hardly alone living a life without broadband.  In communities from Mars Hill to Marshall, large sections of the state simply go without.  Avila’s bill does nothing to help — it actually hurts.

The Public-Private Partnership: A Solution for North Carolina’s Unserved?

In some areas of the state, public-private partnerships (PPP’s) — also rejected in Avila’s bill — are making a difference getting broadband into rural North Carolina, reports Craig Settles, a broadband activist.

“Last year, North Carolina broadband advocates began formulating policy recommendations to make PPPs something of a standard in business models for communities that want better broadband,” Settles writes in a piece for Government Technology. “When legislation was introduced earlier this year that would effectively end further development of municipal networks in the state, this seemed like the right time to promote PPPs. Unfortunately the legislators pushing the bill effectively shut out these muni-network proponents from offering a compromise in separate negotiations.”

PPPs over some creative solutions to rural broadband challenges — especially in addressing return-on-investment concerns that keep private providers from building out networks to reach rural populations.  A community or non-profit collaborative finances and builds the infrastructure to supply the service with a much longer payback period.  While many commercial companies want a return within five years, co-ops have been comfortable paying off infrastructure projects over 10, 20, or even 25 years.  Then, the private company can hop on board the constructed network at a wholesale price that helps pay off construction costs, and allows the provider to market its services and run its own business.  The only requirement, and the one some private companies hate, is that the network is operated in the public interest and good, meaning -any- competitor can compete over the same facilities.

A successful public-private partnership in western New York could be a model to help rural North Carolina get broadband.

In the Finger Lakes Region of western New York, a hallmark PPP project has brought Ontario County a fiber network that can deliver faster broadband than anything available in nearby Rochester.  And it has the support of TW Telecom, Verizon, Frontier Communications and other companies who can use it as part of their business plans.

“This is a winning scenario,” said Ed Hemminger, CIO of Ontario County, N.Y., and CEO of Axcess Ontario, the county’s 180-mile fiber network project. “It’s the only way some communities may be able to get fiber broadband. They can finance the buildout with bond financing with a 25-year payback term. If a muni is going to partner in this manner, be extremely cautious and ensure that it’s a true open access model that not only benefits providers in the area, but also allows others to come in and compete.”

“The beauty of this scenario is that it enables private-sector companies to overcome one of their biggest hurdles to deploying networks in rural and low-income areas: the cost of laying fiber or building wireless infrastructure,” Settles writes. “Municipalities, if they’re able to swing the financing, can take up to 25 years to pay off the debt. Providers, on the other hand, have to make their money back in three to five years.”

Rebuilding America’s Economy: Investing in Infrastructure

Providing suitable broadband infrastructure is increasingly important in small cities that are afterthoughts for many cable and telephone company providers.  For Wilson, N.C.,  creating the infrastructure of a 21st century broadband network is part of an investment to attract future jobs for a city reinventing itself.

“The city council realized that it would be a very competitive world to attract and retain the best jobs in the future,” Grant Goings, Wilson city manager told The Sun News. “Well, you can’t talk about jobs without talking about the infrastructure that brings them and keeps them. Short and simple advanced broadband is critical infrastructure.”

The Sun News reports on the state’s broadband controversies from the epicenter — Wilson is the first city in the state to deliver a fiber optic-based broadband network that beats all the others on speed.

This year, Wilson signed on its first 100 megabits per second residential customers and is the first to have residents using the highest speeds available in North Carolina, said Brian Bowman, Wilson public affairs manager.

For Wilson and other communities building out better broadband networks, using fiber optics was a natural decision because of its capacity and future ease of upgrades. The cable industry has long argued broadband is a constantly-changing business and cities have a poor track record of keeping up, but Wilson’s GreenLight service has turned the tables on that argument, leaving Time Warner Cable — the state’s largest operator — well behind the municipal provider cable interests predicted would be a failure.

Wally Bowen, founder and executive director of the nonprofit Mountain Area Information Network (MAIN), which provides broadband services in and around Asheville, says this year’s anti-broadband bill, like the others, leaves cities vulnerable to political posturing and special interest legislation. He’s tried to outmaneuver legislators who work for the interests of Time Warner and CenturyLink by building non-profit or co-op ownership into the infrastructure, if only to protect networks from being forced to play defense year after year as private companies try to pick them off in the state legislature.

“Government-owned infrastructure creates political vulnerabilities given how incumbents are behaving,” Bowen said. “Our nonprofits are comprised of representatives from private-sector companies, private colleges, hospitals and so forth, in addition to local government. So there are limited legal grounds for attacking the nonprofit via laws passed in the legislature.” Some incumbent Internet service providers still will try these tactics anyway, but the makeup of these nonprofits can give them a stronger position from which to defend themselves.”

For many voters in the state, watching certain legislators toil on behalf of billion-dollar phone and cable companies while ignoring North Carolina’s broadband problems should bring consequences.

“My friends and I continue to watch these events with interest and will vote against those legislators who obviously would feel more comfortable working inside Time Warner Cable’s headquarters, because they are effectively on their payroll already,” Morgan says.

Powell

Former Federal Communications Commission Chairman Michael Powell has been hired as America’s top cable industry lobbyist — taking over as president of the National Cable & Telecommunications Association.

Powell’s tenure on the Commission started during the Clinton Administration after President Clinton signed the 1996 Communications Act into law, which brought sweeping deregulation and industry consolidation.  Powell’s appointment as one of two Republican commissioners came with an agenda for deregulation and competition.  Powell believed free markets were best equipped to manage telecommunications in the United States.

His regulatory record impressed President George Bush, who appointed him chairman of the FCC during his first term.  Powell’s service at the Commission was marked by good times for the telecommunications industry, which was rapidly consolidating even as it added new customers.  Broadband was a rapid growth industry and getting service to consumers was a priority.  Powell’s interest in broadband often walked over the interests of others regulated by the Commission.  Powell was a major proponent of the now-forgotten “broadband over power lines” concept, which alienated broadcasters and amateur radio operators because the technology used unshielded power lines which often reduced much of the AM and shortwave radio dial to a cacophony of digital noise where it was attempted.

Powell’s record was consistently pro-provider except in one area — he was a strong advocate of Net Neutrality, going as far as to fine Madison River Communications for blocking VoIP telephone service in 2005 – the first time the concept of Net Neutrality was enforced.

The NCTA is the cable industry's biggest lobbying group.

Later, he laid the foundation for a flawed mechanism to partially enforce Net Neutrality under an FCC policy that classified broadband as an “information service,” not a “telecommunications service.”  It was this policy that was the subject of a lawsuit by Comcast which objected to the policy framework as untenable and lacking in authority.  A DC Court of Appeals agreed and overturned the policy, setting the stage for the 2010 fight for Net Neutrality.

During the start of Bush’s second term, Powell left the FCC and quickly assumed membership on the Board of Directors at Cisco, an equipment manufacturer that also sells the theory of the “zettabyte era,” where a great wave of Internet usage could create Internet “brownouts.”  Cisco and other manufacturers have also closely aligned themselves with the large telecommunications companies who are among their best customers.

Powell today serves as “honorary co-chair” of the industry front group Broadband for America, perhaps America’s largest corporate astroturf telecom group supporting broadband policies favorable to the industry that pays for their operation, while purporting to represent consumer interests.

Kyle McSlarrow is the outgoing head of the cable lobby.

His assumption of leadership at the NCTA, replacing Kyle McSlarrow (who is headed to Comcast to run their DC lobbying operation) — a strong advocate of Internet Overcharging — is likely a natural fit for the cable industry agenda, with the exception of Powell’s “tarnished record” of supporting Net Neutrality.  But his anti-regulatory, pro-provider credentials go unquestioned by most in the industry.  The congratulatory well-wishes have come pouring in since the announcement earlier today:

Matt Polka, American Cable Association: “The American Cable Association congratulates former Federal Communications Commission chairman Michael Powell on his appointment as NCTA’s new president and CEO. Everyone in the independent cable community wishes Michael the very best in his new position, and we look forward to working with him on the issues that are important to both large and small cable operators.”

Brian Roberts, Comcast: “We are thrilled that Michael Powell has accepted the position as CEO of NCTA. As a former FCC Chairman and advisor to Providence Equity, Michael brings unprecedented government and business experience to his new position. Michael is respected by the leaders of both the Senate and House, Republicans and Democrats, as well as the Administration and the business community. The cable industry is fortunate to have him as the new leader of our trade association.”

Gordon Smith, Nat’l. Assn. of Broadcasters: “NAB salutes the NCTA for its outstanding choice of former FCC chairman Michael Powell as its new president and CEO. I got to know Michael well during my tenure on the Senate Commerce Committee, and always found him to be thoughtful, engaging and a tremendous public servant. Though NAB and NCTA do not always agree on every issue, we look forward to working with Michael in the months ahead on public policy issues where we might find mutual agreement.”

The revolving door never stops turning as regulators take jobs with the industries they used to regulate.

Among consumer groups, Media Access Project and Public Knowledge tried to start off on a good note.  Andrew Schwartzman from MAP has a long history disagreeing with Powell during his time at the FCC, but still calls him a friend and looks forward to sparring with him in the future.  Gigi Sohn from Public Knowledge said their group hopes he will “help the association realize the transition to a broadband economy will take many forms, as consumers wish to exercise choices of online services and service providers.”

Free Press was in no mood to ingratiate themselves with Powell.  Craig Aaron, Free Press Managing Director, issued a statement affirming this was indeed good news for the cable industry.

“If you wonder why common sense, public interest policies never see the light of day in Washington, look no further than the furiously spinning revolving door between industry and the FCC.

Former Chairman Michael Powell is the natural choice to lead the nation’s most powerful cable lobby, having looked out for the interests of companies like Comcast and Time Warner during his tenure at the Commission and having already served as a figurehead for the industry front group Broadband for America.

During his time as a public servant, Chairman Powell once dismissed the notion of a digital divide as no different from the Mercedes divide that afflicted him — after all, he said, not everyone who wants a Mercedes can have one.

Thanks in no small part to the policies he pursued at the FCC and to the cable lobby’s unyielding fight against any real competition in the broadband market, the digital divide is still with us. But today we can finally say, at least in Michael Powell’s case, that the Mercedes divide is closing.”

Community broadband networks deliver the best value and speed for North Carolina consumers and businesses

Word has reached Stop the Cap! that hundreds of e-mails and phone calls are pouring into Rep. Marilyn Avila’s (R-Time Warner Cable) office protesting her hard work on behalf of the state’s largest cable company.  We are being called “mean and nasty” by those supporting Avila’s anti-consumer bill, H.129.

Our answer to that: we are not “mean” or “nasty.”  We are fed up c0nsumers (and voters) who have serious concerns about certain state legislators who introduce bills custom-written by cable lobbyists to enact their business agenda into law.

These anti-community broadband bills have come year after year in North Carolina, despite the fact the state has an “also-ran” reputation as a broadband backwater, with tremendous room for improvement in broadband speed, price, availability, and choice of providers. The bills have also been nothing but trouble for those that have introduced them, alienating constituents and bringing them bad press:

Ty Harrell resigned his office in disgrace over financial irregularities, but he was already in hot water when he introduced his bill. We were stunned when his office staff literally handed the phone to a cable industry lobbyist sitting there to answer questions.  We held him accountable.

David Hoyle did not leave office at his finest moment either, openly admitting on television Time Warner Cable wrote the bill he introduced.

This year, it’s Ms. Avila, who repeatedly promised to hold existing community-owned networks harmless by exempting them from the draconian, project-killing legislation she has proposed.  But after closed door meetings, we learned those promises were hollow.  The words of her bill may have changed, but the results are exactly the same — she is micromanaging community networks into insolvency (while exempting the companies that wrote the bill she introduced).

The unanswered, critical question every legislator needs to ask is: How does H.129 improve North Carolina’s dismal broadband ranking and deliver improved service?

The former Rep. Harrell

The answer is, it does nothing.  Not only does it ignore the chasm of low quality service prevalent west of Charlotte and north of Winston-Salem, it specifically erects roadblocks to keep any community from trying to resolve a situation they’ve dealt with for years and years.  Ask any rural community’s leader if they’ve heard from constituents upset by the unavailability or quality of broadband in their area and you will get an earful.  The truth is, had the cable and telephone companies in the state had a real interest in providing 21st century service to these communities, they would have already done it.  With H.129, they can rest easy knowing nobody else will try.

This is not an auspicious position for Ms. Avila to take.  She ran for office upset with backroom deals, insider political maneuvering, and closed government.  Reviewing her campaign platform, the one thing she emphasized time and again was her promise to bring “open government” to the people in her district, just north of the state capital.

Where is the open government on H.129?  Nowhere to be found.

Stop the Cap! would have loved to include the complete video record of the first meeting to modify her bill to protect incumbent providers.  Only there is no video record.  The meeting was held behind closed doors, and it took a source to reveal details about how the cable and phone companies ran it as their own.  It’s the epitome of the kind of back-room deals Ms. Avila railed against in her campaign.

Considering the results, we can understand why the meeting was secret.  The cable lobby understands full well the power of sunshine’s disinfecting power.  Shining a bright light on the cozy connection between legislators and the companies whose interests they brazenly represent tells a story they do not want the voting public to hear.

Unfortunately, it gets worse.  We’ve learned Ms. Avila plans to bring H.129 to a vote in the Finance Committee as early as this Thursday, with no public discussion allowed.  Voters can be spectators of their own broadband demise, but they will not be allowed to say a word about it.  Meanwhile, certain members of the legislature have had plenty of time to meet repeatedly with cable and phone company lobbyists.

As we’ve seen time and time again, that lobbying campaign of disinformation tries to muddy the implications of bills such as these.

You cannot hear if you are not open to listening.

Legislators who may not understand what H.129 is really all about need to hear from the public and communities to understand precisely what they are voting for and what impact this legislation will have.  The ripple effects go far beyond just keeping Time Warner and CenturyLink free from pesky competition.

Neither company is truly harmed by community broadband networks.  In fact, both of them have thumbed their noses and shrugged their shoulders even in the presence of much larger competitive threats in their urban markets — Time Warner for the phone company and AT&T’s U-verse, which is available in limited areas.

The best thing Ms. Avila could do is withdraw her legislation because it simply is not in the best interests of North Carolina.  Barring that, she should do what she promised and specifically exempt ALL existing community networks in the state from the provisions of her bill.  At this point, that delivers a win to bondholders who will see their investment pay off, communities can continue to provide service to interested customers, and everyone else will continue to enjoy the benefits of lower rates these networks bring every telecommunications customer.

That’s common sense to everyone except the cable and phone companies that will stop at nothing to bury community-owned providers.

Where does your legislator stand?  If you have not made your feelings known to the members of the Finance Committee, time is running out.  Call and e-mail them and let them know you expect them to vote NO on H.129 when it reaches their committee this week.  We’re going to do our best to watch what may turn out to be another “voice vote” that prevents voters from knowing how individual members voted.  This time, we’ll be paying close attention to the lips and movements of individual committee members and take our own vote so we know who to thank and who needs to held accountable.

Finance Committee Members

(click each name for contact information)

North Carolina Legislature

Stop the Cap! has obtained the audio from Wednesday’s Public Utilities Committee meeting that quickly pushed through H129, Time Warner’s custom-written, anti-competition and community broadband destruction bill.

Listening to the 44 minute hearing will be disturbing to anyone who supports open government and the concept of voting for or against a complete bill, not one Rep. Marilyn Avila (R-Time Warner Cable) openly admits is going to be changed.  For her, that represents no reason to delay the bill — her good friends at Time Warner need this legislation passed today, not tomorrow or next week.

As you listen, we’ve included a voter’s guide with time-indexed comments to help draw your attention to some critical points, and some much-needed fact checking.  It will also help you identify the members of the legislature that need to stay, and those that need to go.

Our apologies for the distorted audio at times.  When a member leans into the microphone, as some clearly do, it creates significant audio distortion.  It gets worse in the last 10 minutes, so watch your volume.

North Carolina’s House Public Utilities Committee Meeting on H129 – Wednesday, March 2, 2011. (44 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Your Audio Guide to The Committee Meeting

The shocking conclusion of this legislative travesty is the chairman adjourning before a recorded vote can be taken.  Without it, constituents can’t identify how their member voted and hold them accountable at the next election.

[Update 3:05pm Monday — Stop the Cap! misidentified Rep. Warren as Rep. Rowan at the 40:00 mark.  We have corrected the audio log above and regret the error.]

Time Warner Cable’s custom-written bill banning community-owned broadband networks in North Carolina this afternoon received a favorable vote in the Public Utilities Committee — the first to consider the bill.

Rep. Marilyn Avila (R-Time Warner Cable) decided that openly distorting the record of success community broadband has had would be a good way to proceed.  In comments before a jam-packed room this afternoon, Avila claimed fiber optic broadband systems have a long history of “failures,” which is ironic considering her promise to exempt these so-called failures from her bill’s anti-competitive regulatory regime.

Honestly, it was the first time we can recall a sitting legislator openly trashing her own state’s advanced broadband network successes.  (You can’t fault her for going all out for her friends at Time Warner Cable, but you can hold her accountable at the next election.)

Avila would never and could never admit the truth after wading this far in: these state of the art fiber networks are successful enough to have waiting lists from time to time just to get service installed.  Even those who don’t subscribe are benefiting. Just look at GreenLight, operated by the community of Wilson.  While GreenLight subscribers benefit from broadband far superior to what the cable company offers, those staying with Time Warner have seen an end to relentless annual rate increases.  Apparently Ms. Avila wants you to pay higher cable bills now and forever.

Republicans and Democrats from rural districts harshly criticized the proposed legislation for bringing no answers to the perennial problem of inadequate broadband in rural North Carolina communities, as well as the fact this bill contains customized exemptions to protect Time Warner and other Big Telecom companies from regulatory requirements dumped on community networks like a ton of bricks.

That’s favorable treatment for the cable company Ms. Avila seeks to protect at all costs.

Avila

Despite the important arguments raised by those objecting to the bill, the Committee Chair gaveled the debate to a sudden close, held a perfunctory voice vote and adjourned the session without a recorded vote.  That leaves citizens of the state with no idea how individual members voted.  Apparently they do not want to hear from unhappy constituents.

The Time Warner Cable Legislative Railroad next stops at the Finance Committee.

Although Rep. Julia Howard (R-Davie, Iredell), senior chair of that committee and Avila promise changes in the bill to protect existing community broadband operations, we are more than a little skeptical.

Last week, Avila called a meeting of city officials and several Big Telecom companies, including Time Warner and CenturyLink, partly to discuss exemption issues.  To give readers an idea of just how far Avila is in Time Warner’s corner, minutes into the meeting, she turned it over to the lobbyist from Time Warner Cable for the duration.

That’s a public-private partnership any voter in North Carolina should take a dim view about.  If Ms. Avila finds her work in the legislature too difficult to handle, perhaps she can find another line of work.  The only good thing about turning over your legislative responsibilities to the cable company is it cuts out the middleman.

Howard

The fact is, Time Warner has no interest in protecting -your- interests in North Carolina, much less those of the cutting edge fiber networks now up and running in the state.  They want them gone… or better yet, available for their acquisition at fire sale prices.  Yes, they even made sure of that in their bill, which guarantees a city can sell a fiber network hounded out of business to a Big Telecom company without a vote.

Exempting existing networks has turned out to be a highly subjective notion for Ms. Avila anyway.  She originally claimed to exempt them in her bill when it was introduced, but then subjected them to crushing regulation the cable companies do not face.  Any community contemplating starting a new network for their citizens can forget it either way.  Time Warner will not hear of it.

Although a growing number of Republicans and Democrats see Avila’s bill as a classic example of corporate overreach, without your voice demanding this bill be dropped, there still may be enough members of the state legislature willing to do the cable industry’s bidding.  If you make it clear that may cost them your support in the next election, they can be persuaded to do the right thing and vote NO.

But time is running out.  Your job is to begin melting down the phone lines of the Finance Committee members starting this afternoon.  Call and e-mail them and make it absolutely clear you expect them to vote NO on H129 and that you are closely watching this issue.  Ask each legislator for a commitment on how they plan to vote.

Finance Committee Members