Cohen

Comcast’s chief lobbyist stalled plans to unveil cheaper Internet service for the financially disadvantaged to use as bait to win regulator approval of its 2009 merger with NBC-Universal.

The Washington Post today reports David Cohen’s influence at the cable operator as its chief of lobbying has helped the cable company achieve its status as America’s largest cable operator and entertainment conglomerate.

Cohen has friends in high places thanks to his status as a Democratic Party money bundler. A self-styled “consigliere” to the Roberts family that controls the company, Cohen has overseen a transformation of Comcast from one cable operator among many into a high-powered force not to reckoned with in Washington or Silicon Valley.

Comcast’s growth into a mega-corporation with $58 billion in annual revenues came, in part, from dealmaking that won regulator approval in D.C. Maintaining good relations with those regulators is a Cohen specialty. It did not take the Post too long to find former FCC officials giving Cohen high praise:

• “Every meeting with David is incredibly substantive,” Eddie Lazarus, former chief of staff to the FCC told the newspaper. “He always comes with a willingness to find solutions.”
• “David loves politics, he loves government and he has incredible situational awareness — a 360-degree view of business,” said Blair Levin, a former senior adviser to FCC Chairman Julius Genachowski. “He’s just so good at what he does.”

Under Cohen’s leadership, Comcast has spent lavishly on its corporate lobbying and legal team. Today, 20 full time lobbyists work under Cohen’s direction, with dozens of others available on retainer. The company spent $8.3 million of its subscribers’ money solely on lobbying. The Post reports that makes Comcast the ninth biggest K Street spender, above Verizon.

The poor and disadvantaged had to wait for Comcast to seal the deal on their $30 billion acquisition of NBC-Universal before affordable Internet could become reality for them.

In 2009, Comcast insiders were hard at work on a discount program for the disadvantaged who could not afford Comcast’s regular prices for broadband service. But the program was stalled at the direction of Cohen, who wanted it to be a chip with regulators to win approval of its acquisition of NBC-Universal. The program, sure to be popular among advocates of the digitally disadvantaged, was a key part of approving the $30 billion deal.

“I held back because I knew it may be the type of voluntary commitment that would be attractive to the chairman [of the FCC],” Cohen said in a recent interview.

Regulators promoted Comcast’s “concession” to offer the discounted Internet service as a win for consumers as part of the final approval of the deal. In reality, Comcast was planning to offer the service anyway and finally introduced it in 2011 — two years after first being proposed inside the company.

That fact is a slight embarrassment to current FCC chairman Julius Genachowski, who has told audiences the discounted Internet program was partly to his credit.

“This particular program came from our reviewing of the Comcast NBC-U transaction,” Genachowski said in a speech. “Comcast embraced it as good for the country, as well as good for business. And I’m fine with that.”

Cohen defends Comcast’s lobbying expense as part of the company’s effort to combat scrutiny and challenges to its all-or-nothing video business model, denying customers access to a-la-carte programming.

Comcast’s scope has now grown so large, it has become a force few companies are willing to challenge, and those that try are quick to run into a blockade of Comcast lawyers, lobbyists, and carefully constructed contracts that protect the company’s bottom line from would-be competitors.

Deep pockets like Verizon, Apple, Netflix and Google have all tried… and failed to recast the cable television experience with on-demand programming, a-la-carte channels, and cord-cutting technology.

In response, Comcast has kept competitors tied down to the same cable packages that require subscribers to pay for everything, even if they seek only a few channels. Comcast leverages its broadband network with usage limits that effectively curtail cord-cutting among consumers looking to skip the TV package. Anyone seeking a place in today’s entertainment industry ends up dealing with Comcast sooner or later.

“They are hugely important because they can singlehandedly sink or swim multiple businesses that rely on the Internet ecosystem by virtue of controlling the dissemination of information through their pipes and now by supplying so much of the content,” said Joel Kelsey, a policy director at consumer interest group Free Press. “So many companies have come to us and ask we fight their battles for them because they are afraid of retribution.”

Cohen is well-compensated for his effectiveness. His latest three-year contract makes him one of the highest paid corporate lobbyists in Washington, with a $15 million annual compensation package and $3 million in bonuses, not including his ample stock holdings in Comcast.

His influence extends to the highest levels of the Obama Administration. Last summer, the family hosted a $1.2 million campaign fundraiser for President Obama, and the Cohens have separately contributed $877,000 to various campaigns. Comcast itself has spent $3.3 million in campaign contributions so far this year.

Verizon has a moratorium on further expansion of its fiber to the home service except in areas where it has existing agreements to deliver service.

Virtually every mayor in the urban centers of upstate New York is accusing Verizon Communications of redlining poor and minority communities when deciding where to provide its fiber-to-the-home service FiOS.

Now they are telling the Federal Communications Commission and Department of Justice to become more closely involved in reviewing a proposed anti-competitive marketing partnership between the phone company and some of the nation’s largest cable operators.

The mayors are upset that Verizon has chosen to target its limited FiOS network primarily on affluent suburbs surrounding upstate New York city centers.

“Verizon has not built its all-fiber FiOS network in any of our densely-populated cities. Not in Albany, Buffalo, Syracuse, Binghamton, Kingston, Elmira or Troy,” the mayors say. “Yet, Verizon has expanded its FiOS network to the suburbs ringing Buffalo, Albany, Troy, and Syracuse, as well as many places in the Hudson Valley, and most of downstate New York. As a result, the residents and businesses in our cities are disadvantaged relative to their more affluent suburban neighbors who have access to Verizon’s FiOS, providing competitive choice in high-speed broadband and video services.”

The mayors fear the reduced competition that will come from the marketing partnership between the phone and cable industry will eliminate any pressure on Verizon to expand its fiber optic network into more New York cities. The agreement allows Verizon Wireless customers to received significant bundled discounts when they sign up for cell phone service and a cable package from Comcast, Time Warner Cable, Cox, or Bright House Networks. No corresponding discount is available to a Verizon Wireless customer choosing to bundle Verizon FiOS, putting the fiber service at a competitive disadvantage.

“These commercial agreements appear to eliminate any incentive that Verizon might have had to expand its all-fiber network to our high-density urban centers,” the mayors say. “After all, Verizon Wireless, a subsidiary of Verizon Communications, will now be able to sell Time Warner’s video and broadband service as part of their bundled package in our communities.”

That leaves most with Verizon’s DSL service, a product Verizon has been marketing less and less to its customers. The company recently announced it would no longer sell standalone DSL broadband, another point of contention for the mayors.

The mayors are concerned that Verizon’s deteriorating landline network will have profound implications for city centers, where tele-medicine, education, business, and entertainment services will all be left lacking if the fiber network is not extended.

“As you are well aware, high-speed broadband is critical to economic development and job creation, as well as improvements in health care, education, public safety, and civic discourse which is so essential to communal life,” say the mayors. “The economic health of our cities and our upstate region depends upon access to the same first-rate communications infrastructure available to the New York City metropolitan region and the suburban communities that ring our cities.”

The nine mayors are also questioning whether Verizon executives misled them when they claimed Verizon’s strong financial performance would allow the company to reinvest profits into further expansion of its FiOS network. Verizon executives have since admitted the company is indefinitely finished with FiOS expansion, except in areas where it already committed to build the fiber network.

Signing the letter were:

• Byron W. Brown – Mayor, City of Buffalo
• Stephanie A. Miner – Mayor, City of Syracuse
• Gerald D. Jennings – Mayor, City of Albany
• Matthew T. Ryan – Mayor, City of Binghamton
• Shayne R. Gallo – Mayor, City of Kingston
• Susan Skidmore – Mayor, City of Elmira
• Brian Tobin – Mayor, City of Cortland
• Robert Palmieri – Mayor, City of Utica
• Lou Rosamilla – Mayor, City of Troy

(The city of Rochester is served by Frontier Communications, which has no plans to deliver a fiber to the home network within its local service area.)

Nearly one year ago, Google selected Kansas City, Kansas as the first city to “Think Big With a Gig,” a gigabit fiber to the home broadband network that would shatter misconceptions that Americans don’t need lightning-fast broadband speeds.

In the original announcement, early 2012 was slated to be the target date for the service to become available in at least some areas of the city.  After months of wrangling with utility companies and the city government, Google began burying the first fiber lines earlier this month.  This week, it filed for permission with both Kansas and Missouri officials to compliment its forthcoming broadband service with a complete cable-TV package as well.

Google’s fiber project now has incumbent operators on both sides of the Missouri and Kansas Rivers concerned about forthcoming competition from the search engine giant, especially after Google announced it would wire both the Kansas and Missouri sides of the city.

Greater Kansas City is primarily served by Time Warner Cable and AT&T, but smaller cable operators also offer service in some areas.  Google is considering a competitive cable package with video on demand.  It is expected to wrap up licensing negotiations with programmers within a month or two, and some of its contracts allow Google to sell cable service outside of the Kansas City area, a potentially interesting development should Google want to provide an Internet-based cable system to subscribers in other cities.

We have collected several media reports on the Google project in Kansas City to bring readers up to date:

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WDAF Kansas City Gigabit Challenge Offers Google-Friendly Ideas 12-6-11.flv[/flv]

WDAF in Kansas City reports on some of the submissions to Google’s Gigabit Challenge — a competition to consider how to leverage 1,000Mbps broadband. (12/6/11 — 2 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WDAF Kansas City Why is Google Fiber Set Up Taking so Long 1-18-12.flv[/flv]

WDAF reports on what is holding up the Google Fiber project.  It turns out local utilities have been harder to deal with than originally thought.  (1/18/12 — 3 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KMBC Kansas City Google Begins Fiber Installation In KCK 2-6-12.flv[/flv]

KMBC reports Google is ready to break ground on its new fiber network.  (2/6/12 — 2 minutes)

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KCTV Kansas City Google Starts Laying Fiber 2-18-12.mp4[/flv]

KCTV says Google started laying fiber this week.  The new service is on the way.  (2 minutes)

Courtesy: WCVB Boston

Correction: In an effort to concatenate two stories regarding Springfield, we erred in reporting about Springfield’s move to sell its municipal cable operation to Knology.  That story referred to Springfield, Fla., not Springfield, Mass.  We appreciate one of our readers bringing this to our attention, and we regret the error. –PMD

Comcast customers in Massachusetts are hopping mad over the latest round of rate increases from the state’s largest cable operator — the second in 10 months in some areas.  Higher cable bills for customers will start arriving by early spring.

City officials in Boston expect eastern Massachusetts customers will face up to 2.9% more for basic service this spring.  In western Massachusetts, Springfield city officials finally resolved a prolonged legal battle with the cable operator and granted the company a 10-year franchise renewal that preserves senior discounts for existing customers.

Boston mayor Thomas M. Menino said an examination of Comcast’s cable rates over the past few years proves deregulation “has failed” consumers across greater Boston.  Menino says basic cable rates have increased by 80 percent in the three years since the city’s rate control agreement expired.

Menino wants restored authority to regulate cable rates, and has asked the FCC for permission to bring back the city’s oversight powers.

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/WCVB Boston Cable Rates Going Up For Some Customers 1-17-12.mp4[/flv]

WCVB in Boston talks with city mayor Tom Menino about the latest round of rate increases for Comcast customers.  Some Boston locals are responding by dumping cable television altogether.  (2 minutes)

Comcast basic service will rise another 4.9 percent this spring, bringing the mostly local-broadcast-channel cable service to $16.58 a month.

The only other major cable provider in Boston, RCN, which serves mostly apartment buildings and other multi-dwelling units, is not planning to increase its prices on the lowest price tier. However, RCN already charges more than Comcast — $17.50 — for comparable service.  Other RCN customers face general rate increases this spring.

Verizon says it has no plans to increase prices in Boston either.  That statement was deemed ironic by some, considering the fact the phone company has never provided FiOS fiber-to-the-home cable service inside the city of Boston.

All affected providers blame increasing programming costs for the rate hikes.

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/WGGB Springfield Cable Rates Going Up 1-18-12.mp4[/flv]

WGGB in Springfield led a recent evening newscast with news Comcast and competing satellite providers are increasing rates in western Massachusetts, with local residents increasingly questioning the value of their cable-TV services.  (2 minutes)

Liu

While Buffalo residents fume about missing the latest matchup between the Buffalo Sabres and Edmonton Oilers, the city of New York is pressuring Time Warner Cable to start compensating their subscribers for the loss of one of the most expensive channels on the basic cable dial.

New York City Comptroller John Liu has asked the Department of Information Technology and Telecommunications, which oversees cable franchise agreements for the city, to make certain Time Warner compensates customers for the loss of MSG and MSG Plus, both removed over a contract renewal dispute.

“Consumers deserve to be compensated for what they have gone through as a result of this dispute, plain and simple,” Mike Loughran, a spokesman for Liu, told Bloomberg News in an e-mail. Loughran said the comptroller’s office would discuss compensation plans with the Department of Information Technology and Telecommunications.

Time Warner says it has already effectively compensated impacted customers, primarily in New York State, with a free month of the company’s added-cost sports programming tier.  Time Warner has also replaced the two MSG networks with NBA TV and NHL Network, which are now likely to remain part of the basic package even if Time Warner reaches an agreement with MSG.  (Sorry football fans, NFL Network is still too costly to be deemed a suitable replacement network.)

Time Warner says there is no way they would pay MSG’s asking price for a renewed carriage contract, which the cable company says represented a 53% rate increase.

As Stop the Cap! reported earlier, the dispute is renewing rumblings about how pay television providers handle expensive sports programming.  An increasing number of cable executives are considering breaking sports networks out of the basic cable package and forcing interested sports fans to pay extra to receive them.  But sports remains a lightning rod issue for many pay TV companies, both among subscribers and politicians.  Disrupt a major sporting event at your peril — something Cablevision learned from an earlier dispute with Fox.

In Buffalo, some customers are dropping Time Warner Cable for Verizon FiOS, at least where that fiber to the home service is available.  Residents served by Frontier Communications or Verizon’s DSL have fewer choices — one of two satellite TV companies.

Verizon already carries a standard definition feed of MSG Networks.  AT&T announced this week it was adding MSG in HD to its U-verse lineup in Connecticut.  MSG has spent this week rubbing salt in Time Warner’s wounds, throwing MSG viewing parties in both Buffalo and New York City.  Now that the city of New York is pressuring Time Warner to cough up refunds as much as $4 or more a month for the loss of MSG, the dispute could prove increasingly expensive.  Some customers tell Stop the Cap! they are already receiving informal compensation for the loss of MSG after contacting the cable company by phone or e-mail to complain.

“I wrote Time Warner on their web contact form and a representative gave me a $5 courtesy credit for the loss of the channels after I explained I was shopping around for another provider,” writes Neil Thomowski who lives in Cheektowaga, near Buffalo.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WNLO Buffalo Sabres fans dismayed by cable dispute 1-3-12.mp4[/flv]

Buffalo Sabres fans who have Time Warner Cable were left in the dark Tuesday night and couldn’t watch the match-up between the Sabres and the Edmonton Oilers.  WNLO in Buffalo has the story.  (2 minutes)