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Rogers Relents: Company Starts to Give on Controversial Backyard Cell Towers in PQ

This monopole cell tower antenna just showed up one day in the backyard of this Kirkland, PQ resident.

Kirkland, Que. residents are encouraged by news Rogers Communications has begun to relent on installing nearly-15 meter-high monopole cell towers in residential neighborhoods after the company agreed to relocate a similar antenna in Dorval.

Neighbors in both communities are upset Rogers has located new antennas that tower over homes and trees in residential areas, often in the backyards of residents who permit their presence in return for a monthly check.

The Dorval tower was particularly obtrusive to residents, installed in a city right-of-way adjacent to Morris Avenue. Residents there complained about possible health effects of the nearby tower, and called it an eyesore.

Rogers has now agreed to relocate the antenna to the nearby Sarto Desnoyers Community Centre at company expense.

When the new towers suddenly appear, nearby neighbors feel sandbagged. One Kirkland resident told The Gazette the towers are monstrosities. But Rogers is within the law if it keeps the towers below the 15 meter mark, and the company does not require advance zoning or government approval.

Rogers defends the towers, claiming the unprecedented demand for cellular service requires the company to get creative in finding new places to fill in coverage gaps. Unfortunately, with a shrinking number of suitable commercial or industrial locations, the company has been forced to consider residential installations.

Stop the Cap! has been following the Kirkland tower saga for several weeks. The Gazette reports no immediate progress has been made to get Rogers to relocate that specific antenna, but the company’s responsiveness in Dorval gives local officials and residents optimism an agreement can be reached in Kirkland as well.

 

PBS Documentary: Subcontracting Cell Tower Work Has a Human Toll

Phillip Dampier May 24, 2012 AT&T, Consumer News, Public Policy & Gov't, Sprint, T-Mobile, Verizon, Video, Wireless Broadband Comments Off on PBS Documentary: Subcontracting Cell Tower Work Has a Human Toll

Data provided by OSHA statistics

A new joint investigation by Frontline and ProPublica reveals serious lapses in safety for America’s cell tower workers, a career now considered one of the most hazardous and life-threatening in America.

In the last eight years, 50 climbers have died, with many more injured installing and servicing cell sites for AT&T, Verizon Wireless, Sprint, and T-Mobile. The investigation finds many of these deaths and injuries were preventable, but as America’s profitable cell phone companies outsource jobs to cut-rate subcontractors (and the sub-contractors they often use themselves), safety measures take a back seat to low-ball bidding and profits.

Efforts to hold companies accountable are stymied by the byzantine layers of third party companies hired to do the work, an under-equipped federal safety agency, and difficulty assessing where the responsibility lies when things go wrong.

From ProPublica and Frontline:

From their perch atop the contracting chain, carriers typically set many of the crucial parameters for work on cell sites, including deadlines, pay rates and even technical specifications, down to the exact degree an antenna should be angled. An analysis of cell tower deaths by ProPublica and PBS “Frontline” showed that tight timetables and financial pressure often led workers to take fatal shortcuts or to work under unsafe conditions.

“We’ve had a number of situations where we think that accidents were caused by companies trying to meet deadlines and … cutting corners on safety in order to meet those deadlines,” said Jordan Barab, OSHA’s deputy administrator.

But Barab said it’s difficult for the agency to hold cell companies responsible for safety violations involving subcontractors. In most cases, federal officials have interpreted OSHA regulations to mean that carriers can be held accountable only if they exercised direct control over subcontractors’ work or were aware of specific unsafe conditions.

OSHA has not sanctioned cell carriers for safety violations implicated in any subcontractor deaths on cell sites since 2003, a review of agency records by ProPublica and PBS “Frontline” found.

OSHA has made little effort to systematically connect the deaths of tower workers to specific carriers and had not known until ProPublica and PBS “Frontline” told them that there have been 15 fatalities on AT&T jobs since 2003 – more than at the other three major carriers combined over the same period.

The agency attempted to fine a carrier just once and failed, losing a nearly three-year legal battle with a regional cell company in Kentucky. The agency has never taken on the four major carriers – Verizon, T-Mobile, AT&T and Sprint – even though there have been almost two dozen fatalities on jobs done for their networks.

Most of OSHA’s enforcement efforts have focused on a transient cast of small subcontractors, though they, too, typically have eluded significant penalties. Over the last nine years, the median fine levied for safety violations linked to a fatal tower accident was $3,750, an analysis by ProPublica and PBS “Frontline” showed.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/PBS Frontline Cell Tower Deaths 5-23-12.flv[/flv]

Watch this segment from PBS Frontline exploring ‘Cell Tower Deaths,’ and what can be done to stop them.  (30 minutes)

Rogers’ 49 Foot Cell Tower in Quebec Backyard Still Standing, But Non-Operational

Phillip Dampier May 15, 2012 Canada, Consumer News, Public Policy & Gov't, Rogers, Wireless Broadband Comments Off on Rogers’ 49 Foot Cell Tower in Quebec Backyard Still Standing, But Non-Operational

This monopole cell tower antenna just showed up one day in the backyard of this Kirkland, PQ resident.

Rogers Communications installed a 49-foot monopole cellular antenna in the backyard of a Kirkland, Que. resident earlier this year, but the only signals being transmitted are discussions over its fate at town hall.

Residents were furious when a neighbor leased out a portion of a residential backyard to Rogers, who claims the small cube antenna mounted on the pole will improve cell reception in the immediate area. Ever since Stop the Cap! first covered this story earlier this year, local officials have been flummoxed about what they can do about the antenna, which is currently non-operational.

“For now (there is) no resolution, but talks are progressing,” Kirkland’s director general Joe Sanalitro told The West Island Gazette. “We are demanding it come down.”

Rogers and Kirkland officials have been meeting about the antenna, which has generated considerable interest and complaints over whether the company used a zoning loophole to sneak the antenna into the neighborhood.

If allowed to stand, residents fear Rogers and other cell companies could offer cash incentives to other homeowners to erect similar towers, increasing visual pollution.

Industry Canada rules state towers less than 15 meters are excluded from municipal notification rules and do not require permits to install.  Rogers was evidently aware of this rule — its Kirkland antenna tops out at 14.5 meters, just shy of the height limit.

Cell Tower Sneakiness: Rogers Quietly Erects 50-Foot-High Cell Towers in Yards; Too Short to Regulate

This nearly 15 meter monopole cell tower antenna just showed up one day in the backyard of this Kirkland, PQ resident, who is presumably being compensated up to $200 a month as Rogers' newest cell tower landlord.

Rogers Communications has found a solution to difficult zoning laws and cell tower controversy — find a homeowner willing to accept around $200 a month to host a (relatively) short cell tower antenna in their backyard, skirting the usual dragged-out cell tower siting consultations most local communities have enacted to control visual pollution.

A wealthy neighborhood in the community of Kirkland, a city of 20,000 near Montreal, discovered Rogers’ ingenuity for themselves when a just-under-50-foot monopole antenna suddenly appeared in the backyard of a home on Acres Street.

The neighbors are outraged. But Rogers says everything they did erecting the tower with no prior notice was done by the book.

That book, in the form of Industry Canada regulations, says Rogers doesn’t need to endure lengthy zoning hearings or a town-wide consultation process.  Rogers agrees, stating they can erect antennas of less than 15 meters at their pleasure — no consultation required.

Rogers spokesperson Stephanie Jerrold said Industry Canada regulations are clear: “The protocol says that if it’s a tower that measures under 15 meters, no public consultation is needed,” she said.

That may be true, but the loophole did nothing to appease dozens of nearby residents living in homes valued at $400,000 from raising a ruckus with local officials.  A petition has been submitted to city hall demanding Rogers remove the antenna.  Residents expressed concerns about their health and property values with a cell tower in their midst.

Rogers foreshadowed their intent last fall when they mailed letters to homeowners looking for someone to host the new antenna, offering around $200 a month to any takers. Evidently there was one — the resident at 75 Acres St.

City officials are pondering what to do about the new tower. They did not approve a work permit for its placement, which may provide leverage against Rogers, but no one knows for sure.

Thus far, Industry Canada wants to remain more than 15 meters away from the debate.  A spokesman for the agency, Antoine Quellon, told the West Island Gazette:

“The company must consult with the local community as required and address relevant concerns. It must also satisfy Industry Canada’s general and technical requirements, including Health Canada’s Safety Code 6, aeronautical safety, interference protection and environmental requirements. Under rare circumstances where an agreeable solution for a site is not possible, Industry Canada may need to make a determination based on the facts presented.”

[flv width=”400″ height=”380″]http://www.phillipdampier.com/video/CBC Montreal Backyard cell tower in Kirkland worries neighbours 4-11-12.flv[/flv]

CBC in Montreal covered the Kirkland controversy and talked with the neighbors about the new 50 foot pole owned by Rogers Communications.  (2 minutes)

CNN Turns Over Tech Reporting to Wireless Lobby for ‘Sky is Falling’ Scare Stories

Phillip Dampier February 27, 2012 AT&T, Broadband "Shortage", Competition, Data Caps, Editorial & Site News, Public Policy & Gov't, T-Mobile, Video, Wireless Broadband Comments Off on CNN Turns Over Tech Reporting to Wireless Lobby for ‘Sky is Falling’ Scare Stories

CNN's Scare Stories on Wireless

As part of our ongoing coverage of the telecommunications industry, I talk with a variety of reporters in both Canada and the United States.  We have educated local newspapers, national wire services, local TV news, and even big national consumer magazines about the problems consumers have with the North American telecommunications industry.  Whether you are a wireless customer facing eroding usage caps and increasing prices, or a wired broadband customer now being slapped with Internet Overcharging schemes that monetize your usage, the truth about why your bill has gone up isn’t too hard to find, if you bother to look.

Unfortunately, CNN-Money just published a “week-long” series on the wireless mobile phone market that might as well have been written by the CTIA, the nation’s cell phone lobby.

The Spectrum Crunch” was supposed to be a sober and objective report about the state of congestion on America’s cell phone networks. Instead, the reporter decided industry press releases and lobbyist talking points were good enough to form the premise that America is deep in a cell phone crisis.

Sorry America, Your Airwaves Are Full

Part one of CNN’s special report is a laundry list of disaster predictions, explaining away rate increases and usage caps, and an industry-skewed view that the answer to the “crisis” is to give wireless carriers all the frequencies they want.

The spectrum crunch is not an inherently American problem, but its effects are magnified here, since the United States has an enormous population of connected users. This country serves more than twice as many customers per megahertz of spectrum as the next nearest spectrum-constrained nations, Japan and Mexico.

When spectrum runs short, service degrades sharply: calls get dropped and data speeds slow down.

That’s a nightmare scenario for the wireless carriers. To stave it off, they’re turning over rocks and searching the couch cushions for excess spectrum.

They have tried to limit customers’ data usage by putting caps in place, throttling speeds and raising prices. Carriers such as Verizon, AT&T, Sprint, T-Mobile, MetroPCS and Leap have been spending billions to make more efficient use of the spectrum they do hold and billions more to get their hands on new spectrum. And they have tried to merge with one another to consolidate resources.

The FCC has also been working to free up more spectrum for wireless operators. Congress reached a tentative deal last week, approving voluntary auctions that would let TV broadcasters’ spectrum licenses be repurposed for wireless broadband use.

[…] The bad news is that none of the fixes are quick, and all are expensive. For the situation to improve, carriers — and, therefore, their customers — will have to pay more.

The United States also covers more ground, with lots of wide open spaces where frequencies can be used and re-used without interference problems.  As AT&T keeps illustrating, how you run your business has a lot to do with the quality of your service, spectrum crisis or not.  AT&T customers in heavily-populated urban markets cope with dropped calls and slow data not because the company has run out of frequencies, but because AT&T has failed to appropriately invest in its own network.  AT&T’s problems are generally not shared by customers of other carriers.  Even T-Mobile, which has the least spectrum of all major carriers, does not share AT&T’s capacity issues.

CNN reporter David Goldman suggests mergers and consolidation have been a solution for ‘wireless shortages’ of the past.  But are mergers about consolidating resources or leveraging profits?

The spectrum war’s winners and losers

AT&T’s failed $39 billion bid for T-Mobile was largely aimed at getting its rival’s spectrum. The Department of Justice and the Federal Communications Commission killed the deal, saying it would be too damaging to wireless competition.

That put the entire industry on notice: The carriers will have to solve their problems without any blockbuster takeovers.

The regulators’ main concern was that the deal would take the ranks of national carriers down from four to three. That’s why experts now expect the big players to focus instead on acquiring smaller, low-cost carriers like MetroPCS and Leap Wireless. Their spectrum could relieve capacity issues in large metro areas, which are the places most crippled by the crunch.

Industry analysts also think that Sprint and T-Mobile could gain approval to merge, though that’s a bit like two drowning victims clinging together. Sprint is losing piles of money every quarter, while T-Mobile is hemorrhaging customers with contracts.

Another possibility is that several carriers could partner in a spectrum-sharing joint venture.

But the most likely scenario is that the carriers continue fighting each other to snap up the last remaining large swaths of high-quality spectrum.

Stephenson

The claim that AT&T sought the purchase of T-Mobile USA for spectrum acquisition falls apart when you examine the record.  For instance, during AT&T CEO Randall Stephenson’s presentation at the merger announcement, shareholders were told the buyout would deliver cost synergies and savings, would stabilize earnings from a more predictable mobile market (with T-Mobile’s ‘market disruptive’ pricing out of the way), and would allow the company to secure additional frequencies.  However, as Stop the Cap! reported back in August, documents released by the FCC showed AT&T unprepared to specify what T-Mobile spectrum it expected to acquire, much less how the company intended to use it.

The “problem” AT&T sought to solve, in the eyes of both the Justice Department and the FCC, was pesky competition from T-Mobile and the reduced profits AT&T endured as T-Mobile forced competitors to deliver better service at lower prices.

Even Goldman admits T-Mobile had the smallest inventory of wireless spectrum among the major carriers — scant reason for AT&T to court a merger for spectrum purposes.

The spectrum winners continue to be AT&T and Verizon, who have the largest inventory of favorable frequencies, and both continue to warehouse spectrum they are not using for anything.

Your Cell Phone Bill is Going Up

Has your mobile phone bill jumped this past year?

Get used to it.

Demand for wireless data services is soaring, forcing carriers to invest massively to keep up. They have two main options: Upgrade their network technology or acquire more wireless spectrum to give them more bandwidth.

“Massively” is in the eye of the beholder.  Verizon outspent AT&T on network upgrades and continues to enjoy enormous returns on that investment.  Most major cell companies spend billions on network improvements, but also earn tens of billions from their customers.  Yet in the midst of the “spectrum crisis,” AT&T CEO Randall Stephenson told investors revenue was up — way up:

“We’ll expand wireless and consolidated margins. We’ll achieve mid-single-digit EPS growth or better. Cash generation continues to look very strong again next year. And given the operational momentum we have in the business, all of this appears very achievable and probably at the conservative end of our expectations.”

AT&T’s chief financial officer John J. Stephens put a spotlight on it:

In 2011, 76% of our revenues came from wireless and wireline data and managed services. That’s up from 68% or more than $10 billion from just 2 years ago. And revenues from these areas grew about $7 billion last year or more than 7% for 2011. We’re confident this mix shift will continue. In fact, in 2012 we expect consolidated revenues to continue to grow, thanks to strength in these growth drivers with little expected lift from the economy.

[…] We also continue to bring more subscribers onto our network with tiered data plans, more than 22 million at the end of the quarter, with most choosing the higher-priced plan. As more of our base moves to tiered plans and as data use increases, we expect our compelling [average revenue per subscriber] growth story to continue.

That’s a story AT&T has avoided sharing with customers, because more than a few might take exception that the past year’s rate increases have more to do with the company’s “compelling growth story” than a spectrum shortage.

CNN could have reported this themselves, had they bothered to look beyond the press releases and talking points from the wireless industry. The reporter even conflated recent increases in early termination fees as part of the “spectrum shortage.”

Readers have to glean the real story by reading between the lines.  Here is an example:

As Suraj Shetty, Cisco’s marketing chief, puts it: “Data caps are curbing the top 1% of users, but not the top 20%.”

For carriers, finding the sweet spot is a delicate balancing act. Heavy data consumption is costly for them. On the flip side, smartphone users, who are typically required to buy pricey monthly data plans, are their most lucrative customers.

The ideal customer is someone with a smartphone they use sparingly.

That reality could eventually be reflected in your monthly bill. All four of the major carriers declined to comment about their future pricing strategies, but analysts expect them to start experimenting with new “pay for what you consume” approaches.

The real agenda is finding customers who buy the most service and use it the least.  Usage caps and throttles don’t even work, if one believes Mr. Shetty.  Curbing one percent of your heaviest users does little to curtail congestion when the top 20% remain within plan limits and create an even greater strain on the network.

It’s another hallmark of Internet Overcharging — monetizing broadband usage while using “congestion” as an excuse.  If a customer uses 10GB on an unlimited usage plan or 10GB on a limited use plan, the impact on the network is precisely the same.  Only the profit-taking is different.

There Are Solutions

Only in the last part of the series does CNN’s reporter discover there are some practical solutions to the spectrum crunch.  They include:

  • Splitting cell phone traffic to reduce tower load.  Adding additional towers is one solution, but not all have to be huge, unsightly monstrosities.  In parts of Canada and Europe, new “micro-cells” on top of traditional power poles or buildings can reduce tower load, especially in urban areas.  These units, which can fit in the palm of your hand, are especially good at serving fixed location users, such as those sitting at home, work, or in a shopping center.  They don’t create eyesores, are relatively inexpensive, and are effective.
  • Allocation of spectrum.  The FCC is working on making additional wireless spectrum available.  Some carriers are cooperating to alleviate capacity issues, share towers, and collaborate on new tower planning.
  • Consider Wi-Fi.  AT&T found offloading traffic to Wi-Fi and even home-based “femtocells” — mini in-home cell towers have effectively reduced demand on their wireless 3G/4G networks.  There is still room to expand.

[flv width=”576″ height=”344″]http://www.phillipdampier.com/video/CNN Solutions to the spectrum crunch 2-2012.flv[/flv]

Alcatel-Lucent has a solution to the capacity crunch — a microcell cube that can be attached to a building or phone pole.  (3 minutes)

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