Wisconsin Republicans are outraged AT&T and CenturyLink are not able to charge taxpayers and students more than double the price for broadband in schools and libraries.

Wisconsin taxpayers and students could face substantially higher taxes and tuition fees because Republicans prefer AT&T and other commercial Internet Service Providers deliver high-speed Internet access to schools and libraries, even if prices are more than double those charged by the existing non-profit, cooperative provider.

Last week, under growing pressure and criticism from Republican legislators and the potential threat of private litigation, the University of Wisconsin withdrew its contract with WiscNet, fearing a costly backlash that could interrupt the school’s educational and research missions.

Republicans in the state legislature forced a competition ban in the 2011-2013 budget directly targeting WiscNet, an institutional broadband provider serving 300 public schools, state agencies, and 15 of 17 Wisconsin library systems. They consider WiscNet a direct competitive threat to the business interests of AT&T and other telecommunications companies.

The loss of business from UW has raised questions about the ongoing viability of WiscNet’s operations, and has encouraged critics to continue the campaign against public broadband.

“Isn’t it a sad day when political pressures from telephone company lobbyists keep us from working together,” asked WiscNet Wire. “It’s frustrating, yet fascinating.”

Many of WiscNet’s members report that “going private” for Internet connectivity will more than double their costs. This was confirmed by Wisconsin’s Legislative Audit Bureau, which reported a member paying WiscNet $500 month for Internet service would face bills of $1,100 or more if provided by AT&T or other telecom companies.

Republicans have complained WiscNet’s close ties to the state university system and its efforts to resist the Walker Administration’s efforts to dismantle the institutional fiber network’s current operational plans border on unethical.

Cheerleading the Republicans are providers including AT&T and CenturyLink, both filing their own respective complaints (AT&T) (CenturyLink). Joining them is the Wisconsin State Telecom Association (WSTA), which represents Wisconsin’s independent rural phone companies like Frontier Communications.

William Esbeck, WSTA’s executive director, has been on WiscNet’s case for years. He said WiscNet’s recent victory in a procurement process to supply Internet service across the UW system was proof the bidding was rigged.

“The UW simply created a ‘request for proposals’ that matched what WiscNet was already doing,” said Esbeck.

Republican legislators joined Esbeck threatening hearings and unspecified repercussions for the “civil disobedience” on display by university officials attempting an end run around the Walker Administration.

“There have been repeated, flagrant violations of state law — intentional deception at a level that I just am flabbergasted by, even today — and no accountability for it whatsoever,” said state Rep. Dean Knudson (R-Hudson), at a recent budget committee hearing. Among Knudson’s biggest campaign contributors: the WSTA and CenturyLink.

In a May 23 letter sent to UW System president Kevin Reilly, state Sen. Paul Farrow (R-Pewaukee) accused UW officials of “mismanagement and unethical behavior,” saying they’d shown disdain for the legislature and contempt for the laws and directives it passed, reported Bill Lueders, the Money and Politics Project director at the Wisconsin Center for Investigative Journalism.

Among Farrow’s biggest campaign donors: TDS Telecom and the WSTA.

Both Farrow and Knudson are also known members of the American Legislative Exchange Council (ALEC), a corporate financed group that produces anti-public broadband draft legislation for introduction by the group’s members. Both CenturyLink and AT&T are sponsors of ALEC, AT&T in particular.

The Walker Administration has given the UW System an extra six months to sever all ties with WiscNet.

CenturyLink’s massive nationwide broadband service outage on May 7 hurt Florida schools trying to administer online testing, small businesses in Nevada that were forced to close for the day, and frustrated nearly six million customers across both states and in Arkansas, Missouri, Louisiana, Texas, Kansas, Minnesota, Ohio, Wisconsin, Pennsylvania, Colorado, Washington, Virginia, Michigan, Montana, Oregon, Tennessee, and Illinois.

An unspecified router failure disrupted broadband service for up to eight hours, and it could not have come at a worse time for Lee County and Cape Charter Schools in Florida that had to postpone state-mandated tests that are completed by students online.

Dr. Lee Bush told WZVN when things like this happen it is not good for the students or area schools.

“There’s a window of time for these tests and there’s a short period of time left. It does affect us,” said Dr. Bush.

The Las Vegas Sun also found itself without Internet access for much of the day, which also brought the newspaper’s website down. Several area businesses that depend on the Internet decided to send workers home late in the morning after it became clear CenturyLink had no realistic expectation of when service would be restored.

The Clark County School District, which serves Las Vegas, also reported their broadband service was interrupted.

In Illinois, Michigan, and Wisconsin outages created a significant problem for farmers cut off from commodity trading markets during the morning hours.

“An early Tuesday morning in May is definitely not a good time to have a long-lasting service outage for agribusiness,” said Sam Haupmann, who advises small and medium-sized farms on telecommunications matters. “Connectivity is very important for the farm economy these days, and farmers can’t just switch to the cable company or a cell phone. There often is no cable company serving farms and cell phone service can be difficult in rural areas.”

Ask CenturyLink to credit your account for the May 7 outage.

Ed Perrine, the chief of operations of Network Tallahassee, a Florida provider, told the Tallahassee Democrat all of his operations went down in the outage, affecting at least 4,000 customers and the 600 to 700 businesses they serve on the Florida Panhandle alone.

Perrine is not too happy with early reports CenturyLink’s massive outage could have come as a result of botched routine maintenance right before the start of business on a weekday:

Perrine said he spoke with CenturyLink at 6 a.m. where they advised him the company was doing scheduled maintenance. At 7:35 a.m. they told him something had gone wrong during the maintenance and it was affecting customers in 13 states.

By 10:30 a.m., the company advised the outage had spread to 22 states.

Perrine said the company has not told him what is causing the outage, but said that just after 11 a.m., the company advised Perrine that they were in the process of restoring service.

The timing of the update is questionable according to Perrine, who said maintenance is normally scheduled on early Sunday morning so if something goes wrong businesses won’t be affected.

CenturyLink had no plans to issue automatic service credits to affected customers, but you can request a refund for a day of lost service by contacting CenturyLink by phone or e-mail.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WBBH Fort Myers CenturyLink Outage 5-7-13.mp4[/flv]

WBBH in Fort Myers explains how a nationwide CenturyLink Internet outage on May 7 hurt the local economy, affected area schools, and frustrated area businesses and residents. (2 minutes)

A freak spring snowstorm has stolen CenturyLink’s thunder.

A freak spring snowstorm has covered up much of the anticipated publicity for CenturyLink’s plans to launch a trial of gigabit fiber broadband for 48,000 customers in western Omaha.

The phone company announced the pilot project this week amid a historic spring storm that dumped several inches of heavy, wet snow on parts of Nebraska. The media devoted most of its attention to the weather.

CenturyLink admits its gigabit fiber service is a pilot project designed to test consumer demand and the tolerance of local officials for limiting upgrades to selected neighborhoods and customers most likely to buy the service. CenturyLink has priced the gigabit service comparably to Google Fiber — $79.95 a month if bundled with other CenturyLink products. Standalone broadband is nearly twice as expensive — $149.95 a month.

“CenturyLink is pleased to offer its Omaha customers ultra-fast broadband speeds up to 1Gbps to help keep pace with growing broadband demands,” said Karen Puckett, chief operating officer. “This demonstrates our commitment to deliver communications solutions that provide our customers with the technology they need to enhance their quality of life, now and into the future.”

CenturyLink will not be building the fiber network from scratch. The company already runs a 100Gbps middle-mile/institutional fiber network in Omaha that reaches certain business clients and serves as a conduit for CenturyLink customer traffic. CenturyLink will supplement that by using the remnants of its predecessor’s long-gone Qwest Choice TV service. The company will spend millions to run fiber connections to homes and businesses, but around 9,800 residents formerly served by Qwest’s television service will be able to sign up for CenturyLink Lightspeed Broadband as early as Monday. Others may have to wait until as late as October.

CenturyLink now sells up to 40Mbps speeds in Omaha, with a 300GB monthly usage cap. The company has not said if it intends to apply a usage limit on its fiber customers.

The phone company’s largest and fastest competitor is Cox Cable, which sells up to 150/20Mbps service for $99.99 a month.

Cox Cable cannot match CenturyLink’s speeds at the moment, but does not think most Omaha residents need or want gigabit fiber.

“It is important to note that our most popular Internet package remains the one that provides speeds of 25Mbps, which meets the needs of the majority of customers,” said Cox spokesman Todd Smith. “We will continue to talk with our customers and invest in product enhancements to provide an optimal broadband experience.”

Only around 12% of metropolitan Omaha will have access to the experimental fiber service, primarily those living in West Omaha. The network will bypass residents that live further east. The boundaries of the forthcoming fiber network are notable: West Omaha comprises mostly affluent middle and upper class professionals and is one of the wealthiest areas in the metropolitan region. Winning a right to offer service on a limited basis within Omaha is an important consideration for telecom companies like CenturyLink.

AT&T, Verizon, CenturyLink and other telecommunications companies are seeking deregulation that would end universal service mandates that require companies to build their networks in every neighborhood, rich and poor.

Cable and telephone companies have taken careful note Google Fiber is being allowed to provide service only where demand can be found — a significant change in long-standing municipal policies that demand cable and phone companies provide access to nearly every resident.

CenturyLink delivered a “between the lines” message to local officials when it suggested it might expand its fiber network elsewhere in Omaha and beyond, but only after evaluating the project for “positive community support, competitive parity in the marketplace and the ability to earn a reasonable return on its investment.”

In other words, keeping zoning and permit battles (and residential complaints about construction projects) to a bare minimum, allowing the company the right to choose where it will (and won’t) deploy service, and making sure people will actually buy the service are all the key factors for fiber expansion.

AT&T said much the same thing when it vaguely promised a gigabit fiber network to compete with Google in Austin.

Google may have unintentionally handed their competitors a new carrot: deregulate us in return for fancy fiber upgrades that customers crave.

In perspective: CenturyLink’s fiber trial will only impact about 12% of the total population of metropolitan Omaha, primarily in and near affluent West Omaha.

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/WOWT Omaha CenturyLink Gigabit 5-1-13.flv[/flv]

WOWT in Omaha spent less than a minute reporting on CenturyLink’s forthcoming gigabit fiber trial. A spring snowstorm preoccupied most of Omaha’s media instead.  (1 minute)

Provo, Utah will be the third city in the country to get Google’s gigabit fiber network, in part because fiber infrastructure installed by a defunct provider that ran into money problems is now likely available for Google’s use.

The announcement came from Provo Mayor John Curtis this afternoon.

The choice of Provo was a surprise even to area residents, who speculated the “epic announcement” promised by Provo’s deputy mayor Corey Norman involved the opening of a new Popeye’s Chicken location or a second Red Lobster headed to town. Instead, it is only 1,000/1,000Mbps broadband for a likely price of $70 a month.

Provo’s existing fiber infrastructure, now owned by the local government, was likely a major reason in selecting the city of 115,000 for a Google-style upgrade.

The announcement came a little over a week after Google announced Austin, Tex. as the second stop for Google’s fiber upgrade. The surprise announcement may create waves in the telecom industry that earlier assumed Google was only interested in developing a demonstration project in Kansas City. It is now likely Google has bigger plans than that.

Communities that own, control, or manage their own fiber networks — institutional or available to the public — may be the next to be courted by Google.

Google will face off against Comcast Cable and CenturyLink (formerly Qwest) in the city.

[flv width=”480″ height=”380″]http://www.phillipdampier.com/video/KTVX Salt Lake City Provo Getting Ready for Epic Announcement 4-16-13.mp4[/flv]

KTVX in Salt Lake City reports Provo is getting ready for “an epic announcement.” It turns out Google’s gigabit fiber network is coming to the city of 115,000.  (2 minutes)

Cable operators and publicly owned utilities in Tennessee are battling for control over the prices companies pay to use utility poles, with facts among the early casualties.

The subject of “pole attachment fees” has been of interest to cable companies for decades. In return for permission to hang cable wires on existing electric or telephone poles owned by utility companies, cable operators are asked to contribute towards their upkeep and eventual replacement. Cable operators want the fees to be as low as possible, while utility companies have sought leeway to defray rising utility pole costs and deal with ongoing wear and tear.

Little progress has been made in efforts to compromise, so this year two competing bills have been introduced by Republicans in the state legislature to define “fairness.” One is promoted by a group of municipal utilities and the other by the cable industry and several corporate-backed, conservative front groups claiming to represent the interests of state taxpayers and consumers.

Some background: Tennessee is unique in the pole attachment fee fight, because privately owned power companies bypassed a lot of the state (and much of the rest of the Tennessee Valley and Appalachian region) during the electrification movement of the early 20th century. Much of Tennessee is served by publicly owned power companies, which also own and maintain a large percentage of utility poles in the state.

Some of Tennessee’s largest telecom companies believe they can guarantee themselves low rates by pitching a case of private companies vs. big government utilities, with local municipalities accused of profiteering from artificially high pole attachment rates. Hoping to capitalize on anti-government sentiment, “small government” conservatives and telecom companies want to tie the hands of the pole owners indefinitely by taking away their right to set pole attachment rates.

The battle includes fact-warped editorials that distort the issues, misleading video ads, and an effort to conflate a utility fee with a tax. With millions at stake from pole attachment fees on tens of thousands of power poles throughout the state, the companies involved have launched a full-scale astroturf assault.

Grover Norquist’s Incendiary “Pole Tax”

Conservative Grover Norquist, president of Americans for Tax Reform wrote that the pole attachment fee legislation promoted by public utilities would represent a $20 million dollar “tax increase” from higher cable and phone bills. Even worse, Norquist says, the new tax will delay telecom companies from rushing new investments on rural broadband.

Norquist

In reality, Americans for Tax Reform should be rebranded Special Interests for Tax Reform, because the group is funded by a variety of large tobacco corporations, former clients of disgraced lobbyist Jack Abramoff, and several wealthy conservative activists with their own foundations.

Norquist’s pole “tax increase” does not exist.

The Federal Communications Commission (FCC) provides guidelines and a formula for determining pole attachment rates for privately owned utilities, but permits states to adopt their own regulations. Municipal utilities are exempted for an important reason — their rates and operations are often already well-regulated.

Stop the Cap! found that pole attachment revenue ends up in the hands of the utility companies that own and keep up the poles, not the government. Municipal utilities stand on their own — revenue earned by a utility stays with the utility. Should a municipal utility attempt to gouge other companies that hang wires on those poles, mechanisms kick in that guarantee it cannot profit from doing so.

A 2007 study by the state government in Tennessee effectively undercut the cable industry’s argument that publicly owned utilities are overcharging cable and phone companies that share space on their poles. The report found that “pole attachment revenues do not increase pole owners’ revenue in the long run.”¹

The Tennessee Valley Authority, which supplies electricity across Tennessee, regularly audits the revenues and costs of its municipal utility distributors and sets end-user rates accordingly. The goal is to guarantee that municipal distributors “break even.” Any new revenue sources, like pole attachment fees, are considered when setting wholesale electric rates. If a municipal utility overcharged for access to its poles, it will ultimately gain nothing because the TVA will set prices that take that revenue into account.

Freedom to Distort: The Cable Lobby’s Astroturf Efforts

Freedom to distort

Another “citizens group” jumping into the battle is called “Freedom to Connect,” actually run by the Tennessee Cable Telecommunications Association (TCTA). Most consumers won’t recognize TCTA as the state cable lobby. Almost all will have forgotten TCTA was the same group that filed a lawsuit to shut down EPB’s Fiber division, which today delivers 1,000Mbps broadband service across the city and competes against cable operators like Comcast and Charter Cable.

One TCTA advertisement claims that some utilities are planning “to double the fees broadband providers pay to the state’s government utilities.”

In reality, cable companies have gone incognito, hiding their identity by rebranding themselves as “broadband providers.” No utility has announced it plans to “double” pole attachment fees either.

TCTA members came under fire at a recent hearing attended by state lawmakers when Rep. Charles Curtiss (D-Sparta) spoke up about irritating robocalls directed at his constituents making similar claims.

“What was said was false,” Curtiss told the cable representatives at the hearing. “You’ve lost your integrity with me. Whoever made up your mind to do that, you’re in the wrong line of work.”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/TCTA Pole Attachment Fees Ad 3-13.flv[/flv]

TCTA — Tennessee’s cable industry lobbying group, released this distorted advertisement opposing pole attachment fee increases.  (1 minute)

The Chattanooga Free-Press’ Drew Johnson: Independent Opinion Page Editor or Well-connected Activist with a Conflict of Interest?

Johnson (Times Free Press)

In its ad campaign, the TCTA gave prominent mention to an article in Chattanooga’s Times-Free Press from Feb. 27: “Bill Harms Consumers, Kills Competition.”

What the advertisement did not say is it originated in an editorial published by Drew Johnson, who serves as the paper’s conservative opinion editor. Johnson has had a bone to pick with Chattanooga’s public utility EPB since it got into the cable television and broadband business.

That may not be surprising, since Johnson is still listed as a “senior fellow” at the “Taxpayers Protection Alliance,” yet another corporate and conservative-backed astroturf group founded by former Texas congressman Dick Armey of FreedomWorks fame.

Johnson’s journalism credentials? He wrote a weekly column for the conservative online screed NewsMax, founded and funded by super-wealthy Richard Mellon Scaife and Christopher Ruddy, both frequent donors to conservative, pro-business causes.

TPA has plenty to hide — particularly the sources of their funding. When asked if private industry backs TPA’s efforts, president David Williams refused to come clean.

“It comes from private sources, and I don’t reveal who my donors are,” he told Environmental Building News in January.

Ironically, Johnson is best known for aggressively using Tennessee’s open records “Sunshine” law to get state employee e-mails and other records looking for conflicts of interest or scandal.

Newspaper readers may want to ask whether Johnson represents the newspaper, an industry-funded sock puppet group, or both.  They also deserve full disclosure if the TPA receives any funding from companies that directly compete with EPB.

The Institute from ALEC: The Institute for Policy Innovation’s Innovative Way to Funnel AT&T and Comcast Money Into the Fight

Provider-backed ALEC advocates for the corporate interests that fund its operations.

Another group fighting on the side of the cable and phone companies against municipal utilities is the Institute for Policy Innovation. Policy counsel Bartlett D. Cleland claimed the government is out to get private companies that want space on utility poles.

“The proposed new system in HB1111 and SB1222 is fervently supported by the electric cooperatives and the government-owned utilities for good reason – they are merely seeking a way to use the force of government against their private sector competitors,” Cleland said. “The proposal would allow them to radically raise their rates for pole attachments to multiples of the national average.”

The facts don’t match Cleland’s rhetoric.

In reality, the state of Tennessee found in their report on the matter in 2007 that Tennessee’s pole attachment fees are “not necessarily out of line with those in other states.”²

In fact, some of the state’s telecom companies seemed to agree:

• EMBARQ (now CenturyLink) provided data on fees received from other service providers in Tennessee, Virginia, South and North Carolina. In these data, Tennessee’s rates ($36.02 – $47.41) are similar to those in North Carolina ($23.12-$52.85) and Virginia ($28.94 – $35.77). Rates were lower in South Carolina.
• Cable operators, who have less infrastructure on poles than telephone and electric utilities, paid even less. Time Warner Cable provided mean rates per state showing Tennessee ($7.70) in the middle of the pack compared to Florida ($9.83) and North Carolina ($4.86 – $13.64).

In addition to his role as policy counsel, Cleland also happens to be co-chair of the Telecommunications and Information Technology Task Force of the American Legislative Exchange Council (ALEC). Members of that committee include Comcast and AT&T — Tennessee’s largest telecom companies, both competing with municipal telecommunications providers like EPB.

¹ Analysis of Pole Attachment Rate Issues in Tennessee, State of Tennessee. 2007. p.23

² Analysis of Pole Attachment Rate Issues in Tennessee, State of Tennessee. 2007. p.12