Comcast spent $3.1 million dollars of its subscribers’ money in the first three months of 2010 lobbying elected officials to approve its proposed merger with NBC-Universal and putting a stop to Net Neutrality proposals, according to disclosure statements files in the House clerk’s office.

Comcast has spent over $10 million dollars a year trying to keep broadband reform, ownership limits, and oversight regulators at bay.  Most recently, it is dedicating considerable time and resources lobbying elected officials, with campaign contributions in hand, to get federal approval for its proposed 51 percent ownership stake in NBC-Universal, making the nation’s largest cable operator also the owner of a two major television networks, and a studio that produces movies and television shows.

Walt Mossberg (left) discusses the current state of American broadband with FCC Chairman Julius Genachowski (right)

FCC Chairman Julius Genachowki told attendees at the D: All Things Digital conference America scores dead last in a study measuring the rate of change in broadband innovation.  American broadband is stuck in neutral while every other ranked nation is moving forward faster in understanding the importance of deploying fast, reliable, and universal broadband.  Genachowski directly ties broadband to improving local economies, propelling growth in jobs, and improving education and health care.

Unfortunately the American duopoly most Americans cope with maintains a stranglehold on efforts to bring America literally up to speed with competing nations.  Worse, there is no end in sight as long as America relies entirely on incumbent providers to get the job done.

Americans pay some of the highest prices in the world for mediocre broadband, and it’s only getting worse with the introduction of usage limiting schemes like data caps and so-called consumption billing.

Genachowski is attempting to facilitate improved broadband across the United States, but is hampered by private industry undermining the FCC’s authority to help push improvements forward.  Recent industry-driven court challenges to the FCC’s authority have led to the agency seeking a different path to regain its regulatory footing.

The FCC chairman sees the biggest challenges coming in wireless broadband, where a spectrum shortage is limiting potential capacity and available bandwidth.  Genachowski seeks an accommodation with the nation’s television stations to relinquish UHF spectrum where possible to bolster wireless networks.

Conference host Walt Mossberg challenged Genachowski on why more isn’t getting done and why accepting the current state of the marketplace is acceptable.  He also criticized providers for charging high prices for slow service and attacked Comcast for its set top box, claiming if there was an open market for these things, no one would buy it, that it would be the worst thing on the shelf.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/All Things Digital Genachowski 6-2-10.flv[/flv]

Excerpts from FCC Chairman Julius Genachowski’s visit with Walt Mossberg at the June 2nd D: All Things Digital conference.  (6 minutes)

Caswell County, North Carolina

A new bill from Rep. Bill Faison (D-Orange, Caswell) would offer one North Carolina county the chance to build its own municipally-owned cable and broadband provider to deliver service to places other providers refuse to go.

H2067, “An Act to Allow Caswell County to Provide Internet Services, An Authorized Purpose Under Cable Television,” would authorize Caswell County to build its own municipal broadband system by adding cable television systems to a list of defined public enterprises.  That opens the door to selling bonds to raise private funds for system construction.

Faison told us that a 2005 ruling in the BellSouth (today AT&T) v. Laurinburg case, a state appeals court ruled that communities had the right to build systems to deliver broadband service to their residents.  He told IndyWeek there are many areas in his district and beyond that have been bypassed by cable and DSL service providers, with little hope in sight that many of the residents he represents would ever see anything beyond dial-up.

In making his case for the bill, Faison cited as an example electrical co-ops across the state that brought basic utilities services to under-served towns. “High speed internet is just as important today as electricity was in another era as a basic service,” said Faison, a proponent of municipal broadband.

“We need to supply to every one. Where AT&T will go and provide at a reasonable cost, I am happy to let them do it—but where they won’t go, someone must step up and bring that service to those people,” he added.

Faison

We had a few moments to talk to Rep. Faison about his bill and its timely introduction during the ongoing heated debate over S1209, a poison pill bill that would stop municipal broadband projects in the state.

He told us Caswell County officials appealed to him as their State Legislator to introduce the bill so they could move forward on their project, and H2067 concisely delivers within the parameters of the 2005 court case.

It will be interesting to watch progress on Faison’s H2067 in contrast to the anti-consumer S1209, introduced by Sen. David Hoyle (D-Gaston).  The only downside to Faison’s legislation is that it is limited to Caswell County.  But Faison also shows the way forward for other legislators to introduce similar bills to authorize projects in the areas of the state they represent.

For Caswell County residents, it means the potential to finally get quality broadband service after years of broken promises from incumbent providers.  Comcast of Danville, Virginia provides limited service, mostly in parts of Yanceyville, the county seat.  AT&T offers limited DSL service, but not to several areas of the county.  Those unlucky enough to be bypassed still rely mostly on dial-up.

Rep. Faison deserves your support for being a legislator that truly represents his constituents, and his actions illustrate he thinks of them first.  Please take a moment to write or call to thank him for his vision on this important issue and his support for getting the job done.

Rep. Bill Faison — [email protected] — (919) 715-3019

[flv]http://www.phillipdampier.com/video/Caswell County.flv[/flv]

Here is a senior citizen and a librarian in Caswell County, trying to live life without acceptable broadband.  These are real people with real stories to share. Broadband is not a luxury for these residents.  (4 minutes)

[flv]http://www.phillipdampier.com/video/Heath Shuler Campaign Ad.flv[/flv]

Congress doesn’t seem to know right from wrong, but we do.

It’s not right when big insurance companies write health care laws when millions can’t afford to see a doctor.

It’s not right when big oil companies write energy laws as gas prices skyrocket.

It’s not right when Congress passes trade bills that send our jobs overseas.

Congress won’t change until we change the people we’re sending to Washington.

–Rep. Heath Shuler’s 2006 campaign commercial

That was less than four years ago.  Apparently these days Rep. Heath Shuler (D-North Carolina) believes it -is- right for large telecommunications companies to censor online content, slow down Internet services they don’t want you to use, and allow the phone and cable industry to control broadband policies in this country.

Shuler’s abandonment of his mountain values was made easier with $23,000 in campaign contributions from a grateful industry.

Shuler

When those telecom checks cleared the bank, Shuler went to work for big telecom companies, becoming a leading opponent of consumer-friendly Net Neutrality.

For his supporters who once had high hopes for the Democratic congressman first elected in 2006, it’s been one disappointment after another.

Last fall, Shuler was a co-signer of a letter to FCC chairman Julius Genachowski opposing Net Neutrality.  To reiterate the point, many of the same co-signers of last fall’s letter were back on board with a second letter sent last month.

The latest letter was a godsend to AT&T, Verizon, Comcast, and other Net Neutrality opponents who are using it to suggest there is considerable bipartisan opposition to broadband reform.

Many of his constituents are not impressed with Shuler’s legislative record these days.  One of them is Dave Houck:

I have long since had it with Mr. Shuler.  I admit it, I have no more patience for him.

[…]

I campaigned for you, and phone banked for you, and made cash contributions.  Today I find out that you are against net neutrality, that you signed a letter to the FCC Chairman supporting AT&T and other large corporations — choosing corporations over the people.

In 2010 I will be voting for anybody who runs against you, Democrat or Republican, as you have consistently demonstrated in the three years you have been in Congress that you are quite simply not up to the job of representing the people of Western North Carolina.  You and the “Blue Dog Coalition” are surrogates for corporate interests; you do not have the interests of the people of North Carolina at heart.  Or at least that’s the message you are sending to me.

I’m just fed up.

North Carolina's 11th District is currently served by Rep. Heath Shuler

Similar sentiments from upset residents in his district are voiced all over Shuler’s Facebook page.  Why not add yours?

Then give his office a call or drop him an e-mail.

Ask Rep. Shuler how standing with big phone and cable companies against consumer broadband protection could ever represent western North Carolina mountain values.

Tell him trusting AT&T, Verizon, Comcast, and Time Warner Cable with our broadband future is like trusting BP to protect the Gulf Coast.

Let him know you were disappointed with his decision to sign the first letter opposing Net Neutrality last fall, but now you are simply appalled he’s done it again.

It’s not right when big phone and cable companies have the power to write their own legislation and stop pro-consumer protections like Net Neutrality.  Where is the Rep. Shuler who campaigned on doing the right thing in 2006?

If Shuler won’t change his mind on an issue as important as this, perhaps we need to take his own advice and change the person the 11th district sends to Congress.

Los Angeles County's cable franchise map dating back to 2005 shows the county divided between Adelphia, Comcast, and Time Warner. Today, Time Warner Cable controls most of the county's cable service but still relies on some legacy equipment in place from the days of Adelphia and Comcast. Calabasas was formerly served by Adelphia. (click to enlarge map)

Some southern California residents continue to express anger and frustration at some poor business and customer service practices provided by Charter Cable and Time Warner Cable, both of which provide service in the community of Calabasas.

Unfortunately, city officials had their hands tied in resolving consumer complaints because California is one of several states that abandoned local cable franchising in favor of less accountable statewide cable franchises that carry few terms and conditions that protect California consumers.

The Calabasas Communications and Technology Commission dealt with several complaints raised by residents during its May meeting, often echoed by the commissioners themselves.

From the Calabasas Patch:

Resident Alvin Lindenauer spoke about his dissatisfaction with Charter.

“Charter has a long history of being less than competent in providing cable service,” he said.

Lindenauer’s complaints with Charter included misleading advertising, poor customer service and, most prominent, “improper billing practices.”

He said he received several erroneous notices of past due payments that resulted in forced late fees.

Lindenauer referred to Charter as “corrupt and deceptive” in its business practices.

He proposed that the commission hold Charter Cable more accountable for its service and reduce the city’s long-term contract with the company.

Charter Cable officials denied the company was either corrupt or deceptive, stating the company will work to address any customer service or billing complaints.

Cable commissions like those in Calabasas actually hold almost no power over incumbent cable or competing phone company video offerings.  The federal government deregulated the vast majority of cable operations as part of the 1996 Communications Act.  While many municipalities have cable boards or commissions, most are little more than venting stations for frustrated residents who feel their local provider is unresponsive.  Sometimes appeals like those by Lindenauer can get the attention of company executives and “guilt them” into intervening with intransigent customer service agents, especially when the media is watching.

Calabasas residents were also upset with Time Warner Cable — primarily because of its set-top boxes and a recent “upgrade” to its program guide software.

Customers are upset with the company’s legacy Motorola cable boxes still used on the part of the system originally owned by Adelphia.  Some residents inquired about why Time Warner doesn’t use the “more reliable” Scientific-Atlanta converters used in other parts of Los Angeles county.

Calabasas residents also complained Time Warner’s cable signals are intermittently plagued by “tiling,” an irritating digital artifact that appears like a series of small boxes that appear frozen or moving across a digital picture.  Company officials responded that the problems are in software, not in the set-top boxes, and they would work on them.

Time Warner’s Los Angeles county cable system is actually configured of several different cable systems acquired from Comcast and bankrupt Adelphia Cable a few years ago.  Those systems still have important differences in technology and channel lineups.  Despite those differences, Time Warner Cable collectively controls most of Los Angeles county’s cable systems.  Charter has most of the rest.

[You can watch the commission’s proceedings from their video archive.  Start watching at 17:35 to view Mr. Lindenauer’s complaint and follow-up.]