Phillip Dampier

Federal Communications Chairman Julius Genachowski is racking up those frequent flier miles as he travels from one telecom industry trade show to another.  In addition to less-than-thrilling appearances at industry events run by the wireless industry and broadcasters, the chairman is now scheduled to be the headline act at the cable industry trade show to be held June 15 in Chicago.

Instead of devoting time and attention to provider profiteering and the ongoing concentration of the wireless marketplace, Genachowski will be shaking hands with big cable executives, sharing the stage with former FCC chairman Michael Powell, who now runs the National Cable and Telecommunications Association.  (Powell is a classic example of Revolving Door Syndrome: Start a career in public service and finish it using your government connections to cash in with a six figure salary working for the industry you used to oversee.)

While the current FCC chairman gets to bloat his expense account, his performance on behalf of the American people leaves plenty to be desired:

1. His vision of our broadband future is all talk and little action, with National Broadband Plan goals seen as increasingly anemic when contrasted with broadband development abroad;
2. Genachowski has caved on important consumer protections for broadband consumers, most notably with a very-industry-friendly Net Neutrality policy that won him little thanks (Verizon sued anyway);
3. His “white space” broadband plan to carve up UHF broadcast spectrum for mobile broadband comes poorly conceived, infuriating broadcasters who promise to spend millions in a lobbying death match;

Julius Genachowski has plenty of time for speeches, but never enough time to protect consumers who want better broadband, more competition, and lower prices..

At the NCTA convention, Genachowski is likely to deal with the hot potato retransmission consent issue — the one that pits you in the middle of million-dollar squabbles over what pay TV provider gets to carry what networks (and how much you will pay for them).  Also on the agenda: CableCARD 2: Electric Boogaloo, also known as AllVid, the almost certainly Dead on Arrival replacement for the first generation CableCARD set top box replacement that practically nob0dy uses.

Although Google loves AllVid, the powerful entertainment and cable industry is less impressed.  The Motion Picture Association of America considers it a piracy gateway because it lacks sufficient copyright protection mechanisms, and the cable industry has always been wary of standardized set top equipment that could tie down on-demand programming, signal theft protection, and future innovations.

Genachowski is sure to get a warmer reception at the cable show than he got from broadcasters earlier this month, who were downright hostile over his proposal to carve up the UHF TV dial (channels 14-51), selling off “extra” channels for wireless broadband.

The National Association of Broadcasters is starting to get a little worried, not feeling the love the Commission has bestowed on big cable and phone companies who got their lobbying wish-lists largely granted.  Instead, a year after being dragged into an expensive digital TV conversion, the FCC is back for more from television broadcasters, taking back perhaps a dozen or more channels for “white space broadband,” a vaguely-explained plan to enhance the amount of space available for wireless data.

Unfortunately, with thousands of television stations, the FCC will have to find enough channels for everyone to share without interfering with each other.  The FCC still hasn’t released a definitive plan about how to accomplish this, and with big wireless interests suggesting TV stations should slash their transmitter power and share the same or adjacent channels, a lot of stations fear they will be crammed together like a Japanese train at rush hour.

But the wireless industry wants it, even if it drives some stations in densely populated areas off the air completely.  In many other areas, especially in the northeast and southern California, stations might have to cut their signal coverage areas to avoid interfering with stations sharing the same channel in an adjacent city.  Rural residents relying on over the air television could be out of luck, even with a rooftop antenna.

In a bidding war, who would likely win the spectrum up for sale?  AT&T, Verizon, and perhaps some large cable companies looking for enhanced wireless services to sell.  No wonder the NAB is worried.  The FCC could favor selling spectrum out from under your local stations and sell it to their biggest competitors in the pay television business.

Consumers should be concerned as well.  Should today’s biggest wireless carriers scoop up “white space” frequencies, it will do nothing to bring enhanced competition or lower prices.  It will just lock up even more spectrum for a wireless industry that threatens to become a duopoly.

Instead of flying all over the country to attend trade shows and shake hands with industry leaders, Chairman Genachowski should be spending more of his time looking for creative, effective solutions to enhance competition and protect consumers, not simply throw them under the bus for the benefit of a handful of industry players already too large for the common good.

It's "Return of the Astroturf Groups"

It did not take more than a few hours for the first non-profit and “minority advocacy” groups to hurry out press releases applauding the announced merger intentions of AT&T and T-Mobile.

Winning approval of the merger in Washington will take a full court press by lobbyists and organizations that claim to represent “the public interest,” even if the merger will likely raise prices for the constituents they ostensibly represent.  Too often, these groups also fail to openly disclose they have board members that work for the telecommunications industry or welcome large financial contributions made by one or both companies.  That makes it difficult for the average consumer to discern whether matters of arcane telecommunications policy are truly of interest to these organizations or whether they are simply returning a favor to the companies that write them checks.

The Communications Workers of America, the union representing many AT&T employees, has been applauding the announced merger on their website, “Speed Matters.”  It’s hard to blame the union for supporting the merger — it opens the door to union membership for T-Mobile employees.  The union does a good job representing their workers, and their interests often are shared by consumers.  For instance, the CWA has smartly opposed Verizon landline sell-0ffs to third party companies, which have tended to bring bad results for ratepayers.  But their website does trumpet some sketchy organizations not well known outside of the dollar-a-holler advocacy industry.

Take “The Hispanic Institute” (THI).  This obscure “group” chose a name for itself suspiciously similar to the much larger and more prominent National Hispanic Institute.  That’s where the similarity ends, however.

The Hispanic Institute believes the AT&T and T-Mobile merger will bring harmony and joy to the Latino community clamoring for mobile broadband:

“The proposed merger of AT&T and T-Mobile will move us closer to universal mobile broadband deployment. When we consider how essential mobile technology is to empowering communities, we conclude that this proposal is good for Hispanic America. It provides an opportunity to amplify the growth in mobile broadband adoption by both English and Spanish speaking Americans.”

AT&T regularly contributes substantially to Urban League programs.

In fact, the only thing most Latinos will find after the merger is higher prices for reduced levels of service.  T-Mobile’s aggressive pricing and innovative (and sometimes disruptive) packages are well-known in the industry, and they are a frequent choice of budget-minded consumers, including many members of the Latino community.  It does little good to expand mobile broadband service that many cannot afford.  Reduced competition always leads to higher prices, a fact of life missed by THI.

Perhaps THI’s misguided support for the merger was an aberration.  But then again, maybe not.  The group also promotes a pharmaceutical industry-funded scare site designed to convince Americans that prescription drugs imported from Canada are dangerous and unsafe.  Calgary is apparently the new Calcutta, when you have a vested interest in stopping people from saving a fortune on their medication by buying it north of the border.

Perhaps that was also just “an error in judgment.”  But little doubt remains after you read their spirited defense of the bottom-feeding payday loan industry (even though they claim they are not.)

Friends of Big Pharma, Payday Loan Gougers, and A Bigger AT&T are no friends of mine… or yours.

The Urban League is a regular recipient of AT&T cash.  In return, the group is no stranger to advocating for the phone company’s political agenda.  One of their chapters belongs to the ultimate in Astroturf groups — Broadband for America.  How many organizations cautiously optimistic about a telecom industry merger would rush out a press release about it?  They did:

“The pending merger of AT&T and T-Mobile USA holds potential opportunity for an expanded, diverse workforce … We plan to carefully observe the upcoming regulatory process and look forward to a transition that is guided by AT&T’s commitment to diversity and equal opportunity. We have every reason to be optimistic,” said Marc Morial, president and CEO.

Speed Matters somehow forgot to mention AT&T is a major member of the Alliance they quote in support of the merger.

Of course he does.

Then there is the ultimate in echo chamber advocacy courtesy of the Alliance for Digital Equality:

“The merger of T-Mobile USA and AT&T will enable rapid broadband coverage for most of the nation — including many lower-income and rural communities that have been largely underserved — through an expanded 4G LTE deployment to 95% of the U.S. population within six years. This is a huge step forward in making President Obama’s vision of reaching 98% of Americans a reality.

“What’s more, wireless broadband has shown tremendous promise in bringing our communities of color into the digital age — something that an increasing number of studies and reports have shown we have got to improve upon if we are going to bridge the digital divide that exists in this country. This merger puts the right technologies into the communities that need it, at the right time… and at the right price.” — Julius Hollis, Chief Executive Officer

Missing from these glowing words is an admission that AT&T is a major member of the Alliance.

It’s the coalition of the willing to sell out consumers.

[Important Update — 7:53am ET 4/7 — Because of a technicality, it is important for everyone to reference H.129 when calling your state senators.  Members of the Senate Finance Committee are still evaluating the House version of the bill — H.129, so senators will more readily identify the bill we are opposing when we reference the House version (and not S.87).  You can also call it the “Level Playing Field” bill, but with disgust.  Include the fact you found the name highly ironic, since the only thing it will “level” are the state’s community broadband networks — right to the ground.  If you already called, why not just send a follow-up e-mail opposing H.129.]

Stop the Cap! has learned lobbyists for North Carolina’s cable and phone companies are growing concerned over increasing opposition to their custom-written duopoly protection bill that will ruin community broadband developments across the state and threaten ones already up and running.  Now they’re in a mad dash to push S.87 (the Senate version of H.129) through the Senate Tuesday before you have a chance to call and express outrage over this corporate protectionism.

Our sources tell us the bill has been yanked from the Senate Commerce Committee and is moving faster than North Carolina’s cable and DSL broadband to the Finance Committee, where bill sponsors hope for a quick voice vote and no public comment allowed.

The engineer of the legislative railroad in the Senate is Sen. Tom Apodaca (R) who serves the western North Carolina counties of Buncombe, Henderson, and Polk — areas with broadband challenges of their own.  Apodaca’s lead role pushing an anti-broadband bill is ironic considering his campaign website lists his priorities as:

• “Great schools for our children.” Western N.C. residents without broadband service at home are forced to resort to sitting in their cars in school parking lots or spend hours at overburdened public libraries to access Wi-Fi networks to complete homework assignments.  Great schools in a digital economy require great broadband – both in school and at home
• “Better paying jobs.” Digital economy jobs are always in demand and bring good salaries.  But those with inadequate broadband will find the kind of entrepreneurial experience and independent study required to excel in these fields hampered by satellite fraudband service or dial-up that limits possibilities and leaves North Carolina behind.
• “Let people keep more of the money they earn.” It’s a great idea, and competition for big cable and phone companies guarantees it.  In Wilson, consumers don’t face annual rate hikes for their cable service.  Can your community say that?  When their network is paid off, Wilson’s GreenLight will start paying off for local residents as well, keeping money in the community.
• “And access to quality health care.” As Google intends to prove in Kansas City, Kansas — great health care and excellent broadband go hand-in-hand to deliver better patient outcomes at a cheaper price.  Every health care provider wants faster broadband to increase efficiency and reduce costs and medical care errors.  S.87 delivers the equivalent of just another metal filing cabinet and fax machine to the back office.  Allowing communities to build fiber broadband changes everything.

What has proven so perplexing to consumers across the state is how a bill written by and for the cable and phone companies that does not deliver a single new broadband connection is getting such love and care from a legislature that is supposed to represent the interests of voters, not multi-billion dollar out of state corporations.  It confuses some of America’s high tech companies as well, including Google, Alcatel-Lucent, and Intel.  They’ve all signed a joint letter opposing H.129/S.87.

In fact, one of the reasons Google picked Kansas City, Kansas for its 1Gbps network is the friendly working relationship it has established with local utilities, which are all owned by the community of Kansas City.  It no doubt speaks volumes to Google that the North Carolina legislature would rather be at war with their towns and cities for the benefit of Time Warner Cable, AT&T and CenturyLink, than allowing communities to build their own broadband networks.  At a time when the FCC has ranked North Carolina worst in the nation, members of the Senate are being asked to guarantee that will remain so for years to come.

So What Should I Do?

Get on the phone -and- e-mail your state senator and demand a NO vote on S.87. If you are shy, you can call before or after business hours and leave a message on their voicemail. It takes less than five minutes.  Your calls make a huge difference because so few constituents ever call state legislators.  Here are your talking points:

Apodaca

1.  At a time when we need all the broadband improvements this state can muster, S.87 destroys those efforts for the benefit of a handful of out of state phone and cable companies. It’s classic protectionism — the same companies that helped write this bill are fully exempted from its onerous requirements.  The practical reality for rural North Carolina is either waiting for existing companies to deliver service they were always free to provide (and won’t), or allowing communities to do it themselves where appropriate.  Why should rural North Carolina have to depend on out of state corporations for basic broadband service many still don’t have?

2.  Not a single company has been harmed by community broadband projects in North Carolina.  In fact, it has created incentive to improve products and services while keeping prices stable, a welcome relief for consumers enduring annual rate increases far outpacing inflation.  Why is the state Senate trying to pass legislation that will guarantee higher bills and worse service?

3.  North Carolina’s fiber networks are not economic failures risking taxpayer dollars.  In fact, protections for taxpayers are already a part of the state code.  The General Assembly has already established: (1) rules governing Public Enterprises (NCGS Chapter 160A, Article 16); (2) strict rules in the Budget and Fiscal Control Act governing all municipal budgets and expenditures, including hearing and disclosure requirements (NCGS Chapter 159, Article 3); and (3) strict oversight of municipal borrowing by the Local Government Commission (NCGS Chapter 159).  S.87 attempts to micromanage public projects to the point where they simply cannot function and pay off bondholders and will, for future projects, ensure they never get off the ground.

4.  Now that the FCC ranks North Carolina dead last in broadband, isn’t it be time to allow new entrants to shake up the market and deliver some competition? Since when is legislating for less broadband better for this state?  The communities of Wilson and Salisbury now have the tools to compete with any wired city in America to attract new digital economy business and jobs.  S.87 sends exactly the wrong message — telling business the state wants to wait for the cable or phone company to eventually (if ever), deliver service other states now take for granted.  Businesses cannot wait.  We cannot wait.

5.  Provisions of this bill are unconstitutional.  By placing illegal regulatory burdens on only public providers of communications services (defined broadly) H.129/S.87 will harm municipal convention centers, public safety networks, smart grid systems, tower leasing contracts, and even make seemingly free public Wi-Fi networks vulnerable to lawsuits if the large incumbents want in on those services.

6.  The only real level playing field in broadband is the one that already exists without S.87.  Tell your senator you are tired of seeing these cable company-written bills come up in the Legislature year after year when the state has more important matters to worry about.  Time Warner Cable will do just fine without S.87, just as they do well in every other state where these kinds of bills would never get passed into law (or even proposed).

Senate Representation By County

2011-2012 Session

(click on your member’s name for contact information)

In an upstate New York match-up, the Rochester/Finger Lakes region scored dead last in broadband speed and value, according to data from Broadband.com.

Why are broadband speeds so much lower in the Flower City?  Blame Frontier Communications, which continues to pitch its decade-old DSL product, delivering an average speed of 4.45Mbps, while other upstate cities enjoy access and competition from Verizon’s fiber to the home network FiOS.  Frontier DSL actually often costs more, after taxes and fees, than Time Warner Cable’s much-faster cable broadband product, Road Runner, which rates an average download speed of 12.77Mbps in Rochester.  Frontier does manage to pull one win — higher upload speed DSL providers can often achieve in cities where cable operators keep upstream speeds as low as possible.

Time Warner Cable has dragged its feet upgrading broadband service in the area to its DOCSIS 3 platform other upstate cities have had since last year.  DOCSIS 3 should arrive within the next 4-8 weeks, which should boost broadband speeds, but may not deliver lower broadband prices because of Frontier’s uncompetitiveness in the area.

(Source: Broadband.com)

The top city in upstate New York for download speed is the state capital, Albany.  But Buffalo wins the contest for upload speed thanks to aggressive competition for Time Warner from Verizon in the Queen City.  Buffalo also pays the least for service — nearly $5 less per month than residents in Rochester pay on average.  Syracuse scores in the middle — but closer in terms of speed and value to other Verizon-served cities.

Slow and expensive broadband service can hamper economic development and costs consumers more.  Unfortunately, there are no signs Frontier Communications has plans to do anything differently in its largest service area — a classic driver of the accelerating number of customers calling to pull the plug on their landline service.

Time Warner Cable's Road Runner vs. Frontier Communications' DSL (Speeds are downstream/upstream; Source: Broadband.com)

Netflix continues to get a lesson on broadband economics from the Internet Service Providers out to scare their customers away from spending too much time watching the company’s online streaming service.  As some Canadian ISPs lowered usage caps in response to Netflix’s imminent arrival, the video streaming service just announced it was letting customers turn down the bit rate of online videos to conserve their monthly usage allowance.

Neil Hunt, Netflix Chief Product Officer, told customers about the bit rate reduction in a company blog post:

Starting today, watching movies and TV shows streaming from Netflix will use 2/3 less data on average, with minimal impact to video quality.

Now Canadians can watch 30 hours of streaming from Netflix in a month that will consume only 9 GBytes of data, well below most data caps.

We made these changes because many Canadian Internet service providers unfortunately enforce monthly caps on the total amount of data consumed.

In the past, viewing 30 hours of Netflix could consume as much as 70 GBytes, if it was all in HD, and typically about 30 GBytes. While there is some lessening of picture quality with these new settings, the experience continues to be great.

Video compression reduces data consumption, but also sacrifices video quality and enjoyment. An example of high video compression on the left can be more than noticeable.

Unfortunately for Hunt, providers can continue to lower data caps to the point where Netflix would have to present their video library as a slideshow to keep customers under their limits.

Stop the Cap! responded directly to Hunt imploring Netflix to get involved in the battle that consumers have thus far fought alone:

While some customers appreciate Netflix for turning down the video bitrates, I am here to tell you it’s not nearly enough.

For nearly three years, our consumer group — Stop the Cap! has fought Internet Overcharging schemes in both Canada and the United States.

Whether it’s Bell’s proposal to eliminate flat rate broadband across all of Canada, Time Warner’s 2009 pricing experiment to limit broadband users to just 40GB of usage per month, or AT&T’s 150-250GB cap taking effect this spring, your competitors are on a mission to scare customers away from using your online video streaming service.

[…] The fact is, Netflix MUST engage in this fight. Consumers cannot do it alone, especially when up against billion dollar companies spending millions on lobbyists trying to convince lawmakers usage caps are about “fairness” when they are really about monetizing broadband traffic and scaring off cord-cutting.