One of the conditions Comcast had to agree to as part of its multi-billion dollar deal to acquire NBC-Universal was to throw a bone to some of America’s poorest households by offering discount Internet access for three years.  Comcast agreed and is rolling out low-speed Internet at a discount in time for the upcoming school year.

“Comcast Internet Essentials,” is the ultimate in bare-bones Internet.  For $9.95 a month, customers in Comcast service areas will get 1.5Mbps download speed and 384kbps upstream, with the usual 250GB usage limit Comcast applies to everyone.  But not just anyone can qualify.  Comcast has limited the program only to households with at least one child qualified to receive free (not discounted) school lunches under the National School Lunch Program.  So if your income-challenged household doesn’t include children, or you pay for your own school lunches, you are out of luck.

Comcast is also denying access to anyone who has had any level of Comcast Internet service within the last 90 days.  So if you’ve scraped enough money together to pay Comcast’s regular prices, the cable company is not going to give you a break.

If your kids graduate or are removed from the school lunch program, your inexpensive Internet service goes with it.

If you have been late on a Comcast bill, or owe the company for unreturned cable equipment, you also cannot receive the service.

The company will also provide vouchers for a “discounted laptop” for $150 — a computer that turns out to be a netbook.  At least it comes with Windows 7 (Starter Edition).

Comcast requires would-be customers to start with an application, available by phone, at 1-855-8-INTERNET (1-855-846-8376).  The merger approval agreement required Comcast to provide the service for three years.  Guess what happens to it when the requirement ends.  No matter — Comcast is turning the entire affair to its public relations advantage, showing up on various media outlets promoting the program as if Comcast thought it up on its own.  Not quite.  We have three questions:

1. How many consumers would sign up for the service if Comcast offered $9.95 1.5Mbps to anyone who wanted it?
2. How many might consider downgrading their current service for something less expensive, especially if they are only interested in occasional web browsing?
3. Will the “digital divide” Comcast decries today be magically gone at the end of three years, when they quietly drop the program?

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/KRIV Houston Comcast Internet Essentials 8-8-11.mp4[/flv]

KRIV-TV in Houston explores the various conditions Comcast places on its Internet Essentials program.  (2 minutes)

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/CNN Low Cost Internet 8-10-11.flv[/flv]

Comcast’s David Cohen appeared on CNN promoting Comcast’s Internet Essentials as a way to “bridge the digital divide” — a disparity of access American ISP’s originally created with their excessively high-priced Internet services. (3 minutes)

For the past two years, we’ve watched a lot of expansive fiber broadband projects get promoted by local media as broadband nirvana for individual homes and businesses that are either stuck with molasses-slow DSL or no broadband at all. Now, we’ve found another, sold by Springfield, Mass. media as salvation from Verizon’s ‘Don’t Care’ DSL for western Massachusetts.  But will the 1,300 miles of fiber actually reach the homes that need a broadband boost?

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WSHM Springfield Broadband in Berkshires 7-26-11.mp4[/flv]

WSHM-TV in Springfield covered the start of MassBroadband 123’s fiber optic project as the solution to rural broadband woes in western Massachusetts.  But most residents won’t actually get to use the new network, at least initially.  (2 minutes)

Last month, Gov. Duval Patrick joined public officials and firefighters at the Sandisfield Fire Department to kick-off construction of the MassBroadband 123 fiber-optic network project to expand broadband access to more than 120 communities in western and north central Massachusetts.

MassBroadband 123 Service Area (click to enlarge)

“For too long, families and businesses in western Massachusetts have lived without reliable and affordable high-speed Internet access,” said Governor Patrick. “Today, as we commence the installation of more than 1,000 miles of fiber-optic cable across the region, we start the critical final step in delivering broadband access to everyone. The digital divide in Massachusetts is about to close.”

Don’t hold your breath.

Don’t get me wrong.  The Massachusetts Broadband Institute means well.  Judith Dumont, the group’s director, is well-aware of the challenges rural Massachusetts has getting 21st century broadband.  She’s helping to oversee the construction of an enormous middle-mile, fiber backbone network that will eventually reach those ten dozen communities.  But much of the funding for the project precludes the possibility of directly wiring that fiber to the people who actually need it.  The incumbent providers’ lobbyists have seen to that, broadly warning it would represent ISP Socialism to allow government money to deliver service to homes and businesses — customers they themselves claim to be committed to serve.  But ask any resident in Sandisfield how well they manage that.

Gov. Patrick splices fiber cable at inauguration ceremony for fiber expansion project. (Courtesy: MBI)

A good part of upgraded broadband on the way in the Berkshires will be provided to government institutions like local government, public safety, schools, and libraries.  There is nothing wrong with that either, but when local media blurs this distinction into belief fiber-fast Internet access is on the way to Mr. & Mrs. Jones living on Maple Street, they do a real disservice to the cause for better broadband.

Dumont optimistically believes that opening the state’s fiber network to incumbent providers on a wholesale basis will dramatically help the pervasive problem of reaching rural customers.  Unfortunately, this has simply not been our observed experience watching these projects develop.  The “last mile” problem doesn’t get solved with the existence of a middle mile network, because providers are rarely willing to invest in the construction costs to wire the unwired.  Political and business matters too often get in the way.

Cable companies frequently boycott participation in these networks, and phone companies like Verizon Wireless -may- utilize them for backhaul connectivity to their cell towers, but don’t expect to see lightning-fast Verizon FiOS fiber to the home service springing up anytime soon in western Massachusetts, even if fiber connectivity is provided just a mile or so up the street.  If they didn’t build it themselves, many providers just are not interested.

“Last mile” is often the most expensive component in a broadband network.  It’s the part of the project that requires digging up streets and yards, stringing cables across phone poles, and literally wiring the inside and outside of individual homes and businesses.  Verizon FiOS works in densely populated areas where large numbers of potential customers are likely to deliver a quick return on investment in the network.  But Wall Street has always disagreed, declaring the capital costs too high to make sense.  AT&T won’t even match Verizon’s commitment, relying instead on fiber-to-the-neighborhood networks that deliver access over a more modern type of DSL, delivered on fiber to copper wire phone lines already in place.  That’s their way of not spending money rebuilding their own last mile network.

Wireless ISPs are expected to take advantage of the state's new middle-mile network.

If any part of the broadband network in rural America needed subsidies, the “last mile” is it.  But Washington routinely delivers the bulk of federal assistance to the construction of middle mile networks and institutional broadband that doesn’t deliver a single connection to a homeowner or business.  That suits incumbent providers just fine, judging from their lack of interest in applying for broadband subsidy funding made available two years ago and their hard lobbying against community broadband networks, or anything else smacking of “competition.”

Thus far, the limited grants that are available for “last mile” projects require substantial matching funds and are often limited to $50,000 — a ridiculously low amount to solve the “last mile” challenge.  Those trying are primarily fixed wireless providers valiantly attempting to serve the areas DSL and cable forgot, but deliver woefully slow speeds at incredibly high prices.  WiSpring, one such Wireless ISP, wants to expand coverage with the help of the new fiber network.  But their top advertised wireless speed for residential customers is 1.5Mbps, and that will set you back $100 a month after a $500 installation charge.  Oh, and their customer agreement limits use to 25GB per month with a $10/GB overlimit fee.  That’s hardly the kind of broadband solution a multi-million dollar fiber network should bring to individual consumers.  It’s as frustrating as filling a pool, one cup of water at a time, with an eye-dropper.

Now imagine if a quarter of the state’s $40 million investment in broadband — $10 million, was spent physically wiring individual homes with fiber broadband.  Would that make a bigger splash in the lives of ordinary consumers than a middle mile network they cannot directly access?  Is construction of a state-of-the-art fiber network a good investment when many of the providers scheduled to use it are Wireless ISPs delivering bandwidth suitable for e-mail and basic web browsing only?

In West Virginia, we learned last month the state is swimming in middle mile stimulus grant money it can’t spend fast enough on behalf of institutions — many who either already have super fast service or can’t afford the Cadillac pricing that represents the ongoing service charges not paid for by grant funds.  Is this a good way to spend tax dollars?

Communities large and small need to think big when it comes to broadband.  Building a middle mile network does not by itself solve the access problem.  It’s a fine start, but absolutely requires a follow-up commitment to solve the last mile problem.  Here are our recommendations:

1. Demand the federal government eliminate restrictions on the kinds of network projects that can built with stimulus funds, especially those that prohibit investment in last-mile networks;
2. Don’t believe for a moment large cable and telephone companies will bring better broadband to consumers just because you have a middle mile network.  Historically, they have lobbied hard against last-mile projects they do not own or control, and fund conservative political groups to oppose your community’s right to develop and govern your own broadband future;
3. If incumbent providers won’t provide the service your community needs, consider exploring the possibility of doing it yourself.  Just as MBI contracts the wholesale part of its service out to a third party to administer, nobody says the village clerk has to be a billing agent for a community broadband service that directly serves your residents;
4. Involve local citizens in rallying for better broadband instead of sitting around and waiting for the local phone or cable company to provide it.  They won’t.  It’s a simple matter of economics for them – will they get a sufficient return on their investment within five years? If not, you are not getting improved broadband.  That works for them but doesn’t work for your community, and providers have made it clear most of the networks they intend to build are already built.  That leaves a lot of communities behind.
5. While wireless may be an answer for the most rural or difficult-to-reach homes, it is not a realistic solution for 21st century broadband inside village or town limits.  Wireless networks often lack the capacity to sustain the growing demand for multimedia, high-bandwidth content that is becoming more important for today’s online experience.  When a provider limits usage to 25GB a month, that’s a big problem for any community that will soon find itself stuck in a broadband swamp while the rest of the country passes it by.
6. The biggest financial challenges seem to come to those who think small about broadband projects.  Don’t rely on yesterday’s technologies for tomorrow’s networks.  Fiber-based broadband will deliver the best bang for the buck and is infinitely upgradable.  That’s why rural phone companies and cooperative telecom providers are constructing fiber networks themselves.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WGBY Springfield The State Were In Judith Dumont 7-11.mp4[/flv]

WGBY-TV in Springfield talked with Judith Dumont about western Massachusetts’ broadband future.  (19 minutes)

Despite today's setback, North Carolina's broadband hero is Rep. Bill Faison, who stood up for rural broadband.

In the North Carolina legislature’s Finance Committee, a one week timeout “to hear views from the public” actually means giving breathing room for cable and phone lobbyists to strip away surprise amendments not to their liking.  This morning, in a catastrophe for consumers, the state’s largest phone and cable companies got legislators to wipe out a provision that would have helped guarantee rural North Carolina at least 4Mbps broadband service, either from existing providers or new ones that develop in their absence.

During debate of H.129, the anti-Community Broadband bill, North Carolina consumer interests were kept out of sight and mind as lobbyists worked their magic to get rid of Rep. Bill Faison’s (D-Caswell, Orange) amendment that would set the state’s minimum acceptable definition of broadband at 4Mbps with a 1Mbps upload speed.  With the help of several flip-flopping representatives, they got their wish.

Faison’s amendment was designed to open the door to someone — anyone — to bring broadband into rural areas of the state.  While Time Warner Cable, AT&T, and CenturyLink dawdle, large numbers of rural residents simply go without any broadband service.  Faison’s amendment was simple and reasonable — if at least half of an area is not served with 4/1Mbps service, provisions should be made to allow local communities, if they wish, to establish service themselves to get the job done.

Last week, when Faison’s amendment appeared to be headed for incorporation into the bill, industry lobbyists blanched and fled the room, raising vocal objections and demanding a week timeout before a vote was taken.  After winning their reprieve, they managed to get the Republican majority in line to throw rural North Carolina under the bus, uniformly opposing Faison’s amendment.  Two Democrats, one representing the city where Time Warner Cable’s regional division is headquartered, joined them.

Hall of Shame: Rep. Carney does not care about North Carolina's digital divide.

In its place, they substituted a new amendment which defined broadband in the state of North Carolina as any service occasionally capable of achieving 768kbps downstream and 200kbps upstream.  That represents “well-served” among these industry-friendly legislators.

Among the worst offenders that stood out today were Reps. Jeff Collins (R-Nash) and Becky Carney (D-Mecklenburg).  Last week, they were standing with North Carolina consumers.  This week, they are voting for the interests of the cable and phone companies.  Rep. Carney, who lists her occupation as “homemaker”, voted to guarantee North Carolina families years of slow, expensive and erratic broadband service, if available at all.  Collins supported an amendment that says Nash County residents should do just fine with broadband speeds that don’t even manage to break 1Mbps.

The bill next moves to the floor of the House for consideration.

What is missing from this debate is a realization on the part of the legislature cable and phone lobbyists do not want anyone delivering basic broadband service in rural North Carolina unless it comes from them, and to date they have shown no interest in delivering it.

After all the debate, here is a fact no one can ignore.  The only networks in the state capable of delivering world class 100Mbps broadband are two fiber based community-owned networks in Wilson and Salisbury.  The companies that want to see them out of business see 768kbps as more than adequate to define broadband availability in North Carolina.  When members of the Finance Committee agreed, it helps explain how the state has managed to rank 41st in broadband excellence.

It’s time to ask your legislators what side they are on.  Yours or the state’s cable and phone companies.

Powell

Former Federal Communications Commission Chairman Michael Powell has been hired as America’s top cable industry lobbyist — taking over as president of the National Cable & Telecommunications Association.

Powell’s tenure on the Commission started during the Clinton Administration after President Clinton signed the 1996 Communications Act into law, which brought sweeping deregulation and industry consolidation.  Powell’s appointment as one of two Republican commissioners came with an agenda for deregulation and competition.  Powell believed free markets were best equipped to manage telecommunications in the United States.

His regulatory record impressed President George Bush, who appointed him chairman of the FCC during his first term.  Powell’s service at the Commission was marked by good times for the telecommunications industry, which was rapidly consolidating even as it added new customers.  Broadband was a rapid growth industry and getting service to consumers was a priority.  Powell’s interest in broadband often walked over the interests of others regulated by the Commission.  Powell was a major proponent of the now-forgotten “broadband over power lines” concept, which alienated broadcasters and amateur radio operators because the technology used unshielded power lines which often reduced much of the AM and shortwave radio dial to a cacophony of digital noise where it was attempted.

Powell’s record was consistently pro-provider except in one area — he was a strong advocate of Net Neutrality, going as far as to fine Madison River Communications for blocking VoIP telephone service in 2005 – the first time the concept of Net Neutrality was enforced.

The NCTA is the cable industry's biggest lobbying group.

Later, he laid the foundation for a flawed mechanism to partially enforce Net Neutrality under an FCC policy that classified broadband as an “information service,” not a “telecommunications service.”  It was this policy that was the subject of a lawsuit by Comcast which objected to the policy framework as untenable and lacking in authority.  A DC Court of Appeals agreed and overturned the policy, setting the stage for the 2010 fight for Net Neutrality.

During the start of Bush’s second term, Powell left the FCC and quickly assumed membership on the Board of Directors at Cisco, an equipment manufacturer that also sells the theory of the “zettabyte era,” where a great wave of Internet usage could create Internet “brownouts.”  Cisco and other manufacturers have also closely aligned themselves with the large telecommunications companies who are among their best customers.

Powell today serves as “honorary co-chair” of the industry front group Broadband for America, perhaps America’s largest corporate astroturf telecom group supporting broadband policies favorable to the industry that pays for their operation, while purporting to represent consumer interests.

Kyle McSlarrow is the outgoing head of the cable lobby.

His assumption of leadership at the NCTA, replacing Kyle McSlarrow (who is headed to Comcast to run their DC lobbying operation) — a strong advocate of Internet Overcharging — is likely a natural fit for the cable industry agenda, with the exception of Powell’s “tarnished record” of supporting Net Neutrality.  But his anti-regulatory, pro-provider credentials go unquestioned by most in the industry.  The congratulatory well-wishes have come pouring in since the announcement earlier today:

Matt Polka, American Cable Association: “The American Cable Association congratulates former Federal Communications Commission chairman Michael Powell on his appointment as NCTA’s new president and CEO. Everyone in the independent cable community wishes Michael the very best in his new position, and we look forward to working with him on the issues that are important to both large and small cable operators.”

Brian Roberts, Comcast: “We are thrilled that Michael Powell has accepted the position as CEO of NCTA. As a former FCC Chairman and advisor to Providence Equity, Michael brings unprecedented government and business experience to his new position. Michael is respected by the leaders of both the Senate and House, Republicans and Democrats, as well as the Administration and the business community. The cable industry is fortunate to have him as the new leader of our trade association.”

Gordon Smith, Nat’l. Assn. of Broadcasters: “NAB salutes the NCTA for its outstanding choice of former FCC chairman Michael Powell as its new president and CEO. I got to know Michael well during my tenure on the Senate Commerce Committee, and always found him to be thoughtful, engaging and a tremendous public servant. Though NAB and NCTA do not always agree on every issue, we look forward to working with Michael in the months ahead on public policy issues where we might find mutual agreement.”

The revolving door never stops turning as regulators take jobs with the industries they used to regulate.

Among consumer groups, Media Access Project and Public Knowledge tried to start off on a good note.  Andrew Schwartzman from MAP has a long history disagreeing with Powell during his time at the FCC, but still calls him a friend and looks forward to sparring with him in the future.  Gigi Sohn from Public Knowledge said their group hopes he will “help the association realize the transition to a broadband economy will take many forms, as consumers wish to exercise choices of online services and service providers.”

Free Press was in no mood to ingratiate themselves with Powell.  Craig Aaron, Free Press Managing Director, issued a statement affirming this was indeed good news for the cable industry.

“If you wonder why common sense, public interest policies never see the light of day in Washington, look no further than the furiously spinning revolving door between industry and the FCC.

Former Chairman Michael Powell is the natural choice to lead the nation’s most powerful cable lobby, having looked out for the interests of companies like Comcast and Time Warner during his tenure at the Commission and having already served as a figurehead for the industry front group Broadband for America.

During his time as a public servant, Chairman Powell once dismissed the notion of a digital divide as no different from the Mercedes divide that afflicted him — after all, he said, not everyone who wants a Mercedes can have one.

Thanks in no small part to the policies he pursued at the FCC and to the cable lobby’s unyielding fight against any real competition in the broadband market, the digital divide is still with us. But today we can finally say, at least in Michael Powell’s case, that the Mercedes divide is closing.”

Avila’s bill, H129, is up for a vote early this afternoon.  If you live in North Carolina, this is your last chance to contact the members of the committee voting on the bill and encourage them to vote NO.  Tell them you are tired of these anti-competitive bills coming up year after year.  Let them know you support community broadband, that the bill does not exempt existing networks from its lethal regulatory requirements, and that there is no need for these kinds of bills, as local governments already answer to voters.

Rep. Marilyn Avila (R-Time Warner Cable) is getting significant blowback from some of her own constituents for introducing a bill that benefits a cable company, and almost nobody else.

Avila’s district extends into the northern part of Raleigh, the capital city of North Carolina.  Now, the city is making it clear it wants no part of Avila’s bill, H129, which will guarantee residents will continue to pay escalating cable bills year after year.

Raleigh’s City Council adopted a resolution opposing Avila’s legislation, written on behalf of Time Warner Cable.

H129 will destroy North Carolina’s community-owned broadband networks and prevent new ones from launching.

Council Member Bonner Gaylord, who authored the resolution, says passage of these kinds of anti-competitive bills would stop local governments from providing needed communications services, especially advanced high-speed broadband, and deny local governments the availability of federal grants under the American Recovery and Reinvestment Act to assist in providing affordable access to high-capacity broadband service in unserved and underserved areas.

North Carolina’s broadband rankings do not speak highly of the state’s existing broadband penetration, speeds, or pricing.  Large parts of western North Carolina lack broadband altogether, and what is available is often very slow speed DSL, often providing just 1.5Mbps service.  The mountainous western areas of the state are not well-reached by cable companies, and because of geographic and distance impediments, even telephone company DSL service is sporadically available.

Take Rockingham County, where the local government is pre-occupied with trying to find providers — any providers — to extend broadband service across the north central part of North Carolina.  Adjacent to Caswell County (which Stop the Cap! featured last year), it’s just one more example of how providers have ignored large sections of the state too rural, too poor, or too difficult for them to reach.

On Monday, Mark Wells, executive director for the Rockingham County Business and Technology Center, delivered a report to the county on his progress trying to get someone to provide service between the communities of Wentworth and Madison, which currently have no access to broadband.  Wells reports he is doing all he can to get CenturyLink, the area’s phone company, to step up and provide service, and the county is trying to see if Clearwire could extend service into the northern sections of the state.

Rockingham County, N.C.

Unfortunately, Clearwire has proved to be no broadband replacement, heavily throttling their customers to speeds that occasionally seem more like dial-up than actual broadband.

Rockingham County opposes H129 for the same reasons the city of Raleigh does.  The Board of Commissioners recognizes the broadband reality of northern North Carolina.  Unless local governments have a free hand to address the digital divide themselves, there will be no long-term solution for broadband availability in rural North Carolina.  That’s the message they are sending to their representatives in Raleigh.

Addressing the state’s broadband shortage requires public and private assistance.  Public governments can construct networks that require a longer window to pay off than private “return on investment” requirements allow, and private companies can access community networks to sell their services to the public they currently do not serve (or serve well).

But because companies like Time Warner do not want the competition, particularly from networks more advanced and capable than their own, they would prefer to see them shut down and banned — which is exactly what Avila’s bill would accomplish.

Last year, Sen. David Hoyle openly admitted Time Warner Cable wrote his bill.  There is little doubt the same is true for Avila’s bill this year.

The city of Raleigh, North Carolina

The city has an entirely different set of recommendations for Avila to consider:

1. The State of North Carolina adopt policies to encourage the development of high-speed broadband, including advanced, next-generation fiber-to-the-premises networks, in order to fully serve the citizens and advance education and economic development throughout the state;
2. The General Assembly provide incentives for both public and private development of high-capacity connections in order to handle rapidly growing data needs;
3. The General Assembly promote competition by curtailing predatory pricing practices that are used to push new providers and public broadband services out of the market; and,
4. The General Assembly reject any legislation similar to the Level Playing Field bills that would have a chilling effect on local economies and would impede or remove local government’s ability to provide broadband services to enhance economic development and improve quality of life for their citizens.

The resolution also noted that several North Carolina municipalities; including Wilson, Salisbury, Morganton, Laurinburg and Davidson, already have successfully launched local high-speed broadband networks in response to private provider’s unwillingness or inability to provide high-speed service “to serve the public and promote economic development in their respective areas.”