Rosenworcel

Significant, days-long outages of wireless cell, wireline, and 911 service in the aftermath of Hurricane Harvey are prompting a FCC commissioner to ask how things could go better the next time, even as Category 5 Irma is expected to head for Florida this week.

Democratic Commissioner Jessica Rosenworcel believes the FCC should look closely at the impact of Harvey on telecommunications networks in southeastern Texas and Louisiana and see what improvements can be made.

“As we begin to assess Harvey’s horrible toll on human life and property, we will need to take stock of what worked, what didn’t, and how we can improve when it comes to our communications infrastructure,” Rosenworcel said. “As we have done in disasters in the past, the Commission will need to study this hurricane and issue a report. That report must include a full plan for fixing the vulnerabilities that we are finding, from overloading 911 systems to out-of-service cell sites.”

Rosenworcel is also urging the Commission to insist that providers replace damaged telecommunications networks with better, more capable networks.

“[The study] should also include a framework for rebuilding so that the communities that have been impacted are not permanently relegated to the wrong side of the digital divide,” Rosenworcel urged. “Above all, we need to get started. We don’t have time to waste, because we know that weather emergencies can occur anywhere at any time, and learning from what happened with Harvey can help strengthen our communications networks and save lives.”

A week after the storm, telecommunications networks in the area affected by Harvey are still experiencing problems, although most cell service has been restored. The worst affected areas are in Aransas, Tex., where four of 19 cell towers are out of service and Orange, Tex., where 13 out of 85 cell towers are not working as of this morning.

Category 5 Irma projected to affect Florida.

There are at least 153,850 subscribers (down from at least 158,086 yesterday) out of service in the affected area. This includes users who get service from cable system or wireline providers.

Cable ONE announced last week that it will be waiving billing for its Texas Coast customers impacted by Hurricane Harvey for the duration of the storm until services are restored. The company also will not be charging customers for equipment damaged during the hurricane.

“Our thoughts and prayers are with the Texas and Louisiana communities that have been ravaged by Hurricane Harvey,” said Julie Laulis, president and CEO of Cable ONE.  “We urge all of our customers to stay safe and continue following the directives of local public safety officials as response and recovery efforts begin.”

Cable ONE’s disaster recovery plan is underway as teams review and map fiber breaks, assess damage to impacted plant and equipment, and assist and coordinate with other organizations to begin the process of repairing and rebuilding.

“We will do everything we can to restore service to every one of our affected customers as quickly as possible, including deploying additional technicians and resources,” Laulis said. “Our priority, after first ensuring the safety of our associates, is to continue to serve our residential and business customers during and after the hurricane.”

There are 5 (2 down from yesterday) radio stations out of service. Those are all in Texas – KFNC, KTXB, KKWV, KRVT, and KAYK.

Two television stations went off the air over the weekend but have now been restored as of this morning. KBTV is back at reduced power and KFDM is operating from a backup transmitter.

Emergency 911 service is back up and working normally in most parts of the region with these exceptions:

• 911 Calls Rerouted With No Automatic Location Information (ALI): Refugio County SO, Tex.
• 911 Calls Rerouted With ALI: Harris County Neutral SO, Tex.; Houston EC Training, Tex.; Port Aransas PD, Tex.; and West Columbia PD, Tex.

The Boston Globe has joined a parade of media outlets concerned about the future of local news that could be affected if Sinclair is successful in winning approval of its acquisition of Tribune Media’s 42 television stations, calling Sinclair a “behemoth” and the deal “a matter of urgent concern.”

Sinclair is already the largest owner of local television stations in the United States, and its proposed $3.9 billion purchase of Tribune would turn it into a behemoth, with access to more than 70 percent of American households.

An expansion of that size isn’t in the public interest, and federal regulators should move to block it. If they fail to act, state attorneys general should step up and attempt to stop the merger. Sinclair, which already has stations in Rhode Island and Maine and is looking to expand into Connecticut, has a history of slashing staff and requiring its stations to share content — reducing local news coverage in the process.

The network also requires its stations to air centrally produced, conservative-leaning segments. There are daily missives, for instance, from the “Terrorism Alert Desk” — including one piece on the French controversy over “burkinis,” apparently deemed a terrorism-related story simply because it involved Muslims. One election package suggested voters shouldn’t back Hillary Clinton, in part, because of the Democratic Party’s proslavery history. And Sinclair hired former Trump surrogate Boris Epshteyn as its chief political analyst.

[…] Sinclair’s expansion also raises classic anticompetitive concerns. A larger company will be able to demand bigger fees from cable providers retransmitting their broadcasts — costs that will eventually be passed on to consumers. […] There are other ways to prevent large cable companies from throwing their weight around. Unfortunately, the Trump administration’s Federal Communications Commission doesn’t seem interested in implementing them. Indeed, Trump’s FCC and Department of Justice don’t seem interested in much regulation at all.

The FCC docket asking for public comment on the transaction has attracted plenty of opposition to the deal from industry groups, lobbyists, competitors, consumer groups, and members of the public.

Copps (Image: Peretz Partensky)

“Sinclair has failed to explain how this multi-billion dollar merger could possibly be in the public interest,” said Computer & Communications Industry Association President Ed Black. “Even more, allowing this centrally controlled broadcast behemoth that has a history of cutting local news staff and adversely affect independent, local TV stations, would be detrimental. Anyone who values decentralized government control, states’ rights and independent voices should oppose this merger that would harm citizens and weaken our democracy. It’s a concern that a merger that would be so harmful to rural areas, independent news stations and citizens could even be considered. The FCC should reject this takeover proposal outright, and Congress needs to hold hearings to more thoroughly understand the media landscape and how critical independent local broadcast stations are in a democracy.”

“We believe this merger as proposed is unlawful, not in the public interest and should be rejected,” said Matthew Polka, CEO of the American Cable Association. The ACA represents over 700 small independent telecom companies, primarily serving suburban and rural communities.

“It would turn Sinclair into the nation’s largest broadcast conglomerate and lead to higher prices, more station blackouts, less choice, and less local news for millions of consumers,” said Dish Network in its petition to deny the merger.

Even a former FCC commissioner has spoken up against the deal.

Sinclair “comes with an ideology that is far more focused on conservative points of view than any sense of balance or any deep-dive journalism,” said Michael Copps, a former FCC commissioner and special adviser to Common Cause. “No one company should have such power over the news and information that citizens must have if they are going to cast intelligent votes and practice successfully the art of self-government.”

Evacuations continue in Houston.

Nearly 190,000 cable and telephone customers in southeastern Texas and Louisiana remain without service as a result of the aftermath of Hurricane Harvey, which is still meandering offshore in the Gulf of Mexico near the Louisiana/Texas border. Service outages are continuing to increase in number, primarily as a result of severe flooding.

As of this morning, according to the Federal Communications Commission, 364 cell sites are out of service, 4.7% of the total number of cell sites in the affected area, up from 4.1% yesterday. The counties with greater than 50% of cell sites out are Aransas (94.7%), Calhoun (74.1%), and Refugio (84.6%) in Texas. Plaquemines is the only county in Louisiana reporting any cell sites out.

To assist customers, wireless companies are offering freebies for the duration of the storm and flooding (thanks to DSL Reports for gathering the data):

• AT&T: Offering unspecified bill credits until Sept. 1 for AT&T prepaid and postpaid customers in impacted areas for any voice, texting, or data overages.
• Sprint: Free texting, phone calls to southeastern Texas, southwestern Louisiana until Sept. 1.
• T-Mobile: Free texting, phone calls to southeastern Texas, southwestern Louisiana until Sept. 1.
• Verizon Wireless: An additional free 3GB of data for customers in “qualified Texas counties” until Sept. 8.

At least 189,487 Comcast and AT&T customers are out of service, up from at least 148,565 yesterday. Landline central offices are also increasingly failing. As of today, there are 19 offices out of service (up from 11 yesterday) and 22 (up from 21) switching offices now operating on backup power. Because of the outages, Comcast has opened its XFINITY Wi-Fi network for free access to everyone in affected storm areas.

There are nine area radio stations off the air, the same number as yesterday. KJOJ-FM went back on the air, but KMKS failed in the last 24 hours. The other affected stations — all in Texas — are:

KKTX, KUNO, KPRC, KKWV, KAYK, KZFM, KKBA and KEYS.

911 services are being restored in some areas, but have gone down or are degraded in others. As of today, here is the current list:

• 911 Service Down: Calhoun County Sheriff, Tex.
• Rerouted 911 Without Automatic Location of Caller Information: Aransas County SO, Tex.; Bee PD, Tex.; Beeville PD, Tex.; Harris Country Neutral SO, Tex.; Jackson County SO, Tex.; Kemah PD, Tex.; Kingsville PD, Tex.; Kleberg County SO, Tex.; Mathis PD, Tex.; Port Aransas PD, Tex.; and Robstown PD, Tex.
• Rerouted 911: Aransas Pass PD, Tex.; Gonzales County SO, Tex.; Port Lavaca, Tex.; Robstown PD, Tex.; Victoria PD, Tex.; and Wilson County SO, Tex.

Downtown Houston

Telecommunications services are straining across southeastern Texas and Louisiana after Hurricane Harvey’s remnants have caused unprecedented flooding across the region.

More than 50% of cell sites in Aransas, Calhoun, Refugio, and San Patricio counties in Texas are down as a result of electric outages and wind/water damage caused by Hurricane Harvey and its aftermath. Worst affected is around Rockport, in Aransas County located on the Gulf of Mexico. Just one cell tower in that county remains in service. In Calhoun County, only four cell towers remain functional.

911 services have strained as a result of the storm, with the city of Houston receiving as many as 75,000 calls a day. But in other parts of the region, 911 outages and other problems have forced officials in more than a dozen cities to route incoming calls to other 911 centers in the state:

• 911 Service Down: Portland Police Department, Tex.
• Degraded 911 Service: Calhoun County Sheriff, Tex.
• Rerouted 911 Without Automatic Location Information: Aransas County SO, Tex.; Bee PD, Tex.; Beeville PD, Tex.; Kingsville PD, Tex.; Kleberg County SO, Tex.; Mathis PD, Tex.; Port Aransas PD, Tex.; Refugio County SO, Tex.; and Ingleside PD, Tex.
• Rerouted 911: Aransas Pass PD, Tex.; Cameron Parish SO, La.; Richmond PD, Tex.; Robstown PD, Tex.; Victoria PD, Tex.; and Wilson County SO, Tex.

There are at least 148,565 wired subscribers out of service in the affected area. This includes users who get service from Comcast and other cable systems, AT&T and other wireline phone companies. There are 11 landline switching/central offices out of service and 21 offices on back-up power.

There are 9 radio stations out of service, all in Texas:

KJOJ-FM, KKTX, KUNO, KPRC, KKWV, KAYK, KZFM, KKBA and KEYS.

As a result of the storm, the Federal Communications Commission activated its Disaster Information Reporting System, which asks providers to report outages so the FCC can track the status of telecommunications networks in disaster areas.

More than two feet of rain has fallen — more than six months of average precipitation in the Houston area — in two days.

AEI: If you bought broadband service, that means you like your service and don’t need or want anything better.

The American Enterprise Institute wants the FCC to judge to quality of America’s broadband based on what customers are able to buy today and how much they are willing to pay to get it.

Section 706 of the Telecommunications Act of 1996 requires the FCC to report to Congress whether broadband “is being deployed to all Americans in a reasonable and timely fashion.” As part of that process, the FCC must determine if Americans are getting internet connections capable of providing “advanced telecommunications capability.”

If the FCC reports to Congress that the country’s biggest telecom companies are letting their customers down with inadequate service or no service at all, that can create conditions for the FCC to step in and start insisting on more competition and oversight as well as setting benchmarks for providers to meet. If the report shows that broadband service is adequately provided, the FCC need not regulate, and in some cases such a finding will fuel calls to further deregulate the industry by getting rid of “unnecessary regulation.”

Not surprisingly, findings since 2001 have varied depending on which political party holds the majority on the Commission. Under President George W. Bush, the FCC consistently found broadband service was being adequately deployed to Americans. The FCC also set the bar pretty low on broadband speed, claiming anything at or above 4/1Mbps service constituted “broadband.” That definition comfortably accommodated DSL service from the phone companies.

Wheeler – Argued for better broadband and more competition.

During the Obama Administration, the FCC set the bar higher. With dissent from the Republican minority, the FCC raised the minimum speed that could be defined as broadband to 25/3Mbps, immediately excluding most DSL and wireless connections. In 2015, former FCC Chairman Thomas Wheeler specifically excluded satellite and wireless connections from that formula, despite objections from FCC Commissioner Ajit Pai. Particularly under Wheeler’s watch, the Democratic majority frequently complained about inadequate broadband and competition, and used Section 706 as its authority to override state laws in North Carolina and Tennessee that placed onerous restrictions on municipal broadband networks. Wheeler felt such laws were anti-competitive, but the courts ruled the FCC exceeded its authority and overturned his pre-emption orders.

Under the Trump Administration, FCC Chairman Ajit Pai seems to be headed down a similar path taken during the Bush Administration, which was optimistic about the state of broadband service and, as a result, applied a lot less pressure on the telecommunications industry.

Chairman Pai is seeking to overturn current Net Neutrality regulations and seems ready to support efforts to undermine the broadband speed standard established by his predecessor. That would allow mobile/wireless companies to offer 10/1Mbps speed and have it qualify as broadband service. Even better, ISPs — wired or wireless — would be considered “competitive” in many cases, even if only one provider offered service in the area.

Pai’s proposal was met with serious objections from Democratic Commissioner Mignon Clyburn who claimed even the current 25/3Mbps standard no longer met the definition of “advanced telecommunications capability.”

“The statute defines advanced telecommunications capability as broadband that is capable of ‘originat[ing] and receiv[ing] high-quality voice, data, graphics, and video telecommunications. High-definition video conferencing is squarely within the rubric of ‘originating and receiving high-quality… video telecommunications,’ yet the 25/3Mbps standard we propose would not even allow for a single stream of 1080p video conferencing, much less 4K video conferencing. This does not even consider that multiple devices are likely utilizing a single fixed connection, or the multiple uses of a mobile device.”

<

div id=”attachment_954762″ class=”wp-caption aligncenter”>

Pai: Wants broadband providers and the competitive marketplace to determine whether broadband is good enough.

AEI dismissed the entire debate, claiming the only people who will respond to the FCC’s request for comments on the subject will be “pundits, special interests, and companies with skin in the game.”

Instead, AEI proposes the FCC rely on watching customers navigate their broadband options — a monopoly for some, duopoly for many others — and only address problems if something unusual emerges. AEI’s test is to see if “a location or demographic is inexplicably different and purchases less than would be expected.”

If something odd does happen in a particular area, AEI argues there could only be two reasons for that:

• Barriers to competition;
• Outdated government regulations and policies standing in the way of progress.

Missing from AEI’s list of possibilities is the presence of an abusive monopoly provider, a comfortable duopoly among two providers with no interest from a third competitor to enter the market, or an area served by two lackluster providers that won’t invest in their networks.

AEI’s test depends entirely on gathering data about what internet services are available for sale in any particular area now and then study who is buying what. But this does not measure customer satisfaction or consider whether those speed tiers and prices are adequate.

Under AEI’s test, “if a geographic area does not have broadband, the FCC could use the results of its customer study to determine what customers in the area would likely find valuable. Then, the FCC could do a cost-benefit study and an economic feasibility study — and conduct a reverse auction if a subsidy is potentially needed — to determine what, if any, financial incentive might be appropriate for the area.”

In other words, the same think tank that has been on record for decades opposing government subsidies to private companies now wants to offer telecom companies government funding to build what would become largely unregulated privately-owned broadband networks that would run with little or no oversight.

AEI’s willingness to let “customers express their opinions through their purchases” is hardly an adequate replacement for current broadband policies designed to keep the U.S. competitive with the rest of the world and ensure adequate service and competition. As any cable subscriber knows, you can subscribe to Comcast or Charter/Spectrum and still loathe your options and want something better. AEI doesn’t appear interested in seeing you get those options, much less preserve what little oversight, consumer protection, and broadband benchmarks we have now. Neither does current FCC Chairman Ajit Pai.