Commercial providers and their pals in the legislature will go to any length — even lie — to protect their cozy duopoly, charging high rates for poor quality service.

That fact of life has been proven once again in the state of Tennessee, where an effort to expand EPB Fiber — a community owned fiber network — to nearby communities outside of Chattanooga, was killed thanks to a lobbying blitzkrieg by Big Telecom interests.

The “Broadband Infrastructure for Regional Economic Development Act of 2011,” supported by chief sponsor House Majority Leader Gerald McCormick, (R-Chattanooga), is dead after telecom industry lobbyists unleashed a full court press to stop the legislation from passing into Tennessee law.

The bill would have permitted EPB and five other municipal electric services that have or are developing broadband infrastructure to expand service up to 30 miles outside of their service area, where appropriate, to meet the needs of businesses or consumers.

With the legislation, EPB could bring its 1 gigabit fiber broadband service to Bradley County, home to a future Amazon.com distribution center.  Amazon already operates a huge warehouse in Hamilton County, where it was able to obtain EPB’s super-fast broadband service.  According to Harold DePriest, EPB President and CEO, Chattanooga’s fiber network is helping sell the city as a high-tech mecca for business, where broadband connectivity is never a problem.

DePriest says EPB’s network has been a proven job-creator, and Amazon.com’s ongoing expansion in the region is just one example.

Chattanooga residents and businesses now have the fastest broadband service in the southern United States, at prices often far less than what the competition charges.  Expanding EPB’s success to other parts of Tennessee represents a major threat to the likes of Comcast and AT&T, the state’s dominant telecom companies.

EPB provides municipal power, broadband, television, and telephone service for residents in Chattanooga, Tennessee

Lobbyists fought the bill off with some whopper tall tales about the “horrors” of community broadband.

Some Republican lawmakers friendly to Comcast and AT&T’s point of view have bent their philosophical positions on government and regulation into logic pretzels.  One has even called for EPB to be regulated by Tennessee’s Regulatory Authority, a body many state Republicans feel is about as helpful as a tax increase.

Despite that, there was Rep. Curry Todd (R-Collierville) at a recent hearing telling fellow lawmakers EPB and other community providers should be regulated by the TRA to protect ratepayers from the “loss of tremendous amounts of money coming out of taxpayers’ pockets.”

Does Todd think Comcast and AT&T should also be regulated?  Of course not.  Nobody should protect consumers from AT&T’s and Comcast’s relentless rate hikes.  Todd cannot even get his facts straight.

After 19 months, EPB has 25,500 customers — far ahead of its projections, and is well ahead of its financial plan, according to DePriest.  So much for being a “financial failure.”

Rep. Curry Todd has trouble with the facts, but has no problem counting campaign contributions amounting to more than $12,000 from Comcast, AT&T, the state cable lobby and other telecom companies

On cue, the same cable industry that tried to sue EPB Fiber out of existence is now comparing the Chattanooga fiber network to Memphis Networx, a disastrous effort by that city to build a public-private wholesale fiber optic network only business and institutions could directly access.  It’s hard to earn critical revenue from consumers when you run a wholesale network.  Even harder when you build it just before the dot.com crash.

EPB sells its service directly to business and consumers, so it gets to keep the revenue it earns, paying back bondholders and delivering earning power.

Stop the Cap! reader John Lenoir notes some of the local tea party groups are also being encouraged to oppose EPB’s efforts to expand.

“Just as Americans for (Corporate) Prosperity is lying about North Carolina’s community broadband, these corporate front groups are also engaged in demagoguery over EPB in Tennessee,” Lenoir says.  “In addition to the usual claims EPB represents ‘socialism,’ the locals are also being told EPB wants to use their fiber network to run smart meters, which some of these people suspect are spying on them or will tell people when they can and can’t use their electric appliances.”

Lenoir in unimpressed with the telecom industry arguments.

“AT&T’s opposition is downright laughable, considering this company raised its rates on U-verse and will slap usage limits on every broadband customer in a few weeks,” Lenoir adds.  “We thank God EPB is here because it means we can tell AT&T to stick their usage limits and Comcast can take their overpriced (and usage limited) broadband somewhere else.”

Lenoir thinks EPB should embarrass both AT&T and Comcast, but since neither company feels any shame in his view, it’s more about business reality.

“Why do business with AT&T or Comcast and their gouging ways when you can sign up for something far better and support the local community,” Lenoir asks.

AT&T spokesman Chris Walker complains that the phone company is somehow faced with an unlevel playing field in Tennessee, despite the legislature’s repeated acquiescence to nearly every AT&T-sponsored deregulatory initiative brought before it.  The company wants a “level playing-field” statute like the very-provider-friendly (it should be — it was written by them) one currently before the North Carolina state Senate.

Comcast questions whether anyone needs 1 gigabit service, but the cable company’s Chattanooga vice president and general manager Jim Weigert told the Times Free Press it could deliver 1 gigabit service… to business customers… assuming any asked.

DePriest questions that, noting Comcast tops out its broadband service at 105Mbps, and only for downstream speeds.  Comcast upload speeds top out at 5Mbps.  EPB can deliver the same upstream and downstream speeds to customers and do it today.

[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)

A new report has found the home of America’s worst broadband service can be found in the state of North Carolina.

The Tar Heel State ranks dead last in the number of homes able to access the Internet at speeds the Federal Communications Commission defines as “broadband” — 4/1Mbps.  The report quotes from FCC figures that show only 10 percent of North Carolina households are receiving broadband service at speeds that equal or exceed 3Mbps downstream and 768 kbps upstream.  States traditionally thought to be bottom-ranked, including Mississippi and Idaho, are now doing better than the home of Research Triangle Park.

The report comes courtesy of the SouthEast Chapter of the National Association of Telecommunications Officers and Advisors (SEATOA), which is attempting to fight off efforts to stop individual communities from delivering the service big cable and phone companies refuse to provide in large parts of the state.

Where Time Warner Cable, AT&T, and CenturyLink do deliver service, customers pay dearly for it.  Broadband.com found most of America’s worst broadband values in North Carolina.  In fact, outside of prohibitively expensive Anchorage, Alaska, seven of the ten most expensive cities were in North Carolina, when measuring cost per megabit (see below for a better understanding of how this figure was computed):

America's Worst Broadband is in North Carolina (source: Broadband.com)

Comparatively, states in the northeast were meccas.  Sixty percent or more of residents in Delaware, Massachusetts and New Jersey have broadband at speeds the FCC now considers bare minimum.  In larger states: New York, 43 percent and Pennsylvania, 44 percent, broadband speed still scored higher despite the large rural sections of both states.  Verizon’s fiber-to-the-home network has compelled upgrades among cable company competitors to keep up with the benefits fiber optics bring.

But in North Carolina, only community-owned networks are delivering service comparable to that found in the increasingly-fiber-wired northeast.  Instead of committing to upgrades, large cable and phone companies are spending plenty lobbying to restrict and banish the improved service these networks provide in communities like Wilson and Salisbury.

SEATOA’s conclusion?  The current inadequate level of service coming from North Carolina’s cable and phone companies allows the state to fall further behind in America’s economic recovery.

More about how Broadband.com calculated the results can be found below the jump.

… Continue Reading

Each tiny light represents a single strand of optical fiber.

Verizon has achieved speeds of more than 1.5Tbps as part of a joint field trial with NEC Corporation of America.

The two companies conducted the trial across 2,212 miles of fiber in the Dallas area, successfully demonstrating three separate channels of data streams co-existing on just on a single strand of fiber.

“As we look to a future when data rates go beyond 100G, it’s important to begin examining how these technologies perform,” said Glenn Wellbrock, director of optical transport network architecture and design at Verizon. “This trial gives us a good first step toward analyzing the capabilities of future technologies.”

Verizon’s test placed three different high bit-rate data streams on a single strand of fiber.  Each respective “superchannel” ran at different speeds — 100Gbps, 450Gbps, and 1000Gbps — at the same time, with no significant degradation.

To put that in context, Google’s Fiber to the Home project in Kansas City, Kansas will operate at 1Gbps.  It would take more than 1,500 users fully saturating their Google Fiber connection to utilize the same amount of bandwidth Verizon demonstrated on just one fiber strand.  With most fiber projects bundling many strands of fiber into a single cable, near limitless capacity can bring a broadband experience untroubled by high traffic, high bandwidth multimedia applications.

Previously, Verizon had proven its fiber technology for high bit rate applications in a lab environment.  This was the first “in the field” trial over a functioning fiber network concurrently serving customers in Dallas.

Such technology demonstrates that as broadband traffic grows, so does the technology to support it.