History repeats itself. In 1889, it was railroads, steel, iron, and energy. Today it is telecommunications.

My first introduction to the concept of corporate doublespeak — designed to cushion the blow of bad news behind a wall of barely-comprehensible babble came in October 1987 when I heard one Wall Street analyst refer to the great stock market crash that had just befallen the financial district as a “fourth quarter equity retreat.”

Holy euphemism, Batman!

You weren’t fired — you were “made redundant.”  The bankruptcy of Detroit automakers and the layoffs that followed were not as bad as they looked. It was merely “a career-alternative enhancement program.”

And, no, Verizon and AT&T are not engaged in should-be-illegal marketplace collusion on pricing and services. They are just practicing some harmless “price signaling.”

That’s the awe-struck view of management consultant Rags Srinivasan, who just gushes over the marketing “stroke of genius” that threatens to give customers a stroke when they open their monthly bill.

Srinivasan’s piece, worthy of the Wall Street Journal editorial page, turns up instead on GigaOm, where it gets some pretty harsh treatment from tech-lovers who hate the rising prices of wireless service.

Price signaling has always existed between the number one and number two players in any market. Agreeing to not engage in a price war is truly a win-win for the market leaders. Since outright price fixing is illegal, market leaders resorted to signaling to tell the other company their intentions or send a threat about their cost advantages.

But traditionally, it was more like flirting — ambiguous enough that the underlying intentions could be denied. Why are these two not shy about admitting to flirting now? The simple answer is the iPhone.

Not too long ago we worried about running out of talk minutes and paying overage. Service providers offered us tiered plans that offered more minutes for a higher price and unlimited minutes for an even higher price. With the additional revenue flowing directly to their bottom line, these higher priced plans were real cash cows.

For those who have any doubt about the profits from unlimited plans, I’d point out that the costs of a mobile service provider are sunk with zero marginal cost for additional minutes. And texts don’t even consume traffic channels — they piggyback on control channels.

[…] In another genius pricing move, Verizon Wireless is presenting this $100 mobile service plan to customers in a bundle — talk minutes plus data. In the past, around $70 was allocated to talk because consumers valued it more. Now subscribers pay only $40, but they still pay the same $100 total price. This is nothing short of pricing excellence, protecting customer margin while also using strong price signaling to make sure that the next biggest market share leader follows suit.

What Srinivasan calls “business at its best” and “pricing excellence” we call collusion at its most obvious. The GigaOm author says he does not want the government tinkering with this kind of marketplace “signaling,” and it does not appear likely he has much to worry about. AT&T and Verizon executives have grown increasingly brazen (and obvious) with their near-identical pricing and “me-too” plans which leave little to differentiate the two carriers from a pricing perspective. The likely result will be at least 100 million cell phone customers eventually stuck paying for unlimited voice and texting services they neither want or need.

Wireless Wonder Twins Powers Activate: Shape of anti-competitive marketplace for consumers; form of collusion.

True, AT&T charges Cadillac prices but has the customer service image of a used 1995 Kia… but they did have the original exclusive rights to the Apple iPhone and Apple devotees proved they will endure a lot. Verizon Wireless has a better network and has always charged accordingly.

Unfortunately for consumers, the also-rans Sprint and T-Mobile (and the smaller still) depend on AT&T and Verizon for roaming off the city highway and into the countryside, and they are often stuck with devices that are a step down from what the bigger two can offer.

Srinivasan would have a better argument if the wireless marketplace had not become so consolidated. Had AT&T had its way with T-Mobile, America would have just a single national GSM network — AT&T. Verizon does not consider its CDMA competitor much of a bother either, and Sprint Nextel CEO Dan Hesse has to divide his time between fighting with Wall Street over why the company has not already sold out to the highest bidder (and now wants to spend a fortune upgrading its network) and customers who consider Sprint too much of a trade-off in coverage and its dismal “4G” Clearwire WiMAX network too slow for 2012.

Srinivasan is probably too young to understand AT&T and Verizon never invented “price signaling.” A century ago, the railroad robber barons did much the same, leveraging their anti-competitive networks-of-a-different-kind to maximize prices in places that had few alternatives. Where competitors did arrive, they were typically bought out to “maximize savings and eliminate market inefficiencies.” The same was true in the steel and energy sector of the early 20th century.

The result is that consumers were turned upside down to shake out the last loose change from their pockets. Eventually, government stepped in and called it marketplace collusion and passed antitrust laws that began a new era for true competition.

How soon some forget.

Prism is CenturyLink’s fiber to the neighborhood service, similar to AT&T U-verse.

CenturyLink is feuding with the mayor of Colorado Springs, Colorado over whether or not the company intends to roll out its Prism IPTV service in lower income neighborhoods in the city.

The phone company is planning expansion of its fiber-to-the-neighborhood television service in Colorado for the first time, but has run into problems negotiating a franchise agreement with city officials that guarantees equal access to the upgraded broadband, phone, and television service.

“To be candid, CenturyLink does not want to put in the franchise agreement any specificity as to serving lower-income neighborhoods,” Mayor Steve Bach said last Wednesday during a meeting with City Council. “I don’t know about you, but that doesn’t work for me.”

CenturyLink wants to secure a franchise agreement that will permit the company to gradually roll out their Prism service to 22 percent of the city of Colorado Springs. But the company has refused to commit to a specific percentage of homes in lower income neighborhoods the company will wire for the new service.

Bach has the apparent support of incumbent cable operator Comcast, who seems in agreement CenturyLink should deliver its service equitably across the city.

Comcast spokeswoman Cindy Parsons told The Gazette any new cable company should be held to the same standards as Comcast was.

“Just as Comcast was required to make video services available throughout the city, we believe a new entrant into the video business should also be held to those same regulatory requirements,” she said.

“I honestly thought we had reached an understanding about the language that was to be included in the agreement,” Mary LaFave, CenturyLink’s director for public policy told the newspaper. “What we have discussed with the city is something that we have never discussed (in other communities). I’ve never seen it before.”

Bach

The newspaper last week met with CenturyLink executives to discuss the dispute and found them to be unaccommodating.  The newspaper issued an editorial critical of CenturyLink’s apparent unwillingness to get specific:

To lay fiber, the company needs to use public right-of-way. That means it needs permission of city government, in the form of a franchise agreement.

Allocation of right-of-way is a subsidy, given that companies are granted permission to use a public resource in pursuit of profits. As such, some politicians take quite seriously any request for an agreement.

Mayor Steve Bach went public this week with a concern that CenturyLink might choose to serve only the most affluent neighborhoods, giving no assurance to the city that it would invest in less advantaged areas. His concern has led to a proposed agreement in which CenturyLink would provide a “significant” amount of service to low-income areas.

[…] “What we have discussed with the city is something that we have never discussed. I’ve never seen it before,” said Mary LaFave, CenturyLink’s director for public policy.

Welcome to the new Colorado Springs. We don’t try to match best practices elsewhere. We try to surpass them.

In our meeting, a Gazette editorial board member expressed concern about a contract that relies on the wiggle word “significant.” That could mean 10 percent to some, 80 percent to others. It’s a recipe for potential consternation and even litigation. We suggested a contract that specified a percentage of service, even a very low percentage, to low-income neighborhoods. LaFave said no way.

Low-income households often buy cable. So Bach’s concern may be mostly political, as market demand will likely cause CenturyLink to reach into a cross section of neighborhoods.

Given this likelihood, and the heartfelt assurance that CenturyLink will serve a broad socioeconomic spectrum, it is hard to understand why the company balks at committing to a base-level percentage.

We urge City Council and Bach to approve a business-friendly agreement with a specified safety-net percentage of service that will go to low-income households. Set a number slightly below CentryLink’s anticipated service to low-income areas, but achieve contractual specificity.

When local government trades in right-of-way, it allocates a resource that belongs to every resident of Colorado Springs. A reasonable effort to protect them, with a contract that codifies at least the minimal goals stated by CenturyLink, makes good business sense. This is not just any old town, and it should not settle for just any old contract.

CenturyLink was already awarded a cable franchise in Monument and is seeking franchises in Fountain and unincorporated El Paso County. The company currently operates Prism in eight cities nationwide.

Smoke signals achieve a faster transmission rate than DSL can manage in the Scottish village of Kettleholm.

The village of Kettleholm, near Lockerbie in Scotland has effectively given up on DSL service from British Telecom and has upgraded the community’s telecommunications service to technologies including smoke signals, messages inserted into bottles and thrown into nearby streams, carrier pigeons, and for urgent communications — the village’s pony express.

All of these communications methods have proven much more effective than the area’s copper wire-based DSL service, which villagers report is often less than useless. In fact, it can take at least 10 minutes to load Google’s home page in Kettleholm on a bad day, and Apple software updates require additional patience — more than 4,525 hours worth (that is more than 188 days) for the latest version of iMovie to arrive.

BT engineers sent to the area to investigate found nothing wrong with the service, which they initially said was operating within normal expectations for DSL “broadband.” But at least 150 local residents strongly disagree, and several made their point producing a video demonstrating how two yogurt cups attached by string provide more reliable communications than BT was managing in their part of Scotland.

The problem, according to local residents, is the decrepit state of the copper-wire based telephone exchange, installed just after World War 2. Broadband advocates say the solution is rubbishing the ancient copper wiring and replacing it with optical fiber that is spreading across the rest of Great Britain. But neither BT or Virgin Media consider Kettleholm worth the investment, placing the village squarely in the undistinguished category of last priority — the one-third of the United Kingdom deemed economically unsuitable for fiber broadband.

UK residents are paying for broadband improvements as part of their TV License Fee, and the government has amassed at least £800 million for upgrades. It irritates some residents that their portion of the license fee is paying for someone else’s broadband upgrades, and salt is rubbed in those wounds when viewers see BT — the largest recipient of government money — spending it on advertisements mailed to Kettleholm residents for services they can never get.

Even worse, the BBC recently learned the phone company isn’t exactly spending every resource on better broadband in the UK. BT recently found £738 million laying around to pay for the rights to Premier League football games for the next three years.

Where there is smoke (signals) there is fire, especially after the BBC picked up the story. BT suddenly had a change of heart about the state of their network in Dumfries and Galloway:

“Kettleholm telephone exchange is a modern digital exchange, System X and offers broadband speeds of up to 8mb/s. We were not initially aware of a problem with broadband in Kettleholm as only a small number of the 120 end users reported problems with their service. The service appears to have gradually degraded over time without triggering any of our alarms. Engineers recently reset equipment in the exchange and tests show that broadband speeds have risen. We will continue to monitor the situation and would like to apologise to everyone for the frustration and inconvenience they have experienced.”

Kettleholm residents appreciate the new attention BT is paying to their network, but the village has been reminding everyone they can find that BT is their sole provider and when they stop paying attention to their DSL facilities, the entire community suffers.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Kettleholm Poor Broadband 6-2012.flv[/flv]

The village of Kettleholm shows off their new telecommunications systems: smoke signals, carrier pigeons, messages inserted into bottles, semaphores, the pony express, and yogurt cups attached by string.  All perform better than BT’s DSL service.  (2 minutes)

Time Warner Cable and other Texas cable operators are now free from their obligations to Texas towns and cities after winning a victory by default in the U.S. Supreme Court that invalidates local cable franchise agreements across the state.

By refusing the hear a case filed by the Texas Public Utility Commission, the court let stand a lower court ruling that found Texas franchise laws discriminated against cable operators by holding them to local agreements its competitors never had to sign.

At the behest of AT&T, in 2005 the Texas state legislature passed a statewide franchise law that would allow the phone company to apply at the state level for permission to operate its U-verse cable system anywhere in Texas. But the law also compelled incumbent cable operators to remain committed to their existing local franchise agreements until they expired.

The Texas Cable Association, a statewide cable lobbying group, and Time Warner Cable filed suit in federal court challenging the law, winning their case when it reached a federal appears court in New Orleans. The appeals court judge ruled the Texas law discriminated against “a small and identifiable number of cable providers.”

Under the court’s ruling, Time Warner and other cable operators are free to tear up their franchise agreements in cities like Irving, Dallas, and Corpus Christi. In practical terms, the court ruling could allow cable operators to stop supporting local public, educational, and government access channels, reduce franchise fee payments to local communities, and stop providing discounted service to public institutions.

The “statewide video franchise” is a concept heavily pushed by both AT&T and Verizon because it reduces the number of communities phone companies have to negotiate with to provide video service. It also allows company lobbyists to specifically target a handful of state officials that end up with the responsibility of monitoring cable systems in the state. That is much easier to manage than dealing with dozens, if not hundreds, of individual community governments to win permission to serve different areas on different terms.

Unfortunately, critics contend the agreements remove local control and oversight of cable operations, and also cuts into franchise fee payments to local communities, because many states routinely keep up to half of all franchise fees for state government coffers.

The cable operators involved in the case did not blame the state for the provision in the law that kept them “hobbled” under their pre-existing local franchise agreements. Their court papers instead put the blame at the feet of lobbyists for AT&T, which they say has continued to heavily lobby officials to enact policies that disadvantage cable companies like Time Warner Cable in Texas.

Connected Nation, a broadband advocacy group with ties to some of the nation’s largest telecommunications companies, is accused of rewriting a Florida state budget amendment to divert proceeds from a federal broadband grant to itself.

A growing scandal over broadband map funding and allegations of political maneuvering and favoritism has now extended into the offices of several state Republicans now accused of doing the group’s bidding to change funding allocations in ways that could ultimately threaten Florida’s broadband grants.

Connected Nation’s involvement in the state’s broadband expansion efforts began in earnest in 2009 when the group won a $2.5 million contract to map broadband availability in Florida. A follow-up federal grant for $6.3 million to extend broadband deployment brought the group’s lobbyists back to Tallahassee to secure a “no-bid shot” at that new money for itself, which turned out to be a big surprise to the Department of Management Services, the Florida state agency charged with overseeing the project.

The grant award mandated that money be spent on additional broadband mapping and broadband expansion specifically for libraries and schools. When DMS hired contract employees to manage the project for the next two years, Connected Nation declared war on the effort, considering it their turf.

The Miami Herald called the lobbying battle that then ensued as “an audacious display of lobbying clout [that] got the Legislature to force DMS off the contract and steer the grant to [Connected Nation] instead.”

The newspaper reports the end effect of the bitter feud is a less than useful broadband mapping operation and a threat from the federal government it will yank back what remains of the grant money if things do not improve… quickly.

Connected Nation told the newspaper it defends its position as creating value for taxpayers and citizens. But the group also openly admits its broader goal is to increase broadband usage, which directly benefits its telecommunications partners, which the newspaper says includes AT&T, Verizon, and Comcast.

DMS officials are just as willing to play hardball in the statewide dispute, accusing Connected Nation of producing erroneous broadband maps and being responsible for “repeated performance problems.” They announced last year they would not renew Connected Nation’s contract.

Political observers note DMS probably did not realize who they were dealing with, and Connected Nation’s high powered lobbyists descended on the state capital to pull the rug completely out from under DMS, yanking the entire project away from the state agency and assigning it to another.

Holder

With the help of several Florida Republican legislators and the governor, DMS found itself without a broadband project, as lawmakers transferred it to Florida’s new “Department of Economic Opportunity.” The ultimate decision approving the transfer of broadband matters to an agency that suggests an allegiance to the private sector came from Florida’s governor Rick Scott.

The governor’s office muzzled DMS protestations. Marc Slager, deputy chief of staff for Gov. Rick Scott, acknowledged to the Herald he told DMS to stand down because “we don’t need to have different people from the governor’s agencies advocating an issue.”

Revenge is a dish best served cold, and Connected Nation is not through paying back DMS for interfering in their Florida plans to capture broadband grant funds. The group is taking its time working with several Republican legislators to cut more legs out from under the government agency.

With respect to the $6.3 million broadband expansion grant, the newspaper reports Connected Nation last year simply rewrote a state budget amendment, inserting themselves as the grant winner.

“Attached is a document that reflects conversations we’ve had with Chairman Weatherford, the draft language is consistent with the bill, and it is language we believe the [Legislative Budget Commission] would approve,” wrote Alli Liby-Schoonover, from Connected Nation’s lobbying firm, Cardenas Partners, in February 2011, making the change.

What a broadband mapping group was going to do with the money intended to wire schools and libraries remains unknown.