Since 2005, five cable and telephone companies and their respective lobbying trade associations have donated nearly $12 million to New York politicians, making Big Telecom companies among the biggest political donors in the state. Now a government reform group wants an investigation by the state’s anti-corruption commission.

By exploiting giant loopholes in New York’s campaign finance laws, telecom companies that used to live with annual campaign finance limits of $5,000 are now donating millions to powerful political leaders in Albany – the majority conferences in the legislature, the state party committees, and the governor. Some are using secretive “housekeeping” accounts controlled by political parties. Others hide behind shadowy contributions from “limited liability corporations” (LLCs) established by some of the state’s biggest cable and phone companies and treated under current law as living, breathing people.

“Big Telecom exemplifies the pay-to-play culture which has come to define Albany, giving generously to the leadership in exchange for veto power over bills which favor the public interest,” said Common Cause-New York executive director Susan Lerner.

The Optimum donor to state “housekeeping” accounts among telecom providers is Cablevision.

No telecom company donates more in New York than Cablevision, which has given more than $5.3 million in contributions to state politicians since 2005 as it fights its way through union problems, fierce competition from Verizon, and complaints from subscribers about rising cable prices and questionable service. The cable company doesn’t just donate in name-only. Common Cause-NY discovered Cablevision using eight different LLCs to evade contribution limits, handing over $1.5 million to candidates and committees. Gov. Andrew Cuomo received $130,000 from four different Cablevision-controlled LLCs between July and October 2010. On April 29 of this year, former Nassau County executive Tom Suozzi’s campaign received $190,000 from three Cablevision-controlled LLCs on that single day.

Verizon (82%) and Time Warner Cable (70%) prefer to quietly give the largest percentage of their political donations to the parties’ secretive, soft money “housekeeping” accounts. The Republican and Democratic recipients are not using the money to buy Endust, mops or spare light bulbs, although the average voter might assume as much.

Corporations with an agenda just love New York’s hush-hush “housekeeping” accounts because they come without dollar limits or complete disclosure about how the money was ultimately spent.

The State Board of Elections says “housekeeping” money is supposed to go toward maintaining a party’s headquarters and staff or “ordinary activities that are not for the express purpose of promoting the candidacy of specific candidates.” Unfortunately, nobody bothered to require detailed accounting, allowing funds to disappear down a political rabbit hole, to be distributed at each party’s discretion.

Comcast (59%) and AT&T (53%) are considerably smaller players, in part because neither company serves many wired cable/broadband customers in New York.

Verizon’s corporate PAC also likes to raise relatively large numbers of small contributions given in the name of company executives or employees, not necessarily mentioning the company itself. Campaign finance disclosures may list only the individuals’ contribution(s), not the company that signed their paycheck.

Where does all the money go?

Common Cause-NY says most of the money is channeled to the most influential politicians in the state, with minority parties and unelected candidates typically getting much less.

To gain influence on the state level, Big Telecom companies contribute to the governor, attorney general, and the majority parties controlling the state Assembly and Senate, with Republicans getting the lion’s share (over $3.5 million) in the Senate and Democrats (over $1.6 million) in the Assembly.

For local issues of interest to the state’s local cable and phone companies, contributions are funneled to influential county-level political machines, perhaps helpful in making life difficult for a competing Wi-Fi project, a municipal fiber network, or helping to cut red tape to place a cell tower in a controversial location.

The top six recipients of Big Telecom’s political cash in the legislature:

• Key Party Leaders: Dean Skelos ($117,700), Tom Libous ($57,150), Jeff Klein ($49,450), and Sheldon Silver ($32,749.61)
• Current and former Chairs of the Senate Energy and Telecom Committee: George Maziarz ($79,718.02) and Kevin Parker ($34,444.00).

Common Cause-NY notes the corporations involved don’t give money without expecting something in return. After generous contribution checks were deposited, a number of telecom consumer protection bills mysteriously died in committee or never made it to the floor. The same fate did not meet bills offering special tax breaks for cable and Internet Service Providers that have cost New York taxpayers nearly $500 million and counting.

“Multi-million dollar campaign contributions clearly help Big Telecom maintain the status quo of corporate control, high prices, and lax regulation,” Common Cause-NY concludes.

The legislature is rife with examples of bills that would have likely passed with popular support but suddenly or “mysteriously” didn’t:

• A 7635-A / S5630-A: Establishes a moratorium on telephone corporations on the replacement of landline telephone service with a wireless system.
  • The “VoiceLink” moratorium bill, passed the Assembly, had broad bi-partisan support in the Senate but never came to a vote.
• S542: Relates to enacting the “Save New York Call Center Jobs Act of 2013,” which requires prior notice of relocation of call center jobs from New York to a foreign country; directs the Commissioner of Labor to maintain a list of employers who move call center jobs; prohibits loans or grants.
  • The “Call Center Jobs Act” would take away tax breaks and state grants if companies move a call center to another country. The bill passed the Assembly in 2012 (A9809) and had bipartisan support in Senate but was blocked. The 2013 bill died in Senate committee.
• A6003/S5577 — Directs the Department of Public Service to study and report on the current status of cable television systems providing services over fiber optic cables.
  • Bipartisan support in Assembly for further oversight of broadband but gets little support in Senate, the same bill was also blocked in 2012.
• A5234/S1075 — Enacts the “Roadway Excavation Quality Assurance Act” demanding utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.
  • Bipartisan support in the Senate and Assembly but no passage in either 2012 and 2013.
• A6239/S4550 — Creates the State Office of the Utility Consumer Advocate to represent interests of residential utility customers.
  • Bipartisan support in Assembly, dies in Senate.
• A6757/S4449 — Requires providers of electric, gas, steam, telephone and cable television services to issue standardized bills to residential customers; provides the standards for such bills shall be established by the Public Service Commission.
  • Bipartisan support, passes Assembly, dies in Senate.

From the Desk of Ralph Nader

21 August 2013

Prime Minister Stephen Harper
Office of the Prime Minister
80 Wellington Street
Ottawa, ON K1A 0A2

Dear Prime Minister:

I read with interest that you are considering allowing Verizon Communications to operate in Canada with unique acquisition rights.

Bad idea.

Before you proceed any further, I suggest that you read a report by the highly regarded Center for Tax Justice and Good Jobs First titled, “Unpaid Bills: How Verizon Shortchanges Government Through Tax Dodging and Subsidies.”

Bottom line: Verizon is one of the country’s most aggressive corporate tax dodgers.

The report found that Verizon enjoyed some $14 billion in federal and state corporate income tax subsidies in the 2008-2010 period, even though it earned $33.4 billion in pre-tax U.S. income during that time. At the federal level, Verizon should have paid about $11.4 billion at the statutory rate of 35 per cent during the three-year period. Instead, it actually got $951 million in rebates, putting its federal tax subsidies at $12.3 billion. Its effective federal tax rate was 2.9 per cent.

The report found that at the state level, Verizon should have paid about $2.3 billion in corporate income taxes during the period but it paid only $866 million. Its aggregate state rate was only 2.6 per cent, far below the weighted state average rate of 6.8 per cent. This gave it state tax subsidies of about $1.4 billion.

Verizon also used a special tax loophole called the Reverse Morris Trust to avoid paying about $1.5 billion in federal, state and local taxes on the sale of its landline assets in various states.

The report found that Verizon also aggressively seeks state and local tax subsidies through credits, abatements and exemptions.

There is no centralized reporting on these subsidies, but the report documents $180 million in special tax breaks and grants Verizon and Verizon Wireless received in 13 states.

In addition to aggressively dodging taxes, Verizon also overtly rips off our federal government.

In April 2011, for example, Verizon paid $93.5 million to settle whistleblower charges that it had billed the government for “tax-like” surcharges it wasn’t entitled to impose on the government. Hidden surcharges on communication services have long been an unwelcome cost to business and consumers, and the General Services Administration had negotiated a firm, fixed-price contract with limited surcharges precisely to avoid being hit with hidden surcharges, the whistleblower alleged.

“Verizon was not only charging the government for the costs associated with communication services, but it also was pumping up its revenues by charging the government for Verizon’s own property taxes and other costs of doing business,” said Colette Matzzie, a Washington, D.C., attorney with Phillips & Cohen LLP, who represented the whistleblower. “Under federal law, Verizon was responsible for paying those costs, not the government.”

The settlement agreement covers the period from 2004 to 2010, when Verizon allegedly billed the government for a variety of surcharges including property tax surcharges, carrier cost recovery charges, state telecommunications relay service surcharges and public utility commission fee surcharges.

Question: why would you allow one of our country’s most aggressive tax dodgers, a company with a track record of overtly ripping off our government, into your country?

What’s bad for the United States will be bad for Canada.

Sincerely,

Time Warner Cable will get up to $4 million in tax breaks courtesy of New York taxpayers to create a new call center in Buffalo’s now defunct Sheehan Hospital.

Time Warner Cable donated $175,000 to the New York Democratic State Committee that aired a series of pro-Gov. Andrew Cuomo ads, including one touting the governor’s efforts to get corporate money out of politics.

The cable company donated the funds to the Committee’s “housekeeping” account, exempt from New York’s campaign finance laws which ordinarily limit the maximum amount a corporation can contribute to $5,000. The New York Democrats spent nearly $5.3 million to air the advertising on stations across the state this spring.

Asked how Cuomo could justify promoting campaign finance reform while exploiting various loopholes to accept unlimited corporate contributions, Cuomo told the Albany Times-Union, “It’s not a loophole — it’s the law.”

“You can only live within the system that exists,” Cuomo added. “As soon as the campaign finance system is changed — and I’ve worked very hard to change it, I’ll continue to work very hard to change it — no one will be more pleased than myself.”

[flv width=”640″ height=”380”]http://www.phillipdampier.com/video/NY Dems Clean Up Albany Ad 5-8-13.flv[/flv]

Time Warner Cable, CBS, a giant teacher’s union and other large corporations helped pay to run this ad featuring New York Gov. Andrew Cuomo promising to cut the influence of money in politics. (1 minute)

Time Warner Cable was hardly alone. Other major donors were rooted out by the newspaper’s Capitol Confidential:

• — $250,000 came from “Educators United,” an offshoot of the United Federation of Teachers.
• — $200,000 arrived from the Hospitals Insurance Corporation.
• — $750,000 from George Soros. His son, Jonathan, has been a vocal proponent of establishing a system of public campaign finance.
• — Lucy Waletzky and Larry Rockefeller, children of Laurance Rockefeller and niece and nephew to Gov. Nelson A. and uber-banker David, each gave $25,000.
• — Hedge funder James Simons, the founder of Renaissance Technologies, gave $1,000,000.
• — $102,000 from “New Yorkers for Affordable Housing,” whatever the hell that is, an entity that shares an address with The Arker Companies’ Queens headquarters.
• — $50,000 from SONY Pictures Entertainment, $25,000 from Paramount Pictures and $50,000 from CBS.
• — $350,000 from Brookfield Properties, $200,000 from Tishman-Speyer and $100,000 from The Related Companies, all major New York City real estate firms.
• — $150,000 from billionaire fertilizer tycoon Alexander Rovt.
• — $200,000 from Leonard Litwin. Oh wait, I’m sorry: mega-donor Leonard Litwin’s name doesn’t appear in the filing. As is his wont, Litwin funneled his donations through various property-based LLCs he controls. New York’s glorious campaign finance laws treat an LLC like an individual.

Virtually all the donors have some business or regulatory dealings with the state government.

Last month, the governor’s office announced Time Warner Cable was being given taxpayer assistance to take over office space in the former Sheehan Hospital in Buffalo.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WGRZ Buffalo Erie County IDA Approves Tax Breaks For Time Warner Cable 7-15-13.flv[/flv]

This week, the Erie County Industrial Agency approved $757,000 in additional tax abatements for Time Warner Cable. That does not include the $3.1 million in state and local tax breaks already granted the cable company in return for job creation at a new call center being opened in Buffalo. WGRZ-TV reports. (1 minute)

Israel has decided its broadband future can no longer lie in the hands of one phone and one cable company, so the country is commissioning a nationwide fiber to the home broadband network that will be run as a public-private partnership, eventually reaching every home and business in the country.

This week, a quasi-governmental committee chose Sweden’s Viaeuropa to build the fiber network beginning as early as six months from now.

The network will support speeds up to 1Gbps and will be owned by the public utility Israel Electric Corporation and a consortium of private entities including Viaeuropa.

“All citizens of Israel will enjoy very fast Internet speeds, which could be a significant growth engine for Israel’s economy,” Roni Friedman, acting director of the Government Companies Authority in the Finance Ministry said in a statement.

The new broadband service will deploy at least 25,000km of fiber, 70 percent purposely wired above-ground to reduce construction costs. By 2020, at least two-thirds of Israel will have access to the service. Israel’s electric utility will also contribute its 3,000km of previously deployed fiber cable to the venture.

Current consumer broadband speeds in Israel top out at around 100Mbps, but at a price. Broadband is still costly in Israel and most customers choose packages comparable to what Americans receive — 10-15Mbps service.

The Israeli government is concerned that a duopoly is suppressing Israel’s broadband standing, a condition considered intolerable as the country moves towards the 21st century digital economy.

Bezeq, the former state-owned phone company, has a 61 percent market share. It offers a fiber to the neighborhood service similar to AT&T U-verse, with broadband speeds in some homes up to 100Mbps. Cable company HOT has most of the rest of the market — 39 percent, and also offers up to 100Mbps service. Upstream speeds are much slower — 1-1.5Mbps maximum.

The new fiber network is capable of gigabit broadband speeds in both directions. The government hopes the competition will force both the phone and cable company to deliver improved services at lower prices. Bezeq has already begun fiber to the home service trials.

The Oscars viewing party in Shreveport nearly never happened late last month when Comcast dropped the ball and left a “Technical Difficulties” message on subscribers’ screens for several hours. An enterprising technician at a local TV station saved the day when he found old-fashioned rabbit ears and a digital tuner in the back of his truck and was able to get the local ABC affiliate’s over-the-air signal on the big screens at the Robinson Film Center.

The technical foul-up was just the latest embarrassment for Comcast, not only because the outage impacted subscribers across a 75-mile radius, but also because Shreveport has a thriving partnership with the film industry. It also may be the breaking point for city officials tired of hearing complaints Comcast refuses to fix themselves.

Comcast blamed the latest widespread outage on a power problem.

“Comcast experienced a commercial power outage Sunday night,” said Frances Smith, a representative from Comcast’s government and regulatory affairs. “We are investigating and indications are that a resulting power surge damaged the switch that transfers the headend operation to a generator. We restored the majority of service within two hours and deeply regret the inconvenience to our customers.”

No refunds or service credits for customers are planned, unless those affected specifically ask for them within 30 days of the outage.

Comcast’s 15-year franchise with the city of Shreveport expired at the end of 2012 and the company is not making any friends on the Shreveport City Council as renewal discussions plod on while complaints from subscribers continue to pour in.

Most of the problems with Comcast service in Louisiana’s third largest city relate to the length of service outages, unresponsive customer service, and the quality of cable TV reception.

Webb

Comcast officials promised upgrades six years ago to address reliability issues, but city councilman Ron Webb says he hasn’t seen them and Comcast never delivered.

“We’re not trying to run them out of town,” Webb told KTRE-TV. “I want them to provide a good service. I have everything that I own bundled with them, and I’m paying dearly for it. But I’m happy to have the service. But I just want to see those improvements. I have the same problems.”

City officials are expecting Comcast officials to appear before the city council this evening to explain themselves and report on what plans they have to fix ongoing service complaints.

As it stands, Comcast continues to operate in Shreveport on a month-to-month basis until either a new franchise agreement is signed or another cable company responds to the city’s invitations to apply for a franchise. To date, no cable company has been willing to challenge Comcast’s presence in the city. In fact, Dale Sibley, the city’s chief administrative officer told the Shreveport Times no company even responded to their requests.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KTBS Shreveport Comcast Contract Expires 9-19-12.flv[/flv]

Comcast’s problems have been ongoing in Shreveport for years. Last September, KTBS hinted that the city was considering replacing Comcast with a different cable operator. But as other cities have already learned, no major cable operator is willing to challenge another. (Sept. 19, 2012) (3 minutes)

[flv width=”480″ height=”290″]http://www.phillipdampier.com/video/KTBS Shreveport Comcast Outage Contract 2-25-13.mp4[/flv]

The night of the Academy Awards was a low-key affair in Shreveport after Comcast went out of service across the city for at least two hours, leading to questions from city officials. KTBS in Shreveport rescued at least some viewers attending a downtown reception when a station technician hooked up an antenna and picked up the station’s broadcast signal. (3 minutes)

[flv width=”440″ height=”276″]http://www.phillipdampier.com/video/KMSS Shreveport Comcast issues statement about cable outage 2-25-13.flv[/flv]

At least 24 hours after Comcast’s February outage, some subscribers were still without cable service, despite claims from the cable company the outage only lasted two hours. KMSS in Shreveport reports.  (1 minute)

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/KSLA Shreveport Cable outage sparks heat between Comcast city official 2-24-13.mp4[/flv]

KSLA in Shreveport says Comcast’s ongoing service problems are being heard by members of the city council. Now some say the company never followed through on service improvements promised six years earlier.  (2 minutes)

[flv width=”480″ height=”288″]http://www.phillipdampier.com/video/Shreveport Times Comcast-talk-council-about-service-improvements 3-12-13.flv[/flv]

The Shreveport Times talks about tonight’s city council meeting which is scheduled to discuss Comcast’s service problems, the company’s franchise renewal, and obstacles that prevent another provider from taking over and delivering better service.  (3 minutes)