Time Warner Cable customers in North Carolina are getting rate hike letters from the cable company that foreshadows what other Time Warner Cable customers around the country can expect in the coming months.

For residents in Charlotte and the Triad region, Time Warner is boosting prices for unbundled customers an average of six percent, which will impact customers not on promotional plans or who are not locked into a “price protection agreement.”

The rate increases particularly target standalone service customers.  Those with the fewest services will pay the biggest increases.  Those who subscribe to cable, phone, and broadband service from the company will suffer the least.

A Time Warner Cable spokesman claimed the company is just passing on the cost of programming.

WXII-TV in Greensboro reported that for many customers already struggling with their bills, they don’t want to hear anything about a price hike.

“I think it’s ridiculous at this time with the economy — it’s hard to make it as it is,” one customer told the station.

“I wish there was a better option out there, but it’s about the only thing you can get,” said another viewer.

Time Warner has been developing pricing models that increasingly push customers towards bundled packages of services.  Standalone broadband service saw dramatic price increases in many areas in 2010, and the company’s most aggressive new customer promotions encourage customers to take all three of its services.

But broadband customers need not expose themselves to inflated broadband prices for standalone service.  Most Time Warner Cable franchises offer Earthlink broadband at comparable speeds at prices as low as $29.95 per month for the first six months.  When the promotion expires, customers can switch back to Road Runner at Time Warner’s promotional price.

Time Warner does face competition in some areas of North Carolina from AT&T U-verse, which offers attractive promotional pricing for new customers.  But the phone company’s broadband speeds come up short after Time Warner boosted speeds across much of the state.  The cable company now delivers Road Runner at speeds of up to 50/5Mbps.  AT&T tops out at 24Mbps, and not in every area.

When a competitor can’t deliver the fastest speeds, they inevitably claim consumers don’t want or care about super-fast broadband.

“We are focused on offering the broadband speeds that our customers need, at a price that they can afford,” said AT&T spokeswoman Gretchen Schultz.

Greenlight promotes its local connection to Wilson residents

Some North Carolina consumers are watching AT&T’s slower speeds and Time Warner’s price hikes from the sidelines, because they are signed up with municipal competitors.

Residents in Wilson with Greenlight service from the city don’t have to sign a contract to get the best prices and obtain service run and maintained by Wilson-area employees. The provider has embarked on a campaign to remind residents that money spent on the city-owned provider stays in the city.

In Salisbury, Fibrant is making headway against incumbent Time Warner as it works through a waiting list for customers anxious to cut Time Warner’s cable for good.  Fibrant customers are assured they’ll always get the fastest possible service in town on a network capable of delivering up to 1Gbps to businesses -and- residents.

MI-Connection, the rebuilt former Adelphia cable system now owned by a group of local municipalities is managing to keep up with Time Warner with its own top broadband speeds of 20/2Mbps.  The system is comparable to a traditional cable operator and does not provide fiber to the home service.  Its 15,000 customers in Mooresville, Cornelius and Davidson are likely to stay with the system, but it is vulnerable to Time Warner’s bragging rights made possible from DOCSIS 3 upgrades.  Since Time Warner does not provide service in most of MI-Connection’s service area, city officials don’t face an exodus of departing customers.

But that could eventually change.  Some MI-Connection customers have reported to Stop the Cap! they have begun to receive promotional literature from Time Warner Cable for the first time, and there are growing questions whether the cable company may plan to invade some of MI-Connection’s more affluent service areas.  Cable companies generally refuse to compete with each other, but all bets are off when that cable company is owned by a local municipality.

For most North Carolina residents, AT&T will likely be the first wired competitor, with its U-verse system.  To date, U-verse has drawn mixed reviews from North Carolina consumers.  Many appreciate AT&T’s broadband network is currently less congested than Road Runner, and speeds promised are closer to reality on U-verse compared with Road Runner during the early evening.  But some AT&T customers are not thrilled being nickle-and-dimed for HD channels Time Warner bundles with its digital cable service at no additional charge.  And for households with a lot of users, AT&T can run short on bandwidth.

“We have five kids — three now teenagers, and between my husband’s Internet usage and me recording a whole bunch of shows to watch later, we have run into messages on U-verse telling us we are trying to do too much and certain TV sets won’t work until we reduce our usage,” writes Angela.  “AT&T doesn’t tell you that you all share a preset amount of bandwidth which gets divided up and if you use it up, services stop working.”

Angela says when she called AT&T, the company gave her a $15 credit for her inconvenience, and the company claims it is working on ways to eliminate these limits in particularly active households.  For now, the family is sticking with U-verse because the broadband works better in the evenings and she loves the DVR which records more shows at once than Time Warner offers.  Their U-verse new customer promotional offer saves them $35 a month over Time Warner, at least until it expires.

“From reading about Fibrant and Greenlight on your site, my husband still wishes we lived in Salisbury or Wilson because nothing beats fiber, but at least what we have is better than what we used to have,” she adds.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WXII Greensboro TWC Raising Rates 11-16-10.flv[/flv]

WXII-TV in Greensboro reports of Time-Warner Cable’s rate hikes for the Piedmont Triad region of North Carolina.  (2 minutes)

The city of Salisbury on Monday “soft-launched” its fiber to the home service Fibrant to the community of 27,000.  Fibrant joins Wilson’s GreenLight system in giving residents a real choice between Time Warner Cable and phone companies like AT&T, Windstream and CenturyLink.

But the launch did not come without controversy.

The system has drawn some complaints from beta testers about set top DVR boxes that are not working as expected, video channels that are not ready for launch, a porn channel controversy, and some negative anonymous comments that suspiciously draw from the well of telecom talking points complaining about Fibrant’s business model.

Yet Fibrant’s eager group of more than 100 beta testers may quickly become the service’s first paying customers, delighted with the exceptionally faster broadband speeds finally available in the community.

Salisbury, North Carolina

Indeed, some of the biggest complaints are that Fibrant didn’t arrive sooner and the speeds are not fast enough.  The city-owned service is still fighting its way to wire fiber optic cable on utility poles where its competitors have engaged in foot-dragging to move their existing cables to make room for Fibrant.  The company’s waiting list for sign-ups now numbers well into the hundreds.

Local media has been buzzing about Fibrant’s published pricing, which undercuts Time Warner Cable’s regular prices but not its promotional deals.  The cable company recently launched a national promotion marketing broadband, cable, and telephone service for $99 for the first year.  That’s about $45 cheaper than a comparable “deluxe” package from Fibrant.

Fibrant marketing director Len Clark told the Salisbury Post they cannot compete with those special deals.

“We can’t afford it,” he said.

But many municipal providers have turned these promotions upside down and told their potential customers their pricing does not come with tricks, traps, or temporary discounts that expire exposing customers to much higher prices down the road.

EPB, the utility provider in Chattanooga, has been successful with everyday pricing that beats Comcast and delivers far better service — faster broadband speeds, better picture quality, and no annoying Internet Overcharging schemes.

Clark hopes Salisbury residents will take notice that their temporarily higher prices include better quality service and faster broadband.

Also important: the money earned by Fibrant stays in Salisbury and could eventually help defray city expenses.

The Post explains the differences between the cable company and Fibrant:

The $99 special includes Road Runner High Speed Online with a download speed of 7 megabits per second and upload speed of .384 Mbps. For a limited time, subscribers can upgrade for free to Road Runner Turbo, boosting their Internet speed to 10 Mbps for downloads and .512 Mbps for uploads.

Fibrant’s standard Internet speed of 15 Mbps for both downloads and uploads is twice as fast as Road Runner High Speed Online and 50 percent faster than Road Runner Turbo. Fibrant customers can go faster — 25 Mbps up and down — for an additional $20 per month.

Both Time Warner’s $99 special and Fibrant’s comparable package offer about 150 TV channels. High definition is free for Time Warner subscribers, while Fibrant customers must pay more.

Time Warner’s package does not include a digital video recorder. Fibrant’s does.

However, people who sign up for the $99 Time Warner special this month get Showtime for free, Dan Ballister, director of communications for Time Warner Cable Charlotte said. Next month, it could be a free DVR, he said.

Time Warner’s phone service offered in the $99 deal has about a dozen features, including the popular caller ID that appears on the TV screen. Fibrant’s phone service offers 17 calling features.

Some area consumers and businesses expressed concern about Fibrant’s broadband speeds topping out at just 25Mbps, which is slow in comparison to many other fiber to the home providers.  They are also concerned the company did not more aggressively price services at launch.

Many municipal providers have learned from the mistakes of others who have tried to engage in all-out pricing wars with large cable companies.  Most cable companies can cross-subsidize rates to ridiculously low, predatory prices to win such pricing wars, making them untenable for municipal providers with bonds to pay back.  But at the same time, municipal providers are in serious danger or obliterating the marketing benefits fiber brings by not showcasing fiber’s capabilities and giving customers the motivation to throw their current provider overboard.  We urge Fibrant officials to consider reducing the price or increasing the speed of Fibrant’s 25Mbps service, which appears too expensive and slow priced at $65 a month.  It needs to be at least $10 less a month to make it an attractive alternative to Time Warner’s inevitable future speed upgrades in the area to 10/1 standard service and 15/2 for “turbo” service, commonly found wherever fiber competes.  Remember, Time Warner also markets “Speedboost” to consumers as though those temporary speeds are delivered consistently.

As EPB quickly learned, the “wow” factor can drive sign-ups, and they doubled their broadband speeds to get more bang for the buck.  Fibrant needs to remember the valuable marketing lesson of driving customers towards “sweet spot” premium tier pricing customers feel they got for a steal.  If 15Mbps service is $45 a month, how many would spring for 20 or 25Mbps for just $5-10 more?  Time Warner learned this selling their “turbo” speed package.  And most importantly of all, Fibrant risks harming their own argument fiber optics brings new businesses and jobs when their current price schedule shows speeds topping out at just 25Mbps.  Admittedly those are residential service offerings, but we encourage them to deliver faster speeds, especially to businesses.

Fibrant's Price List (click to enlarge)

Fibrant even hides the names of its adult channels

The controversy about Fibrant carrying porn pay per view channels also popped up in the local media and drew complaints from conservative residents upset with their local government accommodating such programming.

Fibrant handily dealt with the controversy, noting tax dollars do not pay for Fibrant, it needs to compete with cable and satellite providers who offer such content, and Fibrant has gone beyond the competition in masking even the names of the channels to those who do not want such pay per view programming in their homes.

Time Warner Cable readily provides not only the names of the adult channels they carry, but also includes program titles that leave absolutely nothing to the imagination.  And who can forget Time Warner accidentally promoted its adult content on a free on-demand children’s channel earlier this year.

Fibrant officials also said the right thing telling residents they absolutely do not want to be in the business of telling people what they can and cannot watch.  It’s a personal decision, and the provider will go out of its way to make sure customers who do not want such material coming into their homes need not see a single bit of evidence it’s there.

That goes a long way to ameliorating a politically sensitive issue.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/WBTV Charlotte Fibrant Porn Controversy 10-12-10.flv[/flv]

WBTV-TV covered the controversy of Salisbury’s Fibrant service carrying adult pay per view programming.  (3 minutes)

A vocal minority of comments left on the Post‘s website have also attacked the service with a considerable amount of false information.  Some are upset with a $360 installation fee that actually will only be charged to a customer leaving within the first year of service.  Others invented monthly fees that don’t exist, and one actually wrote:

“The field is already crowded enough with Windstream, Time Warner, AT&T and a slew of decent wireless ops. The existing internet providers offer far better deals. Fibrant which was supposed to have high speed fiber optic, really doesn’t. Fibrant’s download speeds are not as fast as Time Warner and higher end Windstream. Fibrant doesn’t seem to want to compete pricewise or service wise–so why bother?”

Of course, Fibrant’s matched upstream and downstream speeds leave Windstream’s DSL gone with the wind.  Time Warner Cable currently delivers standard speeds half that of Fibrant’s lowest speed service (and as you can see in the video below doesn’t even actually deliver that), and AT&T’s U-verse maxes out under the best conditions at real world speeds below what Fibrant can deliver.  Anyone who has used wireless broadband knows speed is the first thing sacrificed.  Unlimited, unthrottled wireless broadband is second.  Fibrant needs some social networking to put out these kinds of BS brushfires before they become accepted memes.  Stop the Cap! helped, at least for today.

Meanwhile, Time Warner Cable officials used Fibrant’s launch to, once again, draw false connections between local government funds paying for a cable system that duplicates existing services.

Back to the Post:

Time Warner is still surprised by “municipal overbuilds,” or city-owned fiber optic networks like Fibrant in Salisbury and Greenlight in Wilson, Ballister said.

“It’s just interesting that during these economic times, when city and county budgets are being cut back, that they would want to spend millions of dollars providing services that are already out there,” Ballister said.

Salisbury borrowed $33 million to launch Fibrant.

Cities have an unfair advantage in offering communication services, Ballister said.

“We’re all for competition, as long as people are on a level playing field,” he said.

Cities pay no property or income taxes. They can operate the utility at a loss and cross-subsidize from other areas of government, Ballister said.

“They can level taxes on citizens to recover their operating costs,” he said.

Fibrant is expected to operate at a loss for three years and have a positive cash flow by year four. It will take longer to make a profit, Clark said.

Eventually, Fibrant is supposed to generate revenue for the city.

Cities in the fiber optic business also can hike the fees their competitors must pay to get access to their subscribers, Ballister said.

“They are the gatekeepers to rights of way and pole attachments,” he said.

The company has no specific examples of fee hikes to hurt Time Warner, but “these are valid concerns that exist right now,” Ballister said.

It’s ironic Ballister complains about utility pole fees considering Fibrant is currently a victim of Time Warner’s slow progress making space on those poles to accommodate the city’s fiber optics.  No vendetta by city officials is apparent, as they patiently wait for the cable company to handle its responsibilities.

Ballister should not be surprised the city of Salisbury did for itself what Time Warner Cable refused to do in the community.  Just like in Wilson, Salisbury city officials pleaded with the cable company to deliver improved service in the community but it fell on deaf ears.  Many sections of the city center cannot access reliable broadband from the cable company to this day.  But most of them can now get service from Fibrant.  Cable companies like Time Warner have spent millions of subscriber dollars trying to legislatively ban networks like Fibrant, fearful of the competition they can bring.

Salisbury Assistant City Manager Doug Paris notes the enormous amount of money poured into North Carolina’s state legislature trying to ban projects year after year.  That Time Warner money could have made a real difference for residents and small businesses in Salisbury and other parts of North Carolina if used to improve service, not fight competition.

Kirk Knapp of Tastebuds Coffee and Tea doesn’t care what Time Warner does with the money at this point, so long as he can finally be liberated from them.  He told the Post he feels “held hostage by Time Warner.”

“Time Warner has the worst customer service I have ever dealt with,” Knapp said in an e-mail to the Post.

“Fibrant may have these same kind of issues, however I can actually go to the source to deal personally with someone who is vested in the community, not spend two hours on the phone and never solve the problem as I do with TWC,” he said.

“Even if pricing is higher, I would make the change. Price is important, but quality and service is tantamount.”

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Fibrant Intro 11-2-10.flv[/flv]

Folks from the Walser Technology Group, Inc. in Salisbury gave an informal introduction of Fibrant on its YouTube channel, including a very revealing speed test comparing broadband service from Fibrant with Time Warner Cable.  (7 minutes)

Sarasota County's current fiber networks are depicted on this map produced by the Sarasota Herald-Tribune

In many communities across America, there is more fiber optic cable on telephone poles and buried in underground conduit than you may realize.  But as a consumer, you’ll never get to benefit from it because of a broadband duopoly that works hard to keep municipal fiber networks away from your home and out of your reach.

Take Sarasota County, Florida.  The county is making preparations to build a 96-strand fiber network across the county, capable of delivering 100Gbps service over each strand, and early plans suggest they’ll use it for… controlling traffic signals and viewing traffic cameras.  Taxpayers are ultimately paying the costs to construct the $1,000-per-mile fiber network, but current plans won’t allow any of them to access it.

Why?  Because companies like Comcast and Verizon want it that way.

It’s nothing new and it’s not limited to Sarasota.  In cities across the country, enormous capacity networks are devised and constructed to deliver high speed data connections to local hospitals, schools, and public safety institutions.  Many states’ transportation departments have enormous excess fiber capacity, installed from federal and state grant money to develop intelligent traffic systems.  But almost all of these networks are strictly off-limits to the general public and small business entrepreneurs who are stuck with the far slower broadband service the phone and cable companies deliver at ridiculously high prices.

Sarasota has had ultra-fast connections for years, delivering a dedicated 10Gbps connection to one area hospital and insanely fast connections to police departments and other government buildings.  It’s managed by Comcast and was built for $3 million, paid for directly by Comcast subscribers.  Comcast built the county I-Net network with the understanding that commercial use of the network was strictly prohibited.

The result is blazing fast speeds for institutions that can’t possibly utilize all of the capacity they have, and a broadband cartel delivering less service than local residents and businesses need.

The Sarasota Herald-Tribune considered the county’s fiber future so important, it dedicated a week of coverage to municipal fiber, and the providers and politics that get in the way.

The newspaper reports that the existing broadband duopoly under-delivers access to digital entrepreneurs that need those speeds the most.

The co-called creative class — bandwidth entrepreneurs on a budget — struggle to get by on mediocre connections that are largely repackaged retail offerings.

Over and over, businesses surveyed by the Herald-Tribune pointed to the tell-tale distinction between business-class service and retail.

“Businesses upload stuff, while consumers download,” said Rich Swier Jr., who works from a Central Avenue office where the only service comes from Comcast. Swier, the only entrepreneur on the Sarasota Broadband Task Force, is not happy with what he gets from Comcast. “They are repackaging a consumer grade service as a business service and charging three times more.”

Swier is paying about $200 per month for what is supposed to be 50 megabits per second download and 5 megabits up. But in reality, it operates at half those speeds, he said.

Thaxton

The newspaper’s conclusion: Fiber access is to modern business what train stations and interstate connections used to be.

Sarasota’s fiber project has grown considerably since its original proposition — 24 strands of fiber installed for $11 a foot. Then the county received an estimate that said they could have triple the amount of fiber for just 20 cents more per mile.  Broadband enthusiasts urged the county to upgrade the network to 96 strands and they agreed.

Commissioner Jon Thaxton told the newspaper he views the planned fiber network as an insurance policy as Internet speed becomes more and more important.

“It does, at a minimum, put us in a position of not being wholly dependent on some other service provider,” Thaxton said.

The newspaper notes the economic implications of superior broadband are enormous.

Google sparked the issue when it announced plans earlier this year to hot-wire a city or cities somewhere in the United States, creating what could be a prototype for a community with the broadband speeds to more than command its economic future.

Our political leaders clearly saw the import of this. Heck, City Commissioner Dick Clapp even jumped into a shark tank to show Google the community’s spirit (yeah, they were pretty small sharks, but I wouldn’t do it, fiber or no fiber).

Businesses of the 21st century are hungry for fast speeds, and this region has been fortunate to land some with voracious appetites.

[…]Who would have pegged Lafayette, La., as a place where Hollywood would set up a first-rate special-effects studio? (Can you say the Walt Disney Co. as a customer?) But the fiber was there, and the big dogs came.

South of us, in Naples, it is private enterprise driving high-octane broadband, the work of a technology-savvy entrepreneur and a like-minded group of millionaires who want what many of us raising families in Southwest Florida are after: an economy that would allow our kids to remain here with good jobs.

In the Information Age, connectivity is going to be critical in attracting the kind of companies we want, and the well-heeled folks in Collier County know that. (They also clearly know how to make a lot of money, so don’t read their efforts too much as altruism).

Then you have one of the new 800-pound gorillas of the fiber effort, Allied Fiber, a New York-based company in the midst of creating a trans-continental broadband push akin to what the railroad barons of the 1800s accomplished.

Southwest Florida has a good chance of tapping into their $500 million (or more) play.

Competition from Municipal Providers Drives Prices Down and Speeds Up (New Rules Project)

The county established a Broadband Task Force, but made the same mistake so many other municipalities make when they create these panels: consumers are not represented at all and small business representation is limited to a single participant. Consumers will ultimately be a major source of revenue from municipal broadband projects and their needs and interests must be represented.  Since incumbent commercial providers will seek to impede municipal competition by organizing consumer opposition to such projects, getting trusted consumer advocates and broadband evangelists on your side at the outset can make the difference between enthusiastic support for additional broadband choice or a mind-numbing, incumbent provider-driven sideshow about a “socialist government takeover of the Internet.”

The rest of the panel is made up of public officials from the school district, county and city government and the local hospital.

The newspaper hints these are exactly the wrong people to invite onto a Broadband Task Force.  Virtually all already enjoy the generous bandwidth already provided by Comcast’s I-Net, few are likely to be well informed on broadband technology issues, and apart from the lone businessman on the panel, the group is unlikely to grasp the commercial implications of better broadband for the local digital economy.

Since these individuals all earn a paycheck protecting their own institutional interests, the larger vision of community broadband can easily get lost in turf wars and political disputes, or interference from incumbent providers.

Providers can cut the bottom out of such task forces with rewarding side deals for friends — enhanced services at fire sale prices. For institutional opponents — intransigence and crippling rate increases.

On Florida’s East Coast, Martin County’s public service institutions learned first hand what kind of pricing Comcast is capable of bringing to the table when an existing contract expired.  Comcast demanded a whopper of a rate hike.

“We decided for the kind of money these people are asking us, we would be better off doing this on our own,” Kevin Kryzda, the county’s chief information officer, told the Sarasota paper. “That is different from anybody else. And then we said we would like to do a loose association to provide broadband to the community while we are spending the money to build this network anyway. That was unique, too.”

The last straw for county officials was the loss of a lucrative deal with California-based Digital Domain to build a Florida branch campus.  The company chose St. Lucie County instead.  John Textor, Digital Domain’s co-chairman, told the Herald-Tribune that having a local all-fiber network connection and being able to set up an all-fiber direct connection to remote servers in Miami was a key advantage of the site in Port St. Lucie.

After that, Martin County commissioners voted unanimously to obtain bids for their own network.

Martin County’s fiber network will combine a publicly-constructed institutional network and a tiny rural phone company paying part of the costs to resell excess capacity to commercial users. The downside is that consumers will not be offered service.

In Florida’s Lee and Collier Counties, U.S. Metro network has proved fiber’s ability to transform entire regions economically.

“If you build it, they will come” is a common rallying cry for fiber proponents.  In both counties, they came.  The latest arrival?  Jackson Laboratory of Bar Harbor, Maine, now being showered with more than $200 million in government grants to build a genetic research campus in Collier County.  A large portion of that money will end up staying in Collier County, stimulating the local economy and creating jobs.

Why all the clamor?  Because U.S. Metro runs a network that puts incumbent phone and cable companies to shame.  When a business requests service, owner Frank Mambuca doesn’t tell them what speeds they’ll have to live with.  Instead, he asks, “how many gigabits do you want?”

Unfortunately, U.S. Metro also only sells service to businesses, but they have some wholesale customers that do serve consumers.  Marco Island Cable and a sister company, NuVu are cable overbuilders that offer access to U.S. Metro’s broadband network at speeds and prices Comcast and CenturyLink can’t touch.

Marco Cable, a tiny independent provider, delivers faster speeds at lower prices.

Marco Cable is preparing to deliver fiber-based 75Mbps service for $99 a month, along with several other access plans that save at least $12.95 per month over Comcast’s prices, and undercuts CenturyLink’s DSL plans as well.  The company also does something Comcast won’t — it promises unlimited Internet access and email accounts.

If someone wants even faster speeds, say 100Mbps, they can call Marco Cable and request it.

The highest download speed that Verizon offers [locally] at present is 50 megabits per second for $149.99 a month, according to spokesman Bob Elek.

NuVu is currently installing competing service in condos on the mainland.  For the father and son team that run both Marco Cable and NuVu, their philosophy is radically different from most cable and phone companies — delivering as much broadband speed as customers can use at prices they can afford.

For existing providers, who have “marked up” prices for years, the competition’s lower prices threaten profits from delivering “good enough for you” speeds at the highest possible price.

For some, simply lowering prices and enhancing service to compete isn’t the answer — putting a stop to municipal competition at all costs is.

In 18 states, high priced lobbying campaigns financed by giant phone and cable operators have succeeded in restricting or banning competing providers.  AT&T has been the most aggressive, successfully impeding competition in states like Texas, Wisconsin, Missouri, Arkansas, Michigan, Tennessee, and others.  Comcast helped stop competition in its home state of Pennsylvania.

Click image to view interactive map

Year after year, Time Warner Cable and AT&T continue efforts to try and do the same in North Carolina, a potential hotbed of locally run, community-owned providers.

For some towns and cities who have spent years begging for improved service, the clock has run out.  The Sarasota Herald-Tribune used Wilson, N.C., as an excellent example.  The city of 50,000 east of Raleigh decided it was through asking Time Warner Cable to provide a platform for a digital economic revival.

Brian Bowman, public affairs manager for the city, told the newspaper the city faced economic disaster from twin blows — the loss of the textile industry and America’s waning interest in tobacco products. Giving the keys to the local cable company to drive Wilson’s nascent digital economy into Lake Wilson was simply not an option.  The town would build its own digital highway — a municipal fiber to the home system for consumers and businesses.

For both, Wilson’s Greenlight system provides up to 100 megabits per second in both directions.  Time Warner Cable residential customers, in comparison, max out at 15/2 Mbps service.

“The way we see it, you’re going to have haves and have-nots in the next generation broadband world,” Bowman said. “The fact is we wanted to invest in our own future; that’s why we did this.”

Cable and phone giants always are going to say that current speeds are adequate and that there is no need for cities to build expensive networks themselves, Bowman said.

“I have heard that here from some of the incumbents, that you don’t need to go that fast. I’m sure the folks in Florida were doing OK without I-4,” Bowman said, noting the state never would have gotten Disney World if not for that interstate access.

People in Sarasota County are about to hear all of the usual arguments against municipal service:

• “Taxpayers will pay for it.” — Not with revenue bonds they won’t.  These bonds deliver returns to investors from revenue earned by the municipal provider, not from taxpayer dollars.
• “We want a level playing field.” — This cable industry opposed providing one when satellite and phone company IPTV showed up, as they tried to withhold programming and lobbied against both.
• “The government should stay out of the private sector.” — Christopher Mitchell, writing for the New Rules Project, tore apart that argument:

Governments “compete” with the private sector in many ways on a daily basis. Libraries compete with book stores, schools with private schools, public transit with taxis, police with security firms, even lumber yards, liquor stores, municipal golf courses and swimming pools with privately owned counterparts. Without public competition in the form of the Rural Electrification Authority, much of the country would still not be wired for electricity or phones.

The focus on whether local governments, who have a wholly different motivation than private companies, are “competing” with the private sector is a red herring to distract the public from incumbent providers’ failures to build modern networks. On matters of infrastructure, a community should always have the option to build the network it needs, just as it can build roads, bridges, water systems, and other modern necessities.

Ultimately, Sarasota County residents have two choices:

1. Obtain the best traffic control and monitoring system America has ever seen, capable of delivering crisp, clear 1080p HD feeds of traffic tieups on Route 301.
2. Deliver Sarasota County 21st century broadband that will power the digital economy and bring hundreds of millions in investment dollars, create thousands of new, high-paying jobs, and save local consumers and businesses a lot of money from broadband competition.

The bill is pending in the House Ways and Means Committee, whose chairman, Rep. Bill Faison, sees the moratorium as an attempt to protect the powerful cable monopoly. Faison, a Democrat who represents Orange and Caswell counties, is meeting Wednesday with representatives of the telecommunications industry and local government leaders to discuss options.

Senator David Hoyle (D-Gaston) couldn’t get his Senate bill the time of day in the North Carolina House, so he attached it to a popular House bill to extend the e-NC Authority — North Carolina’s initiative to promote better broadband.  Now a good bill is infected, like a virus, by Hoyle’s tireless work on behalf of Time Warner Cable.

Hoyle, who has cashed checks from the cable and phone lobbies for years, is proud of sticking it to consumers in his state.

“I want my bill passed. They want their bill passed. So, if they want theirs, they’re going to have to take up mine,” Hoyle told WRAL-TV.

Hoyle, who plans to retire at the end of his term, faces no consequences from Gaston County voters, so he doesn’t care if his bill effectively protects incumbent cable companies who have raised their rates far above the rate of inflation for years.  Hoyle wants a one year moratorium to stop local communities from building their own broadband networks to improve service to residents and deliver lower pricing.

One community that escaped Time Warner’s relentless rate hiking is Wilson, where a municipal broadband project called Greenlight effectively forced a red light on Time Warner’s plans to increase rates in the community earlier this year.  Wilson was the only city we could find in the state where rates remained the same, and residents have Greenlight and city officials to thank for that.

Hoyle and his friends at the cable company are outraged at the thought of North Carolina communities stopping the rate hike gravy train.  After all, less money for Time Warner equals less money for campaign contributions to friendly politicians.

“Do we, as government, want to get in competition with private enterprise and my answer to that is no, and I am passionate about that,” Hoyle said.

If only his constituents could afford to pay him enough to be passionate about their interests.

Rep. Bill Faison, (D-Orange), is among the lawmakers sponsoring the broadband stimulus bill, which was a sure thing until Hoyle got his hands on it.  Faison called Hoyle’s amendments anti-competitive and pro-rate increase, both bad for North Carolina consumers.

“I decide what gets put on the agenda,” Faison told the Charlotte Observer. “It’s unlikely that any bill with a moratorium in it has a chance of getting through the House.”

Hoyle’s strenuous efforts to perform legislative gymnastics on behalf of cable and phone companies have not gone unnoticed by Faison.  He suggested Hoyle’s latest move represented an “interesting political maneuver,” but he doesn’t intend to sit still for it.  Faison and other pro-consumer legislators are meeting this week to consider how to strip Hoyle’s nonsense out of HB1840 and shove it in the nearest trash can.  For comparison purposes, here is the original bill.

Consumers show no love for Time Warner.  Charlotte residents had choice words for their cable company when they learned it was behind the push to stop municipal competition:

◊ Time Warner is about to pay for being jerks to their customers, and it’s high time.

◊ Time Warner cable: I hope they rot. It’s about dang time that municipal governments started providing free broadband to their citizens. The fact that multiple households need their own wireless routers, broadcast on different channels, is a totally inefficient use of technology. Companies like TW Cable want to keep citizens constrained, which runs totally opposite to the promise of the Internet. Find out which boneheads in the Senate are pushing for this and vote them out. They’re clearly more interested in money from the cable companies than in serving their constituents.

◊ For cable to argue unfair competition is laughable when they operate a virtual monopoly.

◊ Instead of fighting this legislation, why doesn’t Time-Warner Cable focus on making its service so reliable and reasonably priced that no city or county will seriously consider managing this themselves? I find it hard to believe any local government could actually run this type of technology more efficiently than a company with TWC’s resources can, but the threat of competition helps keep TWC on their toes. P.S. I lost my TWC signal for 90 minutes this past Sunday right in the middle of the US Open and Brazil-Ivory Coast World Cup game. Nice.

A vote on the House measure is imminent, so North Carolina consumers should be contacting the House Committee members listed below and urge them not to allow any part of Hoyle’s language to remain in HB1840.

[flv width=”576″ height=”344″]http://www.phillipdampier.com/video/WRAL Raleigh NC Broadband Bill Debate 6-28-10.flv[/flv]

WRAL-TV in Raleigh discusses Hoyle’s language and how it ended up in a broadband stimulus request bill.  (2 minutes)

House Ways and Means/Broadband Connectivity Committee

This article contains the following correction since original publication: Our original article did not fully explain the bill to which Sen. Hoyle attached his municipal broadband moratorium. For clarification purposes, that bill is HB1840, legislation to extend the authority of the e-NC Authority. Our original article carried WRAL-TV’s language that said the bill provided for “$5 million in federal stimulus to help provide high-speed Internet access in parts of the state.” While that would be nice, it wasn’t an accurate characterization the bill’s intent.  Our apologies for the error.

Brian is integrally involved in Greenlight, the highly-recommended municipal fiber to the home broadband service in Wilson, North Carolina

Because of our Internet disruption late this morning and into this afternoon, and the time considerations in the ongoing fight against anti-consumer nonsense from the likes of Senator Hoyle, I am going to re-post an article from Brian Bowman, who is one of the hardest fighters we have for the municipal broadband option in North Carolina.  He has an excellent round-up of the latest events.  We’ll launch another Call to Action shortly once we coordinate our response to this latest attempt to throw North Carolina residents under the bus.

Paper: Muni Broadband Bill Quietly Tucked Into Another Bill

by: Brian Bowman, Save North Carolina Broadband

Okay, I know there’s a lot to keep up with in this ongoing battle, but there’s a new development you need to know about. According to the Greensboro News and Record’s Mark Binker, the municipal broadband moratorium from Senate bill 1209 has been moved to another bill, House bill 1840; apparently to get around a committee that the sponsor, Sen. David Hoyle (D-Gaston), considered unfriendly.

Here’s today’s story, courtesy of the News and Record:

For those watching the municipal broadband moratorium bill (background from me here and from the N+O here) you have another bill to keep track of.

The Senate Rules Committee attached the broadband study and moratorium as constructed in S 1209 and dumped it into H 1840, which has to do with extending E-NC authority.

Sen. David Hoyle (D-NC)

I asked Sen. David Hoyle, chairman of the Rules Committee, why he was sending over a bill that has already passed the Senate.

“I’m sending it over with something the House likes,” Hoyle said. “I can’t get a committee hearing on the broadband.”

Rep. Bill Faison, the House committee chairman holding onto the bill, attended Senate Rules to watch the proceedings but did not comment to the committee.

This is the legislative version of trading paint. If the House fails to concur on H 1840, the measure will be sent to a conference committee. At that point, if no senator signs off on a conference report, the bill goes nowhere. So Hoyle can say, give me a hearing on the muni broadband bill or I lock up you E-NC bill.

“All I’m asking for is a hearing, an up or down vote,” he said. “It’s not fair for someone just to hold my bill and not hear it.”

That collective coffee spit you just heard was Senate Republicans thinking to themselves about all the bills they can’t get heard in their own chamber.