Residents in mountainous western North Carolina have been frustrated by broadband availability maps from the Federal Communications Commission that suggest broadband service is plentiful and fast. But on the ground, customers trying to sign up for Internet access the FCC says is readily available is anything but.

The FCC’s National Broadband Map has been repeatedly criticized by broadband advocates for relying on voluntary data supplied by Internet Service Providers — data that has often proved incomplete, exaggerated, or just plain inaccurate.

Wally Bowen, executive director of Asheville’s Mountain Area Information Network (MAIN), wants to show the FCC its broadband map is out of touch with the real world. MAIN has announced a new website that will let western North Carolina residents test and report the real broadband speeds they are getting from providers to the FCC. If no broadband service is available at all, residents can report that as well.

“Based on our experience, we believe the FCC is underestimating the scope of this problem,” said Bowen, an advocate for Internet access in rural areas. “The FCC’s estimate is based primarily on data provided by the cable and telephone companies.”

With a growing amount of federal money available to wire unserved areas, phone and cable companies may have a vested interest exaggerating their coverage areas and Internet speeds to stop would-be competitors from entering their territories and building new networks. New providers could find a very enthusiastic customer base of more than 48,000 aggravated residents in 16 counties in western North Carolina that have no broadband options at all.

“This new website empowers citizens to compare their real-life experience with the FCC data, but more importantly, it dissects the broadband problem, provides ideas for solving it, and shows citizens how to add their voices to the policy debate,” said Bowen.

Bowen believes profit-minded private companies are unlikely to ever be enthusiastic about wiring rural communities when larger profits can be earned in larger cities.

“Solving this problem isn’t rocket science,” said Bowen. “We’ve seen this movie before. Seventy-five years ago, for-profit electric utilities left rural America in the dark, so Congress passed the Rural Electrification Act and allowed local communities to solve the problem themselves by creating nonprofit electric cooperatives.”

But federal funds are off-limits if another provider already claims to offer service in an area, no matter how poorly they deliver it. Many large cable and phone companies have also worked to ban community-owned broadband networks from ever getting off the ground with the passage of corporate-sponsored bills passed by state legislatures. That leaves rural residents waiting endlessly for the telephone company to get around to providing some level of broadband service.

Problems with Frontier Communications’ DSL in the region tells the story:

Paul Manogue lives in an area considered “served” by Frontier Communications. The phone company sold him 3Mbps service, but after installation, Manogue found Frontier locked down his DSL modem to 1.5Mbps, the fastest speed his telephone line could comfortably handle. Today, Manogue pays $60.98 for 1.5Mbps service that has since further degraded. Today his top speed is 1Mbps or less, even though his monthly bill remains the same. His broadband connection does not come close to the 4/1Mbps minimum speed the FCC expects from today’s rural broadband networks.

“We have been bluntly told [by Frontier] that the level of service we receive is what we pay for,” Manogue told MAIN. Manogue has no other options.

Bill Duffell of Burningtown thinks Frontier broke its promise to deliver broadband where Verizon, his old provider, refused. He is still waiting, along with a number of other residents, for even basic DSL.

“Frontier promised to bring high-speed Internet access to remote areas of western North Carolina within three years,” he said. “They have not done this and now tell me there are no plans to bring high-speed Internet to the area. Internet access via satellite costs me $129.99 per month with Exede/WildBlue and is weather dependent.”

Allen in Madison County says Frontier delivered tolerable service until six months ago, when his speeds began to drop.

“The breaking point was when I was going to upload a 30 minutes video and found out it was going to take over 13 hours to upload.” Allen says. “I called Frontier and they [told me I was] ‘in a high volume area.'”

Anyone considering launching a competitive broadband service to improve the online experience of Manogue, Duffell, Allen and others will not qualify for any federal assistance because Frontier, the incumbent provider, already provides DSL broadband. Frontier also receives significant aid from the Connect America Fund — up to $775 to extend broadband to each individual home or business it earlier deemed unprofitable to serve. Each additional connection risks slowing down every other connection in the immediate area if Frontier does not maintain regular upgrades.

Two of the largest phone companies in the country — AT&T and Verizon — have both refused CAF money altogether. AT&T sees a bigger financial opportunity disbanding their wired telecommunications networks in rural America and forcing customers to switch to more costly (and much more profitable) wireless data services.

“The refusal of Connect America funding by the big carriers, plus their plans to abandon their wired networks in rural areas, is a policy earthquake that’s been ignored by corporate media,” Bowen said.

Winston-Salem Time Warner Cable customers can expect to pay around 4% more for cable service in 2012.

Time Warner Cable’s annual rate increases have now reached the Carolinas.

The company is mailing letters to customers that announce rate hikes for off-contract clients in the $2-4 a month range, including price increases for Road Runner broadband that will now cost between $49.45-$57.95 a month.

“Our new prices reflect dramatically higher programming costs, additional programming and features, and continued investment in our network and customer service,” said Time Warner spokesman Scott Pryzwansky. “Time Warner Cable invested more than $350 million in capital in the Carolinas over the past year to make our network even more robust and to enable our customers to get the services and features they want.”

The company also invested heavily in lobbying lawmakers to keep community-owned broadband competition at bay, helping pass a measure through the Republican-controlled legislature that makes municipal broadband competition much more unlikely.

The result is another year of unfettered rate increases for customers in cities like Winston-Salem:

• Cable TV increases from $10.23 to $11.49 for broadcast basic, $64.99-$69.49 for standard analog service, $80.99-$85.49 for digital cable;
• Broadband increases from $47.95 to $49.45 for customers who also have digital cable, $52.95 to $55.95 for customers with any other tier of cable TV, $57.95 for standalone broadband service;
• Telephone rates are unchanged.

Customers can avoid some of the price increases through creative bundling, threatening to take your business elsewhere, or by signing up for alternative providers:

1. Customers on discounted promotional packages, retention deals, and term contracts will not face the rate increases until their promotional rates or contract expires;
2. If you are unhappy with the rate increase, consider calling Time Warner and telling them to cancel your service 1-2 weeks from today’s date.  Then wait for them to start calling you with promotional “win-back” offers that deliver at least a year of substantial savings off regular rates;
3. If you are a broadband standalone customer, consider signing up for Earthlink under their six-month promotion for just under $30 a month.  You will continue to be billed by Time Warner Cable and receive the same speeds and service with two exceptions: no PowerBoost (a temporary speed increase during the first few seconds of downloading), and you lose your Road Runner e-mail address (which you are not actually still using, are you?)  Get a Gmail account, don’t worry about speed gimmicks, and save $28 a month.  At the end of six months, sign up for Time Warner’s Road Runner service under their promotional rate, which is around $30 a month for a year.  Total savings over the 18 month combined promotional rate term: $504!

More than two years after Time Warner introduced DOCSIS 3 speed upgrades in New York, Time Warner is finally completing broadband upgrades for their customers in the Carolinas.  The latest cities scheduled to get the company’s Wideband (50/5Mbps) and Road Runner Extreme (30/5Mbps) services are Wilmington, Jacksonville and Morehead City. The new services will be available by early 2012.

Most customers in eastern North Carolina and parts of South Carolina still get Standard service speeds of 10Mbps download, 512kbps upload.  After the upgrade, a boost in upstream speeds to 1Mbps for Standard service customers is expected.

Phillip "Not a Time Warner Cable Employee" Dampier

One of the most vociferous critics of the publicly-owned cable system serving the communities of Mooresville, Cornelius and Davidson, N.C. has been exposed as an employee of Time Warner Cable.

MI-Connection, the community-owned cable system, has been subjected to withering criticism since town leaders purchased it from bankrupt Adelphia Cable in 2007.  The efforts to rebuild the system to current standards has proved time-consuming and expensive, and ongoing expenses will require an investment of at least $17 million over the next three years to keep the cable system up and running.  Despite the fact Time Warner Cable has run into larger, more expensive headaches rebuilding similar rundown Adelphia systems they purchased in Ft. Worth, Texas and Los Angeles, critics of community cable have pounced on the costly rebuild to attack public involvement in private enterprise and suggest city officials have not competently run the operation.

Some of the loudest criticism has come in the comment sections of local newspapers and media sites.  Just as Fibrant has faced similar attacks in the comment section of the Salisbury Post, critics of MI-Connection have piled on in newspapers like the Davidson News and Hunterville’s Herald Weekly.  One of the loudest critics of all, Andy Stevens, even started a blog devoted to attacking what he calls “Government Cable.”

David Boraks, editor of the Davidson News, has reported extensively on MI-Connection, and he reads the comments that follow his articles published online, including those written by Stevens.

In a story written today by Boraks, the Davidson News revealed a fact that consumers, the media, and local officials deserved to know — Stevens works for Time Warner Cable.  That revelation comes despite repeated earlier denials from Stevens when asked by reporters and local officials if he worked for the cable company.

Mooresville, North Carolina

How did the newspaper find out about Mr. Stevens’ day job?

MI-Connection board chair John Venzon has gotten fed up reading unrelenting, and often fact-free attacks on the publicly owned cable system he oversees.  Venzon told the Herald Weekly he used to ignore the often anonymous critics of the local cable system, but he’s changing tactics.  Venzon and some other MI-Connection supporters have jumped into the online debate, correcting false information and taking on some of the cable system’s loudest critics, including Stevens.

As part of that effort, Venzon decided to publicly disclose a recent encounter with Stevens at a local shopping center.  Venzon was especially interested to find Stevens wearing a Time Warner Cable uniform, driving a Time Warner Cable truck.

Venzon went public on the Davidson News website Friday:

I would like to point out that today we confirmed that Andy Stevens, a frequent attendee at our board meetings and vocal community critic works for Time Warner Cable. He was greeted by one of our employees while in a TWC uniform and driving one of their logo-ed vehicles. He has been active in using our publicly available information to turn our potential customers against us and to stir up fear, uncertainty and doubt about MI-Connection while hiding his motives. He does not live in our town or service area, so he does not ‘have a dog in the fight’ unless you consider who signs his paycheck. Could I attend competitors’ regular board meetings to see what they are doing?

To make matters worse, he has used the Freedom of Information Act to gain access to every communication between the towns, the board and management. So Time Warner does in fact sit in our meetings … and we are required to provide the meeting notes.

In corporate America, this would constitute espionage. In our situation, it is free and legal. I find it deplorable. I hope you agree.

I believe we should be required to report information just as publicly traded companies do and would adhere to all such requirement. That system promotes transparency to shareholders on a quarterly basis. In addition, we would continue to attend town board meetings and community roundtables to disclose information to citizens.

In another setting, I would be happy to debate the merits of public ownership of a utility that promotes the well being of its citizens and businesses within their community. However, we are in the midst of executing a decision that was made several years ago and are responsible to grow the business.

I do not mind a fair fight, and we must win based on the value of our products and services. However, don’t unfairly give advantage to our competitors and put our citizens at greater risk.

Boraks

Boraks has gotten an admission from Stevens he does, in fact, work for Time Warner Cable, a pertinent detail omitted from Stevens’ anti-MI-Connection blog.  Before deleting about a dozen articles attacking the community cable system, Stevens even noted on the home page of his website, “As I have a full time job, this effort will be accomplished during my free time (evenings and weekends),” without bothering to disclose what that job was.  His “About” section didn’t make mention of his employer either.

The now-defunct blog of secret Time Warner Cable employee Andy Stevens

Now that Time Warner Cable, a regular critic of community-owned broadband, has been put in the embarrassing position of having an employee indirectly do its dirty work, a company spokesman was reduced to telling Boraks they cannot control what their employees do.

But apparently behind closed doors, all is not sweetness and light between Stevens and his employer.  Stevens’ highly active blog suddenly was deprived of all its content after revelations about his employer made the newspaper.  Bing’s cache of Stevens’ site (which Stop the Cap! has captured) shows he had plenty to say about the cable system — none of it good.  That all changed today.

Boraks opined in his piece in the News that Stevens ongoing denials of involvement with Time Warner Cable and his lack of disclosure left him concerned.

Indeed, Stevens’ efforts to hide his employer’s identity and his subsequent decision to bring his blog down after the cat was let out of the bag suggests there is nothing for Stevens or Time Warner Cable to be proud of in their relentless, often sneaky efforts to bring community-owned competition to its knees.  When it comes to protecting duopoly profits of local cable and phone companies in North Carolina, it’s total war on all fronts.

Rep. Avila with Marc Trathen, Time Warner Cable's top lobbyist (right) Photo by: Bob Sepe of Action Audits

Over the course of an hour this afternoon, North Carolina’s Senate Finance Committee discussed the implications of H.129, legislation proposed, written, and lobbied by Time Warner Cable and some of their phone friends across the state.

On hand was Rep. Marilyn Avila (R-Time Warner Cable), who tried to turn her competition-busting bill into an emotional epiphany about jobs and the benefits private providers bring to a state now ranked dead last in broadband.

Pass me a tissue.

Nobody doubts Ms. Avila is looking out for the interests of the state’s big cable and phone companies.  Unfortunately for her district, she isn’t looking out for the broadband interests of her constituents, forced to pay some of America’s highest prices for low end service.

As Avila pals around with lobbyists from Time Warner Cable and the state’s cable trade group (more lobbyists), consumers in places like Orange County in north-central North Carolina see themselves on broadband maps but find they cannot actually get service from any providers.

As the hearing progressed into two-minute statements from parties interested in the outcome, the disconnect between well-paid lobbyists and corporate front groups like Americans for Prosperity with elected officials and consumers on the ground surveying a bleak broadband landscape said a lot.

Cable companies and their lobbyist friends sought to portray community broadband projects as fiscal failures — one suggested that was a global reality, despite the fact many countries have embarked on nationwide broadband plans that directly involve government to help build infrastructure.  The global leader in broadband, South Korea, is a perfect example.  With collaboration between the government and the private sector, Korea will have 1 gigabit broadband service across much of the country within a few years.  That’s because South Korea does not believe broadband is simply a convenience, they see it as a social and economic necessity.

The other side sees it as a private moneymaker that can charge rapacious prices because it’s not an essential service.

Shining a bright light on this reality was Americans for Prosperity, who delivered their own speaker at today’s hearing.  As the group complained about government ‘overreach’ providing incentives in the 1930s for rural power and phone service, it quickly became apparent there are some in this debate willing to let rural Americans sit in darkness, without a phone line (much less broadband), to make a free market point: if private companies can’t or won’t deliver the service, you don’t deserve it and shouldn’t have it.

One wonders where this thinking will ultimately take us.  Will community gardens be opposed for taking vegetable profits away from private corporate farms?  Flea markets on public fairgrounds should be banned because they unfairly compete with eBay, Dollar Tree or a supermarket?  The irony is these “small government conservatives” are all for big government legislation to keep potential competitors at bay.  For them, broadband cannot be a locally-determined community project — just something you buy from a company that may or may not have an interest in serving you.

Just ask the gentleman from Orange County, who appeared as the final speaker.  He spent his two minutes complaining about faulty cable and phone company-provided broadband coverage maps that claim service where none exists.  After spending money on equipment, he learned CenturyLink had no interest in actually providing him with DSL.  In fact, when he asked both the phone and cable company when that might change, the impression he was left with was “never.”

Whether members of the state legislature understand the irony of CenturyLink spending a fortune making sure Orange County never delivers the broadband service the company won’t provide itself is something voters across the state will need to impress on them.

They should be told, in no uncertain terms, to oppose H.129 and leave community broadband alone in North Carolina.

North Carolina: The home of the House-sanctioned broadband slow lane.

Not a single Republican member of the North Carolina House of Representatives stood with consumers yesterday as the cable industry’s custom-written anti-community-broadband bill — H.129 — passed the House in a lopsided 81-37 vote. Fifteen Democrats joined them, some after it was apparent the bill would enjoy lockstep support from their Republican colleagues.  Only three dozen Democrats were willing to choose the interests of their constituents over the interests (and campaign contributions) from Time Warner Cable, AT&T, and CenturyLink.

Rep. Bill Faison (D-Orange) told WRAL-TV voters need to be aware H.129 was Time Warner’s custom-written bill imposing harsh terms and conditions on community broadband networks, while exempting big cable and phone companies.

“Where’s the bill to govern Time Warner?” Faison asked.

Faison predicted the bill will make it next to impossible for any future community broadband effort to deliver service, even in areas where nobody else has or will.

In the communities of Mooresville and Davidson, House Speaker Thom Tillis (R-Cornelius), who represents north Mecklenburg including Davidson and Rep. Grey Mills (R-Mooresville) both voted for the bill, throwing the local community-owned MI-Connection cable system under the bus.  That cable system, acquired from bankrupt Adelphia Cable and rebuilt to modern standards, faced unexpected financial hurdles from the decrepit state the infrastructure was left in when it was sold.  H.129 would limit the system’s ability to reach its entire natural service area in an effort to remain viable, likely banning service for unincorporated Mecklenburg and Iredell counties, and parts of the community of Corelius.

Avila’s statements defending her bill ranged from confusing to the downright absurd — particularly the assertion that high tech businesses will avoid North Carolina if her bill didn’t pass because companies would not want to do business in a state where the local government provided competing broadband service.  That’s a ludicrous notion for a business confronted with 1.5Mbps DSL from CenturyLink.  No high technology business will want to do business in a state that delivers some of the nation’s least adequate broadband service.  With Ms. Avila’s efforts, that fact of life could gain rubber stamp approval from many in the state legislature more interested in protecting the profits of New York-based Time Warner Cable than Wilson, N.C.-based GreenLight.

The bill is headed to the Senate next.  We’ll have a Call to Action up shortly regarding this.

If your member from the House of Representatives is not on the list below, they need to be held accountable for doing the wrong thing for North Carolina broadband.

NC House of Representatives Members Voting For Consumers By Opposing H.129

(Click the name of your member to obtain current contact information, and please send thanks for their vote yesterday.)