After declining formal hearings and conducting their own investigations, the states of Louisiana, Arizona, and West Virginia approved the merger of AT&T and T-Mobile after briefly reviewing documentation promoting the merger, mostly supplied by the companies themselves.

The most controversial approval came from the Louisiana Public Service Commission, overseen by Gov. Bobby Jindal.  Jindal has strongly supported the merger, and his wife’s charity — the Supriya Jindal Foundation — receives substantial economic support from AT&T.  The Commission voted 4-1 for the merger, citing “overriding support locally, as is evidence by the diverse number of groups and officials who are in support.”

More accurately, AT&T contributed to a diverse number of groups that soon sent letters to the FCC supporting the merger.  Most notably, the Urban League of New Orleans, which touted the merger without disclosing the fact AT&T Louisiana president Sonia Perez is a member of the group’s governing board and their 2011 Annual Gala Chairperson.

In Arizona, AT&T won approval from state officials without any hearings, investigation, or much consideration, period.  In fact, less than two weeks ago Arizona officials issued subpoenas to Sprint/Nextel, demanding documentation from them regarding their opposition to the merger.

West Virginia’s Public Service Commission also gave a cursory review to the merger, quickly deciding it posed little impact on the state, since T-Mobile has ignored West Virginia all along, owning just three cellular towers and equipment on 27 others in the state.  T-Mobile also has no West Virginian employees.

State officials believe AT&T’s promise to deliver 4G upgrades inside West Virginia if the merger deal is approved.  But since T-Mobile has no presence in the state, the company’s argument of combining forces for better service doesn’t make much sense.

The PSC relied heavily on Attorney General Darrell McGraw’s pronouncement that the merger would not harm wireless competition in the Mountain State.  Besides, if it did, federal authorities would stop it.

“Any possible implications from this transaction on competition nationwide will be considered by federal authorities,” the PSC wrote.

West Virginia officials denied requests for a hearing before making their decision.

Attorneys General from 11 states not well-known for strong consumer protection have signed letters encouraging the approval of the merger.  Among them:  Alabama, Arkansas, Georgia, Kentucky, Michigan, Mississippi, North Dakota, South Dakota, Utah, West Virginia, and Wyoming.

Attorneys General in New York, California, and Hawaii are taking a much closer, and some say more critical look at the merger.  At the lead is New York’s Eric Schneiderman:

“Cell phones are no longer a luxury for a few among us, but a basic necessity. The last thing New Yorkers need during these difficult economic times is to see cell phone prices rise,” said Schneiderman. “Affordable wireless service and technology, including smart phones and next generation handheld devices, are the bridge to the digital broadband future. We want to ensure all New Yorkers benefit from these important innovations that improve lives.”

Attorney General Schneiderman stressed that some market conditions may differ across the state and highlighted the potential impact of the merger in areas like Rochester, Albany, Buffalo and Syracuse, where there are already fewer wireless options. He is also concerned about the impact on consumers throughout the state, where T-Mobile is a low-cost option.

Murdoch

As Fox’s parent company News Corp. continues to reel in a wide-ranging criminal investigation involving phone hacking murder and terror victims in the United Kingdom, the scandal is now spreading into the United States with new revelations this week that CEO Rupert Murdoch, working with New York’s then-mayor Rudy Giuliani, used politically-motivated threats to force Time Warner Cable to add a newly-launched Fox News Channel to the cable dials of New Yorkers, raising their cable bills in the process.

The Daily Beast reports efforts by Murdoch to pay a substantial bounty to get the news/commentary channel on in Manhattan were not effective, so Murdoch turned to a political alliance with Giuliani, who received significant support from Murdoch’s NY Post in his earlier election bid, to force the issue with threats against the cable operator:

Let’s start in 1996, three years after Murdoch’s New York Post helped make Giuliani mayor with the narrowest win in modern city history. That year, Rupert and Ailes, who’d actually managed Rudy’s unsuccessful mayoral run in 1989, were launching Fox Cable News and they had one rather daunting problem: Time Warner controlled the prime NYC cable franchise, with 1.2 million viewers, including virtually all of Manhattan, where every advertiser who might buy a spot lived or worked. And Time Warner refused to give Fox a channel for its new venture. In those days, Time Warner only had space for 77 channels on the dial, and 30 applicants had lined up before Fox. Richard Aurelio, who ran the NYC cable system for Time Warner, recalls now that he assured Ailes that in a year or so, they would “get more capacity and put you on.” But, says Aurelio, now long retired at age 83, “Murdoch was furious.” A former deputy mayor under John Lindsay, Aurelio says he’d “never seen such a display of raw political power,” branding it “ferocious.”

Records revealed that after Murdoch and Giuliani talked directly about the matter on Oct. 1, their aides had 25 conversations and two meetings in the space of a few weeks. A deputy mayor instantly warned Time Warner about the possibility that their franchise, granted by the city every 15 years, might not be renewed and volunteered to fly anywhere in the country to meet with a Time Warner executive above Aurelio. When Time Warner wouldn’t budge, Giuliani came up with an extraordinary remedy. The city controlled five public-access channels, written into law as alternatives to commercial television, and the mayor decided to give one of them to Fox. In fact, presumably to make it look like this wasn’t something he would just do for Murdoch, he offered another to Mike Bloomberg’s then-fledgling TV network. The Bloomberg News channel actually had its debut one night before a federal judge could stop the deal, but soon the courts blocked this transparently extralegal adventure.

Giuliani

While Murdoch was initially willing to pay cable systems up to $11 per subscriber to launch Fox News on cable systems in the fall of 1996, most cable systems were effectively out of channel capacity at the time.  Fewer than ten million households had access to the new new network when it launched, despite the record launch bonus Murdoch was willing to pay.  Time Warner Cable had promised the network it would likely have channel space within two years as the company completed the rollout of its then-new “digital cable” service, which opened up hundreds of new slots for additional channels, but Murdoch was not willing to wait.

The Giuliani Administration owed a lot to Murdoch’s newspaper operations in the city, trumpeting his political campaigns.  One year before Fox News launched, Giuliani’s then-wife Donna Hanover was hired by WNYW-TV, Fox’s owned and operated local station in New York, despite the fact it was over a decade since her last job in television.  Fox tripled her salary just after Giuliani began threatening Time Warner Cable’s franchise to provide cable service in New York, unless and until the cable system made room for Fox News.

By 1997, Time Warner Cable added the network not only to its Manhattan cable system, but agreed to roll the channel out to most of its cable systems nationwide by 2001.

Murdoch’s early willingness to pay a bounty to get cable carriage has proved a worthwhile investment, considering Fox News has now become one of the most expensive networks in the cable package.  In December, Chase Carey, COO of News Corp., compared Fox News’ value with ESPN — America’s most expensive cable channel.  Carey has sought wide-ranging rate increases for Fox News in 2011, even after the network won earlier increases which made them by far the most expensive channel in the news and commentary category, running about a dollar per month per subscriber.  Those rate increases are passed down to every cable subscriber in the form of a higher monthly bill, whether one watches the channel or not.

In 2007, additional pressure was brought against cable operators to add Fox Business Channel, a perennially-low rated channel that was started to counter “the anti-business bias” of CNBC.  Despite now being available in nearly half of all American households, the spring Nielsen ratings show only about 57,000 people over the age of 2 watch the channel on any given day, even though every cable subscriber with the network on their lineup pays for it.

Economically-challenged western New York will take any new high-tech jobs it can find, which is why local politicians threw parties when Verizon announced interest in building a multi-billion dollar data center on the shores of Lake Ontario, in the Niagara County community of Somerset.

Covered last fall by Stop the Cap!, the project would have created up to 200 high-paying jobs, representing a feather in the cap for economic development efforts upstate cities have been engaged in even before the Great Recession.

Verizon’s Wish List

Just a few things seemed to be standing in the way, according to Verizon’s lobbyists.  Among them, an unfavorable piece of legislation that was pending in 2010, introduced by Assemblyman Richard Brodsky (D-Westchester) and Senator Brian X. Foley (D-Blue Point).  New York Assembly Bill 2208/Senate Bill 7263 came in response to watching Verizon selling off pieces of its landline network to Frontier Communications, and both Albany politicians did not want to see a repeat of that in New York State, unless Verizon shared the wealth with ratepayers in the form of credits on their monthly phone bills (or expanded broadband rollout in rural areas of the state).

That bill languished and eventually failed to be adopted by the legislature, so Verizon ultimately had few worries from Albany.  But Verizon’s wish list grew longer even as the fall days grew shorter.

The proposed site for Verizon's data center in Somerset, N.Y., which will now continue to offer a clear view to Lake Ontario. (Courtesy: WIVB-TV Buffalo)

The company sought a 20-year payment-in-lieu-of-taxes, or PILOT agreement, getting Verizon off the hook for high New York State taxes — particularly western New York’s property taxes, recognized as the highest in the nation.  The company would also be able to obtain cheap hydropower, an important proposition in an area charged some of the highest electricity rates in the country.  Verizon even sought a sales tax exemption on building materials and technology to be used inside the new data center.  That’s nothing to sneeze at either, considering Niagara County’s 8% sales tax rate.

In all, Verizon would have saved at least $330 million if their wish list of taxes waivers and benefits was approved.

With the help of state senator George Maziarz (R-Newfane), Verizon seemed well on its way to winning those concessions from the state.

And Then Came The Neighbor Across the Street, Ms. Mary Ann Rizzo

As the state worked to fulfill Verizon’s checklist, all seemed on track to break ground until one Somerset resident in her 70s, Ms. Mary Ann Rizzo, began asking some hard questions.

Rizzo owns 116 acres of land across the street.  She wondered what kind of impact a multi-billion dollar project like this would have on her and other neighbors, and wanted the state to complete due diligence on an environmental impact review that somehow magically got cut short within five weeks of the application being filed.

She hired attorney Art Giacalone to make sure New York State was following its own procedures in approving the largest project ever proposed for Niagara County in more than a half century.  Giacalone found a lightning-fast approval by Somerset town officials and one of the fastest reviews by state officials he’d ever seen.

Rizzo filed suit, but it was dismissed by a judge back in January.  Rizzo’s attorney filed a notice of appeal, and Verizon’s attorneys asked the court to speed up the process, something the Rochester judge hearing the case refused.

Within days of that, Verizon announced it was pulling the plug on the data center in Somerset, and Maziarz promptly laid blame at the feet of Ms. Rizzo.

Maziarz - 'It's all that woman's fault.'

The Misdirected Blame Game

“It just shows you how one person who owns property across the street, doesn’t even live on the property, but just owns property across the street has killed this up to $5 billion project,” Maziarz said.  “She is totally responsible for [Verizon’s] decision.”

That set local talk radio afire as local residents vilified Rizzo, as did some in the Buffalo and Niagara Falls press.

Verizon said it was considering taking its data center to Wyoming instead.

While Rizzo was in court and Maziarz was spending time cutting red tape for Verizon, the company acquired Teremark, a very large provider of data hosting services and cloud storage.  So large and important that Verizon touted the acquisition as providing at least $500 million in “synergies,” allowing cost-cutting and Verizon to transfer some of its data center needs to Teremark facilities, which is exactly what happened.

Nope, it's not being built in Laramie, Wyo. either.

In fact, while Verizon was complaining about New York’s foot-dragging, company officials were planning to close several of Verizon’s existing data centers, making the need to break ground for a new one on the shores of Lake Ontario unnecessary.

Wyoming officials rolled out a similar red carpet for Verizon, with Gov. Matt Mead budgeting $14 million towards a data center incentive package.  That’s a considerable sum for a state with only a half-million residents.

This week, we learned Wyoming was the second state to be left behind by Verizon, who abandoned plans for the data center proposed near Laramie.

“As a result of the acquisition, we do not have plans at this time to build a data center in Wyoming,” Verizon spokeswoman Lynn Staggs told the Laramie Boomerang. “The Terremark acquisition, announced earlier this year, provides Verizon with the chance to accelerate its data center and cloud strategy.”

In other words, Verizon bought its own solution.

Even if New York delivered on all of the legislative and tax abatement changes Verizon wanted, and Ms. Rizzo never existed, Verizon would still not be spending time on the beach at Somerset or wandering the wide open spaces of Laramie.  But they might have walked away with some nice deregulatory parting gifts without having to show a thing for it — gifts that the state of Wyoming already budgeted for companies like Verizon, all for a data center they won’t build.

A tip for rational living: Before handing everything a large telecommunications company wants on a silver platter, get the commitment in writing and be prepared to rescind those offers if the company pulls out.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Buffalo Media React to Verizon Data Center Project Canceled 3-2011.flv[/flv]

Watch as Buffalo’s TV newscasts opened the floodgates for a wholesale blame game over a failed multi-billion dollar project Verizon was unlikely to ever build after acquiring Teremark.  (WGRZ/WIVB/WKBW)  (15 minutes)

Here in western New York, the impact of more than two years of deep recession has delivered record high unemployment, wage freezes and cuts for many still holding onto middle class jobs.  Only now does it appear that the wage deep freeze is slowly coming to an end.

The Rochester Democrat & Chronicle notes total wages earned in the nine-county Rochester/Finger Lakes region for the first nine months of the year were up 2.2 percent over the same period in 2009, according to state Labor Department figures.

But while things are incrementally improving for worker bees, many of America’s corporate “queen bee” executives have maintained compensation packages that would leave one to believe the United States is enjoying double digit growth and a blazing economy.

CEO pay at large U.S. companies has risen from 80 times as much as rank-and-file workers made in 1970 to more than 260 times what they made in 2009.

Stock market gains — the S&P 500 index rose almost 13 percent in 2010 — and improved profitability were key reasons why many executives made more last year than they had in 2009. Of the 86 executives on the Democrat and Chronicle list for both 2009 and 2010, compensation increased for 66.

Take Time Warner Cable CEO Glenn Britt.  He spent much of June talking up raising broadband pricing on his company’s customers, many of whom live in upstate New York.  While Time Warner has faced challenging economic results in their core cable television business, one would never know it from Britt’s newest compensation package, handing him a 25 percent pay raise and another $2 million in his non-stock incentive pay.  That’s a pay package worth almost $10 million dollars.  The D&C notes four other Time Warner Cable executives listed in the company’s proxy statement made from $1.2 million to $3.8 million.

Phillip Dampier

Time Warner Cable has completed their DOCSIS 3 upgrade of the Rochester/Finger Lakes region and their new Road Runner Extreme and Wideband services should now be available throughout the region.  Stop the Cap! HQ will receive its upgrade to Road Runner Extreme late this afternoon, primarily for the 5Mbps upstream speed, which will make uploading content to our servers much easier and more efficient.

The cable company is insistent on their installation fee, which amounts to nearly $68 (unjustified in my personal opinion).  Some details for our local readers:

• Customers in the Rochester & Finger Lakes region almost never own their own cable modems — they are provided with Road Runner at no extra charge;
• Upgrading to Extreme or Wideband will mean either a modem swap or a second piece of equipment if you have Time Warner phone service.  The new equipment includes a built-in wireless router;
• You are not obligated to use the cable company’s equipment as your primary router if you favor using your own existing router;
• As part of the installation fee, you have a right to insist they spend the time to configure service the way you want it, especially if you want to continue using your own router;
• It is also a good time to ask them to check signal levels and clean up any wiring or service issues.  Western New York has endured a record-breaking deluge of rain this spring, and degraded outdoor wiring can create havoc for broadband and cable service.
• If you are currently receiving a promotion such as free or discounted Road Runner Turbo service, you will lose the value of that promotion when you upgrade service and will pay full price going forward.

Beyond the installation fee, Road Runner Extreme (30/5Mbps) costs $20 more than Road Runner Standard (10/1Mbps) service.  Road Runner Wideband (50/5Mbps) is priced at $99 a month, but is a much better value bundled with the cable company’s Signature Home ($199) package, which includes complete packages of digital cable, “digital phone,” and broadband service.  For most in the Rochester/Finger Lakes area, the only alternative is Frontier Communications’ DSL combined with an unlimited calling plan and satellite television or a similar package from Verizon or much smaller Windstream.  Verizon’s fiber to the home service FiOS is not available anywhere in this region.