Purdue

North Carolina Gov. Bev Purdue today announced she will not veto H.129, Time Warner Cable’s special interest corporate welfare bill because there are too many votes available to overturn her veto:

Her statement:

“I believe that every school, household and business in North Carolina – no matter where they are – should have access to efficient and affordable broadband services.

There is a need to establish rules to prevent cities and towns from having an unfair advantage over providers in the private sector. My concern with House Bill 129 is that the restrictions the General Assembly has imposed on cities and towns who want to offer broadband services may have the effect of decreasing the number of choices available to their citizens.

For these reasons, I will neither sign nor veto this bill. Instead, I call on the General Assembly to revisit this issue and adopt rules that not only promote fairness but also allow for the greatest number of high quality and affordable broadband options for consumers.”

While we would have preferred she make the symbolic gesture of vetoing this horrible piece of legislation, by no means does this mean the battle for better broadband in North Carolina is over.

Stop the Cap!, along with other broadband proponents, will immediately begin our efforts to de-elect legislators who best represented the interests of Time Warner Cable and not their constituents.  Most are Republican, but many are Democrats.  They all need to feel the wrath of angry constituents.

It’s our view we had an uphill battle fighting this year’s bill for two reasons:

1. Big Telecom companies learned from their earlier mistakes;
2. The historic change of power to the very-corporate-friendly Republican Party in North Carolina.  Elections really do have consequences.

"I wish you'd turn the camera off now because I am going to get up and leave if you don't." -- Rep. Julia Howard

While not all Republicans are bad, and several rural North Carolina representatives expressed grave reservations about their areas going unserved, there are not enough good ones in office to offset the anti-consumer lockstep voting we saw on this bill.  Rep. Marilyn Avila, who we have consistently called the “Republican representing Time Warner Cable” is a case in point.  Time and time again, she demonstrated a complete lack of understanding about the technical nature of “her bill” and its implications on cities and towns across the state.  Indeed, a citizen activist even snapped photos of Avila hobnobbing with her cable lobbyist friends, who mopped up any goofs Avila made along the way.

Another major problem can be found in Rep. Julia Howard (R-Davie, Iredell).  She claimed her word is her bond, right before she broke it.  When the media pressed her on the $7000 in campaign contributions she received from Big Telecom and whether that connected to her support for H.129, she threatened to flee the interview if a Raleigh television station didn’t immediately shut the camera off.

There is a real classy example of standing up for your principles, whatever were that week.  The former realtor and appraiser helped foreclose North Carolina’s broadband future, handing it back to the near-exclusive control of Time Warner Cable and CenturyLink.

Appealing for less broadband competition under the guise of smaller government might be fine for some, but big and bigger cable bills are not, and that is what H.129 will deliver to every resident in the state.  We’ll prove it to you soon enough.

Two can play the legislative game.  We’ll be encouraging new legislation in the state to improve and expand competitive broadband opportunities for consumers and businesses.  Real conservatives should agree: competition is a great antidote to Internet Overcharging.

Gov. Purdue

If North Carolina Gov. Bev Purdue does not veto H.129, the cable industry-written bill to throw up roadblocks for community broadband, it will automatically become law at midnight tonight.

We need every North Carolinian on the phone this afternoon, even if you called her office before. Let the governor know that you expect her to veto this anti-consumer, anti-jobs, anti-development bill that will keep broadband out of rural areas and competition at bay.  Let them know you cannot be fooled: doing nothing is the same as signing it into law as far as you are concerned.

The Governor’s Phone Number: +1 919 733 2391

The open source community has joined the fight.  Community Broadband Networks shares the open letter sent to the governor, published on Rootstrikers.org, a community dedicated to fighting all the corruption in politics that allows massive companies like Time Warner Cable to buy legislation:

Dear Governor Perdue,

We are strong supporters of your leadership and your campaign, and we would like to be heard on the important issue of community broadband. I know you are not afraid to use your veto pen, and so I ask you to veto H129, a bill that will take the future away from North Carolina and put it into the pockets of cable company monopolists.

On Sunday May 15th you may have read about our latest investment in North Carolina, Manifold Recording. This was the feature story in the Arts & Living section, and the top right-hand text box on the front page. One of the most difficult and expensive line-items in this multi-million dollar project was securing a broadband link to the site in rural Chatham County. I spent more than two years begging Time Warner to sell me a service that costs 50x more than it should, and that’s after I agreed to pay 100% of the installation costs for more than a mile of fiber. As part of a revised Conditional Use Permit (approved last night), I presented to the Commissioners and the Planning Board of Chatham County data on the economic investment I made, and the fact that according to the statistics from the Rural Broadband Coalition, that such an investment was worth about $300,000 to the 100+ neighbors who live along the new fiber link that I paid for.

Such heroics should not be necessary, nor should they be so costly.

I spent 10 years in Silicon Valley, and I know how quick they are to adopt new technologies that help people start and grow businesses. Manifold Recording would have remained a pipe-dream without broadband. But not everybody can afford to pay $1000/month for the slowest class of fiber broadband. Community broadband initiatives reach more people faster, at lower costs, leading to better economic development. Take it from me: had I been able to spend the time and money on community broadband that I spent in my commercial negotiations, there would be more jobs in Chatham County today.

For more information, which I strongly encourage you to have someone on staff research, please review https://www.rootstrikers.org/#!/story/community-broadband/. There, you will see that “as goes North Carolina, so goes the nation.” We cannot afford to ruin either our own prospects for an economic recovery led by new technologies and new business nor the prospects for an America recovery.

Phillip Dampier

Stop the Cap! reader Angela sent us a print-out, by mail, of a recent guest editorial published by the online news site, the Lincoln Tribune.  White, who is 89 and lives in North Carolina was irritated by the piece, written by Kinston, N.C. mayor B.J. Murphy.

“B.J., who was all of 29 when he was elected in 2009, is the first Republican mayor in Kinston since Reconstruction, and after writing pro-cable company nonsense like he did in that [online] paper, he better be the last,” White wrote.  “My mother and father grew up with the same kind of monopoly these cable companies have today, only then it was the damn railroads.  How we ended up electing a mayor who wants us back in that era is beyond me.”

What caught my attention early on skimming the mayor’s views was a single passage early on in his piece:

Municipal broadband, also known as Government Owned Broadband Networks (GONs) is quickly becoming our state’s new enterprise service of choice for cities and towns.

Really?  GONs?  Now I’ve been editing Stop the Cap! since mid-2008, and we’ve covered North Carolina’s broadband landscape extensively, and this is the first time I’ve ever seen community-owned broadband referred to as “Government Owned Broadband Networks.”  A quick Google search reveals why: it’s a loaded term conjured up by corporate-funded, dollar-a-holler groups that oppose public involvement in broadband.  People don’t like “government” they surmise, so let’s relabel these networks accordingly.  Besides, bin Laden is dead and we can’t use him.

In this case, the acronym ‘GONs’ doesn’t even make sense — shouldn’t it be GOBN?  But that wouldn’t sound as demagogic as “gones,” would it?

Your cable dollars pay for consultants who cook up these silly labels, which are not even accurate.  Community-owned broadband need not be a “government-owned” enterprise it all.  Some are public-private partnerships, others are co-ops or run on a not-for-profit basis independent of government.  What they do have in common is the ability to offer better broadband than the “take it or leave it” service many cable and phone companies provide, if they deliver it at all.

After getting past the pretzel-twisted acronym, it’s clear Mayor Murphy is no fan of community broadband.

I believe we should refrain from the temptation to compete with private communications providers on services and infrastructure that we are not equipped to properly manage.

Kinston, N.C.

Who is “we” exactly?  The city of Kinston?  Mayor Murphy must not believe in the talents and abilities of his employees.  Is Mayor Murphy confessing he is in the ironic position of attacking local government while also being an integral part of it?

Most of Murphy’s editorial is a rehash of talking points already delivered by dollar-a-holler groups like the Heartland Institute or something called the Coalition for the New Economy.  The hypocrisy of both “small government” groups calling for more government regulation on certain broadband providers while exempting their corporate friends and backers is lost on them.

Murphy suggests municipal utilities are not well run, and the locals evidently complain regularly about the one serving Kinston.  Are the complaints about service in other towns about companies like Duke Energy and CP&L — private providers — any fewer in number?  Who exactly loves their local gas and electric company?

Murphy concedes “many cities and towns throughout the years have seen voids in service or infrastructure, not easily duplicated by the private sector.  Those areas of service tend to be water, sewer, and sometimes electricity.”

Our rural grandparents lived that life, waiting for electricity and telephone service that private companies refused to provide because it was simply not profitable enough for them to do so.  In fact, NC Public Power was created precisely because private companies wouldn’t deliver electric service in rural North Carolina.  Just 30 years ago, the state allowed municipal construction of generating plants because there were fears private companies lacked the resources to handle the growth in electricity demand.  The Three Musketeers: Mayor Murphy, the Heartland Institute, and the “Coalition” would prefer cities go dark waiting for private capital to show up?  And at what rate of return would they demand from a state in desperate circumstances?  Imagine the complaints rolling in over that.

And so it goes with rural broadband — a service still not reliably available throughout rural communities in Murphy’s state and 49 others.  The problem of rural North Carolina’s pervasive lack of consistent service is so bad, the Golden LEAF Foundation targeted rural broadband development in 69 North Carolina counties, most lacking more than the slowest speed DSL.  Lenoir County, which includes Kinston is not among them.  Perhaps Murphy’s myopic views apply in his local community, but they certainly don’t in large parts of the rest of the state.  Nobody is forcing the mayor to build Kinston a broadband network.  It would be nice if he didn’t advocate away that right for other less fortunate areas.

Golden LEAF Broadband Project (click to enlarge)

Golden LEAF’s initiative, which is just one of several projects in the state, has garnered more than 130 letters of support including approximately 70 from state, county and municipal officials and 12 from middle-mile and last-mile service providers interested in using the fiber network to reach consumers and small businesses.  Part of the project is being funded by federal tax dollars.  Many of the providers eager to connect to that network are private companies, who seem to have no problem hopping on board a fiber backbone paid for, in part, by taxpayer dollars.

Other projects are community fiber to the home networks, designed to support high bandwidth requirements of the digital, knowledge-based economy.  These community providers didn’t appear out of nowhere.  Communities built these networks after incumbent providers refused upgrade requests, repeatedly.  Some communities even open up their existing municipal fiber networks to residential use.

The hue and cry among those opposing community broadband usually begins when these new providers start selling service to the public.  Private providers don’t complain when public networks provide service only to schools, health care facilities, and public buildings.  But when anyone can sign up, the complaints rage from corporate-funded dollar-a-holler groups, the companies themselves, and certain politicians, some who take campaign contributions from the other two.  The talking points are remarkably similar.  Too similar.

Murphy

Mayor Murphy makes an unfortunate comparison in his editorial — to those railroads which made Angela’s hair stand on end.

“His only experience with that monopoly and the barons who ran it came from his American History class and he wasn’t paying attention,” she says.

Government better serves the people by creating the framework for private business to thrive, not by actually owning or competing with private, tax-paying businesses.  Rarely, if ever, will one see two railroad tracks side by side owned by different companies.  Yet, that is what would happen with broadband service in many communities. In many cases, GONs would essentially use taxpayer dollars to build Internet infrastructure on top of that which has already been put in place by private providers.

Uh…

Is the mayor actually promoting a monopoly for broadband?  I suggest the mayor read our earlier piece about the historical plight of Danville, Virginia — a community on the border with North Carolina.  He will learn that those one-railroad-towns desperately wanted a second or third railway serving their community, if only to escape the horrible and expensive service monopolies and duopolies provided in places without sufficient competition.  It took decades to break the railway monopolies up, and consumers and businesses overpaid millions of dollars to robber barons who fixed prices and the type of service communities would receive.  That kind of control could make or break the economy of a town or city.  So it will be with broadband.

Of course, the mayor could suggest we liberalize access to existing broadband infrastructure and allow competitors to sell services on every available network, or allow a community to build one giant fiber optic pipeline on which every provider can deliver service, but we know what his free market friends would say about that.

Boiled down, Murphy’s arguments come from a position of already having access to the broadband resources he needs, wants, and can afford.  That’s a classic example of “I have mine, too bad you don’t have yours”-politics.

That seals the fate of rural North Carolina to an indefinite future of never getting broadband service.

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.

It’s time for every consumer across the country to help our friends in North Carolina, who are now facing the prospect of a Broadband Dark Age with the passage of a cable-industry-written bill designed to protect their monopoly prices and deliver America’s worst broadband experience.

The grand lie that is the Level Playing Field/Local Government Competition Bill (H.129) claims it will protect broadband competition in the state.  It will, if you are Time Warner Cable facing top-rated, super-fast service from community broadband networks that compete with them in communities like Salisbury and Wilson.

The power to protect North Carolina’s broadband future is now in the hands of Gov. Bev Purdue.

The North Carolina Senate abdicated their responsibility to serve the interests of state residents.  On Tuesday, they voted 39-10 for this consumer atrocity:

Yesterday, the House added insult to injury voting 84-32 for the bill custom written by and for Time Warner Cable:

Not a single Republican in the House stood up for you.

Faison

Several legislators that still remember they represent the interests of voters and not out of state big cable and phone companies were appalled.

Rep. Bill Faison (D-Caswell, Orange), who has been a champion of better broadband across North Carolina, reminded the Assembly the bill should have been named the Time Warner Cable Anti-Competition Bill, written by a New York City-based company that will prevent cities from using their collective buying authority to provide themselves (finally) with the broadband service the private sector has steadfastly refused to deliver.

Faison noted Time Warner Cable CEO Glenn Britt made $27 million in compensation last year — the same as the entire cost of Wilson’s GreenLight fiber-to-the-home cable system.

Faison openly pondered what the cable company has been paying to employ the six full time lobbyists who have been trolling the halls of the state legislature for months, and exactly how much next year’s rate increase will be to pay for their services.

Even the former chairman of the state Republican party called H.129 an enormously arrogant piece of legislation.

Luebke

Another hero for consumers, Rep. Paul Luebke (D-Durham), noted the bill’s immediate impact will be to keep rural North Carolina a broadband desert.  Luebke called H.129 a bad bill that denies service even to communities where no broadband service exists.

But Rep. Marilyn Avila (R-Time Warner Cable) wanted to ensure no one could say there was a broadband problem in North Carolina, so she supported an amendment that allows areas to be declared served if even a single home has broadband service in a particular census block.  That provision delivers beneficial protection to CenturyLink, who can spend their time, money, and attention on a merger with Qwest, the last remaining independent Baby Bell.  While they focus on making themselves bigger through mergers and acquisitions, the phone company faces no competitive pressure to expand service in rural North Carolina, and will face no meaningful competition for the indefinite future.

While Gov. Purdue’s office has made noises about vetoing this bad legislation, it is essential that we let the governor know we need an absolute commitment on her part to veto H.129.  We’ve seen how Big Telecom plays their dirty pool, so we cannot afford to sit back and allow their lobbyists to wear the governor down.

Gov. Purdue

When Time Warner Cable tried to slap an Internet Overcharging scheme on consumers in New York, North Carolina, and Texas in 2009, Stop the Cap! made a commitment to join forces with all of the impacted communities to present a united consumer front against provider abuses.  H.129 qualifies.  That’s why we urge everyone to contact Gov. Purdue and let her know she must veto H.129, an anti-consumer, anti-broadband bill.

Please call -and- e-mail her office:

• E-Mail: [email protected]
• Phone: +1 919 733 2391

Minor Correction Made 5/6 – 5pm ET: We made an error referring to a census tract instead of a census block in the original piece.  One of our readers dropped us a note correcting us, which we are happy to do.  A “tract” actually has many “blocks” in it.