Creative Redefinition of Today's Problems Into Tomorrow's Solutions

At around 7:00pm ET, Republicans in the North Carolina State Senate are expected to ram through H.129, Rep. Marilyn Avila’s (R-Time Warner Cable) anti-consumer, anti-community broadband bill.

You can listen to the Evening of Infamy right here: North Carolina Senate Audio.

With the cooperation of most of the state’s Republicans, and a handful of Democrats taking cable’s money, North Carolina intends to solve their state’s broadband availability problems in a novel way: by redefining those without broadband service as having broadband after all.

Through an amendment, H.129 will essentially declare the service as widely available if even a single resident in a particular census block has access to something resembling broadband.  That could be 768kbps DSL from CenturyLink.  If one person has the service, the thinking goes, everyone can get it, even if they can’t.

The Senate intends to deal with North Carolina’s broadband crisis by changing the definition of the word ‘crisis‘ into ‘accomplishment.’ Instead of allowing communities to provide service in unserved areas, simply declare all areas as being served, thereby negating the need for community broadband.  Another victory for the free market, and it was dirt cheap not to provide the service, too!

So when broadband-deprived North Carolina consumers call Time Warner, CenturyLink, or AT&T, they can be told:

“No, it’s not that we don’t have any broadband service to sell you, we’re simply providing it in a unique new way — by delivering it to someone else!  (Can’t you move in with them?)”

Problem solved.

As one legislator said earlier, “[TWC and CenturyLink] are calling all the shots.”

Rep. Marilyn Avila (R-Time Warner Cable)

After passing through the Republican-dominated Finance Committee, Rep. Marilyn Avila’s (R-Time Warner Cable) cable company-written, anti-consumer legislation arrived in the North Carolina Senate this afternoon, where it was promptly, if temporarily, derailed over whether residents have the right to watch adult entertainment on community-owned broadband/cable networks.

That’s right… porn has thrown the state legislature into such silliness, the entire bill had to be pulled from consideration until Monday.

Here’s a quick rundown how things played out today:

♥ — H.129, Avila’s anti-broadband bill, has proved to be the first serious piece of legislation that has divided the normally lock-step Republican-controlled legislature this session.  That is entirely because YOU are putting the pressure on with your calls and e-mails to Senate members.  We have it on good authority the overwhelming amount of response to this bill from constituents has been downright hostile to the idea it should ever pass.  Consumers in North Carolina want more choices for broadband, not less.  They want increased competition, lower prices, and most importantly — better service (or at least s0me service from someone).  H.129 does none of those things.  It doesn’t deliver a single new broadband connection anywhere in the state.

♥ — Several amendments helpful to broadband development managed to win a place in the bill.  The communities of Wilson and Salisbury will get to expand their systems to cover larger areas, including the town of Faith Stop the Cap! covered earlier.  We also won a victory changing the terms of the “mandatory referendum” provision to strip away the loaded, misleading ballot question about whether cities should ‘take on more public debt’ to finance the construction of community broadband, replacing it with a fairer alternative — do you favor your community building its own broadband system. 

↓ — But we also lost a few battles. Yesterday, the industry covertly changed the definition of an unserved area from “an area where 50% don’t receive FCC basic broadband service” to a Census block, where 50% of the households don’t receive 768/200Kbps. That change annihilates the unserved area exemption. As confirmed by the highly credible e-NC authority, the industry provides its broadband data by Census block, not by household, and if a census block has just one home that receives Internet service, the entire census block is labelled as having Internet service.

Today, Senator Atwater (D-Chatham) tried to modify that definition with a much better measurement standard: “homes per square mile.”  The federal government has established that the least dense areas of the country are the most costly to serve, which explains why these areas traditionally lack broadband service or receive low speed DSL.  Atwater’s amendment targeted the 38% of the most rural areas in North Carolina to keep the door open for community broadband, but Senator Tom Apodaca (R-Hendersonville) would have none of it, despite the fact his district covers the rural expanse of the western mountains of North Carolina.  Stop the Cap! readers have shared stories with us about hanging out in parking lots using motel Wi-Fi to pay their bills online or complete homework.  In Apodaca’s world-view, that means those areas have broadband.

Now our readers will understand why we have stressed it is so important to have accurate, in-depth broadband map data.  Instead, industry-connected groups like Connected Nation conjure up maps created by unverified, provider-supplied data.  This map data is a critical part of H.129’s tragic terms and conditions.  If the maps say service exists, industry lobbyists use that to browbeat elected officials into believing there is no broadband problem, and there is no reason to allow communities to build their own broadband services.

Of course, the reality is very different.  We’ve received hundreds of messages from Americans who say these maps show broadband as being widely available in their communities, but in reality is not.  Some legislators in North Carolina have confronted this reality personally. For those that haven’t, it’s easy to accept provider arguments, cash those campaign contribution checks, and throw constituents under the bus.

We Saved the Most Ridiculous Part of Today’s Events for Last

Sen. Apodaca's obsession with adult entertainment derailed a scheduled vote on H.129 this afternoon.

When the city of Fayetteville wanted protection for their investment in fiber optics, at risk from H.129, the aforementioned Sen. Apodaca lost his mind.  Instead of protecting city funds already spent on next generation fiber, he substituted his own new amendment — to strip adult programming off community-owned broadband/cable systems instead.

You read that right. In case you didn’t, here it is again:

Sen. Apodaca would rather be the arbiter of what you can watch in the privacy of your own home than protecting community investments in broadband improvements.

So much for the “level playing field” title of Avila’s original bill.  Apodaca’s anti-porn crusade does not apply to Time Warner Cable or other private providers, so he has no problem at all if you want to pop some popcorn and settle down to some movies like “Suck It Sunrise,” “Boning Black Beauty 8” (to answer those lingering questions that went unanswered in part 7), or “Dripping Wet Lesbians,” all currently running on TWC’s adult channels.

No matter that Apodaca’s amendment is completely against federal law, which should signal how clueless some legislators are about these issues.  The Cable Act provides settled law on this subject.  Government cannot engage in cable content regulation — particularly the state and federal government.  The cable industry lobbied hard for that protection in the 1980s in part because of controversy over MTV and other “explicit” programming.  Only the local franchising authority can make decisions about the content they carry — and that means local communities get to make those decisions for themselves (47 USC 544(d)(1)).  That means Sen. Apodaca should worry about his own television viewing habits and stay out other peoples’ lives.

We’re helpers here at Stop the Cap!, so we’d point the senator to 47 USC 544(f)(1):

(f) Limitation on regulatory powers of Federal agencies, States, or franchising authorities

(1) Any Federal agency, State, or franchising authority may not impose requirements regarding the provision or content of cable services, except as expressly provided in this subchapter.

Those exceptions, by the way, have to do with changes in federal law, not the individual whims of one state senator.

Sen. Mansfield, who introduced the original amendment to protect Fayetteville, was naturally disturbed to find Apodaca’s non-germane substitute.  That promoted Apodaca to suggest Mansfield allowed his children to watch pornography, and from there the debate spiraled out of control.  After a brief recess, Apodaca returned to apologize to Mansfield, before killing the amendment to protect Fayetteville’s fiber investment for a second time.

Reviewing today’s events provides us with another edition of Legislators Out of Their League.  Apodaca’s naive amendment was not the only telling example (we know more about telecommunications law than he does.)  Yesterday in the Senate Finance Committee, Ms. Avila was utterly lost at sea as discussion ensued on amendments to the bill with her name on it.  Reduced to muttering at times, confused about the discussions dealing with the definition of underserved, her usual reaction was to oppose what she didn’t understand.  None of this is surprising considering the cable industry wrote the majority of her bill she introduced as her own.  She continues to protect their interests while ignoring yours.

This is why we continue to oppose H.129 and you should too.  We have until Monday to continue to drive the message home to state senators.  If you called or wrote before, it’s time to write and call again.  Tell your state senator H.129 is a bill written by and for the cable and phone companies.  It does not deliver any new broadband service to anyone, risks the investments communities across the state have already made, and allows a handful of big telecom companies to control North Carolina’s broadband destiny.  Considering the state achieves dead last ratings in broadband, that is the kind of control they should never be allowed to have.

Senate Representation By County

2011-2012 Session

(click on your member’s name for contact information)

Stop the Cap! has learned Rep. Marilyn Avila’s (R-Time Warner Cable) anti-consumer, anti-competition, anti-community broadband bill H.129 is on the move again.  Now it’s up for a final vote in the Senate Finance Committee early Wednesday afternoon.  This is our last chance to derail this nasty piece of legislation before it hits the Senate floor and community networks start considering pulling the plugs on their expansion efforts.

North Carolina is YOUR state.  The state legislature is not Time Warner Cable’s personal playground, where they can order up customized corporate protection bills to protect their monopoly profits and stick you with higher bills.  It’s time to let your state senator know H.129 is totally unacceptable.  North Carolina is suffering from America’s worst broadband, and nothing about H.129 will make it any better.  Instead, companies like Time Warner and CenturyLink will continue to charge more for less service than other states enjoy.

North Carolina needs all of the broadband it can get, and with the defeat of H.129, the towns and communities big providers have bypassed for years can finally address their own needs without enduring years of broken promises for broadband service that never seems to materialize.

Our allies at Free Press have made this as convenient as can be.  Check out their legislator look-up page, which will get you the contact information for your state senator.  Then make the call starting tonight (you can even leave a message on their voicemail):

“Hello, I am calling to ask Senator “x” to oppose H.129, Rep. Avila’s anti-broadband bill now before the state Senate.  H.129 is nothing short of a protection bill for Time Warner Cable’s fat profits and does not bring a single new broadband connection to our state.  If communities want to build better broadband for people like me, I say let them.

North Carolina has the worst broadband in the country and large parts of our state cannot get it even if they wanted it.  We have the power today to hold our local leaders responsible if they stray too far — it’s called an election.

We don’t need Ms. Avila and Time Warner Cable, an out of state corporation, telling us what kind of broadband service we can get.

I absolutely expect you to oppose H.129 and I am carefully watching who votes for and against this legislation as it will be a major determining factor how I vote in the next election.  Please feel free to contact me at (provide name, address, and phone number.)  Thank you for hearing me.”

We need your calls to make the difference!

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.

The Faith Baptist Church was told to live with Windstream's slow speed DSL or pay Time Warner Cable a $20,000 installation fee.

Despite claims from some in the state legislature that restricting fiber optic broadband development in communities like Salisbury is good for consumers and businesses, an increasing number of both are telling reporters a different story.

Faith Baptist Church, in the aptly-named community of Faith, N.C., can’t wait to sign up for Salisbury’s community fiber network — Fibrant.  They believe in a faster broadband experience the local phone company cannot deliver.

Casey Mahoney, a church member, told the Salisbury Post the church wants to ditch its slow speed DSL service from Windstream and cannot afford the $20,000 installation fee Time Warner Cable wants to charge the congregation to extend its broadband service to the church building.

If some in the state legislature have their way, the church will have a long, perhaps infinite wait for a fiber optic future.  A large number of legislators in the Republican-controlled state Senate are leaning towards voting for a bill custom-written by and for the state’s largest cable company — Time Warner Cable.  The legislation would micromanage community-owned broadband networks right down to the streets they would be allowed to deliver service.  Those terms, perhaps unsurprisingly, would not apply to the state’s largest cable and phone companies.

H.129, moving towards a hearing in the Senate Finance Committee Wednesday, would cement today’s marketplace for years to come — a duopoly Mahoney thinks makes Time Warner Cable’s $20,000 installation fee feasible.

He told the Post, “When you only have one company available in an area, that’s when they can say, ‘It will cost you $20,000 — take it or leave it.’ ”

Not everyone supports the cable industry’s efforts to lock down competition from community-owned providers.  Several local officials who represent underserved communities across the state are upset the legislation is being railroaded through the legislature with almost no discussion.

Misenheimer

“I am disappointed that the General Assembly is giving consideration to taking this right away from us without a single conversation taking place,” Kannapolis Mayor Bob Misenheimer complained to Sen. Andrew Brock (R), who serves Davie and Rowan counties.

Misenheimer is particularly upset cable operators want the right to restrict the service areas Fibrant can serve, and not allow the fiber network to expand service into Kannapolis.  In fact, Brock’s office has received similar communications from the Faith town board and mayors from Rockwell, Landis, China Grove, Granite Quarry, Spencer, Cleveland, and Concord — all who want to be included in the Fibrant service area.

“Isn’t it simply amazing that Fibrant is being bashed as a failure-waiting-to-happen by the sponsors of this bill while mayors across two counties are absolutely clamoring to get the service to their residents,” said Stop the Cap! reader Andy Brown who lives near Landis.  “How can Marilyn Avila and Tom Apodaca have the slightest bit of credibility on this issue when you see town leaders literally falling all over each coveting a service that these legislative-Friends-of-Time-Warner-Cable have predicted is a certain failure?”

“I want Fibrant in Landis myself, if only for the competition,” Andy shares.  “You know, the kind of competition legislators are supposed to support.”

Andy describes efforts underway to distort the record on H.129 in hopes of whipping up consumer support for it.

“There are some silly stories being told attacking community networks like Fibrant on local media websites, including the ridiculous claim communities will be required to sign up for the service if it comes to town,” Andy reports.  “These come from some of the same people who also claim fiber optic cables suffer from rot problems, wireless broadband is faster than fiber optics, and that Fibrant is part of the Obama Administration’s plan to socialize the Internet.”

“If these people want Windstream DSL or are happy paying annual rate increases far beyond the rate of inflation year after year, don’t sign up for Fibrant — but don’t dictate away that option for me,” Andy said.  “The only ‘takeover of the Internet’ I see is by Time Warner and CenturyLink.”