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The Three Musketeers of Wireless Special Interest Legislation: AT&T’s Anti-Consumer Bonanza

Christmas in January.

AT&T and some of the company’s best friends in Congress have attached wireless America’s legislative wishlist to the must-pass Payroll Tax Bill that will temporarily reduce Social Security taxes for millions of Americans.  Now AT&T and other cell phone companies want their piece of the action.

Michael Weinberg at Public Knowledge has sounded the alarm attacks on Net Neutrality, spectrum auctions, and White Space Wi-Fi have turned up in amendments to a bill that Big Telecom is convinced must pass.  Weinberg explains:

No Net Neutrality Protections.  Forget your feelings about the FCC’s formal Open Internet Rules.  An amendment by Rep. Marsha Blackburn would prevent any restrictions on network management, block any requirements to make connectivity available on a wholesale basis (which would increase competition), and stop the FCC from passing a rule allowing users to attach any non-harmful device to the network.  As a result, the winner of the spectrum auction would be able to throttle, block, and discriminate however it sees fit – something that runs counter to any definition of network neutrality.

No Safeguards Against Further Consolidation.  It is no secret that one of the reasons that there are only four nationwide wireless carriers (and two dominant ones) is that only a few companies control most of the available spectrum in the United States.  This amendment would prevent the FCC from making sure that new spectrum goes towards new or under-provisioned competitors instead of being further consolidated by AT&T and Verizon.   That’s probably why AT&T is pushing so hard for this amendment.

No Super-Wifi.  One of the greatest boons of the transition from analog to digital TV broadcasting was supposed to be the creation of unlicensed “whitespaces” or “super-wifi.”  This new spectrum – which is much better at communicating long distances and through walls than current wifi spectrum – would be used cooperatively by everyone and usher in a new era of wireless devices.  However, a third amendment would destroy the FCC’s power to allocate some of this great spectrum for unlicensed uses.  That means that opportunity would simply pass us by.

Weinberg notes consumer advocates like Public Knowledge are now fighting all three amendments.  There are opportunities to strip them from the bill as it works its way through the legislative process.  Those backing the amendments hope the public doesn’t find out.

They just did.

Want Rural 21st Century Broadband? Form a Co-Op or Wait Indefinitely for Someone Else to Provide It

This co-op provides 25Mbps broadband in rural Minnesota.

Parts of rural Minnesota are teaching the nation a lesson or two about how to deliver rural broadband — form a community co-op and provide it yourself, or wait forever for a commercial provider to deem it sufficiently profitable to deliver a reasonable level of service.

Minnesota’s Broadband Task Force indirectly proved the case for community Internet access with their first official report on the state of broadband in the North Star State.

While the populous Twin Cities are well-provided-for by large cable and phone companies, most of rural Minnesota gets far slower (and spottier) access to telephone company DSL, which is increasingly uncompetitive and inadequate for the 21st century knowledge economy.  Commercial providers have repeatedly told rural Minnesota their 1-3Mbps DSL service is plenty fast enough, at least for those who can purchase the service.  City slickers enjoy speeds of 10Mbps or more in Minneapolis and St. Paul.  But as many more rural residents and small businesses will tell you, DSL just cannot get the job done at current speeds, especially for higher bandwidth applications.

Not all of Minnesota is stuck with second-class Internet access.  Two sections of the state where residents were unwilling to accept the broadband status quo now have speeds that rival anything on offer in Minneapolis or St. Paul, because they decided to provide the service themselves.

Farmers Mutual in Madison, Federated Telephone in Morris, and Paul Bunyan Communications in Bemidji have been running fiber optic cables up and down area streets and delivering next generation broadband to some very happy customers.  All are cooperatives — community-owned providers that put their customers (who also happen to be the owners) ahead of Wall Street shareholder profits.  The result: modern and reliable service, instead of “good enough for you” Internet access at sky-high prices from for-profit phone companies.

Farmers Mutual provides service at speeds up to 20/20Mbps, with faster service forthcoming in the future.  They also believe in an open Internet, free from provider interference.  Just outside of their service area, DSL (where available) often runs at speeds of 1Mbps or less.

Federated Telephone offers a unique Ethernet-based broadband service at 20/20Mbps speeds that advertises unlimited usage — a selling point when larger phone companies like AT&T now place limits on Internet access.  Outside of their service area, many rural Minnesotans are stuck using satellite Internet service or dial-up.

Paul Bunyan Communications goes one step further with a network that already delivers 25Mbps broadband in communities like Bemidji and Grand Rapids (Minn.)  Those speeds are simply unavailable from commercial providers in northern Minnesota.

Minnesota’s broadband story is retold across America.  Urban communities have fast speed, but high prices.  Rural communities have inferior DSL at high prices or nothing at all.  Only about 57 percent of Minnesota households now meet the statewide speed goal of 10/6Mbps service.  Cable operators have no problems achieving 10Mbps download speeds, but 6Mbps upload speeds are very uncommon.  Phone companies cannot reliably achieve either with traditional ADSL service.

The state’s broadband goals are aggressive:

By 2015, the state of Minnesota will:

  • a. Be in the top five states of the United States for broadband speed universally accessible to residents and businesses; and,
  • b. Be in the top five states for broadband access (availability); and,
  • c. Be in the top 15 when compared to countries globally for broadband penetration (adoption).

Community owned co-ops are the most likely to help the state achieve their broadband goals. The state is currently ranked 24th in broadband speed.

Republicans in Congress Futily Working on Resolution Against Net Neutrality

Phillip Dampier November 10, 2011 Comcast/Xfinity, Net Neutrality, Public Policy & Gov't, Video Comments Off on Republicans in Congress Futily Working on Resolution Against Net Neutrality

Sen. Kay Bailey Hutchison (R-Texas)

Republicans in the Senate are falling in line behind their colleagues in the House in voting to repeal the Federal Communications Commission’s anemic Net Neutrality rules.

Virtually every Republican in the Senate is expected to vote in support of a resolution introduced by outgoing Sen. Kay Bailey Hutchison (R-Tex.) that would strip the FCC of its authority to impose the new rules, which would prohibit Internet Service Providers from interfering in the free flow of Internet content across their networks.  Nearly every Democrat in the Senate is expected to oppose the Republican-backed measure in a vote expected later today.

Republicans serving at the FCC and in Congress claim the federal agency has no congressional mandate to oversee the Internet.  The agency itself under Chairman Julius Genachowski has refused to fully enable its authority by reclassifying the Internet as a telecommunications service.  Because the agency’s role to oversee the conduct of the country’s service providers is at issue, it has left the FCC in a grey area, with its authority challenged both politically and in the courts.

Sen. Jim DeMint (R-S.C.) claims Net Neutrality rules are completely unnecessary because providers have already promised they will not tamper with traffic and, in his words, “This is a another big government solution in search of a problem.”

Hutchison said enforcement of Net Neutrality would stall broadband Internet development.

“It will increase costs and freeze many of the innovations that have already occurred under our open Internet system,” she said in a statement.

Democrats like Sen. Maria Cantwell from Washington State think otherwise.

Cantwell pointed to Comcast’s secretive effort in 2007 to throttle the speeds of peer-to-peer file sharing traffic.  Comcast initially denied it was interfering with torrent traffic, until eventually admitting it was.  The FCC sought to fine Comcast for the practice, but the cable giant sued the FCC and won in federal court.  The judge in the case ruled the FCC didn’t appear to have the authority to regulate Internet traffic or impose the associated fine.

Cantwell believes sensible Net Neutrality policies will prevent further instances of provider interference.

“These providers think if [they] can control the pipe [they] can also control the flow,” Cantwell said. “Why allow telcos to run wild on the Internet charging consumers anything they want based on the fact that they have control of the switch?”

Reporters questioned Senate Commerce Chairman Jay Rockefeller about Net Neutrality, noting the measure opposing FCC involvement won support from several House Democrats.

Rockefeller pointed to the universal support for the anti-Net Neutrality measure on the Republican side as evidence this has become a partisan political issue.  Rockefeller hopes his Democratic colleagues in the Senate will see it the same way.

“There’s still 53 of us [Democrats], and if we stay together we’ll win,” Rockefeller said. “I think we’re going to prevail.”

Should the measure pass, President Barack Obama indicated he will veto it.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/C-SPAN Net Neutrality 11-9-11.flv[/flv]

C-SPAN talks with National Journal reporter Josh Smith about Net Neutrality’s prospects and the background issues surrounding Net Neutrality.  (3 minutes)

Gay Rights Group Exposes AT&T’s Dollar-a-Holler Skunkworks – New Revelations About FCC Ties

A major scandal in one of the nation’s most important gay civil rights organizations has inadvertently exposed AT&T’s public policy skunkworks — a dollar-a-holler operation to advocate for the company’s merger with T-Mobile, complete with pre-written advocacy letters, traded favors and promises of support from other board members, paid for with big financial contributions.

When it was all over, the president of Gay & Lesbian Alliance Against Defamation (GLAAD) resigned, his ties to a Republican operative board member connected with AT&T were exposed, and the progressive gay and lesbian media outed the whole sordid affair — painting one of the clearest pictures yet of how civil rights groups get into the unenviable position of trading their good name for a piece of big business action.

As Stop the Cap! has reported for nearly three years now, there is a cottage industry in the non-profit sector collecting favors and contributions in return for letters on organization letterhead supporting the public policy agendas of their corporate sponsors.  Honest non-profit groups won’t engage on issues that have little or no connection to their mission statements, but other groups have relaxed those standards to meet fundraising goals or to deal with internal board politics.

The latter appears to be the most prominent reason for GLAAD’s poorly managed entry into the debate on Net Neutrality and AT&T’s merger targets — the first time the group has ever spoken up about a corporate merger.  Because so many in the gay, lesbian, and transgendered community are politically aware, it came as quite a shock when GLAAD suddenly dove into two issues most assumed were not relevant to the group’s mission:

GLAAD Net Neutrality Intrigue: On January 4, 2010, GLAAD President Jarrett Barrios signed a letter to the Federal Communications Commission expressing “concern” about the implementation of formal protection of the open Internet through Net Neutrality.  At the time, nothing about Barrios’ letter seemed suspicious.  In fact, it was typical of the type and tone of concern trolling by certain groups that could pay a stiff price if rank and file members ever found out.  But several members did and raised hell with GLAAD’s leadership over the issue.  Barrios evidently panicked, quickly sending a follow-up letter to the FCC claiming his signature was forged and begging the ‘fake’ submission be withdrawn.  Ironically, he added the views in the original letter, unclear as they were, did not represent GLAAD’s position on Net Neutrality, whatever it was.

GLAAD Loves AT&T and T-Mobile’s Merger: On May 31st, Barrios joined the National Gay & Lesbian Chamber of Commerce in penning a joint letter advocating the merger because, apparently, gay people love 4G, artistic use of the Internet, and telemedicine.  Gay groups immediately pounced, some describing the letter bizarre, others potentially offensive.  The second letter ignited an all-out firestorm against GLAAD’s leadership, particularly considering AT&T has donated profusely to GLAAD over the years, and gay people have no more love towards AT&T and its business agenda than anyone else.

Signorile

Head scratching over why GLAAD was obsessed with delivering a helping hand to AT&T was soon followed by detailed investigations which began to uncover the important underlying facts.

One pivotal moment came from Michelangelo Signorile, a long-time gay activist and radio talk show host, who interviewed GLAAD’s former board co-chair, Laurie Perper.  Perper left GLAAD suggesting its board was in turmoil under the leadership of Barrios.  In her words, Barrios’ efforts to shore up his presidency included trading an AT&T advocacy letter for a company-connected board member’s continued support.

Perper also dismissed Barrios’ suggestion that the letter to the FCC about Net Neutrality was forged.  Instead, she claims, Barrios tried to blame it on his administrative assistant, Jeanne Christiano, who he claimed ambitiously sent the letter without his authorization.

Former GLAAD board co-chair Laurie Perper talks with Michelangelo Signorile about the connection between AT&T and GLAAD’s president. June 7, 2011. (11 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Since that interview, Barrios’ has come clean about who wrote the Net Neutrality letter.  According to Barrios, AT&T sent the talking points to include in the letter and he authorized it:

The letter’s origins lay with AT&T; the telecom giant sent Barrios suggested wording for another letter to the FCC. Barrios’ special assistant used the language verbatim to create the letter, signed his name to it, and sent it in.

Barrios recounts that he was at an airport when his assistant called him to go through some items on his agenda. In a hurry to board his plane, when she told him that “they” wanted him to send in the letter to the FCC, Barrios assumed he needed to resend his first letter again. He authorized her to send the letter without any oversight.

[…] “This was from a letter with language from AT&T suggesting that we support this, and at the time, it was not something I had seen,” Barrios said. “When I saw it, we withdrew it to reflect our perspective.”

Barrios: Now updating his resume

Further investigations uncovered AT&T-connected board member Troup Coronado. Many activists were surprised to learn learn Coronado is or was a paid consultant for AT&T and a Republican operative who used to work for Sen. Orrin Hatch (R-Utah).  While involved in Congress, Coronado worked to install judges hostile to gay and lesbian rights on the federal bench.  Today, he is a board member overseeing one of the nation’s most important gay and lesbian rights groups.

That revelation went over about as well as one could expect, and within a week, Barrios submitted his resignation, and calls for Coronado to leave are growing louder by the hour.

The intrigue has thrown GLAAD into full scale damage control mode, even as former board members like Perper call the group hopelessly brand tarnished and advocate its disbanding.  It also embarrasses AT&T by further exposing the sock-puppetry operations it runs to build phantom support for its business and policy agenda.

How Former and Current FCC Employees Helped Other Gay Groups (Heart) AT&T

GLAAD is not the only LGBT group in the chorus conducted by AT&T.  The National Gay & Lesbian Chamber of Commerce is no more friendly to consumer interests than any other Chamber of Commerce, and their participation in fronting for AT&T was to be expected.  But the National Gay & Lesbian Task Force is now repenting for their own involvement in AT&T’s bought and paid for parade:

“The National Gay and Lesbian Task Force submitted a letter to the Federal Communications Commission on Jan. 5, 2010, about rules and regulations regarding net neutrality. The letter was a response to a request by AT&T,” she said. “However, we quickly realized that we had not gone through an appropriate internal process on such policy matters and that the Jan. 5 letter did not accurately reflect our views and was a mistake. As a result, on Jan. 14, the Task Force submitted an additional letter to the FCC clarifying the organization’s position on net neutrality.”

“The Task Force has established a clearer internal review process that applies to any request for sign-on or policy endorsement from any group, organization or corporate partner. We have not issued any additional letters on net neutrality. Additionally the Task Force has declined requests from our corporate partner AT&T for further action regarding this issue and declined requests to write a letter regarding the proposed merger between AT&T and T-Mobile.”

Perhaps even more disturbing, new evidence is emerging that the FCC itself may be encouraging some of these civil rights groups to participate in discussions about controversial industry events.  The Bilerico Project discovered FCC chief Bill Lake meeting with GLAAD to talk specifically about how the group could become involved in public policy debates:

What’s not disclosed, however, is that Robinson, Barrios and board member Anthony Varona met with FCC chief Bill Lake and Deputy Director Bob Radcliffe in mid-May of last year. Varona is a former FCC attorney.

“Rashad, Jarrett and Tony met with the FCC in May 2010 to discuss GLAAD’s involvement in present and future FCC proceedings (including broadband proliferation items, public interest programming initiatives, etc.),” according to Rich Ferraro, GLAAD’s Director of Communications. The group denies that they took a formal position on any matter pending before the FCC at the time.

If true, this could link corporate astroturfing and dollar-a-holler advocacy to FCC insiders currently at the agency, as well as those who used to work there.

A word to the wise: if your non-profit needs cash, ask for contributions from your members.  Don’t sell out your good name for a billion-dollar corporate merger.  The position you protect may turn out to be your own.

Sen. Al Franken Argues for Net Neutrality at South By Southwest Gathering

Phillip Dampier March 14, 2011 Net Neutrality, Public Policy & Gov't, Video 1 Comment

[flv width=”512″ height=”404″]http://www.phillipdampier.com/video/Al Franken on Net Neutrality SXSW 3-14-11.flv[/flv]

Sen. Al Franken (D-Minn.) delivered comprehensive remarks at today’s South By Southwest (SWSW) gathering in Austin, Tex.  Franken declared the fight for Net Neutrality is by no means over, and claimed corporate opponents and some members of Congress are “using a rhetorical technique called ‘making stuff up'” to fight the rules guaranteeing a free and open Internet.  Franken added an open Internet does not mean open season for online content piracy, but preserving today’s online experience is crucial for entrepreneurs working in the 21st century digital economy, as well as for the creative talent attracted to SXSW.  (45 minutes)

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