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Can’t Achieve Your National Broadband Plan’s Objectives? Change the Objectives

Phillip Dampier June 16, 2015 Broadband Speed, Community Networks, Consumer News, Public Policy & Gov't, Rural Broadband, Wireless Broadband Comments Off on Can’t Achieve Your National Broadband Plan’s Objectives? Change the Objectives

brazil internetBrazil’s plans to bring at least 25Mbps fiber broadband to 45 percent of Brazilian households by 2018 are on hold after private providers balked about spending the money.

The Ministry of Communications’ ambitious Broadband for All program is a public-private partnership. Public broadband expansion funding would be matched by generous tax credits to encourage private matching investments to improve Brazil’s telecommunications infrastructure. Telephone customers already pay a tax on their telecom bills to fund Brazil’s version of the Universal Service Fund, which helps subsidize expenses in high cost service areas.

The plan derailed after investment markets saw little opportunity for big profits from a fiber upgrade. Brazil’s president Dilma Vana Rousseff embarrassed her Minister of Communications Ricardo Berzoini, who had already publicly announced plans to get the upgrades started last month.

A source close to the president told Reuters the government has sided with commercial providers and is slowing the project down for now.

“We have to adjust the timing of investments to adapt to the appetite of the market and public finances,” said the source, who spoke on condition of anonymity.

brazilA less ambitious expansion program is tentatively scheduled to start in mid-October, but is only likely to incrementally improve broadband in larger cities.

At least one company balked about poor revenue and profit opportunities serving economically challenged regions in Brazil. It argued the population lacked enough income to pay the prices they intended to charge for fiber service.

Community and broadband activists complain critics have demagogued the effort from the beginning with stories of wiring fiber across vast expanses of the Amazon Rain Forest that would ultimately serve few, if any customers. After years of sub-standard service, many believe broadband should be provided and regulated like an essential utility. Currently, only landline-based broadband is regulated in the public interest.

For the consumer protection agency PROTEST, fast broadband is essential to society and where private providers have dropped the ball, the Brazilian government should pick it up and build broadband networks itself, using the proceeds of the Universal Service Fund.

“This deference to big telecom companies to decide Brazil’s online future is a huge mistake,” complained Carlos Filho, an Internet user in Cuiabá, the capital city of the state of Moto Grosso. “I cannot even get 1Mbps DSL in my downtown apartment. You have to use wireless, which is very expensive, to get anything done. The government should be building broadband like it builds roads.”

This afternoon, officials from the Ministry of Communications will meet with Russian Deputy Communications Minister Rashid Ismailov in St. Petersburg to seek Russian investment in Brazil’s wireless and rural broadband ventures.

Hometown Newspaper of Charter Communications Warns Time Warner Deal Not in the Public Interest

Editor’s Note: This editorial in the St. Louis Post-Dispatch is reprinted in its entirety. It comes from a newspaper that has covered Charter Communications since its inception. The Post-Dispatch reporters are also some of Charter’s subscribers — the cable company serves all of metropolitan St. Louis. Charter has never been received particularly well in St. Louis and in other cities where it provides generally mediocre service. Communities across Missouri that have endured poor cable and broadband service have recently taken a serious look at doing something about this by building their own public broadband networks as an alternative. But big money telecom interests, especially AT&T, have found it considerably less expensive to lobby to ban these networks from ever getting off the ground than spending the money to upgrade networks to compete.

charter twc bhOn May 15, the last day of this year’s session of the Missouri Legislature, House Bill 437 finally was assigned to a committee, where it promptly died. Given the power of the American Legislative Exchange Council, it may well be back next year.

HB 437, sponsored by Rep. Rocky Miller, R-Lake Ozark, was full of gobbledygook about “municipal competitive services,” but its effect would have been to condemn Missourians to ever-higher prices for broadband Internet service. Cities would have been forbidden from establishing their own broadband services to compete with private operators, thus holding down prices.

ALEC, which wines and dines state lawmakers and then gets them to pass pro-business “model legislation” in their states, had succeeded in getting restrictions on public Internet providers in 20 states. But in February, the Federal Communications Commission struck down North Carolina’s ALEC-inspired law, so the future of other such laws is uncertain.

About 22 percent of Missourians are still regarded as “underserved,” having no reliable access to broadband service of at least 25 megabits per second — what’s needed to stream video without lags. About 1 in 6 Missourians have only one wired access provider to choose from. More than 400,000 Missourians have no wired broadband at all.

Missouri is ranked 38th “most connected” in the nation by the federal-state Broadband Now initiative. In the 21st century, this is like being underserved by railroads in the 19th century or power lines in the early 20th. In parts of rural Missouri, it’s hard to do business, which helps explain why HB 437 died in committee.

Rep. Rocky Miller (R-Lake Ozark)

Rep. Rocky Miller (R-Lake Ozark)

The basic question is whether companies that invest in high-speed Internet infrastructure should be able to charge whatever they can get away with, or whether broadband service should be treated as a public utility. If it’s the latter, as the FCC determined in February, then government must make sure it’s affordable.

Which brings us to Charter Communications proposed $56 billion takeover of Time Warner Cable and its $10.4 billion acquisition of Bright House Networks. Both deals were announced May 26; both will need approval from the FCC and the Justice Department’s antitrust regulators.

In St. Louis, we have a love-hate relationship with Charter, a homegrown company built atop what was once Cencom Cable. It has dominated the cable TV market here almost as long as there’s been a cable market.

Charter customers endured years of poor service, its bankruptcy, its legal challenges, its ownership and management changes. Just when it got itself together, in 2012, the headquarters was moved from Des Peres to Stamford, Conn., though it retains a significant presence here.

Today our little Charter is a big fish; the Time Warner and Bright House deals would make it the nation’s second-largest cable company, with 24 million customers, behind only Philadelphia-based Comcast, with 27 million.

But cable TV no longer drives cable TV. Internet-based video services, like YouTube and Netflix, have revolutionized the way people, particularly younger people, watch TV. When cable companies first started connecting customers to the Internet through the same cables that delivered TV programming, it was regarded as a nice add-on business. Now broadband delivery is seen as a far bigger part of the future than providing TV programs.

missouriIndeed, when Comcast tried to acquire Time Warner last year, the dominance (nearly 60 percent of the market) that the combined company would have had over broadband service caused federal regulators to look askance. Comcast abandoned its bid in April.

By contrast, a Charter-Time Warner-Bright House combination (it will do business as Spectrum) will control 30 percent of the broadband market. Charter Spectrum will have 20 million broadband subscribers, compared with 22 million for Comcast.

So what can customers expect? Charter’s CEO Tom Rutledge has promised “faster Internet speeds, state-of-the-art video experiences and fully featured voice products, at highly competitive prices.”

This begs the question, competitive with whom? Comcast? Mom-and-pop operations that can’t afford the infrastructure? Municipal service providers who are being ALEC’d out of business?

Neither Charter nor Time Warner has particularly good customer service ratings (though to be fair, Charter is miles ahead of where it used to be, at least in St. Louis). Still, Charter will take on lots of debt to finance the deal, much of it in high-yield junk bonds. The broadband business provides leverage. As analyst Craig Moffett of MoffettNathanson told the Wall Street Journal: “Broadband pricing is almost an insurance policy for cable operators, in that if all else fails, you’ve always got the option to raise broadband rates.”

America wouldn’t let a private operator own 30 percent of its roads and highways. It wouldn’t allow two of them to control half the electricity. If broadband Internet service is a public utility, it must be regulated strictly.

The lesson is old as the hills: The free-marketeers who talk most passionately about competition are generally in the business of trying to eliminate it. Charter and Time Warner are both members of ALEC.

The Charter-Time Warner deal clearly is not in the public interest. The upside for shareholders is huge. The upside for Charter executives is even bigger. But it’s hard to see how Charter’s customers would see much benefit at all.

Deregulation: New Jersey Regulators Unanimously Vote to Let Verizon Do Pretty Much Anything It Wants

verizonThe New Jersey Board of Public Utilities (BPU) unanimously approved an agreement this week exempting Verizon from most basic landline service regulations, prompting immediate outrage from consumer, senior and labor groups who predict it will lead to rate increases and deteriorating service.

The agreement removes pricing oversight regulations for residential basic telephone service, single-line business telephone service, nonrecurring charges for residential service connection and installation, and residential directory assistance services. That will allow Verizon to charge whatever the market will bear after a transition period. While that may not be a big problem for cell phone users and those who have dropped Verizon for cable company phone service or a broadband-powered Voice over IP alternative, it will leave rural New Jersey residents vulnerable if Verizon abuses its pricing privileges in areas where there are no alternatives.

“Today’s back room deal is bad for seniors, bad for workers at Verizon, and bad for the millions of businesses and homes that rely on affordable, reliable phone service,” said Seth Hahn, the CWA’s New Jersey legislative and political director. “In fact, it’s bad for everyone in New Jersey except Verizon. Something changed between 2011 when Governor Christie said seniors need protections and now I fear it’s the hundreds of thousands of dollars Verizon has funneled to various entities to help Christie’s political ambitions.”

Under the new deal, Verizon will cap its current basic residential rate of $16.45 for what it calls a five-year transition period. Verizon can increase the cost by only $6 during the first five years. After that, the sky is the limit.

Landline service quality - disconnected.

Landline service quality – disconnected.

The change is likely to push many of New Jersey’s 100,000 remaining landline customers to competitive alternatives which often cost considerably less, but those with medical conditions, rural residents and seniors will likely be trapped using Verizon’s copper wire landline service indefinitely.

It’s the second major victory for Verizon. Last March, the Christie Administration let Verizon off the hook with no penalties for reneging on its commitment to wire 100% of New Jersey with fiber optics by 2010. New Jersey ratepayers paid as much as $15 billion in surcharges and higher rates for a statewide fiber network that was supposed to reach every home and business. Verizon kept the money and many parts of New Jersey never got the promised upgrades. Now those areas still using decades-old copper wiring are likely to experience an increase in service problems as Verizon continues to decrease its budget to maintain landline infrastructure.

Local officials, particularly those in rural counties, were angry the BPU approved a deregulation measure that will leave consumers exposed to deteriorating service as Verizon focuses on its more lucrative wireless business.

“Who will protect the public interest now,” Greg Facemyer, a councilman in Hopewell Township, Cumberland County told The Star-Ledger by email. “This is a sad day for the senior citizens, students and farmers in small underserved communities like Hopewell Township. Where do New Jersey residents turn when their phones don’t work. This is a clear public safety issue. Spotty wireless coverage is not a reliable alternative to Verizon’s statutory obligation to New Jersey residents.”

bpuStefanie Brand, director of the New Jersey Rate Counsel saw the vote as a rush to Verizon’s business and profit agendas.

“I am certainly disheartened that they didn’t at least allow more time,” Brand said. “I think the public has a lot to say about this and I thought it would have been a good idea to have the public’s input.”

Verizon says it is the only telecom company in New Jersey subject to the outdated regulations now being dropped. The company says its competitors have done business without price regulations and oversight and have an unfair advantage.

“Something smells at the New Jersey Board of Public Utilities and it’s not May flowers,” responded Daniel Benson, a representative of the 14th district of the New Jersey General Assembly. “At a time when Verizon isn’t maintaining its infrastructure, as evidenced by service declines throughout New Jersey, I don’t believe further deregulation is a sensible policy response. If the agreement is approved, many will be left defenseless to Verizon’s demands and get hit directly where it hurts — their pocketbooks. To add insult to injury, no public hearings are scheduled — those affected can’t even voice concerns on how changes would affect them.”

FCC Staff Recommends Sending Comcast/TWC Merger to Seventh Level of ‘Deal-Killing’ Hearing Hell

Phillip Dampier April 23, 2015 Comcast/Xfinity, Competition, Consumer News, Public Policy & Gov't Comments Off on FCC Staff Recommends Sending Comcast/TWC Merger to Seventh Level of ‘Deal-Killing’ Hearing Hell

fat+lady+sings-featureThe staff at the Federal Communications Commission decided Wednesday to make a non-decision decision regarding the merger of Comcast and Time Warner Cable, and are recommending turning over the matter, including millions of pages of company documents and 14 months of investigative findings to an administrative law judge to sort out.

The procedural move, dubbed by many regulatory experts as a “deal-killer,” is known officially as a “hearing designation order.” But executives at Comcast know it really means the FCC is sending a strong signal it does not believe the merger is in the public interest.

The sudden recommendation by the FCC is seen by some observers as a coordinated move with the U.S. Department of Justice to let Comcast CEO Brian Roberts know the deal is in serious peril. In 2011, the Justice Department declared its opposition to another blockbuster merger between AT&T and T-Mobile, and the FCC announced its own opposition just a few hours later. The merger was declared dead shortly thereafter.

Placing the matter in the hands of an administrative law judge would mean a drawn-out, complicated hearing that would probably last longer than the 1995 trial of O.J. Simpson. Few companies bother. Even if Comcast decides it will fight, if the Justice Department successfully challenges the merger in court, the hearing designation order is moot and the merger fails.

Most observers expect Comcast will call off the merger before dragging the matter out in a court or hearing room.

The Wall Street Journal broke the story last night, calling it a “significant roadblock.”

Wall Street analysts were more direct.

“The fundamental problem with this transaction is there is no major constituency outside of Comcast and Time Warner Cable that want it to move forward,” said Rich Greenfield, analyst at BTIG Research, which has been predicting the deal falls apart. Mr. Greenfield noted that it would be a “very uphill battle” for Comcast to prove its case through the FCC’s hearing process that its merger is in the public interest. “Is it really worth spending more time and resources to fight the government?”

elephant“I’d never say anything was 100 percent dead, but this is in the 99 percent category,” Greenfield added. “It’s not every day that you have a transaction that is universally hated by everyone outside of Philadelphia,” where Comcast is based.

“No, the Comcast deal isn’t dead yet,” said telecom analyst Craig Moffett on Thursday. “But it’s a bit like an elephant that has been dropped out of an airplane. At around 10,000 feet, it is technically still alive. But it is falling fast, there’s not much you can do to stop it, and its odds of survival are pretty low when it hits the ground. Engaging in a war of attrition with the U.S. government is generally a bad idea and one rarely undertaken.”

The usually brash and confident Comcast was uncharacteristically muted in their response to the latest DOJ and FCC developments.

“As with all of our DOJ discussions in the past and going forward, we do not believe it is appropriate to share the content of those meetings publicly, and we, therefore, have no comment,” said a Comcast spokeswoman.

The apparent looming defeat of the Comcast/Time Warner Cable merger would be a testament to unified opposition from consumers, programmers, competitors, and emerging online video distributors that might one day fully challenge traditional cable television.

“In a democracy like this, you have gather your forces to say no to politically powerful people,” Mark Cooper, a Comcast opponent and research director at the Consumer Federation of America, told the Philadelphia Inquirer.

[flv]http://www.phillipdampier.com/video/CNN Death sentence for Comcast merger 4-23-15.mp4[/flv]

A death sentence for the Comcast-Time Warner Cable merger? Analysts think so. CNN reports on the history of a merger deal that used to be “inevitable.” (1:42)

Senate Democrats Want to Cancel Comcast-Time Warner Cable Merger Deal

Sen. Elizabeth Warren (D-Mass.) is among six Democratic senators urging the Justice Dept. and the FCC to reject Comcast's merger deal with Time Warner Cable.

Sen. Elizabeth Warren (D-Mass.) is among six Democratic senators urging the Justice Dept. and the FCC to reject Comcast’s merger deal with Time Warner Cable.

Six Democatic senators in states directly affected by the Comcast-Time Warner Cable merger want it canceled, and are urging regulators to reject the deal.

Sens. Elizabeth Warren (D-Mass.), Al Franken (D-Minn.), Richard Blumenthal (D-Conn.), Ed Markey (D-Mass.), Ron Wyden (D-Ore.), and Bernard Sanders (Ind.-Vt.) today signed a letter asking the Justice Department and the Federal Communications Commission to block the merger.

“We write to urge the FCC and DOJ to reject Comcast’s proposed acquisition,” reads the letter, organized by Sen. Al Franken (D-Minn.). “Should the transaction survive … we believe that Comcast-TWC’s unmatched power in the telecommunications industry would lead to higher prices, fewer choices, and poorer quality services.”

The six senators went straight to the top, addressing Attorney General Eric Holder and Federal Communications Commission chairman Thomas Wheeler. At least one House member is also opposed. Rep. Tony Cardenas (D-Calif.), represents a district in Los Angeles served by Charter Communications and Time Warner Cable. Customers of both companies in Los Angeles would be served by Comcast if the merger is approved.

Comcast’s reputation precedes it, and Time Warner Cable customers have overwhelmingly told regulators they’d prefer to keep the current cable company many loathe instead of taking a chance with Comcast, rated the worst company in the United States by Consumerist.com.

“We have heard from consumers across the nation, as well as from advocacy groups, trade associations, and companies of all sizes, all of whom fear that the deal would harm competition across several different markets and would not serve the public interest,” the letter adds.

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