Community broadband networks deliver the best value and speed for North Carolina consumers and businesses

Word has reached Stop the Cap! that hundreds of e-mails and phone calls are pouring into Rep. Marilyn Avila’s (R-Time Warner Cable) office protesting her hard work on behalf of the state’s largest cable company.  We are being called “mean and nasty” by those supporting Avila’s anti-consumer bill, H.129.

Our answer to that: we are not “mean” or “nasty.”  We are fed up c0nsumers (and voters) who have serious concerns about certain state legislators who introduce bills custom-written by cable lobbyists to enact their business agenda into law.

These anti-community broadband bills have come year after year in North Carolina, despite the fact the state has an “also-ran” reputation as a broadband backwater, with tremendous room for improvement in broadband speed, price, availability, and choice of providers. The bills have also been nothing but trouble for those that have introduced them, alienating constituents and bringing them bad press:

Ty Harrell resigned his office in disgrace over financial irregularities, but he was already in hot water when he introduced his bill. We were stunned when his office staff literally handed the phone to a cable industry lobbyist sitting there to answer questions.  We held him accountable.

David Hoyle did not leave office at his finest moment either, openly admitting on television Time Warner Cable wrote the bill he introduced.

This year, it’s Ms. Avila, who repeatedly promised to hold existing community-owned networks harmless by exempting them from the draconian, project-killing legislation she has proposed.  But after closed door meetings, we learned those promises were hollow.  The words of her bill may have changed, but the results are exactly the same — she is micromanaging community networks into insolvency (while exempting the companies that wrote the bill she introduced).

The unanswered, critical question every legislator needs to ask is: How does H.129 improve North Carolina’s dismal broadband ranking and deliver improved service?

The former Rep. Harrell

The answer is, it does nothing.  Not only does it ignore the chasm of low quality service prevalent west of Charlotte and north of Winston-Salem, it specifically erects roadblocks to keep any community from trying to resolve a situation they’ve dealt with for years and years.  Ask any rural community’s leader if they’ve heard from constituents upset by the unavailability or quality of broadband in their area and you will get an earful.  The truth is, had the cable and telephone companies in the state had a real interest in providing 21st century service to these communities, they would have already done it.  With H.129, they can rest easy knowing nobody else will try.

This is not an auspicious position for Ms. Avila to take.  She ran for office upset with backroom deals, insider political maneuvering, and closed government.  Reviewing her campaign platform, the one thing she emphasized time and again was her promise to bring “open government” to the people in her district, just north of the state capital.

Where is the open government on H.129?  Nowhere to be found.

Stop the Cap! would have loved to include the complete video record of the first meeting to modify her bill to protect incumbent providers.  Only there is no video record.  The meeting was held behind closed doors, and it took a source to reveal details about how the cable and phone companies ran it as their own.  It’s the epitome of the kind of back-room deals Ms. Avila railed against in her campaign.

Considering the results, we can understand why the meeting was secret.  The cable lobby understands full well the power of sunshine’s disinfecting power.  Shining a bright light on the cozy connection between legislators and the companies whose interests they brazenly represent tells a story they do not want the voting public to hear.

Unfortunately, it gets worse.  We’ve learned Ms. Avila plans to bring H.129 to a vote in the Finance Committee as early as this Thursday, with no public discussion allowed.  Voters can be spectators of their own broadband demise, but they will not be allowed to say a word about it.  Meanwhile, certain members of the legislature have had plenty of time to meet repeatedly with cable and phone company lobbyists.

As we’ve seen time and time again, that lobbying campaign of disinformation tries to muddy the implications of bills such as these.

You cannot hear if you are not open to listening.

Legislators who may not understand what H.129 is really all about need to hear from the public and communities to understand precisely what they are voting for and what impact this legislation will have.  The ripple effects go far beyond just keeping Time Warner and CenturyLink free from pesky competition.

Neither company is truly harmed by community broadband networks.  In fact, both of them have thumbed their noses and shrugged their shoulders even in the presence of much larger competitive threats in their urban markets — Time Warner for the phone company and AT&T’s U-verse, which is available in limited areas.

The best thing Ms. Avila could do is withdraw her legislation because it simply is not in the best interests of North Carolina.  Barring that, she should do what she promised and specifically exempt ALL existing community networks in the state from the provisions of her bill.  At this point, that delivers a win to bondholders who will see their investment pay off, communities can continue to provide service to interested customers, and everyone else will continue to enjoy the benefits of lower rates these networks bring every telecommunications customer.

That’s common sense to everyone except the cable and phone companies that will stop at nothing to bury community-owned providers.

Where does your legislator stand?  If you have not made your feelings known to the members of the Finance Committee, time is running out.  Call and e-mail them and let them know you expect them to vote NO on H.129 when it reaches their committee this week.  We’re going to do our best to watch what may turn out to be another “voice vote” that prevents voters from knowing how individual members voted.  This time, we’ll be paying close attention to the lips and movements of individual committee members and take our own vote so we know who to thank and who needs to held accountable.

Finance Committee Members

(click each name for contact information)

H.129 will insure rural North Carolina's broadband will resemble the backwaters of the Great Dismal Swamp.

Despite promises to protect North Carolina’s existing community-owned broadband providers, Reps. Julia “My Word is My Bond” Howard and Marilyn “I Do What Time Warner Tells Me” Avila have reneged and intend to ram through their anti-community-broadband bulldozer bill.

Stop the Cap! learned this evening that Avila has no intention of meeting with North Carolina communities again, even as resolutions continue to pile up in Raleigh condemning their special interest legislation.

Asheville and Rockingham County have joined the city of Raleigh issuing resolutions opposing H129 and are openly wondering why state legislators are so contemptuously overruling the interests of North Carolina communities for the benefit of out-of-state corporations.

The answer, clearly, is money.

Rep. Howard apparently answers to the interests of companies like AT&T, which has donated more than $1,500 to her campaign, CenturyLink — $4,000, and Time Warner Cable, which so far has shorted her with just $750.  It evidently doesn’t take much to influence a legislator these days, and we anticipate her telecommunications contributions will spike in the near future for a job well done.  That enormous contribution from CenturyLink is telling, considering they are not the primary phone company in Howard’s district.

As a result of the sellout, H129 will likely move to the Finance Committee as early as next Thursday, effectively unchanged from its original.  The implications for the state are staggering, particularly if it drives existing community networks out of business.  That will take the state’s bond rating with it.

Howard accepted $4000 from CenturyLink.

The sad part of all this is that both representatives were elected to serve the interests of their districts, and instead they are paying more attention to the well being of big cable and phone companies who honestly don’t need their help to earn enormous profits in the state.

While unserved communities and those stuck with dismal, antiquated DSL service have their pleas for better broadband ignored, Avila and Howard are doing all they can to sabotage the networks that do provide 21st century broadband to their residents.

With this kind of hostility, don’t look for Google to bring Gigabit broadband to the Tar Heel State anytime soon.  With all of the impediments and roadblocks these two legislators have thrown up on behalf of their friends at the cable and phone company, can Google expect to be treated any better?  The search giant even signed a letter strongly opposing H129, to no avail.

It’s not too late for Rep. Howard to prove us wrong.  She can turn this around in a second by demanding real exemptions for existing municipal networks — and I mean real exemptions, not the fake passes contained in the so-called substitute amendment.  Better yet, she can distance herself altogether from this disaster.

North Carolina residents must get on the phone and call Finance Committee members and tell them this broadband train wreck needs to stop in their committee with a resounding NO vote.

Let them know H129 will not only deliver years of sub-standard broadband service in the state, it will also ruin two showcase fiber networks, harm the state’s bond rating, and make North Carolina an also-ran in broadband innovation.

At a time when the state needs to move towards digital economy jobs, thumbing your nose at the likes of Google, Alcatel-Lucent, and Intel is a giant mistake — adding insult to injury to the potential loss of community broadband networks the cable and phone companies will stop at nothing to eliminate.

Finance Committee Members

(click each name for contact information)

Rep. Avila (left) with Time Warner Cable's top lobbyist (right, back turned). Photo by: Bob Sepe of Action Audits

Rep. Marilyn Avila (R-Time Warner Cable) is living up to her much-deserved reputation as a shill for North Carolina’s largest cable company as she continues her campaign to wreak havoc on community-owned broadband networks and services.

Well-placed sources tell Stop the Cap! either Avila has an evil twin running around impersonating her, or she is saying one thing to a public audience while doing something completely different in private.

In a closely coordinated effort with the state’s top cable lobbyists, Avila met last Friday to negotiate promised protections for existing community-owned broadband networks that would otherwise be destroyed by her bill, H129, written by the state’s Big Telecom companies.

Both Reps. Avila and Julia Howard told us their word was their bond.  “The last thing that we want to do as a state is to harm one of our cities after they entered into the business,” Avila said to members of the Public Utilities Committee.

Howard expanded on her own promise: “The objective is to protect the cities that have already gone into the business.  It is our intent to carve out these cities and hold them harmless.  My word is my bond, and I don’t hear anybody snickering.  But when I say it I mean it, as the senior chair of finance, that is my pledge.  Before it heads into finance there will be a PCS that is satisfactory to everybody.”

Apparently those bonds were issued by Lehman Brothers, because they have lost all of their value to the people of North Carolina.  Nobody feels like snickering over such a serious betrayal of trust, especially when Howard’s definition of “everybody” is limited to lobbyists for the telecommunications industry.  Your consumer needs are irrelevant.

Last Friday’s meeting was once again a stage play from Time Warner Cable and their sidekick, the much-smaller CenturyLink.  After the cable company laid down the law to a stunned audience of representatives from communities across the state, fooled into thinking they were there to discuss an honest compromise, things went from bad to worse.

“It literally got down to the point where the cable company was dictating terms about what cities can and cannot do with their networks, even discussing which streets the networks would be allowed to serve,” our source tells us.

Avila’s stubborn streak was on full display, as she rejected proposal after proposal.

What about public private partnerships with full exemptions for pre-existing networks?

Rep. Avila's Message to North Carolinians: Live with what you've got or go without.

Not on Big Telecom’s approved list, so rejected out of hand, even after offering that she agreed with the concept.  Her reasoning?  She wants to go with her original bill.

The result of the one-sided discussion was two pages of legislative word jumbling in the form of a substitute amendment.  The word salad delivers substantially no real change to Avila’s original bill.  It contains virtually all of the same onerous provisions guaranteed to destroy community broadband networks, taking the state’s reputation for being a good credit risk with it.  It also delivers red meat to an industry meme “community broadband networks are business failures.”  Now you know why.

We predict Avila will use the farcical affair to claim her substitute amendment was the product of a “hard-fought compromise” with cities and providers.

In fact, it represents nothing more than a shameful broken promise to the citizens of North Carolina.  Their interests are completely secondary to Avila and her legislative allies, willing to listen to a telecommunications industry prepared to hand out campaign contributions to enact their agenda.

The collateral damage of Avila’s struggle to eliminate better broadband and keep competition to a bare minimum cannot even be measured yet. Should Avila’s bill become law, the clear message sent to would-be entrepreneurs is that North Carolina values their cable and phone companies over the needs of entrepreneurs contemplating the next generation of digital economy businesses.  Ms. Avila’s message to them, and to residents who want better broadband: live with what you’re getting from my friends or go without.

Many will choose a third option — avoiding setting up shop in a state where a handful of providers maintain a comfortable duopoly delivering the least amount of service for the highest possible price.

North Carolina Legislature

Stop the Cap! has obtained the audio from Wednesday’s Public Utilities Committee meeting that quickly pushed through H129, Time Warner’s custom-written, anti-competition and community broadband destruction bill.

Listening to the 44 minute hearing will be disturbing to anyone who supports open government and the concept of voting for or against a complete bill, not one Rep. Marilyn Avila (R-Time Warner Cable) openly admits is going to be changed.  For her, that represents no reason to delay the bill — her good friends at Time Warner need this legislation passed today, not tomorrow or next week.

As you listen, we’ve included a voter’s guide with time-indexed comments to help draw your attention to some critical points, and some much-needed fact checking.  It will also help you identify the members of the legislature that need to stay, and those that need to go.

Our apologies for the distorted audio at times.  When a member leans into the microphone, as some clearly do, it creates significant audio distortion.  It gets worse in the last 10 minutes, so watch your volume.

North Carolina’s House Public Utilities Committee Meeting on H129 – Wednesday, March 2, 2011. (44 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Your Audio Guide to The Committee Meeting

The shocking conclusion of this legislative travesty is the chairman adjourning before a recorded vote can be taken.  Without it, constituents can’t identify how their member voted and hold them accountable at the next election.

[Update 3:05pm Monday — Stop the Cap! misidentified Rep. Warren as Rep. Rowan at the 40:00 mark.  We have corrected the audio log above and regret the error.]