AT&T will spend $9.7 million in annual public subsidies to bolster its cell tower network in South Carolina in part to expand its rural wireless broadband program. Perhaps services like mobile tower lease would come in handy.

The Federal Communications Commission approved the funding, which is expected to cost Americans nearly $10 million annually until 2020 to boost wireless coverage in 20 mostly rural counties in South Carolina to reach an estimated 12,000 new homes and businesses by the end of this year. Nationwide, the company is getting almost $428 million a year to extend access to 1.1 million customers in 18 states, the FCC says.

AT&T plans to spend the money to improve cell towers it already has in place for its mobile phone customers. The company admitted it will rely on existing infrastructure and won’t lay a single new strand of fiber optics. Instead, wireless broadband customers will share space with AT&T’s existing mobile customers on AT&T’s backhaul network.

“Because of the wireless aspect of it and the greater ability to deliver that last-mile connection, it does help to overcome any obstacles that may be in the cost equation,” Hayes said. “This initial build, with it being infrastructure that we have in place with these towers, that comes from years of investment.”

AT&T will also be able to promote its own products and offer customers discounts and free installation when they agree to sign up for other AT&T services. Hayes said the service will cost $60 a month for everyone else, along with a one-time installation fee of $99.

“Because of the wireless aspect of it and the greater ability to deliver that last-mile connection, it does help to overcome any obstacles that may be in the cost equation,” spokesman Daniel Hayes told The Post and Courier. “This initial build, with it being infrastructure that we have in place with these towers, that comes from years of investment.”

AT&T is treating the fixed wireless program, which offers up to 10Mbps service, as an alternative to wiring fiber optics in outer suburban and rural areas.

With taxpayer/ratepayer dollars financing a significant part of the cost, AT&T will have a de facto monopoly in its rural service areas where it has traditionally declined to offer or maintain DSL service or consider fiber optic upgrades, leaving these areas without broadband service until the subsidy program began.

July 17, 2017

Marlene H. Dortch, Secretary
Federal Communications Commission
Office of the Secretary
445 12th Street, SW
Washington, DC 20554

Dear Ms. Dortch,

Stop the Cap! is writing to express our opposition to any modification now under consideration of the 2015 Open Internet Order.

Since 2008, our all-volunteer consumer organization has been fighting against data caps, usage-based billing and for Net Neutrality and better broadband service for consumers and businesses in urban and rural areas across the country.

Providing internet access has become a bigger success story for the providers that earn billions selling the service than it has been for many consumers enduring substandard service at skyrocketing prices.

It is unfortunate that while some have praised Clinton era deregulatory principles governing broadband, they may have forgotten those policies were also supposed to promote true broadband competition, something sorely lacking for many consumers.

As a recent Deloitte study[1] revealed, “only 38 percent of homes have a choice of two providers offering speeds of at least 25Mbps. In rural communities, only 61 percent of people have access to 25Mbps wireline broadband, and when they do, they can pay as much as a 3x premium over suburban customers.”

In upstate New York, most residents have just one significant provider capable of meeting the FCC’s 25Mbps broadband standard – Charter Communications. In the absence of competition, many customers are complaining their cable bills are rising.[2]

Now providers are lobbying to weaken, repeal, or effectively undermine the 2015 Open Internet Order, and we oppose that.

We have heard criticisms that the 2015 Order’s reliance on Title II means it is automatically outdated because it depends on enforcement powers developed in the 1930s for telephone service. Notwithstanding the fact many principles of modern law are based on an even older document – the Bill of Rights, the courts have already informed the FCC that the alternative mechanisms of enforcement authority that some seem motivated to return to are inadequate.

In a 2-1 decision in 2014, the U.S. Court of Appeals for the D.C. circuit ruled:

“Given that the Commission has chosen to classify broadband providers in a manner that exempts them from treatment as common carriers, the Communications Act expressly prohibits the Commission from nonetheless regulating them as such. Because the Commission has failed to establish that the anti-discrimination and anti-blocking rules do not impose per se common carrier obligations, we vacate those portions of the Open Internet Order.”[3]

In fact, the only important element of the pre-2015 Open Internet rules that survived that court challenge was a disclosure requirement that insisted providers tell subscribers when their internet service is being throttled or selected websites are intentionally discriminated against.

Unfortunately, mandatory disclosure alone does not incent providers to cease those practices in large sections of the country where consumers have no suitable alternative providers to choose from.

Reclassifying broadband companies as telecommunications services did not and has not required the FCC to engage in rate regulation or other heavy-handed oversight. It did send a clear message to companies about what boundaries were appropriate, and we’ve avoided paid prioritization and other anti-consumer practices that were clearly under consideration at some of the nation’s top internet service providers.

In fact, the evidence the 2015 Open Internet Order is working can be found where providers are attempting to circumvent its objectives. One way still permitted to prioritize or favor selected traffic is zero rating it so use of preferred partner websites does not count against your data allowance.[4] Other providers intentionally throttle some video traffic, offering not to include that traffic in your data allowance or cap.[5] Still others are placing general data caps or allowances on their internet services, while exempting their own content from those caps.[6]

Our organization is especially sensitive to these issues because our members are already paying high internet bills with no evidence of any rate reductions for usage-capped internet service. In fact, many customers pay essentially the same price whether their provider caps their connection or not. It seems unlikely consumers will be the winners in any change of Open Internet policies. Claims that usage caps or paid prioritization policies benefit consumers with lower prices or better service are illusory. One thing is real: the impact of throttled or degraded video content which can be a major deterrent for consumers contemplating disconnecting cable television and relying on cheaper internet-delivered video instead.

Arguments that broadband investment has somehow been harmed as a result of the 2015 Order are suspect, if only because much of this research is done at the behest of the telecom industry who helped underwrite the expense of that research. Remarkably, similar claims have not been made by executives of the companies involved in their reports to investors. Those companies, mostly publicly-traded, have a legal obligation to report materially adverse events to their shareholders, yet there is no evidence the 2015 Order has created a significant or harmful drag on investment.

In a barely regulated broadband duopoly, where no new significant competition is likely to emerge in the next five years (and beyond), FCC oversight and enforcement is often the only thing protecting consumers from the abuses inherent in that non-competitive market. Preserving the existing Open Internet rules without modification is entirely appropriate and warranted, and has not created any significant burdens on providers that continue to make substantial profits selling broadband service to consumers.

Transferring authority to an overburdened Federal Trade Commission, not well versed on telecom issues and with a proven record of taking a substantial amount of time before issuing rulings on its cases, would be completely inappropriate and anti-consumer.

Therefore, Stop the Cap!, on behalf of our members, urges the FCC to retain the 2015 Open Internet Order as-is, leaving intact the Title II enforcement foundation.

Respectfully yours,

Phillip M. Dampier
Founder and Director

Footnotes:

[1] https://www2.deloitte.com/us/en/pages/consulting/articles/communications-infrastructure-upgrade-deep-fiber-imperative.html#1

[2] “Thousands of Time Warner Cable Video Customers Flee Spectrum’s Higher Prices.” (http://bit.ly/2tjHJ8f); “Lexington’s Anger at Spectrum Cable Keeps Rising. What Can We Do?” (http://www.kentucky.com/news/local/news-columns-blogs/tom-eblen/article160754069.html)

[3] http://www.cadc.uscourts.gov/internet/opinions.nsf/3AF8B4D938CDEEA685257C6000532062/$file/11-1355-1474943.pdf

[4] https://cdn3.vox-cdn.com/uploads/chorus_asset/file/7575775/Letter_to_R._Quinn_12.1.16.0.pdf

[5] https://www.t-mobile.com/offer/binge-on-streaming-video.html

[6] http://www.chicagotribune.com/bluesky/technology/ct-data-cap-policies-20151214-story.html

Microsoft is indirectly getting into the internet access business with its support for white-space wireless internet access for two million rural Americans by 2022.

The project will involve a partnership putting Microsoft’s financing together with rural telecommunications companies that want a rural broadband solution for their customers.

Microsoft has spent at least a decade promoting “white space” wireless broadband, which works over unused UHF TV channels. An internet provider markets the service as a next generation Wi-Fi network, capable of serving customers over a much larger distance than traditional in-home or business Wi-Fi. The service transmits from strategically placed antenna towers that are capable of delivering internet access to dozens of families in an immediate area.

Pilot projects not associated with Microsoft are already up and running in selected rural areas with mixed results. None of the projects have lived up to their pre-launch hype, but most have been a significant improvement over satellite internet access. Speed variability and capacity has proven difficult technical challenges, and finding ongoing financial resources to maintain the wireless network once constructed has also been a challenge.

Rural community politics is never too far away. Thurman, N.Y.’s white space broadband project Stop the Cap! wrote about two years ago has turned into a political football. Only about three dozen residents subscribe to the white space internet service and vocal opponents of the project and controversy over other spending initiatives caused the town’s CEO and one board member to resign. Town meetings have deteriorated into shouting matches as recriminations are fired back and forth. One of the project designers resigned after the town refused to honor an invoice for a cost overrun. The white space project was funded with a grant that required local matching funds. With only a few dozen customers using the service, some taxpayers object to underwriting its expenses.

The technology has not been a runaway success in the U.S., but Microsoft has had better luck funding internet access to 185,000 people in 20 wireless projects, many in the developing world.

Microsoft president and chief legal officer Brad Smith today introduced Microsoft’s plan to expand white space internet in the U.S., pointing to a white paper laying out Microsoft’s rural broadband strategy, which will leverage several wireless technologies.

A combination of technologies can substantially reduce the total cost of extending broadband coverage. Specifically, a technology model that uses a combination of the TV white spaces spectrum, fixed wireless, and satellite coverage can reduce the initial capital and operating costs by roughly 80 percent compared with the cost of using fiber cables alone, and by approximately 50 percent compared with the cost of current LTE fixed wireless technology.

One key to deploying this strategy successfully is to use the right technology in the right places. TV white spaces is expected to provide the best approach to reach approximately 80 percent of this underserved rural population, particularly in areas with a population density between two and 200 people per square mile. […] Satellite coverage is expected to be the most cost-effective solution for most areas with a population density of less than two people per square mile, and LTE fixed wireless for most areas with a density greater than 200 people per square mile. This mixed model for expanding broadband coverage will likely bring the total national cost of closing the rural broadband gap to roughly $10 billion.

To cover the costs, Microsoft has agreed to front its own money and recover it later. The Mid-Atlantic Broadband Communities Corp. received $250,000 from Microsoft. Another $500,000 originated with the Virginia Tobacco Region Revitalization Commission and another $250,000 came from the telecom company. Mid-Atlantic hopes to expand white space internet access to 1,000 local customers by the end of the year.

Mid-Atlantic today offers residents in Charlotte and Halifax counties, two rural regions in southern Virginia, free internet access to a limited number of education-related sites with speeds of 3-4Mbps. Customers can pay to access the entire web at those speeds for about $10 a month. A premium tier raises speeds to 8-10Mbps for $40 a month. About 90% of subscribers have chosen the free service, an alarming percentage for any company trying to sell internet access and recoup its investment. It currently costs around $1,000 to hook up each customer, a number local officials hope to reduce to $100 eventually.

Microsoft argues the technology is still cheaper than the alternatives – 80 percent less costly than fiber to the home service and half the price of 4G LTE wireless.

To guarantee the technology will work, Microsoft wants to preserve unlicensed frequencies not currently in use by licensed television stations for “white space” broadband.

“The Incentive Auction reduced the number of available channels that can be used for TV white spaces technologies,” Microsoft noted in its white paper. The company is referring to the FCC’s auction of UHF TV licenses, freeing up channels to be repurposed for wireless data expansion by the country’s mobile phone operators. “To make the significant investments necessary to reach economies of scale, potential TV white spaces network operators and device and chip manufacturers have converged on the need for a minimum of three usable TV white spaces channels in every market, with additional TV white spaces available in smaller markets.”

In other words, Microsoft wants the FCC to ensure at least three unused UHF channels in each city in the country are kept available for unlicensed spectrum users, like white space internet. That brought a scathing response from the National Association of Broadcasters (NAB) who called Microsoft’s request “nonsense on its face”:

The proposal is either unnecessary, because there will be plenty of spectrum, or it is harmful, because there will not be enough. If you were playing musical chairs with someone and he told you, “you must reserve that chair for me, but don’t worry, there are plenty of chairs for everyone,” you would rightly be suspicious. The post-auction repack is essentially a game of musical chairs for displaced low power stations. Microsoft is telling the Commission: (1) it needs to have a chair reserved for unlicensed use, but that (2) there will be no effect from that reservation on anyone else. One of those assertions is untrue.

Microsoft also claims that only the reservation of spectrum can provide the regulatory certainty that Microsoft needs to increase investment in white space technology. But the truth is the Commission just held a lengthy auction of the very spectrum Microsoft claims it so urgently desires. If Microsoft were interested in increasing investment, it had an unprecedented opportunity to get guaranteed access to 600MHz spectrum with a nationwide footprint. Instead, Microsoft is trying to convince the Commission to give Microsoft a backdoor frequency allocation with exclusive access to that spectrum for free, and on better terms than winning auction bidders received.

Certain parts of the northeastern U.S. are signal-crowded, with no available white space channels.

The NAB objects to Microsoft requesting spectrum without directly paying for it, but Microsoft’s actual request is that those frequencies be reserved for unlicensed users of all kinds, not just for white space internet. The NAB accuses Microsoft of potentially increasing interference for licensed TV stations on a newly crowded, repacked UHF dial, a theory that seems unlikely in the most rural parts of the country where over the air television reception is problematic or non-existent. There are urban areas of the country, particularly in the Boston-New York-Washington corridor where open channel space is either not available or severely limited, but white space internet was designed to resolve rural broadband problems, not urban ones.

To find out what is true and what is theoretical Microsoft announced 12 new white space pilot projects in 12 U.S. states, including Arizona, Georgia, Kansas, Maine, Michigan, New York, North Dakota, South Dakota, Texas, Virginia, Washington, and Wisconsin that will be up and running over the next year. Few details are available about the specific communities involved or the types of access to be offered. Microsoft only said if it gets its way, it could be providing internet access to two million more Americans by July 4, 2022.

Most customers are likely not going to get the FCC’s definition of broadband (25Mbps) from the current generation of white space broadband technology. Speeds are often comparable to DSL and just as variable, depending on reception conditions. The NAB questions whether this technology will really make much difference.

“Microsoft has been making promises about white spaces technology for well over a decade,” the NAB wrote on a blog post, noting it estimates fewer than 300 customers are getting white space internet access in the U.S. “There remain few tangible consumer benefits associated with white spaces deployments across the U.S.”

For states like New York, embarked on their own efforts to achieve 100% broadband penetration, Microsoft’s project may be too little, too late. Governor Andrew M. Cuomo launched the final phase of the New NY Broadband Program in March, seeking to deliver a final round of funding to secure access to high-speed internet for all New Yorkers by the end of 2018, four years sooner than Microsoft’s target date for its project. New York’s rural broadband expansion program relies primarily on incumbent providers and helps subsidize expansion of their networks to reach customers deemed too expensive to serve without supplemental funding.

AT&T Fixed Wireless Internet, intended for rural areas, is now available in eight new states in the southern U.S., joining Georgia:

• Alabama
• Florida
• Kentucky
• Mississippi
• North Carolina
• South Carolina
• Tennessee
• Louisiana

More than 70,000 locations can now subscribe to the fixed wireless service at prices ranging from $50-70 a month. AT&T said it was on track to expand the service to over 400,000 locations by the end of 2017 and over 1.1 million locations by 2020. Later this year, the service will be introduced in rural areas of Arkansas, California, Illinois, Indiana, Kansas, Michigan, Ohio, Texas and Wisconsin.

“We’re committed to connect hard-to-reach locations to the internet. This changes lives and creates economic growth for these areas,” said Cheryl Choy, vice president of wired voice and internet products at AT&T. “We’re excited to bring this service to even more underserved locations.”

An exact list of communities served isn’t available, but AT&T allows potential customers to enter their zip code on its website to determine availability.

AT&T introduced the fixed wireless service in parts of rural Georgia earlier this spring. The plan offers up to 10Mbps of speed with a 160GB monthly data cap. If a customer exceeds that amount, their account is charged $10 for each additional 50GB increment, up to a maximum overlimit fee of $200 a month.

Customers with a DirecTV and AT&T mobile phone subscription can get AT&T’s Fixed Wireless service for $50 a month. Those who don’t have a satellite package but are willing to sign a one-year contract will pay $60 a month. If you want to skip the contract, the price rises to $70 a month. An installation fee of $99 also applies, unless a customer also signs up for DirecTV.

South Jersey: The worst broadband problems are in the southernmost counties closest to Delaware.

Customers hoping New Jersey’s telecom regulator would compel Verizon to expand fiber to the home service across southern New Jersey are out of luck.

The New Jersey Board of Public Utilities (BPU) approved a settlement between Verizon New Jersey, Inc., Cumberland County, and 18 southern New Jersey towns that alleged Verizon failed to properly maintain its wireline network in areas where it has chosen not to deploy FiOS — its fiber to the home service. But the settlement will only compel Verizon to maintain its existing copper network and offer token DSL and FiOS expansion in some unserved rural communities.

“We have heard our customers’ concerns in South Jersey and are pleased to have reached an agreement with the approval of all 17 towns on a maintenance plan going forward,” said Ray McConville, a Verizon spokesman. “We look forward to staying in regular communication with the towns to ensure our customers continue to receive the level of service they expect and deserve.”

“While the Board was fully prepared to proceed on this matter, the parties were able to reach a negotiated settlement which takes into consideration the needs of each community,” said Richard S. Mroz, president, N.J. Board of Public Utilities.

But some residents of those communities beg to differ.

“It’s another example of Chris Christie’s hand-picked regulators letting Verizon off the hook and sticking us in a digital divide,” complained Jeff Franklin, a Verizon DSL customer in Cumberland County. “Verizon should not be allowed to offer one half of the state modern broadband while sticking the rest of us with its slow DSL service.”

Franklin is upset that communities bypassed by Verizon’s FiOS network appear to have little chance of getting it in the future, now that regulators have agreed to allow Verizon to fix its own copper network.

“All the Board did was force Verizon to do what it should have been doing all along, taking care of its own network,” Franklin complained to Stop the Cap! 

Verizon did agree to expand its fiber network into the communities of Estell Manor, Weymouth Township, Corbin City, and Lower Alloways Creek Township, but only because of a 2014 agreement with Verizon compelling them to offer broadband to residents who read and complete a “Bona Fide Retail Request” (BFRR) form which stipulates homes and businesses in Verizon’s New Jersey territory can get broadband if they don’t have it now as long as these criteria are met:

• Have no access to broadband service from a cable provider or Verizon;
• Have no access to 4G-based wireless service; and
• Sign a contract for at least one (1) year of broadband service and pay a $100 deposit.

“BFRR is a joke because it requires potential customers have no access to 4G wireless service,” claimed Franklin. “You have to go to the government’s National Broadband Map to determine eligibility, which is very tough because — surprise, surprise — Verizon itself contributed its 4G wireless coverage information for that map and as far as Verizon is concerned, their 4G coverage in New Jersey is beautiful, even though it really isn’t.”

If a single provider submits map data that shows a home address is already covered by 4G wireless service, even if that isn’t accurate on the ground, that customer is ineligible under the terms of BFRR. Even if they were able to subscribe to 4G broadband, most plans are strictly data capped or throttled.

Under the settlement, Verizon gets to choose what technology to deploy. Outside of the four communities getting FiOS, the rest of South Jersey will have to continue relying on Verizon’s DSL service. Verizon has agreed to extend DSL to 2,000 new residences and businesses in Upper Pittsgrove, Downe, Commercial, Mannington, Pilesgrove, and South Harrison. It will also fix some of its DSL speed congestion problems and monitor for future ones as part of the settlement.

But DSL won’t work if Verizon’s wireline network stays in poor shape. The company has agreed to deploy its “Proactive Preventative Maintenance Tool” (PPMT) to scan its copper network to identify and repair or replace defective cables. Verizon has also agreed to daily inspections of outside facilities and fix any detected problems within 30 days, as well as regularly reporting back on the condition of its infrastructure inside the towns affected under the settlement.

This agreement took a year and a half to reach and will keep the two parties out of court, but many are not satisfied being left with Verizon’s DSL service.

“Unfortunately, the BPU continues to allow Verizon to pick and choose which residents will receive modern telecommunications at an affordable cost,” Greg Facemyer, a Hopewell Township committeeman in Cumberland County, told NewsWorks. “The state legislature needs to recognize these inequities and step in and level the playing field for South Jersey. Otherwise, our region will continue to fall even farther behind and be less competitive.”