Sen. Chip Rogers' vision of rural Georgia's broadband future

Sen. Chip Rogers (R-Woodstock) thinks he knows broadband.  He, along with several other Georgia legislators well-compensated by some of the state’s largest telecom interests, have defined appropriate Internet speeds at a remarkably low “200 kilobits per second,” less than four times faster than your old AOL dial-up Internet account.  The one you canceled in 1998.

With a background like that, it was no surprise last Thursday when technology leaders and city representatives from across Georgia testified before the Senate Regulated Industries & Utilities Committee, strongly objecting to Rogers’ SB 313, a bill bought and paid for by the very companies the legislation would effectively protect from competition.

Rogers argues he wants to “level the playing field” between private providers that currently dominate broadband service in Georgia, and the long-suffering communities in rural areas that have waited for faster Internet since the Clinton Administration.

City officials from Dalton, Newnan, Elberton, Thomasville, Cartersville, LaGrange, Hogansville and Monroe collectively noted the proposed legislation hardly represents a level playing field when it fully exempts the bill’s backers from any of its provisions.  Thomasville mayor Max Beverly noted the same cable and phone companies that fiercely fought for statewide cable franchises for themselves now want to impose rules that forbid publicly-run companies from operating outside of their respective city limits.

“We would have to turn off service to the county’s two largest employers,” Thomasville Mayor Max Beverly told the Senate panel. “There is no telling what that would do to jobs in our area.”

Those testifying uniformly noted they entered the broadband business because private providers refused to deliver adequate service in their areas.

What community broadband provides communities the big phone and cable companies don't.

“We started our cable system not on a whim but on a demand from our citizens to provide a higher level of service for cable TV and Internet,” said Newnan Mayor Keith Brady. “We got into the cable business originally to provide fiber optics and broadband because Charter Communications would simply not invest in our community.”

Now cable and phone companies across Georgia are supporting legislation that would make that community service next to impossible to provide.

“The most ironic part of legislation like SB 313 is that cable and phone companies only take an interest in rural broadband when they ghostwrite bills like this to stop other people from providing the service themselves,” said Stop the Cap! reader Max Curr. “When I lived in Hiltonia, some of these same companies laughed at me when I asked about broadband. It simply was not profitable, they were not going to provide it, and with this bill, they will make sure it stays that way.”

But the cost to consumers extends way beyond the most rural corners of the state. SB 313 also hurts existing cable and phone customers who pay higher rates because of the lack of competition.  That assures the kind of anemic broadband Rogers and his friends in the cable and phone industries are only too happy to define as 200kbps.  At least that is 10kbps more than a similar bill being pushed by telephone and cable operators in South Carolina.

Brady says their community-owned system not only provides broadband where Charter would not, the cable company also was forced to reduce their rates for consumers in nearby communities, saving taxpayers across the entire city and county millions.

In Elberton, the lack of broadband was so pervasive the 4,700 local residents demanded the city provide the service themselves. Commercial providers had stonewalled the county seat of Elbert County for years until the city broke ground on a broadband project in 2001.

Dalton Utilities' CEO Don Cope (left), Newnan mayor Keith Brady (right) (Photo: Georgia Municipal Assn.)

Elberton City Manager Lanier Dunn complained SB 313 undercuts the rational definition of minimum Internet speeds to levels most Americans would not even consider “broadband.”  Dunn noted that the 2010 National Broadband Plan calls for download speeds 250 times greater, and by 2020 500 times greater, than what Rogers’ bill currently defines as broadband service.

“We should be reaching for higher and faster speeds, not relegating ourselves to barely just above dial-up,” Dunn said.

Don Cope, president and CEO of Dalton Utilities, demonstrated that municipal broadband systems are not the financial risk large telecommunications companies always claim they represent.  In fact, Dalton’s system has never received a penny of tax revenue and its accounting is open to public scrutiny to prove it.

Cope noted SB 313 imposes restrictions on community providers, but completely exempts those owned by the companies pushing the bill.

“I would ask that you look at the private providers in the state,” Cope said. “Look at their reports, and you would see how many dollars that are provided to them from the federal government. We are talking about in the billions of dollars. All the [private telecommunications entities] that I know about have some form of government support.”

Dalton isn’t the only city in Georgia with a successful community-owned operation.

The city of Newnan found their system such a valuable asset, they sold it at a profit to a private company in 2008 and used the proceeds to pay off its remaining construction costs.

Phillip "Rural Georgia Isn't On AT&T's Mind" Dampier

Columbia County, Georgia has been talking about fiber optic broadband for two years — two years that the state’s largest phone and cable companies have not stepped up to provide suitable broadband to local schools, residents, and libraries.  In 2010, enough was enough and the county applied for, and won, a $13.5 million Broadband Technology Opportunity Program grant to increase broadband and wireless access to the Internet throughout the area.  Local taxpayers chipped in about $4.5 million in 1-percent sales tax dollars, and in-kind voluntary donations worth $2.3 million fulfilled the grant requirement that local matching funds be provided.

To residents long-suffering with satellite-delivered Internet, usage-capped mobile broadband, spotty DSL service, and frequent outages and slow speeds, a modern fiber network would help 120,000 county residents obtain the kind of broadband service people elsewhere take for granted.  Columbia County’s rural character is evident when you consider it contains only two small incorporated cities and 91 percent of the population lives in unincorporated areas, making the eastern Georgia county an afterthought for big phone and cable companies who see better profits in bigger cities.

Now these companies, with the help of a campaign contribution-gorging state legislator, are intent on stopping projects even in areas they could care less about.

The News-Times captured this image from the groundbreaking ceremony for Columbia County's new fiber network in 2010. Big phone and cable companies would like them to run this picture again at the project's burial.

Columbia County’s local newspaper, the News-Times, is alarmed at the prospect of public tax dollars already spent on the project burned for the benefit of Big Telecom companies:

Republican State Sen. Chip Rogers, fueled by generous contributions from telecommunications companies, has filed a bill in the Georgia Legislature that, he claims, would protect private service providers from unfair competition by government-subsidized broadband systems.

Nonsensically, some in Columbia County welcomed the news as a slap at the county’s government. While we’re on record opposing the concept of the $13.5 million federal grant that allows the county’s entry into broadband, the fact remains that the project already is underway.

That federal program is designed to expand broadband Internet service to rural areas that, because of the up-front infrastructure costs, aren’t deemed profitable by private companies. Our county has plenty of those areas, served at best only by spotty, expensive cellular-based services.

Columbia County’s program wouldn’t compete with private companies. Instead, it uses the federal grant and local sale-tax funding to build that high-speed infrastructure, which private companies can then lease to provide Internet service to underserved areas.

Rather than undercutting local communities and sacrificing rural customers on behalf of the private companies, Rogers ought to look for ways to improve such public-private partnerships. Columbia County taxpayers had better hope so, too, unless they want all the money they’ve spent wiring the county with fiber optic cables to have been wasted.

SB. 313 is just another contract taken out on community-owned broadband networks that could deliver competition (and worse — far better service) to areas of Georgia where even conservative-minded voters wary of spending public money on anything are simply fed up with the status quo.

Columbia County, Georgia

So much for the Columbia County Broadband Network, a 220-mile, county-wide fiber middle mile network that will connect nearly 150 community anchor institutions and enhance health care, public safety, and government services throughout the county. Anchor institutions hoping to be connected at broadband speeds of 100 Mbps to 10 Gbps include K-12 schools, fire and emergency facilities, public libraries, Augusta Technical College, and the Columbia County Health Department. The project also planned to facilitate the creation of a high-capacity data center at the Medical College of Georgia, support a sophisticated county-wide traffic and water control system, and construct five wireless towers to enhance public safety communications as well as improve wireless communications capabilities throughout the region.

If Rogers’ bill passes, the county may have to go back to begging for access from the companies that have repeatedly said it wasn’t worth the investment or their time.

County officials have been more generous, offering all along to share access to the fiber network with the very providers who are seeking to destroy it.  So far, that hasn’t changed any minds.

“If we don’t own it, that means we don’t want you to have it” is standard operating procedure for the state’s phone and cable operators, even in the service areas they routinely ignore, even if it means flushing millions of dollars already spent on new networks down the drain.

That’s money-fueled politics.  State legislators with Big Telecom dollars in their eyes can’t see the 120,000 Columbia County residents waiting years for better broadband.  Perhaps the best way to reach legislators in Atlanta is to condemn them to the same kind of broadband service local residents in Evans, Martinez, and Appling are forced to endure, if they have it at all.

Obama

In his State of the Union address last night to Congress, President Barack Obama complained that America’s digital infrastructure is inadequate to allow entrepreneurs and small businesses to successfully market their goods and services over the Internet.

“So much of America needs to be rebuilt. We’ve got crumbling roads and bridges, a power grid that wastes too much energy, an incomplete high-speed broadband network that prevents a small-business owner in rural America from selling her products all over the world.

During the Great Depression, America built the Hoover Dam and the Golden Gate Bridge. After World War II, we connected our states with a system of highways. Democratic and Republican administrations invested in great projects that benefited everybody, from the workers who built them to the businesses that still use them today.

In the next few weeks, I will sign an executive order clearing away the red tape that slows down too many construction projects. But you need to fund these projects. Take the money we’re no longer spending at war, use half of it to pay down our debt, and use the rest to do some nation-building right here at home.”

President Obama also touched on the problem of online piracy and imported counterfeit goods.  Last week, controversy over online piracy legislation including the Stop Online Piracy Act (SOPA) and the Protect IP Act (PIPA), brought consumer opposition to both, temporarily shelving the measures.  But the president acknowledged the problem was not going away.

“It’s not right when another country lets our movies, music, and software be pirated,” he said. “Tonight, I’m announcing the creation of a Trade Enforcement Unit (TEU) that will be charged with investigating unfair trading practices in countries like China. There will be more inspections to prevent counterfeit or unsafe goods from crossing our borders.”

Upton

Republicans fired back at the president over his rural broadband remarks, accusing the administration and the Federal Communications Commission of supporting pre-conditions on forthcoming spectrum auctions.  One House committee chairman tasked with broadband issues said the FCC was supporting policies that could reduce auction proceeds by reserving certain frequencies for up-and-coming wireless competitors or restrict how much spectrum a current market leader like AT&T or Verizon Wireless could acquire.

“The President said we have an incomplete high-speed broadband network, but his Federal Communications Commission is protecting its turf instead of joining us to free up airwaves to build the next generation communications networks,” said House Energy & Commerce Committee chairman Rep. Fred Upton (R-Mich.).

FCC chairman Julius Genachowski has had little regard for the House Republican-backed proposal that could potentially tie the FCC’s hands to set rules for spectrum auctions.  House Republicans also oppose setting aside certain spectrum for free, unlicensed high-power Wi-Fi use, preferring to auction as much spectrum as possible.

Earlier this month, Upton blasted the FCC chairman for opposing a “winner take all” auction approach:

“Bluster aside, it sounds like we have a federal agency more concerned about preserving its own power than offering serious improvements as we prepare to finalize this legislation. We worked with the FCC’s auction experts to give the agency the legitimate flexibility it needs to design the mechanics of the auction. It’s time to stop the FCC from engaging in political mischief that will hurt competition and steal money from the taxpayer’s coffers. Don’t take our word for it – look at the 2008 auction. The FCC imposed conditions on the C and D blocks that ultimately prevented the D-block from selling and pushed smaller carriers out of the auction. Taxpayers lost somewhere in the neighborhood of $5 billion, and spectrum remains sidelined. And speaking of protecting taxpayers, it’s time for the FCC and others to be honest about how taxpayers would be affected by their plans to give away valuable spectrum to favored constituencies. Our goal is to strike the right balance by keeping plenty of opportunity for unlicensed use without forcing taxpayers to forfeit any return on a resource that everyone agrees is worth billions.”

Getting Internet service in rural America can involve a whole lot more than calling the local phone company to check if DSL service is available.  When it is not, satellite broadband is often the only realistic choice to access the Internet.  Unfortunately, navigating through the options, terms and conditions, and restrictions requires the help of a lawyer or rocket scientist.

Kevin Hanssen, a dairy farmer in rural Wisconsin is just one of a dozen Stop the Cap! readers who access us over a satellite Internet connection.  He, along with others, have been writing requesting assistance navigating an increasingly confusing amount of detail about recent upgrades taking place at the parent company of his provider — WildBlue, a service of ViaSat.

As Stop the Cap! recently reported, ViaSat is placing a new satellite into service that will bring improved service for certain customers.  Long time customers like Hanssen have waited more than two years for company-promised upgrades that would bring better speeds and more generous usage policies. Currently, Hanssen faces a tiny usage allowance and “broadband” speeds of well under 1Mbps, especially in the evening.

“As a long term customer, I have lived under a plan that gives me 7.5GB in downloads and 2.3GB in uploads, but my experience with WildBlue may be very different than other customers, because the company has so many legacy and special plans that apply to different customers, so it is very hard to say ‘this is WildBlue’s policy’ because it can vary so much,” Hanssen tells us.

Indeed, over WildBlue’s history, ViaSat has changed its access policies several times, sometimes raising, but often lowering usage allowances accompanied by rate adjustments.  Since 2005, WildBlue customers who originally faced a simple 30-day consumption limit that reset after each billing cycle now face a combination of a usage allowance under the company’s “Fair Access/Data Allowance Policy (FAP),” and an even more confusing rolling speed throttle called the “Quota Management Threshold (QMT).”  Exceeding a monthly usage allowance guarantees broadband speeds of dial-up or less.  Speeds are also curtailed temporarily for customers who run browsing sessions that consume as little as 30MB over a 30 minute period.

WildBlue's Quota Management Threshold starts reducing your speeds after a heavy browsing session.

With the help of Cisco, which created the throttled bandwidth technology, WildBlue’s combined FAP and QMT systems make it impossible for a customer punished just once by speed throttles to completely clear their record as a ‘known bandwidth abuser’ unless they avoid using any bandwidth for a month.  For most customers unequipped to fully grasp the highly technical explanations of both policies, customer service representatives boil it down to something easier to understand: the less service you use, the better the chance you will not face a speed throttle rendering your connection practically unusable.

WildBlue's confusing throttle.

With strict limits in place, WildBlue not surprisingly scores among the lowest of all Internet Service Providers for customer satisfaction, and its nearest competitor Hughes does no better.

“As you have written before, satellite really is ‘take it or leave it broadband’ — heavily rationed, confusing, and very expensive,” Hanssen says.

For Hanssen and other Stop the Cap! readers who rely on satellite Internet, the promise of new capacity and faster speeds were supposed to turn “satellite as a last resort” into something more comparable to 4G wireless in America’s most rural areas.  But as our readers share, there is a big chasm between marketing hype and reality for customers on the ground.

Confusing Brands & Pricing

ViaSat has not been content to offer customers a single brand of satellite broadband service.  In addition to WildBlue itself, ViaSat markets plans under the American Recovery Act (the broadband stimulus program), co-branded service from DirecTV, DISH, AT&T and the National Rural Telecommunications Cooperative (NRTC), and forthcoming service on its newest satellite, ViaSat 1, which the company is marketing as “Exede” Internet. Customers west of the Mississippi who qualify for the American Recovery Act program get free installation and more generous usage allowances of up to 60GB per month.

“For two years, WildBlue has told us better usage allowances and faster service was coming with the new upgraded satellite, which we assumed would service all existing WildBlue customers,” Hanssen shares. “Now it turns out they are leaving existing WildBlue customers behind on the old satellite and creating a brand new service to sell new customers on the new satellite.”

Indeed, for marketing purposes, WildBlue and Exede are two different entities, and WildBlue customers looking for faster speeds from Exede will need to pony up at least $150 for new equipment, sign a new contract, and switch to a new Fair Access Policy that actually delivers many customers a lower usage allowance than their existing service from WildBlue offers.

“It’s total bait and switch, promising us faster service and then reducing the usage allowance that goes with it and adding around an $8/GB over-usage fee on Exede,” Hanssen says.

For customers served by the new ViaSat 1 satellite, Exede sells service based on usage, not speed.  The advertised speed (not independently verified) is 12/3Mbps, which will cost $49.99 for up to 7.5GB per month, $79.99 for 15GB per month, or $129.99 for 25GB per month.

“Highway robbery I call it, because some of those caps are lower than on WildBlue so you are paying for better speed you won’t be able to use unless you agree to pay a lot more for a bigger allowance,” Hanssen says.

New Customers Get Priority Over Old Ones?

Customers eager to switch to the new, faster satellite broadband service report they are encountering roadblocks from ViaSat and their large independent dealer network responsible for sales and service of the satellite reception equipment.  An often-heard accusation is that current customers are taking a back seat to new customers already invited to sign up.

That is a charge ViaSat, through its support forum, has strongly denied.

“We’re not giving preferential treatment to new vs. existing customers,” says WildBlue Forum Administrator Steve. “The dates we’ve quoted to existing customers who call in are approximately April/May, but yes, it could be sooner. It all depends on the number and availability of certified installer technicians in a given area. If someone absolutely wanted it now, we’ll try our best to accommodate that along with the big flood of new orders we’re receiving.”

Steve explains the delays to upgrade existing customers are occurring because new customer installations are currently “through the roof.”

An independent dealer offers new customers a better deal.

But Stop the Cap! has also learned from an independent WildBlue dealer that ViaSat is offering a bonus for dealers who sign new customers, an incentive not paid to upgrade existing ones.  Some new customer promotions also offer free installation and deep discounts until the end of 2012 for 15GB ($49.99) and 25GB ($79.99) service on the new ViaSat 1.  Existing customers do not get the discount pricing and have to pay a $150 installation fee for new equipment required for the new satellite.  Customers within a 2-year initial contract term pay even more: $250.

Customers Revolt

The government-sponsored Broadband Initiative program required WildBlue to provide a more generous usage allowance in return for broadband stimulus money.

Customers learning about the new pricing are unhappy.

Bill Cameron feels let down as a loyal customer by ViaSat’s pricing:

This new Excede 12 plan is an absolute joke. 12Mbps is awesome but the top plan limits you to a up/down total of 25GB and its $129.99 +$9.99 lease fee. So what good is 12Mbps if you really cant use it? Forget Netflix, Hulu or any Video on Demand. I have DirecTV and was hoping to be able to do some streaming but there is no way. If I want to stay at the same $80/mo price point I will loose 7GB of monthly cap since the mid tier plan is 15GB combined up and down. I don’t know what WildBlue is thinking here. Come on, $140/mo in the middle of a recession? Plus there is a $149 setup fee and even customers who have been with them for 7 years, like me, has to pay it. My loyalty is not rewarded one bit. A brand new customer pays the same amount.

A Broadband Reports reader sums up his views about WildBlue’s broken promises:

[…] We have been living with low caps on Wildblue for years, then for several years they -promise- an upgrade that will change everything. Then they up the speed to something most people don’t need, and REDUCE the amount of data available by a LARGE amount, increasing the price as well significantly. It was not what we were lead to believe. This was supposed to be an upgrade, but the speed is useless without quantity, that point has been made over and over.

And it doesn’t take someone sitting all day to go over the caps. It can take a little over an hour every day for one person to go over on the current 512Kbps plan, imagine with more speed how easy the person can go over with about 23% less data available.

Bottom line, it was not an upgrade, period, for many of us. Every neighbor I know is thinking the same thing, some currently drive 30 miles one way to get to a free hotspot to have enough bandwidth for online classes. The offered new plans are not enough for what they do either. Is anyone that understands the limits of satellite asking for anything unreasonable, NO. We were expecting an increase of some sort, any kind, not further insane restrictions after years of being restricted. A downgrade and overcharging is not an upgrade no matter how they try to spin it to us. If so few use what’s available as they say anyway, what would have been the harm of doubling the current caps. PERFECTLY REASONABLE EXPECTATIONS.

Kevin Hanssen wishes he had better options:

At this point, just about anything would be better than WildBlue.  Since AT&T shows no interest in bringing me DSL service, it’s probably going to be wireless broadband or nothing.  We have spotty cell coverage in this part of Wisconsin, but should a provider do something about that, we would still be facing tiny usage allowances in the 2-10GB range.

This is why universal service policies should extend to broadband service, to make certain rural America has reasonable access at reasonable prices.

There is nothing reasonable about satellite or wireless Internet at these speeds, allowances, and prices.  WildBlue wants new customers at all costs, even if they walk over their loyal customers to sign them up. But why shouldn’t they? Their only effective competition is Hughes, and they are actually worse!

Former Comcast customers throughout southern Illinois and north/central Indiana are saying goodbye to Comcast’s 250GB monthly usage cap now that a new service provider has arrived.  NewWave Communications acquired Comcast properties in the lesser-populated parts of the two states and is upgrading service to areas Comcast ignored for years.

For customers in Olney, DuQuoin, Pickneyville, Mt. Carmel and Benton, Ill., cable system upgrades will soon allow NewWave to provide cap-free 50/5Mbps speeds to homes and businesses.  The upgrades are long overdue.  NewWave often copes with customer criticism regarding the deteriorating cable systems it inherited from other providers.  Customers have previously accused the company of overselling their broadband service and for service outages.  Upgrades generally quiet the complaints.

NewWave Communications, headquartered in Sikeston, Mo. serves over 80,000 customers in the midwest and southeast United States, specializing in smaller communities larger providers typically ignore.  Comcast has spent most of its money and attention in larger cities in Indiana and northern Illinois, and although the company sometimes provide a range of services in more rural communities, upgrades typically came much later.

NewWave’s plan for success involves bringing advanced services to its mid-sized city service areas with the hope it will attract more service bundling and a bigger revenue stream.  NewWave will offer triple play packages of phone, cable, and broadband service and is introducing digital video recorders to a larger share of its customers.

The company has shown no signs of fearing the word “unlimited,” touting it in their literature for phone and broadband service.