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Consumer Victory Achieved in North Carolina: S1004 Gutted In State Senate

Jay Ovittore July 8, 2009 Community Networks, Public Policy & Gov't Comments Off on Consumer Victory Achieved in North Carolina: S1004 Gutted In State Senate

I got word on the heels of tomorrow’s Public Utilities Committee meeting that S1004 has been gutted and changed in the Senate!  So again we can scream Victory!

The low-down on what exactly happened goes something like this:

The North Carolina Senate has a very odd procedural rule that allows it to gut a bill and replace it with a completely different bill.  They can do this as long as the bill number and title remain the same.  In S1004’s case they kept the name and title and are changing the text of the bill to allow Progress Energy to change some of its coal fired plants to natural gas.

Be aware that HB1252 is still the bill we have been fighting and I am tracking it continuously.  We are half way there on defeating big cable’s sleeper hold on competition.  As long as we all keep the fight up, we won’t be saying goodnight to Irene any time soon!

Scam: NC Democrat Throws Consumers Under the Bus, Broadband Map Crayoning, & $350 Million Taxpayer Dollars Flushed

Is this worth $350 million of your taxpayer dollars?

Is this worth $350 million of your taxpayer dollars?

North Carolina residents should be outraged at Rep. Bill Faison, the Democratic chairman of the state House Select Committee on High-Speed Internet Access in Rural Areas.  He’s set to do for North Carolina broadband what Hurricane Katrina did for urban renewal in New Orleans.  Faison, along with some other cronies, are examples of what is wrong with broadband stimulus planning when certain elected officials open their doors on big special interests, and slam them on the fingers of actual consumers.

Eight years ago, the North Carolina legislature commissioned the state to produce accurate, detailed broadband maps, depicting who has access to what broadband services, if any, across the Tar Heel State. e-NC, an organization of excellence recognized worldwide, set about not only doing broadband mapping, but also advocating for consumer and business interests across the state by pushing for higher quality and faster service.  e-NC’s mapping standard has been recognized by the European Commission, Microsoft, and IBM for its detailed, accurate depictions of broadband service.

e-NC has had its work cut out for it.  AT&T and other North Carolina telecom providers have stonewalled the group since day one, refusing to disclose “private company information.”  Where e-NC could obtain agreements, they came with ludicrous non-disclosure agreements that were the equivalent of ‘here is the information you requested, but you cannot use it in your maps.’

That’s where Faison comes in.  He sends out an invitation to the media to announce North Carolina finally has a broadband map available, and then proceeds to slam e-NC because it produced maps that, at one point, he compared with “swiss cheese.”  Faison is fully aware that e-NC had been complaining about provider stonewalling, and he did nothing to stop it.  But then he did something even worse: he praised the very providers who did the stonewalling and are now in charge of producing the “detailed maps” that the providers want the legislature to see.

Faison said, “In the face of legislation recommended by the Committee which would have required the providers to disclose precise information to the Legislature for our staff to generate a detailed map of availability, the providers have come together and collectively decided to provide the information through Connected Nation, to not only provide the “street address” map but also to make the map both accessible and interactive through the internet. Special recognition should be given to AT&T, Embarq, Sprint, Time Warner Cable, The Cable Association, the Telephone Co-op association, and Alltel for their work on this matter.”

Shameful.

Of course, Faison’s anti-consumer efforts on behalf of his good friends in the telecommunications industry are no secret to our North Carolina readers.  Faison was one of the proponents of the anti-consumer nightmare legislation S1004, which was hand-crafted by big cable and telephone companies to stop municipal broadband projects across the state.  Faison is a menace for consumer interests in North Carolina.

Faison doesn’t care, of course.  He has his eyes on some of that $7.4 billion in broadband stimulus money he hopes to grab for the state AT&T, Embarq, Sprint, Time Warner Cable, and any other provider that will try and use their own maps to “qualify” for the tax dollars you and I are going to hand over for broadband development.

Faison said: “North Carolina will be one of only six states with a detailed “street address” interactive map of broadband availability. It positions us advantageously to obtain a portion of $7.4 billion in Stimulus money available for broadband deployment. A map, such as ours, is now a precondition for obtaining this portion of the Stimulus money. The collaborative work of the Committee and the providers has now postured North Carolina in the most favorable of positions to not only obtain this portion of the Stimulus money, but also to advance broadband deployment for our people.”

In other words, by replacing reality with the telecom industry’s own version of reality, they hope to sneak through applications that look good on paper, whether or not they accurately depict the real “on the ground” state of broadband in North Carolina.  If I were a grant application reviewer with this kind of “detailed” conflict-of-interest map work, I’d disqualify the entire state from getting one penny.

As the excellent investigative piece by Art Brodsky points out over on Public Knowledge (thanks Stop the Cap! reader Michael for showing the way):

AT&T stiffs the state, and then makes up its own map, which state legislators accept. There is no transparency, no verification, no nothing. (But it is interactive.) The only way in which this can not be a total conflict of interest is to recall the (perhaps) apocryphal story of the Maryland state legislator who also owned a liquor store. He introduced a bill to help liquor stores and was asked if this bill was a conflict of interest. “How does this conflict with my interests,” he was said to have replied. Exactly.

Meanwhile, the oh-so-aptly named (well-)Connected Nation, packed to the rafters with big cable and telephone company lobbyists, is busily doing its part to flush $350,000,000 of taxpayer funding down the drain with its own “broadband maps” which resemble the crayoning work your 1st grade son brought home from school.

Connected Nation, a creature of AT&T, spent $7 million dollars of your taxpayer money to commission Connect Ohio, an affiliate, to map broadband availability in that state.  The result was a map you could have drawn yourself during a TV show commercial break.  I think I’ll use Light Pink myself.

Connect Ohio's "Broadband Map" for Summit County, Ohio

Connect Ohio's "Broadband Map" for Summit County, Ohio

No, the blue speckles are not from blueberry pie stains.  Those are bodies of water.  What exactly does Connect Ohio’s map say?  Not a whole lot.  Basically, it claims the areas in beautiful pink are locations where broadband service is supposed to be available.  The whitish areas are outta luck.

Seven million well spent dollars there!

Meanwhile, here is a map from Strategic Networks Group, a company that was never eligible for federal mapping grant money:

Map from Strategic Networks Group, that didn't cost taxpayers a cent

Map from Strategic Networks Group, that didn't cost taxpayers a cent

Which map would you prefer to rely on?  The $7 million dollar boondoggle from Connect Ohio or the zero taxpayer dollar map from Strategic?

Why didn’t Strategic get the contract?  Because Sen. Dick Durbin, D-Illinois custom wrote language into the Broadband Data Improvement Act, that specifically defined who received the award money.  Basically, it came down to only those well-connected politically with state governments (Connected Nation) getting the lion’s share.  No merit-based mappers need apply.

Strategic’s maps were apparently too good. Take a look at this exceptionally detailed map they produced for just western Akron, Ohio (and notice this is page four of a series of detailed maps):

Unlike Connected Nation's maps, you WILL have to click to enlarge!

Unlike Connected Nation's maps, you WILL have to click to enlarge!

Stop the Cap! stands with Art Brodsky and Public Knowledge regarding this travesty:

The government notice setting out the terms for the mapping grants was sadly deficient. Even if one grants that Connected Nation was wired in under the terms of a misguided bill, the agency notice of funds availability had no conflict-of-interest safeguards. There are no requirements for transparency or for verification of information. There are no standard data sets to make sure all the maps measure the same things. Instead, there are what appear to be protections for “confidential” information that could render the process useless.

Perhaps some of these deficiencies can be cured at the program moves forward. Perhaps not. In either case, these cautionary tales are getting a bit tiresome. Jury-rigged RFPs, no-bid contracts, hot-wired legislatures and state agencies are no way to run a program as important as broadband.

The stimulus broadband mapping program is set up for massive failure unless changes are made. Congress has to allow more competition for grants. The Durbin argument that private, for-profit companies shouldn’t do public work like broadband mapping, while non-profits should, falls apart when one considers the advantages of an independent company vs. a compromised non-profit. The agencies responsible need more detailed criteria to protect the public investment. Consistency, transparency, public verification and less protection of information are needed. Maybe then can an #epic fail can be avoided.

Let’s Play Follow the Money – Part 3

Jay Ovittore June 22, 2009 Community Networks, Public Policy & Gov't 1 Comment

welcomencIn the last two installments I covered the North Carolina legislators that had a hand in HB1252/S1004, legislation that would have severely curtailed municipal broadband projects in this state, and how they were involved in bringing the bills to the floor. I am now going to focus on some powerful, long term state senators, who have a very influential vote on the Senate floor.

R.C. Soles (D-Brunswick, Pender & Columbus Counties) has served for 17 terms. Soles, as he is not a co-sponsor or sponsor, does carry great influence in the Senate and can gather votes. Soles took a lot of money from the cable/telecom industry in 2008, $7500 in total. From Embarq he took $2000, Time Warner $1000, AT&T PAC $4000, and from the Sprint/Nextel PAC he took $500.

Senator Tom Apodaca (R-Buncombe, Henderson and Polk Counties) is a four term senator who also took a bundle of money from the cable/telecom industry in 2008. In total he received $12500 in contributions. Embarq gave $3000, Time Warner $2500, AT&T PAC $4000, Sprint/Nextel PAC $1000, and AT&T Mobility Employees PAC $2000. There was also a suspicious contribution from one “Jasie Barringer.Barringer is listed as a housewife and self employed, but in reality she is more likely the chairman of RH Barringer Beverage Distributors (Anheuser-Busch), which is well known to me as it’s here in Greensboro. They also appear to have used a business address for the contribution, which is illegal in North Carolina. I will be filing a complaint with the State Board of Elections.

Senator Dan Clodfelter (D-Mecklenburg County/City of Charlotte), is the six term senator who sits with with Sen. Hoyle of the Revenue Laws Joint Sub-Committee, where they are trying to direct HB1252/S1004. Clodfelter also took a lot of money from the cable/telecom industry, $10250 in total. Embarq contributed $1500, Time Warner $2250, AT&T $2000, NC Cable PAC $2500, Sprint/Nextel PAC $500, NC Association of Broadcasters $500 and NC Broadcast PAC gave $1000.

There are a few other influential legislators in the House and Senate, but they are a little harder to track because of their positions of power. Speaker of the House, Rep. Joe Hackney and President Pro Tempore of the Senate Marc Basnight hold a considerable amount of power and influence, and receive a lot of money from everyone. This makes it a little harder to track. Basnight received $18500 in contributions from the cable/telecom industry and Speaker Hackney received $21000 in contributions.  While this is a lot of industry money, it’s not out of proportion from what they receive from every industry PAC that contributes to their campaign coffers.

If you have not read the first two installments here at Stop the Cap!, they can be found here and here. I will follow up when the first quarter reports become available for 2009.

It’s important to note that in all three articles, acceptance of political contributions in no way implies criminal activity.  It does imply that money from big donors can create a climate of influence with legislators.  This is the culture of politics, whether it is in North Carolina, Washington, or your local city council. Until we can remove the influence of industry PAC money on elected officials, the lobbies for these industries can continue to have the upper hand on the common citizen and what is good for us, unless we stand up and make our voices heard.

The information gleaned from here in North Carolina underlines this point, and I encourage you to review campaign finance reports to investigate why an elected official would be so insistent on standing against consumer and constituent interests.  Not every legislator that accepts contributions automatically means they will not stand with their constituents.  Many will.  But for those who do not, this can help explain why.  Should you require assistance locating, searching, or investigating the tricks of the campaign finance trade, feel free to contact me.

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