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Kansas’ Senate Commerce Committee Members Well-Compensated by Big Telecom

Phillip Dampier January 30, 2014 AT&T, CenturyLink, Comcast/Xfinity, Community Networks, Competition, Consumer News, Cox, Editorial & Site News, Public Policy & Gov't, Rural Broadband, Verizon Comments Off on Kansas’ Senate Commerce Committee Members Well-Compensated by Big Telecom

lobbyist-cashThe Kansas State Legislature website makes it very difficult to find exactly who wrote and introduced Senate Bill 304, the laughingly titled, “Municipal Communication’s Network and Private Telecommunications Investment Safeguards Act.

In fact, the bill should be titled, “The Big Telecom Duopoly Protection Act,” because it makes it almost impossible for any publicly owned network to get off the ground and compete in the state of Kansas, even in places where the nearest cable or DSL connection is dozens of miles away.

Instead of naming names, the legislature’s website prefers to show the bill introduced by the Committee on Commerce, sponsored by the Committee on Commerce, and referred to the Committee on Commerce for further consideration. Since they apparently wrote and co-sponsored the bill, we don’t expect it will take them too long to rubber stamp their approval.

The Republican-dominated members of the committee are already well-acquainted with the state’s largest cable and phone companies, as their campaign donations from 2012 illustrate:

  • Sen. Julia Lynn (R), Chairperson: AT&T ($1,750), Comcast ($1,500), CenturyLink ($1,000);
  • Sen. Susan Wagle (R), Vice-Chair: Cox Communications ($1,750), AT&T ($1,500), Kansas Cable Telecommunication Association ($1,250), Comcast ($1,000), CenturyLink ($1,000);
  • Sen. Tom Holland (D), Ranking Member: AT&T ($1,000);
  • Sen. Pat Apple (R): AT&T ($1,000), Comcast ($1,000), Kansas Cable Telecommunication Association ($250), Time Warner Cable ($250), Verizon ($250), CenturyLink ($250);
  • Sen. Jim Denning (R): CenturyLink ($250);
  • Sen. Oletha Faust-Goudeau (D): AT&T ($1,000), Cox Communications ($1000), Kansas Cable Telecommunication Association ($250);
  • Sen. Jeff Longbine (R): AT&T ($2,000), CenturyLink ($1,750), Cox Communications ($500);
  • Sen. Jeff Melcher (R): CenturyLink ($1,000);
  • Sen. Robert Olson (R): AT&T ($1,750), Comcast ($1,500), CenturyLink ($1,250), Cox Communications ($750);
  • Sen. Mary Pilcher-Cook (R): Comcast ($1,000).

Data: Project Vote Smart, 1/30/2014

AT&T, Verizon Wireless Resist “Kill Switch” for Stolen, Lost Smartphones

Klobuchar

Klobuchar

After months of fruitless discussions with cell phone carriers, the U.S. Senate is moving closer towards legislation that would stop phone companies from blocking “kill switch” technology that could disable lost or stolen phones, discouraging would-be thieves.

Sen. Amy Klobuchar (D-Minn.) sent letters this week to Verizon Wireless, AT&T, Sprint and T-Mobile asking the carriers to do more to protect customers from phone theft.

Klobuchar is concerned wireless companies may be blocking cell phone manufacturers from enabling anti-theft technology customers could activate to disable missing phones and prevent unauthorized access or reactivation without the customer’s consent.

“Mobile devices aren’t just telephones anymore – increasingly people’s livelihoods depend on them,” Klobuchar said. “That’s why we need to do more to crack down on criminals who are stealing and reselling these devices, costing consumers billions every year. The wireless industry needs to step up to the plate and address these thefts, and make sure consumers have the most advanced security technology at their fingertips.”

The technology is already widely available internationally and has dramatically reduced smartphone theft by eliminating most of the resale value of the expensive devices, which are rendered useless once the phone is disabled.

Apple has contractual control over its products unlike most cell phone manufacturers.

Apple has contractual control over its products unlike most cell phone manufacturers.

But American carriers have so far refused permission to allow manufacturers like Samsung to introduce the feature in North America. Apple has successfully introduced a “kill switch” on many of its latest devices thanks to favorable contractual language that limits outside interference with the software Apple develops for its wireless devices. Other manufacturers are generally required to bow to carrier demands.

“I think that this is motivated by profit,” San Francisco district attorney George Gascon told CNN. Gascon reported he had seen e-mails from carriers that rebuffed Samsung’s efforts to introduce the technology in the American market.

Companies like AT&T claim that a “kill switch” feature could be exploited by hackers and make restoring service extremely difficult. But manufacturers and proponents of kill switch technology dismiss that argument, claiming the process is easily reversible once a customer enters a correct name and password. Critics believe carriers are motivated by the potential loss of millions from the sale of insurance plans, replacement phones, and the increased revenue earned from the reactivation of stolen phones.

With more than 1.6 million smartphones stolen or lost annually, carriers sell more than $800 million of replacement phones worth at least $500 each. Wireless phone companies also profit selling insurance plans priced at $7 or more monthly that offer free or discounted, typically refurbished cell phone replacements. Most customers never use the insurance plans, earning providers an extra $84 a year in revenue per customer.

Without kill switch technology and other theft prevention measures, the incentive to steal valuable smartphones continues to increase. As the price of sophisticated smartphones continues to increase, they are a prime target in street crime incidents. In San Francisco, 67% of robberies are related to mobile devices, according to the police department. Ten percent of phone owners have had a phone stolen, according to a Harris poll.

For now, the industry has only agreed to develop a voluntary database of phones reported lost or stolen. But participating carriers are largely American, allowing crooks to bypass the list by exporting phones overseas where they are quickly reactivated.

Klobuchar wants carriers to go on the record about kill switch technology, and her letter requested a formal response to three questions:

  • Whether companies received offers from handset manufacturers to install “kill switch” technology;
  • Have companies introduced the technology and, if not, why not;
  • How companies will introduce such technology in the future.

[flv]http://www.phillipdampier.com/video/CNN Kill Switch Smartphones 11-20-13.flv[/flv]

CNN reports American cell phone companies aren’t interested in allowing customers to remotely disable their lost or stolen cell phones. (0:43)

History Repeats: Revisiting Dr. John Malone’s Big Cable “B-Movie” Treatment of Jefferson City, Mo.

Phillip Dampier November 14, 2013 Charter Spectrum, Competition, Consumer News, Editorial & Site News, History, Liberty/UPC, Public Policy & Gov't, Video Comments Off on History Repeats: Revisiting Dr. John Malone’s Big Cable “B-Movie” Treatment of Jefferson City, Mo.

tciAs Dr. John Malone positions his pieces on the cable industry’s chess board to win back the title of King of Big Cable, it is important to consider history.

Malone’s growing interest in a combined Charter-Time Warner Cable, under his effective control, is the first step towards re-envisioning Tele-Communications, Inc. (TCI) — America’s largest cable operator in the 1980s and early 1990s. Although most of the original TCI Cable systems are now owned by Comcast, Malone’s notorious way of doing business may soon affect millions of Charter and Time Warner Cable subscribers in the not-too-distant future.

[flv]http://www.phillipdampier.com/video/Senate Hearings Alan Garner Jeff City MO 3-90.flv[/flv]

How bad was life with TCI as your local cable company? Listen to Alan Garner, then-City Attorney for Jefferson City, Mo., who testified before Congress in March, 1990 about the uniquely abusive, allegedly criminal behavior of out of control TCI executives. (5:04)

[flv]http://www.phillipdampier.com/video/Senate Hearings Danforth Alan Garner Jeff City MO 3-90.flv[/flv]

Sen. Daniel Inouye (D-Hawaii) was so stunned by the events in Jefferson City, he first asked if TCI’s threats were documented and on learning they were the basis of $35 million in court-ordered damages, the chairman of the Senate Commerce Committee remarked, “you got thugs around there.” Under detailed questioning by Sen. John Danforth (R-Mo.) Garner talks about the “B-Movie” threats from TCI executives who warned city officials “we know where you live,” constant rate hikes, take-what-we-give-you service, and the fact TCI was willing to rip down cable lines and leave the city without cable service if they were denied a franchise renewal. (14:12)

[flv]http://www.phillipdampier.com/video/Senate Hearings Burns Alan Garner Jeff City MO 3-90.flv[/flv]

A befuddled Sen. Conrad Burns (R-Mont.) asked Garner why the city would still want to stay involved in the cable franchise process after the city’s horror story. Garner explained cable operators use public property to wire service to customers. Without local oversight, Garner believed TCI would still be scattering cable lines across neighbors’ backyards, across sidewalks, and draped over fences. TCI had a unique way of managing local service complaints, according to Garner. It threw service orders into a random cardboard box and let cable repair crews fish them out one by one. The ones furthest back in the box were the oldest, and the least likely to ever be chosen. TCI only listened to city officials when they had some oversight and enforcement powers. (3:13)

Time Warner Cable Lobbyist Drags Cable Company Into Obamacare Controversy

Phillip Dampier October 9, 2013 Public Policy & Gov't Comments Off on Time Warner Cable Lobbyist Drags Cable Company Into Obamacare Controversy
Waxman

Waxman

An e-mail message from a lobbyist employed by Time Warner Cable has dragged the cable company into the middle of the partisan dispute over the merits of the Patient Protection and Affordable Care Act, better known as “Obamacare.”

Rep. Henry Waxman (D-Calif.), the ranking member of the House Energy and Commerce Committee obtained a copy of an e-mail message sent by the cable lobbyist to House and Senate Republicans:

“Next time you think about helping the broadcasters – particularly the networks – read this. . . .”

The e-mail contained a link to an article in the conservative Weekly Standard titled, “NBC Launches Week of Programming to ‘Help’ Obamacare Succeed.”

The incident did not amuse Waxman, who promptly fired a letter off to Time Warner Cable CEO Glenn Britt:

Mr. Glenn A. Britt
Chairman and Chief Executive Officer
Time Warner Cable
60 Columbus Circle
New York, NY 10023

Dear Mr. Britt:

I recently obtained an email that one of Time Warner Cable’s lobbyists sent to Republican staff in the House and Senate.  The email says, “next time you think about helping the broadcasters – particularly the networks – read this. . . .”  Immediately below his message, your lobbyist pasted a link to an article in The Weekly Standard titled “NBC Launches Week of Programming to ‘Help’ Obamacare Succeed.”   I have attached a copy of the email.

Could you please explain why this email was sent and what purpose it serves?

A broadcaster has a public service obligation and should be informing viewers about the new options for health coverage under the Affordable Care Act.

On the other hand, a cable company should not be pandering to the worst instincts of the reckless Republican extremists that seem to be running the House of Representatives.

Sincerely,

Henry A. Waxman
Ranking Member

Common Cause-NY Wants Anti-Corruption Commission to Review Big Telecom’s Political Contributions

Phillip Dampier September 23, 2013 AT&T, Cablevision (see Altice USA), Comcast/Xfinity, Consumer News, Public Policy & Gov't, Verizon Comments Off on Common Cause-NY Wants Anti-Corruption Commission to Review Big Telecom’s Political Contributions

donor contributionsSince 2005, five cable and telephone companies and their respective lobbying trade associations have donated nearly $12 million to New York politicians, making Big Telecom companies among the biggest political donors in the state. Now a government reform group wants an investigation by the state’s anti-corruption commission.

By exploiting giant loopholes in New York’s campaign finance laws, telecom companies that used to live with annual campaign finance limits of $5,000 are now donating millions to powerful political leaders in Albany – the majority conferences in the legislature, the state party committees, and the governor. Some are using secretive “housekeeping” accounts controlled by political parties. Others hide behind shadowy contributions from “limited liability corporations” (LLCs) established by some of the state’s biggest cable and phone companies and treated under current law as living, breathing people.

“Big Telecom exemplifies the pay-to-play culture which has come to define Albany, giving generously to the leadership in exchange for veto power over bills which favor the public interest,” said Common Cause-New York executive director Susan Lerner.

The Optimum donor to state "housekeeping" accounts among telecom providers is Cablevision.

The Optimum donor to state “housekeeping” accounts among telecom providers is Cablevision.

No telecom company donates more in New York than Cablevision, which has given more than $5.3 million in contributions to state politicians since 2005 as it fights its way through union problems, fierce competition from Verizon, and complaints from subscribers about rising cable prices and questionable service. The cable company doesn’t just donate in name-only. Common Cause-NY discovered Cablevision using eight different LLCs to evade contribution limits, handing over $1.5 million to candidates and committees. Gov. Andrew Cuomo received $130,000 from four different Cablevision-controlled LLCs between July and October 2010. On April 29 of this year, former Nassau County executive Tom Suozzi’s campaign received $190,000 from three Cablevision-controlled LLCs on that single day.

Verizon (82%) and Time Warner Cable (70%) prefer to quietly give the largest percentage of their political donations to the parties’ secretive, soft money “housekeeping” accounts. The Republican and Democratic recipients are not using the money to buy Endust, mops or spare light bulbs, although the average voter might assume as much.

Corporations with an agenda just love New York’s hush-hush “housekeeping” accounts because they come without dollar limits or complete disclosure about how the money was ultimately spent.

The State Board of Elections says “housekeeping” money is supposed to go toward maintaining a party’s headquarters and staff or “ordinary activities that are not for the express purpose of promoting the candidacy of specific candidates.” Unfortunately, nobody bothered to require detailed accounting, allowing funds to disappear down a political rabbit hole, to be distributed at each party’s discretion.

Comcast (59%) and AT&T (53%) are considerably smaller players, in part because neither company serves many wired cable/broadband customers in New York.

Verizon’s corporate PAC also likes to raise relatively large numbers of small contributions given in the name of company executives or employees, not necessarily mentioning the company itself. Campaign finance disclosures may list only the individuals’ contribution(s), not the company that signed their paycheck.

loophole

contribution by typeWhere does all the money go?

Common Cause-NY says most of the money is channeled to the most influential politicians in the state, with minority parties and unelected candidates typically getting much less.

To gain influence on the state level, Big Telecom companies contribute to the governor, attorney general, and the majority parties controlling the state Assembly and Senate, with Republicans getting the lion’s share (over $3.5 million) in the Senate and Democrats (over $1.6 million) in the Assembly.

For local issues of interest to the state’s local cable and phone companies, contributions are funneled to influential county-level political machines, perhaps helpful in making life difficult for a competing Wi-Fi project, a municipal fiber network, or helping to cut red tape to place a cell tower in a controversial location.

The top six recipients of Big Telecom’s political cash in the legislature:

  • Key Party Leaders: Dean Skelos ($117,700), Tom Libous ($57,150), Jeff Klein ($49,450), and Sheldon Silver ($32,749.61)
  • Current and former Chairs of the Senate Energy and Telecom Committee: George Maziarz ($79,718.02) and Kevin Parker ($34,444.00).

Common Cause-NY notes the corporations involved don’t give money without expecting something in return. After generous contribution checks were deposited, a number of telecom consumer protection bills mysteriously died in committee or never made it to the floor. The same fate did not meet bills offering special tax breaks for cable and Internet Service Providers that have cost New York taxpayers nearly $500 million and counting.

“Multi-million dollar campaign contributions clearly help Big Telecom maintain the status quo of corporate control, high prices, and lax regulation,” Common Cause-NY concludes.

where is the money going

top ten recipients

The legislature is rife with examples of bills that would have likely passed with popular support but suddenly or “mysteriously” didn’t:

  • common cause nyA 7635-A / S5630-A: Establishes a moratorium on telephone corporations on the replacement of landline telephone service with a wireless system.
    • The “VoiceLink” moratorium bill, passed the Assembly, had broad bi-partisan support in the Senate but never came to a vote.
  • S542: Relates to enacting the “Save New York Call Center Jobs Act of 2013,” which requires prior notice of relocation of call center jobs from New York to a foreign country; directs the Commissioner of Labor to maintain a list of employers who move call center jobs; prohibits loans or grants.
    • The “Call Center Jobs Act” would take away tax breaks and state grants if companies move a call center to another country. The bill passed the Assembly in 2012 (A9809) and had bipartisan support in Senate but was blocked. The 2013 bill died in Senate committee.
  • fair electionsA6003/S5577 — Directs the Department of Public Service to study and report on the current status of cable television systems providing services over fiber optic cables.
    • Bipartisan support in Assembly for further oversight of broadband but gets little support in Senate, the same bill was also blocked in 2012.
  • A5234/S1075 — Enacts the “Roadway Excavation Quality Assurance Act” demanding utility companies or their contractors shall use competent workers and shall pay the prevailing wage on projects where a permit to use or open a street is required to be issued.
    • Bipartisan support in the Senate and Assembly but no passage in either 2012 and 2013.
  • A6239/S4550 — Creates the State Office of the Utility Consumer Advocate to represent interests of residential utility customers.
    • Bipartisan support in Assembly, dies in Senate.
  • A6757/S4449 — Requires providers of electric, gas, steam, telephone and cable television services to issue standardized bills to residential customers; provides the standards for such bills shall be established by the Public Service Commission.
    • Bipartisan support, passes Assembly, dies in Senate.

“Here’s the evidence that giant telecom companies are taking advantage of huge loopholes and lax regulations so they can increase profits, often at the expense of everyday New Yorkers,” said Karen Scharff, executive director of Citizen Action of New York on behalf of the Fair Elections for New York campaign. “It’s time for our leaders in Albany to acknowledge the ever-growing wealth of evidence that we need to fix our broken campaign finance system and pass a comprehensive Fair Elections system centered around publicly financed elections.”

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