Frontier’s headquarters in Rochester, N.Y.

Tens of thousands of Frontier Communications customers have dealt with the loss of their broadband and phone service in five states because of cable damage, copper theft, and overselling broadband service with insufficient capacity.

Upstate New York

Officials in Oswego County report Frontier phone and broadband service was disrupted Monday for customers in several central New York communities. At least 3,400 customers were unable to dial outside of their home exchanges in Fairhaven, Hannibal, Cato and Lysander. Frontier said a cable owned and maintained by Verizon was responsible, and they were unaware when Verizon would complete repairs.

Tennessee and Illinois

Frontier Communications acknowledged a “major outage” was affecting customers in both Tennessee and Illinois today. As of late this afternoon, Frontier said it was still attempting to restore service to both states’ customers.

Washington

Frontier Communications has reported copper lines stolen in Snohomish, Skykomish and Granite Falls, causing temporary outages for thousands of customers throughout north King and Snohomish counties. It’s the tenth copper wire theft affecting Frontier so far this year.

West Virginia

Ongoing problems in the Panhandle region of West Virginia have left Frontier broadband customers without service, sometimes for days. Customers have been told copper thefts were responsible for outages in mid-July, but some Frontier technicians have also told customers that slow speeds that persist month after month are a result of too many customers trying to use Frontier broadband at the same time. Other customers in the Shepherdstown area report persistent, ongoing problems with broadband outages as well.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/KCPQ Seattle Frontier Copper Theft 7-25-13.flv[/flv]

KCPQ in Seattle reports Frontier has been a repeated victim of copper thefts in Washington state. At least 10 instances of copper theft have left thousands of customers without service until the company can string new cable.  (3 minutes)

Just as in the United States, the promises made by satellite broadband providers are turning out to be too good to be true.

In Great Britain, commercial broadband providers have argued satellite Internet access is a better solution for rural residents because wiring out-of-the-way places is “too uneconomical.”

Despite promises of 20Mbps service from satellite operators, customers report actual speeds are well below 1Mbps at the times they actually want to use the Internet. Unlimited access is also increasingly a thing of the past, replaced with usage caps of 50-60GB, with unlimited usage from 11pm-7am.

Providers deny any serious problems, pointing to speed test tools developed and released by the ISPs showing speeds are theoretically great. But browsing the public Internet suggests otherwise.

Avonline customers have a very active ongoing discussion complaining that £65 satellite broadband should work better:

For past three weeks, the service takes a dive in the evening, I thought this started about 7pm but having tried it earlier, it’s more like 5pm and today about 4pm. Speed tests provided by Avonline suggest I am getting 20/5Mbps but all other tests suggest between 1 and 2Mbps download and ?? upload. Often their own speed test stalls on the upload altogether or eventually returns a result of 0.1Mbps or similar.

As a family, we come home from work and school and want to watch things online at a time to suit us as terrestrial TV is a bit dire. The service is unavailable at this key time and remains down until 1 or 2 am.

Unlimited customers paying £75 per month have been told they are “abusing” the service and that it has effectively run out of capacity and is oversold.

“Unfortunately we cannot do much about the bandwidth on the shared network during peak hours,” came one response from Tooway, another satellite ISP that recently disclosed it will only sell unlimited service to 20,000 customers and wants assurances customers are using their accounts for private, family, and personal use only before the overnight usage caps come off.

*-Only applies at 3am.

But even then, some customers say pervasive speed throttling accomplishes the same thing as a strict cap – it keeps customers away from the service. One Tooway customer shares his dissatisfaction:

The Fair Use policy posted by ToowayUK has only just been introduced. Prior to this there was just boilerplate language that boiled down to “we can do anything at any time” (not that different from the FUP language of any other ISP).

Of course what is really a joke here is that the “unlimited” service actually has a 60GB cap – the traffic management policy works just the same way if we go beyond 60GB as when a capped customer goes beyond their cap.

ThinkBroadband notes satellite ISPs may also have insufficient capacity back on earth, but later reports show satellite bandwidth capacity is also a growing issue:

The KA satellites carry many transponders, but these are usually spread out to cover the whole of Europe meaning that for any particular satellite there may only be 3 or 4 transponder beams for the whole UK, and as a transponder has a throughput limit of 475Mbps this could prove a bottleneck. Oddly the fact that the speed probe tests gave good results, suggests the issue may not be satellite capacity but rather the purchased amount of capacity from the ground station to the Internet at large.

Comcast has been a part of life in Muskegon, Mich. for decades, thanks in part to an unusually long 25-year franchise agreement signed when President Reagan was serving his last year in office. In 1988, the Berlin Wall was still in place, Mikhail Gorbachev formally implemented glasnost and perestroika, Snapple appeared on store shelves nationwide, and compact discs finally outsold vinyl records for the first time.

All good things must come to an end and Comcast’s contract to serve will finally expire Aug. 2. City officials want residents to understand that after two plus decades, it is appropriate to take some time to consider all the options. But a 2007 law has cut that time of reflection down to a month, and removed most of the powers Michigan communities used to have to select the best cable operator for their community. It’s a fact of life Comcast is well aware of, and it underlined that point by tossing a carelessly written, pro forma/fait accompli franchise renewal proposal into the mail that left Muskegon’s civic leaders cold. But if they fail to act fast, Comcast will win automatic approval of whatever it proposes to offer the 38,000 residents of the western Michigan city for years to come.

Statewide Video Franchising in Michigan

In December 2006, primarily at the behest of AT&T, the Michigan legislature passed a new statute that would create a uniform, statewide video franchise agreement template that providers could use to apply for or renew their franchises to operate. In theory, establishing a uniform, simplified franchise application would lead AT&T to quickly wire Michigan with U-verse, its competing cable/broadband/phone service, and bring dramatically lower prices for cable service and fewer complaints because of greater competition.

The Uniform Video Services Local Franchise Act was remarkably similar to those passed in more than a dozen other states — no mistake considering it was based largely on an AT&T-written draft distributed and promoted by the American Legislative Exchange Council (ALEC), an AT&T-backed third-party group that encourages state legislatures to enact corporate-ghostwritten bills into law.

Under the new law, much of the power reserved by local officials to approve cable franchises and enforce good customer service was stripped away and handed to the state’s Public Service Commission. The deregulation measure tipped the balance of power in providers’ favor, making it possible to do business on their terms, not those sought by community leaders. Among the law’s provisions:

1. Communities are still bound by the terms of their existing franchise agreements, but providers can break the legacy contracts for any reason, forcing a new agreement under the new statewide franchise law. If a provider wants out, they can abandon the community or transfer operations to a new provider with 15 days advance notice and no prior approval.
2. A franchise renewal proposal will be automatically approved if a city does not reject it within 30 days.
3. Communities cannot unreasonably restrict providers from access to public rights-of-way, an important consideration for AT&T’s U-verse, which requires the placement of large, sometimes noisy utility cabinets (a/k/a “lawn refrigerators”) to connect its fiber network with residential copper wiring.
4. Communities are limited to collecting up to 5% of video revenue in franchise fees and up to 2% to support Public, Educational, and Government (PEG) channels. In the past, some communities asked cable operators to wire schools, libraries, and local government offices at no cost, and several negotiated other forms of support for PEG channels, which allow local citizens to view town board meetings and create and distribute locally produced programming. Today, those agreements are only possible on a voluntary basis, without any threat if a provider refuses, they will get their franchise request rejected.
5. Providers are no longer obligated to honor agreements setting timetables to wire communities. Instead, they can handpick areas to be served, except in cases where racial or income discrimination can be proven.

Since the law was clearly designed to help new entrants like AT&T’s U-verse and Verizon FiOS, Michigan’s incumbent cable companies either demanded the same rights, remained neutral, or halfheartedly protested the proposed law suggesting it unfairly benefited new competitors. Cable companies, for example, would not benefit from laws throwing out buildout requirements because their networks are already largely complete.

But once signed into law, cable operators did begin asking cities to voluntarily adopt the new uniform statewide video franchise. Muskegon joined most other Michigan cities in declining the invitation.

AT&T did begin wiring Michigan for U-verse service, although there is no evidence it would not have done so had the Act never been signed into law. But that has not helped Muskegon, because the dominant phone company in the area is Frontier Communications. Frontier has so far shown no interest in building a competing cable TV service, so the only competition residents get are from two satellite companies.

City of Detroit v. State of Michigan and Comcast

Soon after the statewide franchise law was passed, Comcast notified the city of Detroit it could take the proposed renewal of its existing 1985 franchise agreement and go pound salt. The franchise agreement with the city expired in February 2007, just a month after the new law took effect. It was a new day, Comcast told city officials, and the company offered its own proposal for renewal — a 5% take-it-or-leave-it franchise fee and nothing else. Comcast even rejected the city’s counteroffer to include a 2% PEG fee, permitted under the new law.

Franchise negotiations went nowhere, but Comcast had nothing to fear. The city did not properly reject their franchise renewal offer so, as far as the company was concerned, it automatically won a franchise renewal.

The city sued both Comcast and the State of Michigan in the summer of 2010 alleging the statewide law violated the federal Cable Act, usurped local “home rule” authority, and that Comcast was illegally trespassing in the city without a franchise agreement. The Michigan Attorney General took Comcast’s side, defended the state law, and helped the cable company argue its case in court.

Comcast did not want the case heard and asked for its immediate dismissal, which was rejected.

In the summer of 2012, the judge split the decision between the city and Comcast. The judge found that Comcast had probably been operating illegally in Detroit since 2007 and owes the city damages. The judge also found parts of the state law troubling enough to invalidate. In particular, he emphasized cities do have a clear right to reject franchise proposals offered by cable operators and that in many cases those operators must adhere to their existing franchise agreements until they expire. Cities also have the right to protect and manage their rights-of-way, ending the perception cable and phone companies have the right to place hardware almost at-will in public areas.

Comcast wants to avoid paying Detroit damages for potentially operating illegally without a valid franchise.

The judge found nothing inherently faulty with the concept of statewide video franchising, nor did he rule that providers are required to serve everyone in a geographic area or that cities are allowed to enforce local customer service standards.

The impact of the statewide law, even after the judge’s ruling, still erodes local control. As pre-2007 franchise agreements expire, it is highly unlikely cable operators will continue to offer free service to municipal buildings, will not accept requirements to provide “universal service” or even language requiring wiring of every home that meets a “homes per mile” test. Some cable operators are even closing local customer service centers that used to be required in many franchise agreements.

Comcast did not appreciate the court ruling, sought to have it set aside, and failed. Now the Court of Appeals will likely weigh in on the case by the end of this year. Comcast is particularly concerned about the prospect of paying damages to the city of Detroit for illegally operating without a valid franchise. The judge hearing the case considered that a very real possibility and requested submissions from all parties about how much Comcast should pay the city.

Muskegon officials cited the judge’s rulings in the Detroit case in their letter rejecting Comcast’s proposed renewal agreement. The city wants to renegotiate certain terms regarding its PEG channels, still wants complimentary service to public buildings, and requests cable service be extended to the Hartshorn Marina.

Six Years Later, Cable Rates and Complaints Still Rising, the Competition is Fleeting, and Many Believe the Law Has Achieved Nothing

The Michigan Public Service Commission is tasked with reporting annually to the legislature and the public about the impact of the AT&T-sponsored law. The PSC’s broad conclusion is that the new law is working:

Increases in subscribers as well as the emergence of another video/cable provider are positive signs for the video services industry in the state of Michigan. Both franchise entities and providers have continued to report that video/cable competition is continuing to grow. Growth in competition has been observed each year since the Commission began issuing this report. In addition to the increase in competitive providers, companies continued to invest hundreds of millions of dollars into the Michigan video/cable market in 2012.

As the Act enters its seventh year of existence, signs of progress and competition continue to be evident. It appears that both franchise entities and providers perceive that providers are offering more services to customers. In addition, more areas throughout Michigan are beginning to have a choice of video/cable service providers.

But in the same report, the PSC admits the overwhelming consensus among those in individual communities is the law has made little to no difference in competition or pricing. For example, every provider has continued to raise their rates, particularly after promotional new customer packages expire. Much of the savings calculated in Michigan took introductory prices into account, such as when AT&T U-verse entered a market. After 1-2 years, those savings evaporate. AT&T has increased its pricing just as often as dominant cable providers Comcast and Charter.

The PSC touts that 15 new competitors have begun offering service in Michigan since the law was enacted. But besides AT&T’s U-verse., the majority of those new entrants are municipal telephone companies, small/family owned rural cable companies, or providers that specialize in serving only apartment complexes or condos. All but AT&T serve only tiny areas in Michigan and most have customers that number only in the hundreds to low-thousands.

Michigan’s New Competitors

• Ace Telephone Company of Michigan Inc.
• AT&T (U-verse)
• Bloomingdale Communications, Inc.
• Drenthe Telephone
• Martell Cable Service Inc.
• Mediagate Digital
• Michigan Cable Partners (MICOM Cable)
• Packerland Broadband
• Sister Lakes Cable TV
• Southwest Michigan Communications Inc.
• Spectrum Broadband
• Summit Digital
• Sunrise Communications LLC
• Vogtmann Engineering
• Waldron Communication Company

How many new Michigan customers has this competition netted since 2011? 2,116

The overwhelming majority of Michigan communities still have just one cable operator and no competitor. AT&T U-verse accounts for almost all the communities reporting a second provider.

Complaints have also been higher every year the statewide franchise law has been in effect. In 2007, there were 615 formal complaints made to the PSC. Every year thereafter, the number of complaints exceed 2007 levels, ranging from 757 in 2011 to 1,074 in 2010. Comcast is by far the worst offender — 51 percent. AT&T and Charter had a smaller percentage of complaints, 15 and 14 percent respectively. The majority of complaints among all providers deal with billing issues.

Since the new law took effect, many communities have felt so disempowered, they stopped reporting local complaints to the PSC. But among those who have, the story is the same in states without statewide franchise laws:

• System updates not completed as promised. Large numbers (of residents) have gone to satellite;
• Upgrades needed to allow for better reception and channel selection;
• There are two providers in our area, yet little increase in competition;
• Cost to extend service to reach potential customers affects competition;
• Cable provider left when switching from analog to digital, stating not enough customers to afford the changeover. Now only satellite is available;
• No broadband/high-speed Internet service in many townships;
• No phone, cable service available;
• Michigan has totally failed bringing affordable Internet service to this community, and has prevented our township government from providing the needed services.

The perceived impact of the 2007 law isn’t so great either:

• Communities lost in-kind and other services from the incumbent provider;
• Cable rates continue to increase;
• Zero value added and has eroded local control of franchising;
• Customers have a choice now, but rates are still higher;
• Providers simply poach competitor’s customers as evidenced by flat franchise revenue; as one increases the other decreases;
• This statute has proven to accomplish literally nothing for municipalities and only serves to benefit providers;
• The Act did nothing to improve service.

Comcast’s discounted Internet service for the poor forces customers to jump through hoops to get the service and considers protecting revenue from existing customers more important than expanding the service to reach those who need it most.

Those are the views of John Randall, program manager at the Roosevelt Institute/Telecommunications Equity Project.

For $9.95 a month, those that can meet some complicated eligibility requirements and prove they are not existing Comcast customers are qualified for 3Mbps broadband service with a 768kbps upload rate. It represents a $30 savings off Comcast’s regular price — a considerable amount of revenue that Comcast is effectively forfeiting for the benefit of poor families who live in Comcast’s footprint.

Except Comcast isn’t actually “out” that much at all, argues Randall.

Of the 2.6 million households eligible for Internet Essentials from Comcast, only 150,000 have taken Comcast up on their offer. That represents only 5.8 percent of those eligible. In Comcast’s hometown — Philadelphia — there are just 3,250 families hooked up, which represents only 3.3 percent of those eligible.

Randall calls the program ineffective and says the onerous requirements to qualify (and re-qualify) are such a hassle, few families bother. What is worse, those families already sacrificing something else in their lives to get broadband service for the benefit of their school-age children are punished for their noble efforts — they are completely ineligible for Internet Essentials regardless of income or need because they are existing customers. Randall argues Comcast carefully constructed the program more as a public (and government) relations exercise than a charitable endeavor. Comcast zealously protects its existing revenues from being cannibalized by customers switching to the discount plan.

Some might argue that Comcast is managing the program with costs in mind, but Randall dismisses that as nonsense.

“Within its footprint (which spans 50 million households in 39 states– 45 percent of the US population), the cost for Comcast to connect additional households is vanishingly low,” says Randall. “With no additional network build needed, Internet Essentials represents almost pure profit for Comcast.”

Randall claims Comcast’s gross profit margin on its broadband service is around 95 percent where the network has already been built. At that rate, Comcast’s cheap Internet still delivers almost $18 million in additional income, and there is a promise of much more as soon as a customer defaults on a bill, misses a qualification deadline, or their children graduate. When any of these occur, Comcast will reset customers to regular rates.

“While most observers might assume that the program is an act of corporate generosity, it was originally conceived in the fall of 2009 as a way to turn a profit by offering slower connections to certain low-income households,” said Randall.

“These plans were temporarily tabled at the direction of Comcast lobbyist David Cohen, who knew that this type of program would be attractive to the FCC and thus useful as a bargaining chip. When the time came for negotiations over Comcast’s $13.75 billion takeover of NBC Universal, Comcast was able to offer something it was planning on doing anyway. In the end, the FCC was able to claim credit for forcing Comcast to implement a program to combat the digital divide, while in reality no arm-twisting was needed,” he added.

One of the biggest challenges of America’s digital divide is making affordable Internet access available. Cable companies in particular are prepared to wring even more money from their Internet customers in the form of higher prices, new and increasing equipment rental fees, and consumption billing schemes that charge more for less service.

But that isn’t the story elected officials receive from Congress.

The potential public relations benefits far outweigh any costs to offer the service. Randall notes Comcast had delivered the Internet Essentials message to over 100 members of Congress and more than 2,000 state and local officials. To broaden its outreach effort, Comcast also engaged leading intergovernmental associations at the state and local level such as the National Governors Association, National Conference of State Legislatures, U.S. Conference of Mayors, and various other organizations of elected officials. On top of that, Comcast says that the impressions generated by media coverage of Internet Essentials launch events earned it “millions of dollars” worth of media.

What message don’t these public officials hear?

America is subjected to local broadband monopolies and duopolies that guarantee the lack of competition for high-speed Internet access.

“It earns Comcast good press while distracting regulators and public officials into thinking that changes in policy aren’t needed and that digital divide problems will somehow work themselves out on their own as a result of corporate generosity. In the long run, Comcast Internet Essentials will do no more than contribute to the delay of much-needed regulation,” concludes Randall.

Attention broadband planners: Although broadband deployment strategies differ around the world, a new report decisively concludes there is only one network technology proven to meet the demands of broadband users both today and tomorrow: a national fiber optic network.

BuddeComm’s new report, “Global Broadband – Fibre is the Infrastructure Required for the Future,” looked at every technology from variations of DSL, cable broadband, satellite, and wireless and found only fiber optics capable of handling the capacity of data and applications that will be required to run cities and countries from today onwards.

The report found that fiber optic deployment faced a range of challenges, despite its obvious technological advantages. Political obstacles are among the biggest roadblocks facing fiber networks. A combination of concerns about the cost of wiring service to procrastination has held back many national broadband improvement projects, including those in Australia and New Zealand. Incumbent commercial providers in North America have also actively attempted to block public fiber networks to protect their own commercial interests.

BuddeComm concludes America’s biggest broadband problems come as a result of incumbent providers exercising undue market power and influence over elected officials to protect their commercial interests at the price of the public good.

The report concludes that decisive political leadership is essential to overcome many of the artificial obstacles which slow down or stop fiber broadband deployments.

“One can argue endlessly about what technologies should be applied and at what cost, but we believe that all signs point to Fiber-to-the-Home (FTTH) networks as the best future-proof solution,” the report concludes. “One can debate about whether it is needed in five, ten or fifteen years – and again that depends on some of the differences between countries – but in the end FTTH is the best final solution for all urban and many regional premises.”

The 21st century digital economy is powered by robust broadband, and growing demands for faster speeds are coming from the healthcare, energy, media and retail sectors. Healthcare uses include file transfers of high-definition medical imagery and teleconferencing. Smart Grid technology is being deployed by many power companies to develop more efficient means of distributing and conserving energy. Media and mass entertainment providers are moving to high bandwidth online video, and the retail economy markets products and services over modern broadband networks.

The implications for the global economy are enormous. More than 120 countries have formal broadband policies and many consider high-speed Internet access a national priority. In the last century, North America and western Europe were considered the dominant economic players, in part because they established and maintained infrastructure to support their manufacturing and service economies. But many of these countries are falling far behind in the 21st century digital economy, where countries like Japan and Korea, parts of eastern Europe, the Baltic States, and Scandinavia are taking the lead in infrastructure deployment.

“Broadband infrastructure is perceived by all to be critical for the development of the digital economy, healthcare, education, e-government and so on,” the report notes. “From a financial and investment point of view broadband infrastructure should be treated as utility infrastructure.”

The interests of the private sector are not always aligned with the public interest, particularly when it comes to spending capital on upgrading network infrastructure. The report recommends that governments step in and build a public fiber highway system on which all providers can offer services.

“A National Broadband Network (NBN) should be based upon an open network as this makes it possible to offer the basic infrastructure on a utility basis to content and service providers,” the report concludes.

The governments of Australia, New Zealand, Israel, and others are already moving in that direction, setting up broadband authorities to build fiber infrastructure dismissed as too expensive or unnecessary by commercial providers who answer first to financial markets, shareholders, and private banks.

Under most NBN plans, providers get access to the fiber network at wholesale rates and help recoup its cost.

Australia’s National Broadband Network is on the way.

Where politicians answer to the whims of the private sector before considering the public good, the report finds:

• Private cable companies, particularly in North America, will continue to support and incrementally upgrade their HFC networks, but new cable operators are more likely to deploy fiber at the outset, not coaxial copper cable. Network costs, efficiencies, and reliability are all in fiber’s favor. In Europe, cable broadband is regularly losing market share to faster fiber technology. The share of all broadband subscribers held by HFC networks across Europe fell from 26% in 2002 to about 11% by mid-2013;
• Private telephone companies that do not face robust competition will continue to rely on their existing DSL networks. In cities and larger towns, expect phone companies to eventually upgrade to VDSL fiber-to-the-neighborhood (and its variants) in the largest markets with the most competition. Rural areas will continue to receive less robust DSL service, particularly where no cable competitor provides service;
• Rural areas may receive fixed wireless or satellite broadband service, but this is not a solution for more populated areas.

Although the global economic downturn stalled many fiber network deployments and suppressed demand, the report finds broadband usage and demand for faster speeds are quickly accelerating. Some other highlights:

• Asia continues to be the leader in fiber optic deployment;
• Sufficient customer demand to make the investment in fiber worthwhile is increasingly likely once fiber service becomes widely available in countries like the Netherlands, China, France, Israel, Switzerland, Norway and Sweden;
• International connectivity in Africa remains a challenge, but fiber bandwidth is expected to more than double by 2014;
• The Middle East will see rapid growth in fiber broadband once international capacity constraints are eased.

Obtaining a copy of the full BuddeComm report is prohibitively expensive for consumers, priced at $995.