[Stop the Cap! has written extensively about the pervasive influence some of the nation’s largest cable and phone companies have on telecommunications legislation in this country.  On the state level, one group above all others is responsible for quietly getting company-ghost-written bills and resolutions into the hands of state lawmakers to introduce as their own.]

The American Legislative Exchange Council (ALEC) is the latest corporate response to campaign finance and lobbying reform — a Washington, D.C.-based “middle man” that brings lawmakers and corporate interests together while obfuscating the obvious conflict of interest to voters back home if they realized what was going on.

ALEC focuses on state laws its corporate members detest because, in many cases, they represent the only regulatory obstacles left after more than two decades of deregulatory fervor on the federal level.  State lawmakers are ALEC’s targets — officeholders unaccustomed to a multi-million dollar influence operation.  The group invites lawmakers to participate in policy sessions that equally balance corporate executives on one side with elected officials on the other.  Consumers are not invited to participate.

ALEC’s telecom members have several agendas on the state level, mostly repealing:

• Local franchising and oversight of cable television service;
• Statewide oversight of the quality of service and measuring the reliability of phone and cable operators;
• Consumer protection laws, including those that offer customers a third party contact for unresolved service problems;
• Universal service requirements that insist all customers in a geographic region be permitted to receive service;
• Funding support for public, educational, and government access television channels;
• Rules governing the eventual termination of essential service for non/past due payments;
• Local zoning requirements and licensing of outside work.

But ALEC is not always focused on deregulation or “smaller government.” In fact, many of its clients want new legislation that is designed to protect their position of incumbency or enhance profits.  Cable and phone company-written bills that restrict or ban public broadband networks are introduced to lawmakers through ALEC-sponsored events.  In several cases, model legislation that was developed by cable and phone companies was used as a template for nearly-identical bills introduced in several states without disclosing who actually authored the original bill.

ALEC specializes in secrecy, rarely granting interviews or talking about the corporations that pay tens of thousands of dollars to belong.  Corporate members also enjoy full veto rights over any proposal or idea not to their liking, and aborted resolutions or legislative proposals are kept completely confidential. More often than not, however, legislators and corporate members come to an agreement on something, and the end product ends up in a central database of model bills and resolutions ready to be introduced in any of 50 state legislatures.

Many do, and often these proposed bills are remarkably similar, if not identical. That proved to be no coincidence.  In July 2011, the Center for Media and Democracy was able to obtain a complete copy of ALEC’s master database of proposed legislation.  The Center called it a stark example of “corporate collaboration reshaping our democracy, state by state.”

National Public Radio takes an inside look at the American Legislative Exchange Council and how it works to help major corporations influence and change state laws. (October 29, 2010) (8 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

ALEC’s Corporate Telecom Members

ALEC defends itself saying it does not directly lobby any legislator.  That is, in fact true.  But many of its corporate members clearly do.  AT&T is one of ALEC’s most high profile members, serving as a “Private Enterprise Board” member, state corporate co-chair of Arkansas, California, Connecticut, Louisiana, Mississippi, and Texas (all AT&T service areas), a member of the Telecommunications and Information Technology Task force, and “Chairman” level sponsor of the 2011 ALEC Annual Conference (a privilege for those contributing $50,000).

AT&T’s lobbying is legendary, and is backed with enormous campaign contributions to legislators on the state and federal level.

But AT&T isn’t the only telecommunications company that belongs to or supports ALEC:

• CenturyLink (also including Qwest Communications), “Director” level sponsor of 2011 ALEC Annual Conference ($10,000 in 2010)
• Cincinnati Bell
• Comcast, State corporate co-chair of Georgia, Minnesota, Missouri and Utah and recipient of ALEC’s 2011 State Chair of the Year Award
• Cox Communications, “Trustee” level sponsor of 2011 ALEC Annual Conference ($5,000 in 2010)
• Time Warner Cable, State corporate co-chair of Ohio, “Director” level sponsor of 2011 ALEC Annual Conference ($10,000 in 2010)
• Verizon Communications, Private Enterprise Board member and State corporate co-chair of Virginia and Wyoming

ALEC supporters among trade groups and astroturf/corporate-influenced “non profits”:

• National Cable and Telecommunications Association, ALEC Telecommunications and Information Technology Task Force member
• Free State Foundation (think tank promoting limited government and rule of law principles in telecommunications and information technology policy)
• Heartland Institute, Exhibitor at ALEC’s 2011 Annual Conference, Telecommunications and Information Technology Task Force member, Education Task Force member, Commerce, Insurance and Economic Development Task Force, Financial Services Subcommittee member and Energy, Environment and Agriculture Task Force member

ALEC’s Ready-to-Introduce Legislation

The two most pervasive pieces of legislation ALEC’s telecom members (especially AT&T) want as a part of state law are bills to strip local authority over cable systems and hand it to the state government and the elimination or excessive micromanagement of community broadband networks:

This model bill for increased cable competition strips most of the authority your community has over cable television operations and transfers it to under-funded or less aggressive state bodies. Although the bill claims to protect local oversight and community access stations, the statewide video franchise fee almost always destroys the funding model for public, educational, and government access channels.

These municipal broadband bills are always written to suggest community and private players must share a "level playing field." But bills like these always exempt the companies that actually wrote the bill, and micromanage and limit the business operations of the community provider.

Legislators: Bring the family to Mardi Gras World on us, sponsored by America's largest telecommunications companies.

WHYY Philadelphia’s ‘Fresh Air’ spent a half hour exploring who really writes the legislation introduced in state legislatures. When ALEC gets involved, The Nation reporter John Nichols thinks the agenda is clear: “All of those pieces of legislation and those resolutions really err toward a goal, and that goal is the advancement of an agenda that seems to be dictated at almost every turn by multinational corporations.” (July 21, 2011) (32 minutes)
You must remain on this page to hear the clip, or you can download the clip and listen later.

Unfortunately, state lawmakers are not always sophisticated enough to recognize a carefully crafted legislative agenda at work.  National Public Radio found one excellent example — the 2010 Arizona immigration law that requires police to arrest anyone who cannot prove they entered the country legally when asked.  America’s immigration problems remain a major topic on the agenda at some ALEC events, curious for a corporate-backed group until you realize one of ALEC’s members — the Corrections Corporation of America — America’s largest private prison operator, stood to earn millions providing incarceration services for what some estimated could be tens, if not hundreds of thousands of new prisoners being held on suspicion of immigration violations.

CCA was in the room when the model immigration legislation, eventually adopted by Arizona’s legislature, was written at an ALEC conference in 2009.

Bring the Kids, Stay for the Corporate Influence

Getting legislators to attend these seminars isn’t as hard as it might sound.

In January, we reported members of the North Carolina General Assembly, who showed their willingness to support telecom industry-written bills when it passed an anti-community broadband initiative in 2011, were wined and dined (along with their staff) by ALEC at the Mardi Gras World celebration in New Orleans.  Rep. Marilyn Avila (R-Time Warner Cable), who introduced the aforementioned measure, brought her husband to Asheville to enjoy a special weekend as the featured guest speaker at a dinner sponsored by North Carolina’s state cable lobbying group:

The North Carolina Cable Telecommunications Association reported they not only picked up Marilyn’s food and bar bill ($290 for the Aug. 6-8 event), they also covered her husband Alex, too.  Alex either ate and drank less than Marilyn, or chose cheaper items from the menu, because his food tab came to just $185.50.  The cable lobby also picked up the Avila’s $471 hotel bill, and handed Alex another $99 in walking-around money to go and entertain himself during the weekend event.  The total bill, effectively covered by the state’s cable subscribers: $1,045.50.

Rep. Avila with Marc Trathen, Time Warner Cable's top lobbyist (right) Photo by: Bob Sepe of Action Audits

ALEC makes it easy because it pays the way for lawmakers and families to attend their events through the award of “scholarships”:

The organization encourages state lawmakers to bring their families. Corporations sponsor golf tournaments on the side and throw parties at night, according to interviews and records obtained by NPR.

[…] Videos and photos from one recent ALEC conference show banquets, open bar parties and baseball games — all hosted by corporations. Tax records show the group spent $138,000 to keep legislators’ children entertained for the week.

But the legislators don’t have to declare these as corporate gifts.

Consider this: If a corporation hosts a party or baseball game and legislators attend, most states require the lawmakers to say where they went and who paid. In this case though, legislators can just say they went to ALEC’s conference. They don’t have to declare which corporations sponsored these events.

Reporter John Nichols told NPR ALEC’s focus on state politics is smart:

“We live at the local and state level. That’s where human beings come into contact more often than not,” he says. “We live today in a country where there’s a Washington obsession, particularly by the media but also by the political class. … And yet, in most areas, it’s not Washington that dictates the outlines, the parameters of our life. … And so if you come in at the state government level, you have a much greater ability to define how you’re going to operate.”

Resources:

• ALEC Exposed: Access a database of more than 800 corporate ghost-written bills and resolutions intended to become state law in all 50 states. Sponsored by the Center for Media and Democracy.
• ALEC’s Database Revealed: A more general indictment of ALEC and its coordinated agenda to allow corporate influence to hold an increasing role in public policy.
• Protestors Demand End to Verizon’s Involvement in ALEC: In Albany, N.Y., protestors turned up in front of Verizon demanding the company end its association with ALEC.
• California Lawmakers Enjoy Free Trips to Hawaii, Europe: California’s state politicians are under fire for lavish travel arranged by ALEC.

Consumers and community leaders across Georgia can now rest a little easier knowing AT&T’s plans to throw up roadblocks against community broadband have gone awry.  SB313, a custom-written corporate welfare bill designed to protect cable and phone companies from competition, has reportedly been turned into a “study bill” — a graceful way to kill bad legislation without hurting too many feelings.

It wasn’t just the fact incumbent phone and cable companies wanted to stop community broadband projects from wiring communities they’ve ignored for years.  It wasn’t even the absurdity of the bill defining Georgia’s “broadband” speeds at just 200kbps (later ‘generously’ amended and increased to 758kbps).  This bill died because of consumer and community outrage — local officials working hand in hand with woefully under-served Georgians asking their elected officials why they seemed to care more about AT&T’s interests than those of the people who elected them to office.

Specious political arguments about “government/taxpayer involvement in broadband” and a sudden blitz of campaign contributions for the bill’s backers simply couldn’t overcome the reality of broadband-challenged rural Georgia.

According to the National Broadband Map, Georgia ranks 20th in the nation for broadband access. According to the forward of a report by Rich Calhoun, Program Director of the Georgia Technology Initiative, “As I traveled through the state to talk with leaders in municipalities, counties and community anchor institutions, I found that many places throughout Georgia indicated that they did not have access to affordable or sufficient broadband services. Telecommunications firms who have made significant investments in Georgia indicated that in some areas of the state the return on investment would not qualify for further investment at the present time.”

As Stop the Cap! exposed to our readers, AT&T isn’t interested in serving the broadband needs of rural Georgia and doesn’t want anyone else serving them either.

We exposed the well-financed propaganda campaign that maligned some of Georgia’s past experiences with municipal broadband, many projects derailed not by government ‘failure’ but through political interference and the private sector.  We showed readers how to follow the money to see the connection between campaign contributions and the sudden interest in effectively banning community broadband.  We exposed the fact this is a coordinated, nationwide effort by a corporate backed lobbying group (ALEC) that pays to wine and dine lawmakers and then sell them on a catalog of bills ghost-written by some of the nation’s largest telecommunications companies.  Legislation that hamstrings competition and protects monopoly profits, while always conveniently exempting incumbent providers from the terms of the bills they effectively wrote.

But the real victory goes to readers who picked up the phone or sent e-mail letting Georgia legislators know you were watching them and paying attention to this obvious corporate welfare bill.  You made it more expensive for lawmakers to vote with AT&T, despite their campaign contributions, than to vote for -your- interests.  The next election is never too far away.

Why We Fight: These are the minimum speeds needed by some of Georgia's most important institutions. While state lawmakers have 100Mbps access in Atlanta, some are content to define 758kbps "broadband" as just fine for the rest of the state.

We also applaud the Institute for Local Self-Reliance.  Their Community Broadband Networks project was able to educate, coordinate, and rally local governments who may not have been aware their broadband future was about to be indefinitely held ransom by AT&T and Comcast.

We never underestimate AT&T’s power and money.  But they continue to underestimate us and the communities they are supposed to be serving.

Common sense prevailed in Georgia.  South Carolina may be a different story.  Their own anti-broadband measure is still alive and kicking.  We’ll be holding additional “calls to action” on this bad bill shortly.

Stay involved in the fight.  The better broadband you protect may be your own.

The Florida Attorney General’s office is taking notice of an increasing number of consumer complaints regarding service providers auto-renewing contracts for subscription services without notifying customers in advance.

Among the worst offenders is satellite radio and Internet streaming provider SiriusXM, which some consumers say is notorious for shady billing and collection policies.

SiriusXM provides free trial service in any new and most used vehicles where receivers come pre-installed.  Most dealers activate the service trial for consumers, and pass along the name, address, and phone number of the individual buying the vehicle.  Within two weeks, SiriusXM will begin mailing customers invitations to convert their free trial into a paid subscription, usually with a discount offer.  Consumers who sign up for promotions like SiriusXM’s “5 months for $25” are invited to charge their subscription with a major credit card over the phone.

That’s where the trouble starts, several customers report.

Unbeknownst to them, SiriusXM will “automatically renew” active subscriptions with a credit card on file for “the convenience of the customer,” once the promotion expires.  Customers usually find out when they find a substantial charge on their credit card, often representing the next quarter of service, billed at the regular price of $12.95 per month, plus a “music royalty fee” and any additional state and local taxes.

Some subscribers find even bigger headaches when taking advantage of discounted annual rates that als0 auto-renew.  If the subscriber isn’t automatically billed for the renewal on a credit card, they will often find a bill in the mail, along with a fee for mailing the unexpected invoice.

Getting SiriusXM to cancel surprise bills can become a major headache, and has led to thousands of complaints with the Better Business Bureau.  SiriusXM’s overseas call centers can leave customers waiting on hold for more than half an hour, only to be connected with an English-challenged, uncooperative customer service agent that refuses to waive unexpected charges.

To be fair, SiriusXM’s subscriber agreement provides warnings that canceling service requires more than ignoring a billing statement.  Service will continue (along with billing) for up to three months before the service is suspended and the account is turned over to collections.  Consumers should not consider -any- SiriusXM plan or promotion a one-time, non-renewing offer.  Every promotion we’ve encountered will end with an account converted to regular price service.

Florida state law requires providers like cable, satellite, and phone companies to warn subscribers at least 30 days in advance of any scheduled automatic renewal of a contract.  The law gives consumers time to opt out before they find themselves committed to a service they no longer want.  But many customers accuse SiriusXM of ignoring the law, and the first indication the radio service has been renewed arrives in the form of a bill.

Coping with the third party collection agency SiriusXM uses can be even more difficult than dealing with the company directly, according to several complaints.

Customers who have filed complaints with the BBB report the company usually bends to customer demands at that point.

We have had some long-standing experience dealing with SiriusXM customer service ourselves.  Here are some tips:

1. Don’t give them a credit card number over the phone.  Tell them to send you a bill in the mail and you will write them a check.  You can make a “one-time” credit card payment on their website that has never resulted in auto-payments for us.  Most of the automatically-renewing charges we’ve encountered came from overzealous telephone customer service representatives enrolling us in the “auto-payment” service without our authorization.
2. You almost never have to pay regular SiriusXM prices.  Their retention offers can be renewed over and over again just by telling them the regular price is too high.  But retention plans do not include “best of” channels from the sister provider (Sirius customers can get certain XM channels and vice-versa).  Routine promotions these days are 5 months for $25 or a year for $77 if you don’t want the hassle of calling every five months to renew your retention deal.  Either is much better than $12.95 a month.
3. Although getting “late fees” and “paper billing fees” waived is easy, getting the bill-padding “music royalty fee” forgiven is not.  But you can try.
4. The “lifetime” promotion only covers the life of the receiver (or your automobile).  It’s not a good deal.
5. When you sign up for a promotion, use a calendar application to start reminding you 30 days before it expires so you can call and extend it.  If your promotion expires, you will be billed regular prices and it is a major hassle to get them to waive or discount those charges in-between promotions.
6. If you want to listen to the music channels on offer from SiriusXM these days, you can sample them for free using their streaming service.

SiriusXM recently announced they intend to raise their monthly subscription price to $14.49 in January — just another reason not to pay the regular price.

[flv width=”360″ height=”290″]http://www.phillipdampier.com/video/WFTS Tampa Satellite radio irks some customers 9-19-11.mp4[/flv]

WFTS-TV in Tampa reports on increasing complaints about SiriusXM’s billing and auto-renewal practices.  (4 minutes)

AT&T stands to benefit enormously from the latest attempt to deregulate telecommunications services that could leave rural Michigan residents without a phone line, strips consumer protection and oversight rules to protect ratepayers, and wipes out the state Public Service Commission’s (PSC) traditional role of arbitrating telephone service and billing disputes.  In short, it delivers all of the benefits to AT&T and hangs up on Michigan consumers when their telephone service goes wrong.

AT&T  has found a real friend in Rep. Ken Horn (R-Frankenmuth), who introduced H.4314, a bill to overhaul Michigan’s telecommunications law.  Horn is AT&T’s top recipient of political contributions made by the company (and its employees) in the Michigan House.  He’s the third largest recipient of phone company money in the state, according to records from Project Vote Smart.  Horn’s bill delivers absolutely no discernible benefits to Michigan ratepayers.  Instead, Christmas comes early for big phone companies as Horn’s bill fulfills a wish list drawn up to eliminate decades of consumer-friendly protections:

1. Eliminates the PSC’s annual report on telecom competition and rate fairness in Michigan;
2. Allows AT&T to stop cooperating with the PSC in supplying information to help produce said report;
3. Strips away the requirement that companies like AT&T keep proper records that show the costs of delivering their services to customers;
4. Allows companies to keep secret the rates for services delivered by contract;
5. Eliminates the requirement that companies like AT&T deliver “high quality basic local service” to all residents in the state;
6. Expires all service quality standards established by the Commission on June 30, 2011;
7. Allows companies to escape punishment by eliminating the PSC’s authority to issue fines, cease and desist orders, or revocation of service licenses when a company has violated state law;
8. Requires all parties in a mediated dispute to keep the outcome secret;
9. Eliminates state-mandated fair billing practices;
10. Permits AT&T and other companies to sell, lease, or otherwise transfer assets and sell service to an affiliate below cost;
11. Allows companies to discriminate in favor of an affiliated burglar and fire alarm service over a similar service offered by another provider;
12. Eliminates the requirement that companies provide each customer a clear and simple explanation of the terms and conditions of services purchased by the customer and a statement of all fees, charges, and taxes that will be included in the customer’s monthly bill.
13. Allows AT&T and other providers to market products and services without giving the customer a true and fair estimate of the real “out the door” price for service — after taxes, fees, and surcharges.
14. Allows AT&T and other phone companies to discontinue service in any area provided with anything resembling a two-way telecommunications service including wireless, radio, or Voice Over IP service;
15. Eliminates the telecommunication relay service advisory board, which ensures quality service to the hard of hearing and deaf communities;
16. Reduces privacy guideline requirements protecting customers.

In tandem with Horn’s bill, AT&T released a congratulatory brochure reminding legislators they got the first half of their agenda enacted six years ago, now it is time for the rest of their dreams to come true.

Calling the proposed bill part of  “an innovation agenda to ‘modernize’ Michigan’s Telecommunications Act,” AT&T characterized the legislation as the ultimate red tape cutter, eliminating “a rotary phone mentality in a Smartphone, Wi-Fi world.”

Innovation, AT&T Style

But the proposed bill goes well beyond eliminating what AT&T considers outdated regulations and old phones — it could also eliminate phone service to Michigan’s most rural communities.

President Barack Obama was in Michigan last month to promote expanding broadband service, particularly in sparsely covered communities in the upper peninsula.  Large sections of Michigan remain underserved by AT&T, who does not extend DSL service into many rural areas.  Nothing in AT&T’s reform measure will bring broadband to these areas.  In fact, the bill grants AT&T permission to abandon landline service to these areas altogether, taking the prospects for DSL with it.

By winning an unrestrained playground for its products and services, for which it can charge whatever it likes — AT&T will follow Verizon’s lead and enhance service through its U-verse platform in urban and wealthy areas of the state at the expense of rural areas which are deemed unprofitable to serve.  While that’s great news for AT&T’s profit and loss statement, it hardly benefits the residents of Michigan who have helped build AT&T’s enormous network with decades of bill payments.

AT&T has a different position, of course. The phone company claims the bill will “better serve consumers” by eliminating “non-productive investments,” which really means investments in a landline network many Americans in more urban areas don’t care about anymore.  AT&T has focused much of its attention on its wireless network, which can deliver benefits to residents in Ann Arbor, Detroit, Saginaw and Grand Rapids, but is hardly a broadband replacement for Marquette or Elk Rapids — not with that 2GB monthly usage cap.  For urban dwellers, the promise of AT&T U-verse replacing AT&T DSL makes the phone company relevant in the broadband marketplace once again, but at the potential price of rural Michigan, who will never see the service in their neck of the woods.

AT&T claims their telecom reform agenda “means putting up a sign that says we are a state that gets it and will welcome and not restrain innovation,” the company says. “20th century regulations stand in the way of 21st century technology. Now is the opportunity to clear these roadblocks to investment and innovation.”

But AT&T’s policy bulldozer does far more than just sweeping away so-called “outdated” regulations.  It strips away fundamental consumer protection from unfair rate hikes, deteriorating phone service, billing errors, privacy protection, and the most basic right Americans have counted on for decades — the opportunity to purchase affordable landline service in even the most rural parts of the state.

Unfortunately, AT&T’s “innovation agenda” is deregulation at a price.  In Ohio, after similar legislation was passed, AT&T promptly raised rates on consumers last summer.  They did the same thing in California.  And Illinois.  Even U-verse, while delivering a second option for urban residents, simply does not save most subscribers money, especially after the introductory promotional rate expires.  It comes with rate hikes itself.

The Michigan Telephone Blog analyzes most of the bill’s outcomes with the same skeptical eye we have, and delivers a warning to other phone companies and businesses that could pay the price for AT&T’s version of “reform”:

If you are with a CLEC, an alarm company, or really any business that depends on telecommunications service in Michigan, you probably should have your legal department and/or your tariff guys looking at this bill.  If you belong to any type of consumer or business organization, especially one that protects senior citizens (who often hang onto the older technology, including the phone service they’ve always used) or small businesses (that often can’t move to other technologies for various reasons, particularly when they are located in less densely-populated areas), you should probably take a close look at this bill as well.