AT&T has informed Google it will not allow the search engine company to use its utility poles to build a fiber optic network that will compete with AT&T’s own GigaPower fiber service, which launched in Austin this week.

Current rules require utilities to provide non-discriminatory access to poles for all electric and telecommunications companies. AT&T has declared Google is neither, but is willing to work with the company once it is “qualified,” said Tracy King, AT&T’s vice president for public affairs.

“By challenging the city to force an employer to share its equipment contrary to federal law and without transparency, Google appears to be demanding concessions never provided any other entity before,” said King.

The dispute now threatens to involve Austin’s city council, which fears AT&T’s position could result in thousands of new utility poles being installed next to AT&T-owned poles. City officials warn they are willing to settle the matter by changing the rules for all utility companies, using their authority as the owner of the land on which the utility poles are placed.

“We don’t want people to put up their own poles,” Rondella Hawkins, Austin’s telecommunications and regulatory affairs officer, told the Austin-American Statesman. “We want to avoid anybody putting up redundant utility poles. Could you imagine a city where all the (telecommunications) providers individually have their own utility poles? It would be a mess.”

Google said it wants to bring its fiber network to Austin in the least disruptive way possible, and AT&T’s actions may complicate the project.

Martinez

The proposed rules change threatened by the city council brought immediate opposition from both AT&T and the unions that represent AT&T workers.

“The city of Austin should not jump into what amounts to a business dispute and create winners and losers before everyone can present data on all the stakes that are involved,” wrote Becky Moeller, president of the Texas AFL-CIO.

This afternoon, with the rules change pending on the calendar, Google and AT&T apparently decided to work out the dispute before the city imposed a solution.

“After hard work, lots of meetings and tons of input – AT&T and Google agree to negotiate their issues with the city,” Austin council member Mike Martinez wrote on his Facebook page. “A postponement of [the ordinance change] is highly likely. Thank you to them and all who helped make this happen.”

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KVUE in Austin reports the pole attachment dispute between AT&T and Google threatens to involve the city council. (3:09)

*-Terms, conditions, and a whole lot more applies.

Austin residents are getting spoiled with promises of gigabit broadband — the first major city in the country offered a competitive choice of 1,000Mbps Internet providers — Google and AT&T.

But one of those claiming to offer a “100-percent fiber Internet broadband network that will deliver up to 1Gbps per second,” is already fudging on that commitment before activating its first fiber customer.

AT&T’s sudden interest in selling 1,000Mbps service came as a surprise to Austin residents that have been told for years their broadband service was fast enough as is. Grande Communications had been the choice for customers seeking the fastest speeds — they sell up to 110/5Mbps for $110 a month. Time Warner Cable still tops out at 50Mbps and AT&T’s U-verse, still not fully deployed in Texas, sold up to 24Mbps ‘screaming fast’ Max Turbo service as its top offering until recently, when AT&T began limited roll-out of up to 45Mbps service.

Mere hours after Google announced Austin as its next choice for Google Fiber, “me-too” AT&T was announcing it would build its own gigabit fiber to the home network in the same city. That was a complete 180 for AT&T, which has consistently argued that running fiber to the home was an unnecessary expense. While Verizon faced the wrath of Wall Street for its decision to launch FiOS — an all-fiber-network — analysts were complaining Verizon was spending too much while AT&T was spending considerably less on its fiber to the neighborhood U-verse system that keeps existing copper wire into the home.

Right from the beginning, AT&T has always accompanied certain terms and conditions for any fiber deployment — winning equal concessions that Google received from local officials with respect to pole attachment fees, zoning, permits, and other expenses. If those were not forthcoming, AT&T could walk away from its fiber commitment at any time.

On Monday, AT&T announced it had started deploying fiber for AT&T U-verse with GigaPower, with a plan to launch in December in neighborhoods with the highest number of votes to get the service. AT&T is taking names and numbers of interested customers seeking to show their interest in fiber service. No deposit or commitment is required to vote, but you will be placed on AT&T’s marketing mailing lists.

“Austin embodies innovation and social consciousness, and is the heart of a vibrant, ever-evolving tech culture and entrepreneurial spirit,” said Dave Nichols, president of AT&T Texas. “With our all-fiber U-verse services, we are building the foundation for a new wave of innovation for Austin’s consumers, businesses, and civic and educational institutions. It’s about engaging the full community and empowering the city and its people with all that technology can offer us. This investment will help attract new business and new jobs to Austin.”

Phillip Dampier

As long as those consumers, businesses, and jobs are within the first deployment zone for AT&T’s fiber network.

For the rest of this year and well into the next, that will be a very exclusive neighborhood.

AT&T’s press release claims it will “initially reach tens of thousands of customer locations throughout Austin and surrounding areas this year, with additional local expansion planned in 2014.”

The five-county Austin–Round Rock metropolitan area has a population of 1,834,303 residents. Assuming AT&T managed to offer fiber service to 100,000 residents — and that is a generous figure, that represents only 5.5% of Greater Austin. The old U-verse is still a work in progress in several Texas cities, so it could take years for AT&T to deploy fiber in Austin. Expect AT&T to start with the low-hanging fruit — multi-dwelling units such as apartments, condos, and other similar buildings, some that already have existing fiber connections in place.

AT&T may never get around to offering fiber to more rural locations in Austin’s suburbs: “There are many factors involved in stringing an advanced fiber network, so having your neighbors vote to be notified about U-verse with GigaPower is no guarantee we’ll get to your neighborhood first, but it does give us some idea of where we want to focus our efforts; and besides, things are always more fun when we work together.”

AT&T is already backing away from its commitment to offer gigabit service, at least initially.

“The December launch will initially feature symmetrical speeds of up to 300Mbps, […] with an upgrade to speeds up to 1 Gigabit per second when available in mid-2014, and at no extra cost,” AT&T writes in its press release.

Speaking of cost, nobody at AT&T is willing to give us one for the 1,000 300Mbps launch tier.

If AT&T is smart, it better set it lower than what Google is likely to charge, considering AT&T will initially only deliver less than 1/3rd of the promised gigabit speed.

While thinking about that, AT&T might also want to dump usage caps. The fastest U-verse tiers come with a 250GB usage allowance, which can really crimp a screaming fast fiber experience once your allowance runs out.

Verizon’s moratorium on further expansion of its fiber to the home service will continue for “the next couple of years.”

Verizon FiOS won’t be coming soon to a home near you, unless that home is inside a community with a standing agreement with the phone company.

Verizon CEO Lowell McAdam made it clear to attendees at Tuesday’s Goldman Sachs 22^nd Annual Communacopia Conference his priority continues to be investing in the company’s highly profitable wireless business, while the company’s wired infrastructure is being targeted for more cost cutting, especially in areas designated to see existing copper infrastructure decommissioned. As for expanding FiOS into new communities, McAdam said he instead preferred to concentrate on improving market share and profits for the next few years in areas already getting the fiber optic service.

McAdam noted John Stratton, president of Verizon Enterprise Solutions, has been hard at work pruning Verizon’s wireline products and services targeted to business and government customers.

“I think [he] killed about 2,000 products this year, and we have taken 350 systems offline last year,” McAdam noted. “I think we are already at 250 this year. That sort of discipline gives you the ability to streamline your infrastructure.”

For residential customers, Verizon has two sets of offerings: one for customers served by FiOS fiber optics, the other for customers unlikely to see fiber upgrades indefinitely.

Inside Existing FiOS Service Areas

“We are doing some major technology shifts within FiOS to make it more efficient,” McAdam said. “We’re going to concentrate there for the next couple of years.”

McAdam’s signals to Wall Street were loud and clear: no more FiOS expansion into new communities for now.

McAdam

Instead, Verizon will focus on improving existing service in several key areas:

• Verizon has almost two million optical terminals that McAdam says were active at one point and are now sitting idle, suggesting FiOS has won and lost nearly two million customers since launching, either because the customer switched providers or moved away. McAdam said he wants to improve Verizon FiOS’ product set enough to attract those customers back. He noted with the terminals and cables already in place, the capital costs to win back a former customer are near zero;
• Verizon is introducing a new terminal this fall. Verizon’s FiOS Media Server “eliminates the requirement for coax, once you get into the optical terminal in the basement or wherever in the house,” McAdam said. “That slashes the installation time, and therefore makes the product a lot more profitable for us going forward. It eliminates set-top boxes, it is all IP-based going forward.”
• Verizon will continue to expand Verizon FiOS, particularly in New York City where it has a commitment to offer service.

Verizon FiOS has managed to build a much larger market share than its nearest neighbor, AT&T U-verse. McAdam claimed Verizon FiOS has achieved a 39 percent market share in broadband and around 34 percent on its television service so far. McAdam’s goal is to boost that to 45 percent. In areas of Texas where Verizon first introduced its FiOS fiber optic service, the company already has a penetration rate above 50 percent for broadband and 50 percent for television, demonstrating room to grow market share. AT&T’s U-verse TV penetration rate is 20.1 percent.

For Those Unserved by FiOS

Verizon’s 4G LTE Broadband Router with Voice

Except for Fire Island, N.Y., there are no significant announcements of FiOS expansion. Instead, Verizon has focused on investing to improve its wireless 4G LTE cell networks with the hope existing landline customers will consider switching to higher-profit wireless service. An attempted trial of Verizon Voice Link, intended to be an entry-level wireless replacement of landline service, failed badly on Fire Island due to an avalanche of complaints about poor quality reception, dropped and incomplete calls, and lack of support for data.

Now Verizon is back with a new offering, its 4G LTE Broadband Router with Voice ($49.99 2-yr contract with $175 early termination fee/$199.99 month-to-month).

“Securely connect wired and wireless devices to the 4G LTE network, and connect your landline phone to make calls,” Verizon’s website says. “Combine voice and data on a Share Everything Plan for added savings.”

The device can function as both a wireless landline replacement and router for data. The unit includes three Ethernet ports and Wi-Fi to share your connection. A landline phone or cordless phone base station can be plugged in as well.

Verizon charges an extra $20 a month for Home Service Monthly Line Access on Share Everything Plans, which covers your telephone service. Customers get unlimited local, long distance, call forwarding, call waiting, three-way calling, and voice mail. 911 is available, but Verizon disclaims any responsibility if you cannot reach an operator. The device also supports TTY-TTD calling.

Verizon claims users can expect 5-12Mbps downloading and 2-5Mbps uploading on Verizon’s 4G network, assuming there is solid coverage where you use the device. Usage caps apply. A backup battery keeps the service running for up to four hours of voice calling in the event of a power outage.

McAdam admitted the thing that keeps him up most at night are regulatory issues. He particularly called out Europe, which he believes is hostile for investment. But Europeans pay considerably less for wireless service than North Americans pay, and often have more choices due to competition and regulatory oversight.

“I think the beauty of the ’96 Telecom Act was that it was such a light touch on broadband and mobile,” said McAdam. “And that is — and I sit in Europe talking to investors all the time — that is the biggest difference between the U.S. and Europe.”

To head the FCC off from pursuing any additional regulatory oversight, McAdam claims he reluctantly approved Verizon’s lawsuit against the government on Net Neutrality.

“We have had to take some positions, frankly, that we didn’t want to take,” McAdam said of the lawsuit. “It opened the door for them to get into price regulation of broadband. And I think that is not their charter, and I think it would be a mistake for the U.S. economy and certainly the telecommunications ecosystem.”

[flv width=”488″ height=”300″]http://www.phillipdampier.com/video/Verizon 4G LTE Broadband Router with Voice 9-25-13.flv[/flv]

Verizon Wireless’ latest 4G LTE router supports wireless landline service and 4G data.  (1 minute)

Several million Time Warner Cable and Bright House customers in New York, California, Texas and Florida will lose CBS programming this Wednesday at 5pm if the three companies do not iron out their differences in contract renewal negotiations.

CBS and Time Warner Cable have taken their fight public over retransmission consent talks that have left the two sides far apart. The cable operators say CBS has gotten greedy asking for as much as 600 percent more than what the cable companies paid under the old agreement that expired in June. CBS says the fact its stations have never been thrown off cable systems before is proof that their terms are reasonable.

Cable analysts say CBS’ old agreement cost the two cable operators between 75 cents and one dollar a month per subscriber. Most believe CBS is now asking for between $1-2 a month per subscriber to renew the agreement.

CBS wants to be paid at levels comparable to the most popular cable networks and believes the fact the network is now number one in the ratings delivers negotiating power. CBS has not made its aggressive position on carriage fees a secret. Executives have told investors it plans to quadruple cable and satellite fees over the next four years with a goal to raise an extra $1 billion. Wall Street analysts have recommended the stock to investors and its value has risen at least 65% in the past year.

But Time Warner Cable spokeswoman Maureen Huff believes CBS is asking for too much.

“Broadcasters have already hit customers with 84 broadcaster blackouts in the past 18 months,” Huff said in a statement. “Les Moonves, president and CEO of CBS, has always been outspoken about the programming fees he believes he deserves. He has said ‘the sky is the limit’ when talking about the price he thinks he deserves for his CBS stations, and he clearly means it. He doesn’t seem to care about our customers’ budgets or the going rates for CBS programming.”

But critics contend Time Warner Cable does not come to the table with clean hands on the issue of expensive carriage fees. Time Warner Cable seemed less concerned about the skyrocketing costs of cable programming when it set high asking prices for TWC-owned regional sports networks SportsNet and TWC Deportes.

CBS says it deserves at least as much as what Time Warner Cable pays Time Warner Entertainment’s TNT, which reportedly charges at least $1 a subscriber.

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CBS is now running this ad in New York City warning Time Warner Cable customers they are about to lose WCBS-TV, the local CBS affiliate.  (1 minute)

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Not so fast, says Time Warner Cable. CBS wants 600% more for WCBS, driving up the price customers pay for cable television. (1 minute)

If no agreement is reached, CBS expects customers will lose access to its network-0wned affiliates starting at 5pm Wednesday afternoon. Although most media reports are focused on the fact CBS stations in New York, Los Angeles, and Dallas are affected, not all are CBS affiliates. In fact, customers in a few other cities will also find their CBS-owned stations dropped:

• New York: WCBS (TWC)
• Los Angeles: KCBS, KCAL (TWC)
• Dallas-Ft. Worth: KTVT, KTXA (TWC)
• St. Petersburg-Tampa: WTOG (Bright House)
• Riverhead (Long Island): WLNY (TWC)

Some Bright House customers are also affected by dispute.

The Wall Street Journal reported that Time Warner Cable and Bright House would also drop Showtime from lineups across the country in a retaliatory move, but this was not confirmed by either cable company.

Station owners are seeking higher retransmission consent payments from cable and satellite operators to establish additional sources of revenue. Pay television customers ultimately foot the bill with higher priced cable television service. As prices rise, pay television operators increasingly worry customers will either defect to a competitor or cut the cable television cord for good. Some operators are adopting a tougher stance, willing to drop stations from the lineup.

Most station owners believe the larger number of stations they own or control, the less likely a cable operator will actually throw a station off the lineup. This month, Wisconsin-based Journal Broadcast Group is threatened with the loss of nearly half of its 15 television stations on Time Warner Cable systems in Wisconsin, Nebraska, and California:

• WTMJ Milwaukee
• KMTV Omaha
• WGBA Green Bay/Appleton, Wisc.
• WACY Green Bay/Appleton, Wisc.
• KMIR Palm Springs, Calif.
• KPSE Palm Springs, Calif.

Bigger is better

Some stations have been off the lineup since July 10 in some markets, with digital sub-channels first removed by Time Warner Cable in a warning shot in others.

Larger station owners like Sinclair Broadcast Group have felt less threatened. The more stations under negotiation, the more leverage station owners have in contract renewal talks.

Sinclair is further boosting its position in the local TV station business, spending almost $2 billion in the last 18 months buying 81 more television stations.

Sinclair owns and operates, programs or provides advertising sales services to 140 television stations in 72 markets nationwide. They are a force to be reckoned with. Despite angry words over the station owner’s asking price, both Dish Networks and DirecTV renewed their carriage agreements with Sinclair without disrupting viewing.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/WSJ Retransmission Dispute TWC CBS 7-20-13.flv[/flv]

The Wall Street Journal’s “Moneybeat” looks into the retransmission dispute between CBS and Time Warner Cable and what impact it may have on viewers. (5 minutes)

A Michigan man last week opened his front door only to find AT&T’s efforts to install U-verse for a neighbor tore up his front yard and he isn’t even a customer.

Broadband Reports‘ AT&T forum member “riekl” in Macomb discovered AT&T’s service “upgrade” for the neighbors left him with a front yard “downgrade” consisting of a long strip of dead grass, a potentially undermined driveway, and no idea who will pay to repair the damage.

“The only utility easement is a 20 foot strip in my back yard,” he wrote.

AT&T decided running cables well inside the Macomb man’s front yard and beneath his driveway was fine. So was leaving without bothering to repair the damage.

An AT&T ‘Right of Way’ manager was eventually dispatched to the property and quickly conceded AT&T buried its lines well outside of the utility easement. The company is now making arrangements to repair the resident’s lawn.

“He also apologized as their techs are told to always notify the homeowner when crossing property,” said the irked resident.

But the story may not be over. AT&T’s cable is now a permanent feature beneath the non-customer’s front yard, which could create some issues if AT&T assumes it now has an ‘effective’ easement and will be free to repair or replace the cable in the same area at their discretion.

AT&T has a long history of using contractors that do not always favor the correct solution over an expedient one.

But at least they buried the cable this time.

Last fall, a Texas resident arrived home to find AT&T had installed a new line for one of their customers by stringing it across the top of the neighbor’s back lawn, where it remained untouched and unburied for an extended period.