Gilbert

Only in Texas.

Less than a day after the Texas Department of Agriculture unveiled its statewide broadband map, an opposition candidate running for the office of Agriculture Commissioner dismissed it as a re-election scheme that will never benefit rural Texas.

Hank Gilbert, the Democratic agriculture commissioner candidate, criticized the incumbent commissioner’s efforts as a cheap stunt that took four years to deliver and wasted taxpayer money.

“This is yet another stupid, sleazy, ‘look-at-me’ political trick designed to cover up the fact that he’s one of the best at wasting tax money in the history of the state,” Gilbert said. “That map will do nothing for people without broadband access.  I’m sure people on landline modems will be grateful to Todd—after the 45 minutes it takes them to actually view the map to determine, sure enough, that their area isn’t served by broadband,” Gilbert continued.

Gilbert is referring to a joint broadband mapping project by the Texas Department of Agriculture and telecom industry front group Connected Nation, which is stacked to the rafters with telecom industry executives with a vested interest in making sure those maps reflect the industry’s interests.

Current commissioner Todd Staples released the map with great fanfare, claiming 97 percent of Texas already had access to broadband service, with just three percent, representing 250,000 Texans without.  Those numbers were debatable, considering Connected Nation was involved.  In earlier mapping efforts, the group claimed ubiquitous broadband was already available over large sections of several communities, even though it turned out many of those homes could not qualify to receive the DSL service the group said was available.

Gilbert put a less fine point on it:

Texas Broadband Map (click to enlarge)

“Aside from the fact that he considers the federal stimulus dollars for broadband an excuse to gain further name recognition, what has Todd Staples really done to increase broadband connectivity in Texas,” Gilbert asked. He also questioned why TDA officials have said publicly, in the weeks prior to the map’s unveiling, that they didn’t know what areas of Texas were not served by broadband or high-speed internet access.

“It is a sad day when the agency and commissioner in charge of making sure rural areas get broadband don’t know which areas are underserved. It’s even more sad that the TDA had to depend on a public-private partnership with a non-profit agency to figure it out. I don’t think it will come as a surprise to anyone that telecom companies have far more granular information on existing service areas,” Gilbert said.

“Based on the information available on the website Staples is touting, anyone with a pulse, vocal chords, and the ability to dial the keys on a telephone could have collected this information from providers. I don’t see why it has taken Todd Staples nearly four years to do this,” Gilbert said.

Gilbert is apparently new to the broadband availability debate.  Telecom companies treat specifics about their broadband service areas and speeds as proprietary business information and will not disclose it to the government or any other third party, claiming it needs to protect the information for competitive reasons.  Earlier efforts to collect this information in other states met with stonewalling from providers.  Even the federal government has been unable to gather street-level statistics on broadband service from some providers.

But Gilbert has a point that a map project, especially with an industry front group in the mix, does not actually bring broadband to anyone.  Too often, such maps are used to block would-be competitors from getting federal broadband grant money, with nearby providers claiming the maps show the funding would help a community already served by broadband, even if it was not.  They also help paint a helpful picture for an industry seeking funding for middle-mile projects that divert broadband stimulus funding to help incumbent providers enhance their networks at the public expense.  In short, Texas cable and phone companies get to argue the stimulus program is a waste of money (unless they are recipients) because Texas doesn’t have a broadband problem.

Cue the Texas Cable Association:

“The map shows that less than 1 percent of all Texans cannot access some form of broadband, whether, wired, wireless or mobile. Yet – without this information – the federal government awarded more than $200 million in grants and loans to projects in Texas. Some of these projects propose to duplicate service in an area already served by multiple broadband providers.

“In addition, the federal government set a deadline for second-round funding applications that forced the Texas Department of Agriculture to again make recommendations without the benefit of the mapping data.

“As the federal government considers these new applications, the Texas Cable Association urges it to make its decisions based on the new Texas broadband availability map.

“Taxpayer dollars – in the form of government grants – should not be used to duplicate services or to provide free capital that allows grant winners to gain market advantage over private companies that have invested millions of dollars of their own money to make broadband available.”

The state cable lobby even has a 30 second ad running, thanks to the help of the mother-of-all-astroturf groups, Broadband for America — a front group for big cable and phone companies.

[flv]http://www.phillipdampier.com/video/Texas Cable Association Broadband Ad.flv[/flv]

The Texas Cable Association has this not-too-subtle ad promoting private investment in broadband, suggesting Texas telecoms are helping, not hurting consumers and businesses.  (30 seconds)

The Staples campaign responded to Gilbert’s accusations Texas-style — by accusing their opponent of being a crook.

Staples’ campaign manager Cody McGregor said:

“Our opponent has a criminal conviction for theft, unpaid taxes, current tax liens, and allegedly accepted a bribe for $150,000. I hope all Texans will gain access to the Internet and have the ability to view www.guiltyguiltygilbert.com and get the facts about our opponent and his campaign’s trouble with telling the truth.”

Staples’ website is way over the top, accusing Gilbert of being a “villainous Obama Democrat” who is guilty of not wearing his seatbelt and being stupid.

Todd Staples owns stock in at least two telecom companies, AT&T and Fairpoint Communications, the latter of which is probably not helping his portfolio too much considering it declared bankruptcy.

Read Gilbert’s “fact sheet” on Todd Staples’ broadband mapping project below the jump.

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/Repeat Offender Hank Gilbert.flv[/flv]

And you thought your state’s campaign ads were too negative.  The Staples campaign goes back to the old west to drive home a message about their opponent.  (1 minute)

… Continue Reading

The Beaumont Enterprise has an online poll up to accompany its report on the end of AT&T’s Internet Overcharging scheme.  The poll is not well-written — I’ll write about that later.  In the meantime, let’s deliver a message to Beaumont that usage caps and other overcharging schemes are -not acceptable!-

The poll:

Should companies charge you based on the bandwidth you use?

• Yes.  You pay more for larger and faster in everything else.
• No.  Volume purchases should yield a discount.  <– Vote for this one.
  
• Hold on while I download this movie.

The first option is nonsense.  If you buy unlimited long distance plans from AT&T (assuming they bill you correctly), do you pay more for making 10 vs. 100 calls?  No you don’t.  The second choice is the one we recommend you choose, even though it’s poorly worded — it assumes you should still be capped, just not as extremely.  We’ll have to re-educate them on that.  The third option is simply insulting — playing into the stereotype that “heavy downloaders” are simply pilfering movies from the web.  That’s garbage.  We’ll educate them about that as well.

Thus far, with 75 votes in, the noes have it.  Let’s make that overwhelmingly so — here is the link.

An Associated Press report gave credit to Stop the Cap! for getting first official word that AT&T ended its Internet Overcharging experiment in Beaumont, Texas and Reno, Nevada.

Stop the Cap! reader Scott Eslinger managed to get an AT&T customer service representative to read aloud a confidential memo distributed by the company terminating the experiment effective April 1st.  Because AT&T never disclosed the end of the experiment to impacted customers, the coverage by the wire service should help spread the word to residents that the rationing is over:

The phone company confirmed Tuesday that it is no longer holding DSL subscribers in Reno, Nev., and Beaumont, Texas, to data consumption limits and charging them extra if they go over.

With AT&T’s retreat, no major Internet service provider is championing the idea of charging subscribers for their data usage. Time Warner Cable Inc. was a major proponent of the idea and also conducted a trial in Beaumont, but backed away last summer after its plan to expand metered billing to other cities met fierce resistance from consumers and legislators.

AT&T’s trial started in November 2008 in Reno, and was later extended to Beaumont. It ended on April 1 this year, said AT&T spokeswoman Dawn Benton.

“We’re reviewing data from the trial, and this feedback will guide us as we evaluate our next steps,” Benton said.

AT&T should carefully review feedback from customers who despise usage limits and overlimit fees.  Studies show the overwhelming majority of customers do not like their broadband usage artificially limited with arbitrary allowances and overlimit fees, and customers will dump providers who ignore their wishes.

AT&T’s experiment never saved consumers a penny — the company simply slapped allowances as low as 20 GB per month on existing speed-based tiers.  Customers already face practical usage limits from Internet providers.  Those purchasing slower speed tiers are usage limited by those speeds.  Those who pay for higher priced, faster tiers benefit from naturally greater allowances those speeds provide.  Adding a new layer of limits only discourages customers from using the service they already pay good money to receive.  Besides, as profits explode in the broadband sector, the costs (and investment) to provide the service have declined, wiping out the justification for these schemes.

Stop the Cap! opposes all of these Internet Overcharging schemes.  While many providers seek to demagogue some broadband users as “data hogs” or “pirates,” the fact is today’s “heavy user” is tomorrow’s average consumer.  High speed broadband has the potential to revolutionize education, health care, private business, and entertainment, but not if a handful of major providers decide to end innovation by rationing the service to its customers.

Today marks the first anniversary of news that Time Warner Cable planned to expand an Internet Overcharging scheme being tested in one Texas city to four additional cities within its service area.

Residents of Rochester, New York, the Triad Region surrounding Greensboro, North Carolina, as well as Austin and San Antonio, Texas first learned of the planned expansion of so-called “metered broadband” from a Business Week article dated March 31st, which has since accumulated more than 450 comments to date:

Web users, the meter is running. In a strategy that’s likely to rankle consumers but be copied by competitors, Time Warner Cable is pressing ahead with a plan to charge Internet customers based on how much Web data they consume. Starting next month, the company will introduce tiered pricing in several markets.

In April, Time Warner Cable will begin collecting information on its customers’ Internet use in the Texas cities of Austin and San Antonio and in Rochester, N.Y. Consumption billing will begin in those cities later this summer. In Greensboro, N.C., the billing changes will begin sooner. Spun off from Time Warner this month, Time Warner Cable had been testing a plan to meter Internet usage in Beaumont, Tex., since last year.

Proposed pricing models created by Time Warner Cable would have tripled broadband bills to an unprecedented $150 a month for consumers seeking the same level of broadband service they enjoyed a month earlier.  For a cable industry that was used to pushing through rate increases well above the annual rate of inflation, such an enormous rate increase was unprecedented, even for them.

For consumers willing to ration their broadband use, the news was slightly better — you’d still pay more for less service, and be exposed to overlimit fees and penalties should you exceed your monthly allowance, which was as low as a 1 GB per month for one proposed plan.

While residents of Beaumont, Texas had to endure these prices for several months prior to the announced expansion of experimental Overcharging, once news hit tech-savvy cities in Texas, New York, and North Carolina, an all-out consumer rebellion began.  Residents in Austin met with city officials to discuss alternatives to a cable company that threatened Austin’s high tech status.  For residents in Rochester, already coping with a 5 GB usage allowance for Frontier Communication’s DSL service, it was a clear-cut case of monopolistic greed.  In North Carolina, working to transition its way towards a digital economic future, an Internet rationing plan would hurt the economy of the entire Triad region.  San Antonio residents were equally unimpressed with the cable operator as well, demanding alternative providers.

Former Congressman Eric Massa (D-NY)

Consumers banded together on Stop the Cap! and other consumer-oriented websites to coordinate the pushback effort.  Protests were held, the media was engaged, and at least in New York, the politicians were not going to sit back in Time Warner Cable’s favor.  Former Rep. Eric Massa expressed outrage at the company for its new pricing plan and Senator Chuck Schumer personally called Time Warner Cable CEO Glenn Britt.

A few lapdogs in the trade press and “dollar a holler” astroturf groups praised Time Warner Cable’s price gouging plans.  One even went as far as to suggest Time Warner Cable “took one for the team” — referring to a cable industry just waiting to test some Internet Overcharging of their own.

Time Warner Cable dispatched some of their social media minions to try and explain away the outrageous price increases, offering to “listen” to consumers with suggestions about how to “improve the plan.”  One, like TWCAlex offered “proof” consumers wanted this kind of pricing.  The disingenuousness of the effort rivaled Lord Haw Haw’s Germany Calling propaganda broadcasts on the Reichssender Hamburg.  Company officials ignored the overwhelming consensus that consumers didn’t want metered or capped service and then weeks later those who did submit comments were notified they were “deleted without being read.”

Meanwhile, Rep. Massa’s office began drafting legislation to ban the unprecedented pricing schemes, culminating in a bill introduced in 2009 to ban unjustified usage caps and metered billing.

On April 9th, Landel Hobbs, Chief Operating Officer of Time Warner Cable, issued a recitation of the reasons why Time Warner Cable felt justified in exposing customers to up to 150 percent rate hikes — reasons we’ve managed to debunk over the past year’s coverage:

With the ever-increasing flood of content on the Internet, bandwidth consumption is growing exponentially. That’s a good thing; however, there are costs associated with this increased Internet usage. Here at Time Warner Cable, consumption among our high-speed Internet subscribers is increasing by about 40% a year. As a facilities based provider, we’ve built a network that must be maintained and upgraded. We have increasing variable costs and we have to continue to invest in the network itself.

As we’ve since proven, Hobbs statements to the public obscure the facts in his own company’s financial reports which are remarkably consistent quarter after quarter: revenues for broadband service are increasing while the costs to provide it are falling.  In fact, broadband is rapidly becoming the most important element of the cable industry’s quest for fat profits.  Time Warner Cable, as well as others, have plenty of financial resources from the billions in profits they earn from broadband every year to provide cost-effective upgrades that benefit them as well as consumers at today’s flat rate prices.

Just a few weeks ago, Hobbs told investors consumers are so devoted to their broadband service, the company could raise broadband prices anytime they like.  Funny how “increasing costs” never came into the discussion there.

This is a common problem that all network providers are experiencing and must address. Several other providers have instituted consumption based billing, including all major network providers in Canada and others in the U.K., New Zealand and elsewhere. In the U.S., AT&T has begun two consumption based billing trials and other providers including Comcast, Charter and Cox are using varying methods of monitoring and managing bandwidth consumption.

As Stop the Cap! has illustrated repeatedly, such consumption billing schemes are despised by consumers -and- most countries see them as hampering their digital economy.  Australia and New Zealand have government initiatives to improve broadband service to the point where consumption billing and usage caps are a distant memory.  Canada’s usage based billing schemes come from market concentration, particularly from Bell which is by far the largest wholesale supplier of bandwidth in the country.  Their quest for profits, along with a compliant regulatory body (the CRTC) has made such ripoff pricing commonplace.  The result on Canada’s broadband rankings are clear as the country continues to fall further behind other OECD nations.  Canadians do not want such pricing, but when a duopoly is allowed to exist unfettered by appropriate oversight, the end result is always the same – higher prices for poorer service.  In the United Kingdom, several flat rate plans are available, with more on the way as the UK embarks on its own Digital Economy plan.

There are other reasons why such consumption billing schemes are in place in other countries – namely insufficient international capacity to move traffic back and forth outside of the region.  That too is being addressed.

That other cable operators are overcharging consumers or limiting their usage is hardly a surprise considering insufficient competition in the marketplace makes that possible.  However, Comcast’s 250 GB limit is far more generous than anything Time Warner Cable proposed, Cox rarely enforces their limits, and Charter recently announced it had abandoned theirs.

For good reason. Internet demand is rising at a rate that could outpace capacity within a few years. According to industry analysts, the infrastructure may not be able to accommodate the explosion of online content by 2012. This could result in Internet brownouts. It will take a lot of money to fix the problem. Rather than raising prices on all customers or limiting usage, we think the fairest approach is to move to a tiered model in which users pay more if they use more.

Hobbs’ reliance on the “exaflood” or the “zettabyte” theory of Internet brownouts comes courtesy of the prostituting, industry-backed Discovery Institute — the people who will cough up bought and paid for “research studies” that say anything the buyer wants them to say and Cisco, which makes a handsome buck off selling broadband network equipment to providers they panic with stories of Internet data tsunamis and brownouts.

Hobbs

Two weeks after the Business Week article, Senator Schumer flew to Rochester and joined a few of our local Stop the Cap! members and myself to announce the end of the nightmare — no more Internet Overcharging consumers in any of the three states. Even Beaumont was soon freed from the ripoff pricing experiment.

But Time Warner Cable promised that one day, they could be back with the same schemes, after “educating their customers.”  Stop the Cap! has spent the last year assembling an extensive record of just how unjustified these pricing schemes really are, and we’ve been educating consumers about how an duopolistic broadband industry is seeking to monetize and control as many aspects of America’s online experience as possible.

We’ve exposed dozens of astroturf and other industry-backed groups trying to peddle the broadband industry agenda, often trying to hide who is paying the bills.  Whether it’s scare stories about broadband brownouts, fear that oversight and regulation will drive away investment and reduce service, or the need to stop Net Neutrality — it’s all designed to protect provider profits, not help consumers.

There is nothing fair about Internet Overcharging schemes.  There has never been a true consumption billing scheme that charged consumers nothing if they didn’t use the service, and the prices being charged for consumption above one’s allowance are often several thousand percent above actual cost.  Indeed the CEO of Crown Fibre Holdings CEO Graham Mitchell, admitted the truth about such pricing schemes when he told Techday that where ISP’s engage in such pricing schemes, they don’t make their money in providing access to broadband; they make it out of data caps.

We have no illusion providers won’t be back for a second bite at your wallets, which is why the education effort continues.  Over the last year, we’ve expanded our coverage to promote better broadband, and to expose bad actors among the broadband cable, telephone, wireless, and satellite industry.  We’ll continue to expose lobbying efforts to legislate away oversight, consumer protection, and limit potential competition.  Stop the Cap! also continues to fight for improved rural broadband that moves beyond today’s satellite fraudband that delivers woefully slow, heavily limited and expensive service.  We’ll also coordinate efforts to push back whenever Internet Overcharging schemes appear on the horizon, and we won’t let go until such language is banished from customer agreements and Acceptable Use Policies, whether they are formally enforced or not.

One year later, America’s broadband users are safer from such schemes, but not yet safe.  Thanks to all of our readers for staying engaged.