Not a single Republican member of the North Carolina House of Representatives stood with consumers yesterday as the cable industry’s custom-written anti-community-broadband bill — H.129 — passed the House in a lopsided 81-37 vote. Fifteen Democrats joined them, some after it was apparent the bill would enjoy lockstep support from their Republican colleagues.  Only three dozen Democrats were willing to choose the interests of their constituents over the interests (and campaign contributions) from Time Warner Cable, AT&T, and CenturyLink.

Rep. Bill Faison (D-Orange) told WRAL-TV voters need to be aware H.129 was Time Warner’s custom-written bill imposing harsh terms and conditions on community broadband networks, while exempting big cable and phone companies.

“Where’s the bill to govern Time Warner?” Faison asked.

Faison predicted the bill will make it next to impossible for any future community broadband effort to deliver service, even in areas where nobody else has or will.

In the communities of Mooresville and Davidson, House Speaker Thom Tillis (R-Cornelius), who represents north Mecklenburg including Davidson and Rep. Grey Mills (R-Mooresville) both voted for the bill, throwing the local community-owned MI-Connection cable system under the bus.  That cable system, acquired from bankrupt Adelphia Cable and rebuilt to modern standards, faced unexpected financial hurdles from the decrepit state the infrastructure was left in when it was sold.  H.129 would limit the system’s ability to reach its entire natural service area in an effort to remain viable, likely banning service for unincorporated Mecklenburg and Iredell counties, and parts of the community of Corelius.

Avila’s statements defending her bill ranged from confusing to the downright absurd — particularly the assertion that high tech businesses will avoid North Carolina if her bill didn’t pass because companies would not want to do business in a state where the local government provided competing broadband service.  That’s a ludicrous notion for a business confronted with 1.5Mbps DSL from CenturyLink.  No high technology business will want to do business in a state that delivers some of the nation’s least adequate broadband service.  With Ms. Avila’s efforts, that fact of life could gain rubber stamp approval from many in the state legislature more interested in protecting the profits of New York-based Time Warner Cable than Wilson, N.C.-based GreenLight.

The bill is headed to the Senate next.  We’ll have a Call to Action up shortly regarding this.

If your member from the House of Representatives is not on the list below, they need to be held accountable for doing the wrong thing for North Carolina broadband.

NC House of Representatives Members Voting For Consumers By Opposing H.129

(Click the name of your member to obtain current contact information, and please send thanks for their vote yesterday.)

 

Party	District	Member	Counties Represented
Dem	58	Alma Adams	Guilford
Dem	107	Kelly M. Alexander, Jr.	Mecklenburg
Dem	106	Martha B. Alexander	Mecklenburg
Dem	21	Larry M. Bell	Sampson, Wayne
Dem	63	Alice L. Bordsen	Alamance
Dem	60	Marcus Brandon	Guilford
Dem	7	Angela R. Bryant	Halifax, Nash
Dem	100	Tricia Ann Cotham	Mecklenburg
Dem	50	Bill Faison	Caswell, Orange
Dem	24	Jean Farmer-Butterfield	Edgecombe, Wilson
Dem	114	Susan C. Fisher	Buncombe
Dem	43	Elmer Floyd	Cumberland
Dem	33	Rosa U. Gill	Wake
Dem	45	Rick Glazier	Cumberland
Dem	66	Ken Goodman	Montgomery, Richmond
Dem	54	Joe Hackney	Chatham, Moore, Orange
Dem	119	R. Phillip Haire	Haywood, Jackson, Macon, Swain
Dem	29	Larry D. Hall	Durham
Dem	57	Pricey Harrison	Guilford
Dem	56	Verla Insko	Orange
Dem	39	Darren G. Jackson	Wake
Dem	59	Maggie Jeffus	Guilford
Dem	115	Patsy Keever	Buncombe
Dem	42	Marvin W. Lucas	Cumberland
Dem	30	Paul Luebke	Durham
Dem	34	Grier Martin	Wake
Dem	69	Frank McGuirt [ Appointed 03/07/2011 ]	Anson, Union
Dem	9	Marian N. McLawhorn	Pitt
Dem	5	Annie W. Mobley	Bertie, Gates, Hertford, Perquimans
Dem	44	Diane Parfitt	Cumberland
Dem	72	Earline W. Parmon	Forsyth
Dem	118	Ray Rapp	Haywood, Madison, Yancey
Dem	38	Deborah K. Ross	Wake
Dem	23	Joe P. Tolson	Edgecombe, Wilson
Dem	35	Jennifer Weiss	Wake
Dem	55	W. A. (Winkie) Wilkins	Durham, Person
Dem	71	Larry Womble	Forsyth

 

Q.  What moves faster than North Carolina’s cable and DSL service?

A.  Legislation to make sure the state’s telecom companies can continue to provide slow, expensive, and hit or miss service for years to come.

Big Telecom money has greased the process as H.129, the Telecom Monopoly Preservation and Protection Act is rushed to the House floor before North Carolina consumers know what is happening.

Residents have until Monday evening at 7pm to make their feelings known on this anti-consumer nightmare for cities and small towns:

• H.129 will shut down the digital economies of small cities like Wilson and Salisbury just as they are primed to sell themselves as a great home for high-tech, high-paying jobs.
• H.129 guarantees rural North Carolina will resemble the 21st century equivalent of Oliver Twist — begging for whatever limited broadband the state’s phone companies refuse to deliver.

The appalling truth is that the companies pushing for this bill only want broadband service on their watch, under their control, with their high prices and virtually no competition or choice.  And now AT&T is prepared to limit your broadband usage as well, establishing usage caps and overcharging customers who exceed them.

Do you want your broadband choices limited to these phone and cable companies?  Considering North Carolina broadband is ranked 41st out of the 50 states, it’s clear they don’t consider the state a priority.

But it does not have to be this way.  Where providers drop the ball, communities should have the choice to pick it up and run with it.  That is what Wilson and Salisbury did, and the result is the best broadband service in the state.  That’s a threat Time Warner Cable and CenturyLink can’t afford to ignore, which is why they want these networks stopped at all costs.

Defeating H.129 is critical to the state’s broadband future.  As written, it delivers no new broadband connections, does not promote or provide any competition, or help any individual or community.  It was written by the state’s telecom companies to benefit them, and them alone.  It guarantees you will be stuck paying ever-increasing bills for limited service indefinitely.

Tell House members they must do what is right for the voters, not what is right for the cable and phone companies.  Tell them to VOTE NO ON H.129.  The broadband saved may be your own.

You can find your individual representative and their contact information below the jump.  Please get writing and calling today!

… Continue Reading

Rep. Julia Howard (R-Davie, Iredell) threatened to get up and leave an interview with a Raleigh television reporter if the NBC station didn’t “switch the camera off” after she was questioned about her support of an anti-consumer, anti-broadband bill written by the same telecommunications companies that donated more than $7,200 to her political campaign.

Howard was being interviewed by WNCN-TV in Raleigh about her strong support for legislation that would likely end community-owned broadband in one of America’s least-wired states.  The reporter asked Howard to explain her support for H.129, the so-called “Level Playing Field” bill that has received a considerable push from the state’s largest telecommunications companies, including Time Warner Cable, AT&T, and CenturyLink.

At first, Howard tried to defend her support for the bill, despite claims from the watchdog group Democracy North Carolina that the legislation raises ethical questions about the influence of money in state politics.

“I don’t care what they say. That’s not who I am,” she said. “As long as I’m here, I’m going to do what I feel like is right for the people of the state.”

But moments after being confronted with the fact she has received considerable financial support from all three companies, Howard demanded the reporter turn the cameras off.

“I wish you’d turn the camera off now because I am going to get up and leave if you don’t,” Howard told the reporter.

Bob Hall, director of Democracy North Carolina called the bill a classic example of “pay to play” politics — where large companies pay to get legislation favoring their businesses before the state legislature.

“The relationships that are built because of money that’s given, that then warps the whole discussion,” Hall said.

Howard chairs the Finance Committee that will hear the bill tomorrow morning after a week’s delay.  Surprise amendments that would help hold existing networks exempt from the onerous provisions of the legislation and an easing of the bill’s requirements for unserved areas upset cable industry lobbyists.  In the interim, a growing number of media reports have called attention to the corporate contributions that seem to be helping drive the bill forward.

“There are a handful of politicians in the legislature that are either on the take or wear blinders when it comes to the real interests of voters like myself,” writes Raleigh resident Susan, who follows Stop the Cap! “Watching Julia Howard squirm in her chair when being asked pointed questions serves her right.”

Susan, who notified us of tonight’s news report, doesn’t believe for a moment Howard’s “feigned shock” over questions being asked by the reporter.

“Anyone pushing H.129 is a shill for Time Warner Cable, because there is not one single part of this bill that brings one new Internet connection, it just guarantees we will all pay higher rates so the cable company can donate more money to Howard’s campaign.”

Stop the Cap! continues to recommend North Carolina residents contact members of the Finance Committee and tell them to vote NO on H.129.  Tell Rep. Howard and others it is not too late to do the right thing and withdraw this bill from further consideration.  Explain to her that if her word is her bond, she can prove her honorable intentions by asking Rep. Avila to pull the bill because it is a mistake and won’t bring better broadband to anyone.  We want Rep. Howard to retain the goodwill of the people of North Carolina, but that becomes increasingly difficult if she can’t even defend what she is doing to a reporter asking if there is a connection between her support and the thousands of dollars of campaign contributions she has received from the industry that wrote the bill.

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WNCN-TV caught Rep. Julia Howard off guard when she was confronted with thousands of dollars in campaign contributions from large telecommunications companies and asked if this played a role in her support for their custom-written proposal to abolish community-owned networks in the state.  (2 minutes)

Finance Committee Members

(click each name for contact information)

Senior Chairman	Rep. Howard
Chairman	Rep. Folwell
Chairman	Rep. Setzer
Chairman	Rep. Starnes
Vice Chairman	Rep. Lewis
Vice Chairman	Rep. McComas
Vice Chairman	Rep. Wainwright
Members	Rep. K. Alexander, Rep. Brandon, Rep. Brawley, Rep. Carney, Rep. Collins, Rep. Cotham, Rep. Faison, Rep. Gibson, Rep. Hackney, Rep. Hall, Rep. Hill, Rep. Jordan, Rep. Luebke, Rep. McCormick, Rep. McGee, Rep. Moffitt, Rep. T. Moore, Rep. Rhyne, Rep. Ross, Rep. Samuelson, Rep. Stam, Rep. Stone, Rep. H. Warren, Rep. Weiss, Rep. Womble

Good news to report for North Carolina consumers.  With a coordinated pro-consumer pushback, we’re achieving some victories in the battle to stop big cable and phone companies from pushing community broadband networks out of the state.  Since Rep. Marilyn Avila (R-Time Warner Cable) was not amenable to withdrawing the bill cable lobbyists authored, your appeals to members of the Finance Committee made a major difference: winning exemptions for the state’s existing community networks and redefining an under-served area to any community where 50 percent of households cannot obtain high-speed broadband service.

North Carolina’s local media is becoming increasingly aware of H.129 for the first time, and so are many consumers — outraged over reports state government is spending its valuable time working on the cable industry’s wishlist.

Today was a very important victory and we are glad to have done our part to win it, but this battle is by no means over.  We fully expect Time Warner trickery — their lobbyists will be back next week to try and undo what we have accomplished together.

We’ve been here before.  A de-fanged bill is okay, but a bill voted down altogether is better.

Please thank Chairman Mitchell S. Setzer for his call for a recorded vote, which helped us track who represents consumers and who fights for the cable company’s agenda.

We’d also like to thank Rep. K. Alexander, Rep. Faison, Rep. Luebke, Rep. Ross, Rep. H. Warren, and Rep. Womble for their strong support for better broadband in North Carolina.  There will be more to thank along the way, but this is a good start.

We are continuing the consumer fight to see H.129 shot down as the travesty it represents.  This proposed legislation does not deliver a single new broadband connection, improve ones that already exist, or deliver lower prices to anyone.

Citizens in Raleigh are making their feelings known on WRAL-TV’s website:

“NC should be encouraging and assisting rural cities and towns looking at doing this, not putting up obstacles. But I’m sure the Time Warner, Comcast and AT&T lobbyists have deep pockets full of excellent graft.”

“This all comes down to the city of Wilson. They offered every telecom and cable provider to provide 100Mbps internet access to 100% of the people in the city if they want it at a rate of $50/month (I think that was the amount). Every single private company laughed and said it was not profitable and they would take the contract. So, the City of Wilson took it upon themselves to provide the product the city wanted. Now, all of the companies are whining? Provide what the City of Wilson did at the price they did and there would be no problem. Don’t blame this on taxes. The simple issue is that TWC, Charter, and you name it want to make 100-200% profit and offer substandard high speed internet. “

“Come on NC. Reject the Bill and approve an order to allow cities to provide this technology if the monopolistic companies will not. Get them out of our state.”

“Frankly, if it were to mean that I could dump Time Warner Cable and their cra**y service and their “Oh we’re raising our rates again due to the Sun coming up 5 minutes late” attitude, I would be elated!”

“When will it ever be enough for the cable and phone companies? Their lines and equipment have been in place for YEARS and what do we get….rate increases every year, outages, lines cut, spotty internet service. It’s high time they have some competition. If they can afford to give new customers discounts for 12 months, why not keep the prices at that level with only moderate increase over time and then KEEP MORE customers in the fold? Just a thought!”

“The internet service offered by Wilson ROCKS. Twice the speed at half the price of TWC. No wonder they’re trying to block this from happening.”

The people are speaking, and they do not want state legislators moonlighting for the interests of cable and phone companies.  Remind your legislators you want more choice, not less.  Tell them to oppose H.129 and ask Rep. Avila to withdraw her bill.

Rep. Marilyn Avila (R-Time Warner Cable) at today’s House Finance Committee Meeting (1 Hour, 13 minutes)

Time Warner Cable’s new free iPad application, giving authenticated cable customers a selection of live cable channels to watch on the portable device, crashed under heavy demand last evening, hours after the company unveiled it in a mass e-mail campaign to customers.

Time Warner Cable TV for iPad is Time Warner’s first serious effort at delivering a cable TV experience to an online audience, initially streaming 31 cable channels in HD to customers who pay for both cable television and broadband from the company.

Several of the featured networks were part of earlier contract battles with the cable company. Scripps-Howard’s Food Network and HGTV are there, as is Fox’s FX and Fox News.  Some smaller “less-connected” networks like Hallmark Channel also made the cut.  Comcast-NBC’s networks also have a prominent place, including Bravo and CNBC.  All four major cable news channels are included.  Time Warner has been making a point to negotiate for on-demand and streaming rights with cable networks as part of contract negotiations.

Channel Lineup

A&E ABC Family AMC Animal Planet BET Bravo CMT CNBC CNN Comedy Central Discovery

Disney Channel E! Food Network Fox News FX Galavision Hallmark Channel HGTV History HLN Lifetime Movie Network

MSNBC MTV HD National Geographic Nick Spike SyFy TLC Travel Channel USA VH1

Requirements

• iPad™ with iOS 4.
• Time Warner Cable video package at the Standard (Expanded Basic) level or higher.
• Time Warner Cable Internet Service (Road Runner^® Standard or higher recommended for best experience. EarthLink^® High Speed or EarthLink^® Cable Max is also supported).

[flv width=”416″ height=”254″]http://www.phillipdampier.com/video/TV for iPad Time Warner Cable Ad.flv[/flv]

Time Warner Cable advertises its new iPad app for online viewing.  (15 seconds)

Plenty of channels are missing though, including local broadcasters, Turner Broadcasting-owned networks like TNT and Turner Classic Movies, and sports networks.

But the most obvious limitation is that the service only works from inside of your own home, over a Time Warner Wi-Fi broadband connection.  You cannot take your viewing on-the-go.  This limitation seemed curious, considering other companies provide similar online viewing apps that can be used anywhere a wireless connection exists. 

Despite the limits, AdWeek reports several unnamed cable networks fired off warning shots yesterday to Time Warner Cable executives warning them they were streaming networks without permission.

Network legal reps are issuing a flock of heated missives to the nation’s No. 2 cable operator, calling for an immediate halt to a new service that allows subscribers to stream video content to iPads and other tablet devices. Although Time Warner Cable introduced the free app just 24 hours ago, a number of cable network groups have already made it abundantly clear that they had not signed off on any such distribution arrangement.

[…] “Distribution via any sort of third-party app is not addressed in our carriage deals with Time Warner Cable or any other operator,” said one affiliate chief. “There is going to be a messy dissection of what the rights are, but our position is that [this sort of distribution] is not authorized by our affiliate agreements.”

TWC CEO Glenn Britt has cautiously navigated the syntactic rapids, offering carefully worded assessments about the nature of the service. “Certainly all the business structures with the owners of copyrights are not fully in place, but you can begin to see a very exciting future for this set of industries and for the American consumer,” Britt said last August, after announcing plans to bow the iPad app. “There is great potential in all these devices…But it’s also a complicated process.”

Cable networks are concerned viewers who are not authenticated cable subscribers could get free access to programming from account sharing.  But considering Time Warner Cable has locked down viewing to inside the home for the time being, it is unlikely Time Warner Cable faces the same degree of wrath that could be heaped on Comcast and satellite dish TV providers who deliver apps that permit anywhere-viewing.

The cable company’s heavy promotion of the newly-available app in mass e-mail announcements was probably a mistake, however.  The online viewing party came to a rapid end last night when the company’s servers, unprepared for the demand, ended up turning away many would-be viewers.

Jeff Simmermon, director of digital communications for the cable company, said they did not anticipate the level of demand they got last night.

“At about 8 o’clock last night the app crashed under a much heavier load than we anticipated. Our engineering team is working as hard as they can to put a fix in place and get everything up and running as soon as they can,” Simmermon wrote on Time Warner’s blog.

“For the time being, the app is running with only 15 channels. We have found that by temporarily reducing the number of available channels, we can ease strain on the authentication process. This will enable us to offer at least some sort of an experience to our customers while we get a fix in place. We’ll add the other 17 channels back in as soon as we can fix the underlying issue, and we’ll be adding more channels in future iterations of the app as well.”

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/BTIG Time Warner Cable iPad App.flv[/flv]

Rich Greenfield demonstrates Time Warner’s new iPad app.  (3 minutes)