We are getting the message out about what will occur Wednesday here in North Carolina and you all are doing a great job writing and calling legislators to let them know not to support a Moratorium on Municipal Broadband Deployment.  But, we need to show up with an army of folks this Wednesday morning to show them we are involved and watching their every move.

Please try to be at the Legislative Office Building, Room 544, 300 North Salisbury Street in Raleigh this Wednesday at 9:30am.

In the original action alert we told you what was at stake.  I wanted to add some information I did not have at the time that makes this all the more interesting.

First, Sen. Daniel Clodfelter (D-Mecklenburg County), who is a co-chair of the Committee is pushing this moratorium because, we are told, he believes that municipal broadband hurts the private sector and will negatively impact state tax revenue.

This is false.

For one, as far as we can tell, a corporation’s tax payments to the state are not a part of the public record, so exactly how Clodfelter does the math escapes us.

What is known is that broadband is a job stimulator, and considering North Carolina’s current broadband ranking is 41st out of 50 states, there is nowhere to go but up.  When businesses consider opening offices or facilities in a state, broadband can be an important deciding factor.  When companies like Time Warner Cable refuse to upgrade their broadband service, few digital businesses are going to consider making North Carolina their new home.

Clodfelter has enjoyed some non-broadband-related growth in his district — namely the brand spanking new $29 million Time Warner Cable headquarters office just constructed in Charlotte, Mecklenburg County.  Ironically, the same company that doesn’t want public dollars going to their potential competitors has no problem taking dollars themselves — the expansion in Charlotte was made possible in part by a Job Development Investment Grant from the State of North Carolina.  Job growth for Time Warner Cable?  Sure.  Job growth for companies that want better broadband?  Not so much.

Time Warner Cable's new $29 million dollar complex in Charlotte was made possible in part by a Job Development Investment Grant from the state government.

Next, Committee member Rep. Pryor Gibson (D-Anson, Union Counties) is, as we pointed out in the last action alert, a Time Warner Cable Contractor — and that was an understatement.  We made a Freedom of Information Act request to obtain additional information about Rep. Gibson’s interests outside his legislative duties.  According to his 2008 Statement of Economic Interest, under Job Title/Employer, Gibson prioritizes:

1. Manager, Time Warner Cable Construction
2. Legislator, NC General Assembly
3. self-employed, builder.

Gibson lists his job titles starting with "Time Warner Cable Contractor" in this Statement of Economic Interest obtained through a Freedom of Information Request (click to see the entire document - PDF)

Yes, he lists his Time Warner Cable job before legislator.  I guess we know whose interests he represents first.

Today, I am filing a complaint with the North Carolina Ethics Commission requesting that Gibson be forced to recuse himself from conversations about cable/telecommunications and that he abstain from any votes on these matters as a direct conflict of interest.  I also have a call into Speaker Joe Hackney’s office to request that he inquire about this issue as well.

It has been two months since the groundswell of support for Google’s Fiber Optic “Think Big With a Gig” Project became the issue for some 1,100 communities across our country, all jockeying to win the search engine giant’s favor.  We need to understand what this proposed moratorium really means for the state of North Carolina.

There was no shortage of applicants in this state, all clamoring for economic boosting, job growing, innovative super fast broadband.  Greensboro, Asheville, Durham and Wilmington were all represented, fully backed by local government officials.  What do 1,100 communities know that Clodfelter doesn’t?  That high speed broadband is America’s next great game-changing infrastructure project, as important as the canal system, railroads, highways, and airports were to past generations.  It’s no surprise those with vested interests in keeping things exactly as they are would fight to stop such projects.  But our legislators should not be enabling them.

What does it mean to Google, when sifting through the thousand plus applications, to find North Carolina’s legislature throwing up hostile opposition to expansive broadband projects?  Google is not going to get into the Internet Service Provider business.  Sooner or later, Google could easily turn such demonstration projects over to a local municipality once the search engine’s public policy agenda is fulfilled.  If this moratorium passes, they can’t do that.  But nothing prohibits them from selling it off to an incumbent provider like Time Warner Cable or CenturyLink.  Both would be more than happy to accept it I’m sure, all while maintaining today’s current high prices made possible from the ongoing broadband duopoly. Then again, seeing how North Carolina seeks to clamp down on broadband innovation, Google may just decide to look elsewhere.

Keep up the good work fighting for better broadband.  Continue writing and calling legislators on the issue and please be there Wednesday to let them know we are watching and that we will hold them to a higher standard then some of them hold themselves.  Be sure to report back what you are hearing in response, and please thank and support those that choose to reject this legislation.

Here again is the information for the membership of The Joint Revenue Laws Study Committee, so get on the phones and write those e-mails!:

(Please send individual messages to members, even if the contents are essentially the same — avoid simply CC’ing a single message to every representative.)

• Sen. Daniel Gray Clodfelter (Co-Chair) Mecklenberg [email protected] (919) 715-8331 Democrat (704) 331-1041 Attorney
• Sen. Daniel T. Blue, Jr. Wake [email protected] (919) 733-5752 Democrat (919) 833-1931 Attorney
• Sen. Peter Samuel Brunstetter Forsyth [email protected] (919) 733-7850 Republican (336) 747-6604 Attorney
• Sen. Fletcher Lee Hartsell, Jr. Cabarrus, Iredell [email protected] (919) 733-7223 Republican (704) 786-5161 Attorney
• Sen. David W. Hoyle Gaston [email protected] (919) 733-5734 Democrat (704) 867-0822 Real Estate Developer/Investor
• Sen. Samuel Clark Jenkins Edgecomb, Martin, Pitt [email protected] (919) 715-3040 Democrat (252) 823-7029 W.S. Clark Farms
• Sen. Josh Stein Wake [email protected] (919)715-6400 Democrat (919)715-6400 Lawyer
• Sen. Jerry W. Tillman Montgomery, Randolph [email protected] (919) 733-5870 Republican (336) 431-5325 Ret’d school teacher
• Rep. Paul Luebke (Co-Chair) Durham [email protected] 919-733-7663 Democrat 919-286-0269 College Teacher
• Rep. Harold J. Brubaker Randolph [email protected] 919-715-4946 Republican 336-629-5128 Real Estate Appraiser
• Rep. Becky Carney Mecklenberg [email protected] 919-733-5827 Democrat 919-733-5827 Homemaker
• Rep. Pryor Allan Gibson, III Anson, Union [email protected] 919-715-3007 Democrat 704-694-5957 Builder/TWC contractor
• Rep. Dewey Lewis Hill Brunswick, Columbus [email protected] 919-733-5830 Democrat 910-642-6044 Business Exec (Navy)
• Rep. Julia Craven Howard Davie, Iredell [email protected] 919-733-5904 Republican 336-751-3538 Appraiser, Realtor
• Rep. Daniel Francis McComas New Hanover [email protected] 919-733-5786 Republican 910-343-8372 Business Executive
• Rep. William C. McGee Forsyth [email protected] 919-733-5747 Republican 336-766-4481 Retired (Army)
• Rep. William L. Wainwright Craven, Lenoir [email protected] 919-733-5995 Democrat 252-447-7379 Presiding Elder
• Rep. Jennifer Weiss Wake [email protected] 919-715-3010 Democrat 919-715-3010 Lawyer-Mom

Time Warner Cable chief operating officer Landel Hobbs told investors at a recent conference Time Warner Cable can increase broadband prices whenever they want, and the company is following through with another $4 monthly rate increase for customers in select cities with standalone broadband service.

A Stop the Cap! reader in Lewisville, Texas shared the news straight from his mailbox:

We hope you are enjoying your Road Runner High Speed Online service with blazing-fast speeds from Time Warner Cable.  Effective with your April statement, your monthly rate for standalone Road Runner High Speed Online service will increase by $4.

Time Warner Cable offers to waive the increase if customers sign up for one of their bundled service packages.  For residents of Lewisville, northwest of Dallas, Time Warner suggests the Surf ‘N View Package with Digital Cable.  Signing up for that will increase your bill even further, but the company is offering a 12-month promotional rate to standalone service customers, charging $79.99 a month for both cable television and 7Mbps broadband service.

The rate increase is not limited to customers in Texas.  Customers in California are also being notified of upcoming rate increases.

Some half million Time Warner Cable customers in the Los Angeles area can expect rate increases averaging 4.5 percent.  Most of those customers are in the San Fernando Valley, according to a Time Warner Cable spokesman.

Los Angeles Times‘ columnist David Lazarus was unimpressed with yet another rate increase from the company.

There’s definitely an art to informing customers that you’re about to smack them upside the head.

About 500,000 Time Warner Cable customers in Southern California probably knew they were in for trouble when they received a letter the other day that began:

“At Time Warner Cable, we strive to bring you the best products and services available.”

Does a sentence like that ever signal anything except bad news?

Time Warner takes two full paragraphs to clear its corporate throat before it finally gets to the point:

“We are making some adjustments effective with your next billing statement. Certain services, packages and equipment prices will change.”

Even then, the company can’t quite bring itself to clearly state that prices are going up again. The letter refers only to “price adjustments,” and nowhere does it say that your cable bill is about to get more expensive.

You have to make your way to the back page of an enclosed pamphlet to finally learn that the cost of the typical cable package is rising by as much as $3.04 a month.

That’s a more than 4% increase, or nearly twice the inflation rate last year.

Phillip "My Essay Would Never Get Accepted" Dampier

Wonder where Time Warner Cable is spending this year’s rate increase?  Look no further than Time Warner Cable’s all-new Research Program on Digital Communications.

For a 25-35 page essay on the topics that interest Time Warner Cable’s lobbying and Re-education campaigns, the cable operator will fork over a whopping $20,000 “stipend.”

Why?  They get to use an ostensibly “independent” researcher from a major university or non-profit group to promote their agenda with the veneer of credibility.  It’s not Time Warner Cable that suggests Internet Overcharging schemes are warranted — it’s this researcher guy from a respected university who said so.  Net Neutrality should be opposed not because we have a vested interest in doing so, but because this non-profit group catering to a minority or disadvantaged group says it will harm their members.

Copies of the “dollar-a-holler” essays get spread around Washington to influence public policymakers and other legislative movers and shakers, and inevitably become talking points in the public policy debate.  Long forgotten is who paid for them.

What kinds of questions does Time Warner Cable want answers to?

• How are broadband operators coping with the explosive growth in Internet traffic? Will proposed limits on network management practices impede innovation and threaten to undermine consumers’ enjoyment of the Internet?
• How can policymakers harmonize the objectives of preventing anticompetitive tactics and preserving flexibility to engage in beneficial forms of network management?
• Regarding these issues, describe a vision for the architecture of cable broadband networks that promotes and advances innovation for the future of digital communications.
• How might Internet regulations have an impact on underserved or disadvantaged populations?

See below for my exclusive tips and strategies to help would-be applicants succeed in getting their essay proposals approved!

Some companies have paid stipends to researchers to consider market trends, new product possibilities, and be on top of the next biggest thing.  This isn’t that.

This “research program” is being overseen by Fernando R. Laguarda, Vice President, External Affairs and Policy Counselor at Time Warner Cable.  Laguarda joined Time Warner Cable last April from Wiltshire & Grannis LLP, a boutique law firm involved in telecommunications policy strategies as part of its practice.  The firm describes, among its strengths, a “first-rate understanding of the law and policy with a keen understanding of the political and public relations forces that shape public policy battles to help fashion innovative, winning strategies.”

Time Warner Cable admits he’s there to help Time Warner re-educate lawmakers and the public about Time Warner Cable’s agenda.  From their press release announcing his hiring (underlined emphasis ours):

Laguarda will play a significant role in helping the company develop and advance its policy positions, and will assume primary responsibility for working with third party policy influencers, including think tanks, academics, public interest and inter-governmental groups, and diversity organizations.

“Fernando is an accomplished attorney who comes to Time Warner Cable with a unique mix of experiences and he will bring a fresh perspective to the many policy issues we will be addressing,” said Steven Teplitz, Senior Vice President, Government Relations, adding “he knows our business extremely well and will play an essential role in helping to advance Time Warner Cable’s advocacy agenda.”

Time Warner Cable is taking a page from Verizon and AT&T, who back research “think tanks” and have contributed heavily to organizations that suddenly declare a burning interest in their corporate policy agendas.  Take a look at Broadband for America’s member roster for a review of how that game is played.

Time Warner Cable customers are probably wondering why they are paying for this.  After all, $800 a page for essays that “will provide new information, insights, and practical advice” is mighty pricey.

Ordinary consumers are not invited to apply.  Had we, my essay proposal would have been, “Time Warner Cable Should Stop Wasting Customers’ Money on Bought-And-Paid-For Essays and Instead Use the Money to Upgrade Their Network.”  I was even planning on including some nice graphs and charts and stuff.

I would remind the nation’s second largest cable operator it earns billions from selling broadband.  Instead of blowing $20k-an-essay down a Washington public policy rathole, it could instead spend it on solving their burning network management issues with simple, cost-effective upgrades that deliver better service to customers.

Since I don’t qualify — I’m just a Time Warner Cable customer, what do I know, I’ll be a giver and not a taker and share free advice with would-be applicants.

1. Since Time Warner Cable doesn’t want a breakdown of your expenses or need to know what you are going to do with the $20k, you are going to spend most of your time and effort first learning what policy positions the cable company wants you to parrot in order to improve your chances of being a big winner.  Remember, Time Warner isn’t going to give you the whole 20k upfront.  According to their FAQ, one half of the award ($10,000) will be issued at the start of the project.  The second installment ($10,000) will be made only after your advocacy essay is delivered.  There’s a built-in incentive to tow the line.

2. You can’t write on just any topic.  You have to write about one of the company’s pre-selected topics, which is why I’m out of the running for this already.  If you’ve been paying attention to the policy debates about Internet Overcharging, Net Neutrality, and Network Management, you are already half-way there!  You know what side of the issue the cable company is on, so don’t blow your chances by saying things like “a free and open Internet should never discriminate against the traffic carried on it,” or “at a time when the broadband industry earns billions in revenue and recently increased rates for customers again, the idea of implementing usage limits or usage based billing would make Tony Soprano awe at its audaciousness.”

Polly wants a stipend

(Statements in green keep you in the running.  Statements in red will likely get your proposal introduced to the circular file.)

• Reputable equipment manufacturers predict Internet growth so great, it threatens a vast “exaflood” which could bring the Internet to its knees.  Without wise network management and traffic control measures, just like those used on any big roadway, a cataclysmic global traffic jam is inevitable.
• Network Neutrality should be a given for any provider because no company wants to make money by slowing down someone’s content.  That would be like extortion — pay us or we put the brakes on you.
• Network management techniques guarantee your call from grandma will be crystal-clear, your movie download from your cable-partnered movie service will always play worry-free, and by organizing online traffic, Internet chaos is reduced.
• There is nothing wrong with cable companies colluding with one another to preserve the industry’s flexibility to manage its own traffic, even if it means putting some questionable, independently-owned traffic at the back of the line.  Nobody wanted to view that anyway.
  
• Today’s cable broadband provider is investing billions of dollars to improve network capacity and deliver customers an unparalleled online experience.  The cable industry has pioneered innovation in cable network programming they own, operate and distribute to assure quality and excellence.  Now, by taking that same formula for success to online content, and cutting out unnecessary middlemen, the industry can do for broadband what it created for cable television.  Now that’s a win-win for everyone!
• Internet regulations have unintended consequences.  It means providers have to funnel large contributions to interest groups, or place a company employee on a group’s advisory board, so that the industry can rest assured that groups with an interest in maintaining valued contributions will advocate anything we ask, starting with “these regulations are bad for our groups and our members.”
• Unnecessary Internet regulations will create widespread depression and anxiety for investors.  That means money to expand broadband availability in underserved or unserved communities will dry up faster than the Mojave Desert.
• If the cable industry doesn’t get its way on this, it will punish consumers like the credit card industry did after “credit card reform.”  Word to the wise.

Some communities are luckier than others.  When your cable company boosts rates, some consumers have another provider available, letting them take their business elsewhere.  That’s especially true if there is another provider in town that doesn’t require you to attach a satellite dish to your roof.

For those who have no other alternative, it’s time for the family meeting to discuss what action, if any, will be taken to deal with a bill that relentlessly increases year after year.  The solutions usually come down to “grin and bear it” when paying the higher price, start dropping channels, or go cold turkey and get rid of cable altogether.

In economically troubled western New York, just accepting a higher bill isn’t always an option.  For residents of Buffalo, many have the choice of switching from Time Warner Cable to Verizon FiOS.  Many Queen City residents have threatened to do just that, often extracting concessions from Time Warner Cable when they call to cancel.

Stop the Cap! reader Marion, who lives in Amherst, wrote she was outraged to receive word of yet another rate hike from Time Warner Cable.

“Our family had been pestered by Verizon ever since FiOS came around our area, but having the phone company tear up your house to rewire everything and change your e-mail address was a real hassle, so we just kept Time Warner,” she writes.  “I’m fed up paying for all these filthy channels I never watch and I frankly can’t afford to keep paying them more and more every year whenever they have one of their programmer disputes.”

Marion called to cancel service and was transferred to a “retention specialist” who is trained to rescue departing customers before they cut the cord or show up at the cable office with their set top boxes in hand, waiting to turn them in.

“They always want to argue what a great value they are and how messy and time-consuming FiOS is to install, and you have to pay extra for HD channels I’m too old to appreciate anyway, but I just kept saying ‘cancel’ and said the only thing I cared about was the price,” Marion adds. “In the end they offered to cut the bill twenty dollars a month and give me a discount only new customers would get if I agreed to stay with a term plan.  I decided I would, for now.  I’m on a fixed income and with no Social Security increase this year, the price is very important to me.”

Alan Pergament is the TV Critic for the Buffalo News

Time Warner Cable is well aware when customers leave.  The company’s “churn” rate, measuring departing customers, has been on the increase in highly competitive service areas.  Consumers have learned to use new customer promotional offers from the competition against their current provider, threatening to cancel if they refuse to match them.  The costs of getting those customers back can be higher than just handing over a temporary discount, so many providers relent and give customers the lower price they want.

In Buffalo, convincing customers the local cable company is a better value and offers better service than the fiber-based FiOS competition might keep customers from thinking about switching in the first place.  That’s the idea, anyway.

The Buffalo News Tuesday published an interview with Time Warner’s Jeff Unaitis on the recently-announced rate hike and what changes the company is making to try and hold onto their customers.

Unaitis started with a range of new and upcoming improvements the cable operator is planning to make across upstate New York:

• The 24-hour news channel YNN —or Your News Now—will be the title of all TWC news channels across the state shortly to give it a “seamless news presence across the state.”

“You are beginning to see more shared coverage across the state,” said Unaitis.

Additionally, viewers in Western New York will get an upconverted HD version of YNN on Channel 709 by April or so. In other words, it isn’t shot in HD but it is HD quality. It already has been done on TWC’s news channel in Syracuse. “The reality is when you are accustomed to see HD content going back to something that is standard digital, let alone analog, is more difficult viewing,” Unaitis said.

• A new interactive, user-friendly, online programming guide will be available soon. One bonus: It will be easier to order On Demand titles.

In the next few months, the satellite feature celebrated in the ads with “Pysch” star Dule Hill that allows subscribers to program their DVRs remotely while they are away from home will soon be available to TWC subscribers with this guide.

• TWC is looking at the possibility of expanding “significantly more” HD channels that the public has requested. BBCAmerica, Lifetime and all the Viacom channels (VH1, MTV, Comedy Central and Nickelodeon among them) are among the most requested. “Some of them are contingent on carriage deals,” said Unaitis. “Others we do have the rights to carry, we just haven’t done the engineering required to have them yet.”

• The popular Start Over feature — which is up to 90 channels here and allows viewers to start shows from the beginning during the time window it airs — will be augmented some time this year by a new “Look Back” feature. “Look Back” enables viewers to watch shows for up to 72 hours after they air rather than just the window in which they air.

Unaitis added that viewers may not realize that the Free on HD Demand channel offers subscribers many of the same programs that are available on Prime Time On Demand, but in HD.

YNN provides 24/7 local news coverage on individual channels in Buffalo, Rochester, Syracuse, and Albany

The newspaper’s TV critic, Alan Pergament, noted the service changes, but immediately pelted Unaitis with the concerns local residents actually have about their Time Warner Cable service.  To save time, and because of complaints I’ve had about my verbosity, I’ve boiled it all down for you:

Q. Why isn’t Time Warner Sports-Net, the local sports channel, in HD?

A. Because it costs too much, but Unaitis claimed the channel will be upconverted to HD, which will “give it an HD-quality signal.”  Not really.

Q. Buffalo gets Canadian networks from Toronto-area stations on their lineup.  Why aren’t they available in HD?

A. Who knows.

Q. Why can’t people pay for only the channels they want?

A. Because programmers won’t allow it, and the cable company would end up charging you the same price you pay for 75 channels today that you’ll pay for 20 channels tomorrow. Plus, you’ll need a box on every TV in the house and that also increases your bill.

Q. How much do western New Yorker’s pay for YNN?

A. None of your business.

Q. How many subscribers does Time Warner Cable have in western New York?

A. None of your business.

Q. Why do those in western NY pay a higher price for cable service than elsewhere?

A. Unaitis didn’t know if that was true or not, but then explained it was because of the weather, labor costs, high state taxes and the difficulty building and maintaining the cable lines.

Okay, then.

Time Warner Cable changed their billing system for San Antonio residents late last year, and some customers using automatic bill payment services forgot to update their bank with their new Time Warner account number.  The result?  Missing payments and past due notices.

The decision to issue new account numbers has caused delays in posting payments made under the old number, and some consumers are concerned about late fees and payments not posting to their accounts.

Company officials recommend customers double check their online bill payment services to make sure they reflect the new account number.  Time Warner promises to work with customers who are experiencing problems as a result of the billing system change.  Customers in San Antonio can call (210) 244-0500 or check their website for directions on how to correctly make payments on your account.  If you are billed any late charges, ask the company to waive them.

[flv]http://www.phillipdampier.com/video/WOAI San Antonio Time Warner Billing Glitch 1-31-2010.flv[/flv]

WOAI-TV in San Antonio ran this story about customers running into the “missing payment” problem with Time Warner Cable. (1 minute)