A $500 million New York State broadband improvement fund is effectively off-limits for would-be community-owned broadband networks trying to deliver broadband service in areas for-profit providers have deemed unprofitable.

New York Gov. Andrew Cuomo’s ambitious plan to revolutionize Internet access for New Yorkers depends almost exclusively on for-profit providers and the state’s largest cable operator, Time Warner Cable – the company that has so far received the largest share of state funds earmarked for better broadband.

Cuomo wants all of New York wired for 100Mbps service no later than 2018. His goal is ambitious because the overwhelming majority of upstate New York barely now receives a maximum of 50Mbps from Time Warner Cable, the only significant cable operator in the region.

The broadband map from N.Y. State shows 100Mbps service is available only from Verizon FiOS, Cablevision, and a handful of municipal/co-op operators. Time Warner Cable only provides a maximum of 50Mbps service across upstate New York. Cablevision and FiOS compete on Long Island, Time Warner Cable Maxx competes with Verizon in New York City, and most of upstate New York is served by Verizon or Frontier DSL competing with Time Warner Cable.

Six months after the program was announced, Capital magazine reports the “New NY Broadband” plan is languishing with no defined guidelines, rules, or any clear sense about how the program will be implemented and the money spent.

Salway

In fact, one of the only clear statements coming from David Salway, a former telecommunications consultant who now administers the program, is that local governments should not bother applying because he doesn’t want them competing with Time Warner Cable, Verizon, and Frontier. It’s private enterprise only:

“The primary focus of our program is that we’re not going to be in the building business,” Salway said. He emphasized that municipal governments won’t be specifically precluded from receiving funds under the program, but said that the state is “wary” of “the government building and competing with the private sector. We see this as a provider partnership process where an incumbent provider or maybe a new entrant comes in.”

Local government leaders can read between the lines and most will not bother applying for funding if Salway’s vision guides the grant-making process. Instead, Salway wants to funnel money that effectively belongs to New York taxpayers into the pockets of for-profit providers like Verizon, Frontier, Windstream, Time Warner Cable and other providers that have consistently refused to expand their networks into rural areas on their own dime. The money earmarked for broadband is part of a $6 billion legal settlement the New York Attorney General’s office negotiated with Wall Street and commercial banks that helped plunge the country into The Great Recession.

Broadband advocates across the political spectrum are slamming the broadband program for different reasons. Christopher Mitchell from the Institute for Local Self Reliance predicts providers will deliver bait and switch broadband on the taxpayer’s dime and send the proceeds out of the area.

“When you subsidize the private sector, you don’t really know what kind of services they’re going to provide in the future,” Mitchell said. “There’s a fair number that basically rip off consumers,” and they “basically extract resources from the community they serve.”

Mitchell

“The only clear beneficiaries of this program will be cable and Internet providers, who will have a new state subsidy to expand their footprints into areas in which their competitors have demonstrated an inability to operate profitably,” said Ken Girardin of the conservative Empire Center for Public Policy, in a scathing review of the New NY plan.

So far, Verizon has shown no interest in the program. It’s eventual intent is to decommission rural landline service and push existing customers to wireless service, so applying for wired broadband expansion funding isn’t a priority. The most likely applicants include Windstream, which serves a small percentage of rural New York telephone exchanges, Frontier Communications, which dominates Rochester and parts of the Finger Lakes region, and Time Warner Cable, which used earlier funding to connect two rural communities to its cable service. But all three companies are waiting for the program and its grant terms to be better defined.

With incumbent cable and phone companies reluctant to take part, there are several wired and wireless broadband initiatives in rural areas around New York starved of resources to expand their networks. The “white space” wireless broadband project in Thurman, for example, will be seeking funding to expand its wireless high-speed network into other parts of the community. Other initiatives could allow existing middle mile fiber networks in the Southern Tier and Finger Lakes region to explore building out “last mile” service to homes and businesses that now receive only DSL or no Internet access at all.

Salway promises he’ll consider funding networks that deliver the best broadband speeds for the lowest relative price in similarly sized communities. But all the money in the world won’t help if an existing phone or cable company shows no interest in serving unprofitable rural areas even after the state defrays the initial cost of placing the infrastructure to provide the service.

Mitchell believes local communities are best positioned to know what their residents want and many support publicly funded fiber technology rollouts. He points to Longmont, Col., a community that fought off propaganda mailers and a $300,000 marketing effort by CenturyLink and Comcast to defeat public fiber broadband in the city. The residents voted in favor of building their own network to move beyond the “good enough for you” broadband coming from the phone and cable company.

“The Longmonts of the country can decide to wait until these private sector companies decide its in their interest to finally build these fiber networks out, or they can say, ‘You know, we’re always going to be behind the greater technological curve of the nation,’ and do it themselves,” Tom Roiniotis, Longmont’s general manager, told Capital.

The national map of available white space channels show plenty are available in rural areas, but designing an urban network might prove challenging because open channels often just don’t exist. In a medium-sized city like Rochester, only 11 UHF channels are available, a number likely to dwindle to close to zero if the FCC successfully reallocates much of the UHF band to wireless providers like AT&T and Verizon.

A dozen homes in the middle of the Adirondacks now have access to Internet speeds far faster than what Verizon and Frontier DSL can deliver and without the usage caps or speed throttling common with satellite Internet access.

Thurman, N.Y.’s public-private “white space” wireless network survived months of political wrangling, debate, and even intentional signal interference created by someone intent on disrupting the project. For a community that some maps depict with zero residents, the 1,200 people of Thurman are now more known than ever, winning national attention for one of the first next generation rural wireless networks to use unused space on the UHF dial to provide Internet access.

A dozen homes are the first to receive the service, with nearly 80 more on the way during phase one of the project. A $200,000 New York state broadband grant helped get the project off the ground and defray the cost of equipment installed in each subscriber’s home. But the initial cost isn’t cheap, even with the grant. New customers pay an upfront equipment fee of $292 for a receiver that costs the project up to $600. The monthly service charge is $50. Despite the price, it’s worth it to a lot of subscribers.

“The white space service is truly amazing,” said John Schroeter of Kenyontown, noting he uses the Internet for genealogical research and relied on dial-up access for the last 15 years. “I can go from one web page to another without waiting forever.”

Schroeter told Denton Publications that web pages often failed to load with dial-up, even after hours of waiting. Now he can manage to complete days of research in about an hour, without having to drive 15 miles to the nearest Wi-Fi hotspot.

Despite the fact Verizon and Frontier Communications both run their own fiber cables on the same utility poles in the region, at least 75% of the 400 homes in Thurman have no access to broadband Internet, living out of reach of even basic DSL. Many end up in the parking lot of the town hall to use Wi-Fi. Others depend on prohibitively expensive satellite access. None of the existing options were ideal. Sheila Flanagan, proprietor of Nettle Meadow Farm complained it took her hours to prepare even a small number of shipping labels to send her cheese products across the country with UPS. Speeds were so slow, she was forced to drop Williams-Sonoma as a client.

The concept of white space wireless Internet access has already taken hold in Europe but has dragged in the United States as existing UHF television stations, wireless carriers, wireless microphone manufacturers and others who use the same frequencies white space data services also depend on defend their turf. Since white space services are unlicensed and intended for two-way communications, fears that Internet users would degrade wireless microphones or TV reception meant special care had to be taken to lower the potential for interference.

Since rural areas lack a crowded television dial, are often outside of the coverage areas of wireless carriers, and are unlikely to host many wireless mics, white space broadband would seem like the natural solution.

The project in Thurman faced a number of obstacles to overcome anyway. There were philosophical objections from tea party conservatives who objected to tax dollars paying for the “luxury” of Internet access when satellite service is available. Some residents wanted a fiber to the home solution, one that was likely financially out of reach for the small community. Still others wanted the money spent on a fiber link between the town and Time Warner Cable, that might then be enticed to wire homes in the rural community. In the end, the community decided to go ahead with an advanced wireless network, citing a number of factors familiar to many living in rural areas:

1. Since the town is located entirely within the Adirondack Park, there are prohibitions on placing communications towers on nearby peaks or other high spots that could spoil the view;
2. The heavily forested and mountainous area made a traditional Wireless ISP project difficult because those networks need line of sight communications. White space wireless signals easily penetrate through trees and can stay intact across hilly terrain;
3. Although not as bandwidth capable as fiber optics, white space networks are capable of delivering 10Mbps broadband per UHF channel. Most networks bond multiple UHF channels together to support even faster speeds and expand capacity;
4. The chances of creating interference for other spectrum users was low in Thurman, which is a four-hour drive from New York and far enough north of Albany to avoid interfering with signals from the state capital. Even wireless carriers hug their cell towers along I-87, a respectable distance away;
5. The network has redundant backhaul access to fiber from both Verizon and Frontier, neither of which show the slightest interest in expanding services into the community on their own;
6. The grant was limited in scope and white space broadband qualified so it proved the most economical choice for a community that was no stranger to fights over money, engaging in political battles over issues like the cost of building a salt shed and auditing the on-hand count of trash bags.

The Thurman white space broadband project hides base station antennas in the tree canopy.

Tests provided the project managers with an idea where to place needed wireless antennas, often hidden within tree canopies. But at least one disgruntled resident made a point of creating intentional interference on the channels the project managers were testing, committing a federal offense along the way. That was quickly overcome and the equipment has been placed and will soon be joined by installations in nearby neighborhoods, broadening the reach of the service.

Recent advancements in white space technology have also allowed speed and capacity to improve dramatically. Equipment now transmits its exact GPS-identified location to a national database which sends back an authorized list of “white space” channels each transmitter can use to provide the service. If a new licensed broadcaster takes to the airwaves, a database update will lock out that channel in the area, preventing interference.

Although exact speed data was not available at press time, Sally Feihel demonstrated she could successfully stream an episode of a classic Andy Griffith Show on her iPod at the same time a videoconference was underway and someone else was downloading a movie, all without skipping a beat. In fact, there is so much speed and capacity built into the system, its managers say speed throttles and usage caps are completely unnecessary.

Most users agreed the wireless network far outpaced satellite and DSL and some believed it was even faster than Time Warner Cable Internet access they experienced elsewhere. (Time Warner Cable doesn’t come near the community today.)

Constructing the network only took several months, but the politics that often surrounds public-private initiatives and the need for grant funding in income-challenged rural America can tie up projects much longer than that. The need for decent and affordable Internet access often will cross party lines, especially in rural communities.

New York’s state broadband expansion fund could help expand similar projects to other bypassed areas of the state. That investment may actually save taxpayers from paying high broadband bills indefinitely.

Residents are eagerly waiting for the next expansion to begin down Valley, Garnet Lake and Glen-Athol Roads. Moving beyond that may take more grant funding.

“White space is saving us $90 per month, and it’s far faster than satellite ever was,” another resident said.

[flv]http://www.phillipdampier.com/video/MetroFocus A New way to Bring Broadband to Rural Towns in Upstate New York 2014.mp4[/flv]

MetroFocus showed the initial planning and testing phases of Thurman’s new white space wireless network, including interviews with town officials and a tour of the community. (4:23)

[flv]http://www.phillipdampier.com/video/Dynamic Spectrum in Action How TV White Space Devices Work.mp4[/flv]

TV white space wireless broadband networks are designed to avoid interference with other licensed spectrum users. See how the technology works in this short video. (2:27)

Phillip “I Want My Money Back” Dampier

For months, Time Warner Cable has deployed its legal team to prevent public interest groups from gaining access to the company’s exhibit of rural broadband buildout plans it had for New York, sent confidentially to the Public Service Commission as part of its proposal to merge with Comcast.

“This information would be difficult and costly for a competitor to compile, such that disclosure would significantly harm Time Warner Cable’s competitive advantage,” Time Warner Cable’s lawyers complained to regulators handling the case. “To allow competitors to have access to this information before Time Warner Cable has had a chance to market customers for which it speculatively built the line would not only negate any competitive advantage, it would allow its competitors to reap the benefits of Time Warner Cable’s investment, causing substantial competitive and financial injury to Time Warner Cable.”

“The compilation of information on all the Time Warner Cable New York deployments, distances, and passings into one document would be of enormous value to a competitor,” the lawyers added. “This information could not be developed independently by competitors, and any estimates developed through publicly available data or data from third-party sources, if possible at all, would be expensive and burdensome to assemble, and less accurate than the data provided in Exhibit 46. […] Therefore, disclosure of the compilation of information on the New York Rural Builds would cause substantial competitive injury to Time Warner Cable, and should be granted exception from disclosure.”

One might expect the mighty Exhibit 46 to contain all of Time Warner’s deepest secrets — secrets that if made public would hand the “competition” the keys to the cable kingdom.

Despite the haughty demands that such information was not to be shared with the public, Stop the Cap! secured our copy of the “top-secret” Exhibit 46 (and here is a copy for you as well).

After reviewing it, it quickly became clear the only thing Time Warner Cable intended to keep secret is how little expansion (and money) the company is devoting to rural New York. The nine-page spreadsheet shows Time Warner spent $5.3 million of New York’s money to expand service to, at most, 5,320 homes or businesses that had no access to cable before. The largest beneficiary of this expansion was the rural (and more affluent than its neighbors) town of Grafton, in Rensselaer County, where 1,152 homes now have access to Time Warner Cable if they want it. An additional 875 homes in Carlisle, Schoharie County now have access as well. Despite dire warnings from Time Warner, “competitors” are hardly rushing to the scene to engage in hand-to-hand combat with the cable company, which is the only provider of broadband service for many of these residents.

As for the rest of upstate New York, Exhibit 46 offers about as much relevance to “competitors” as it does to the rural residents still being bypassed by the cable company. Most of the entries show Time Warner’s expansion projects reached fewer than 10 homes in any particular area. In a large number of those instances, the expansion ended up serving just one additional home or business.

Some examples:

• Town of Clarence, Erie County – 4 homes or businesses
• Town of Henrietta, Monroe County – 1
• Town of East Bloomfield, Ontario County – 22
• Town of Paris, Oneida County – 1
• Town of Manheim, Herkimer County – 1
• Town of Kirkwood, Broome County – 7
• Town of Tupper Lake, Franklin – 116
• Town of Gouverneur, St. Lawrence County – 29
• Town of Brookfield, Madison County – 139
• Town of Jefferson, Schoharie County – 3
• Town of Big Flats, Chemung County – (either 2 or 4 – the entry is duplicated)
• Town of Pompey, Onondaga County – 1

Of the 5,320 homes or businesses now provided access to Time Warner service, 4,104 were subsidized up to 75 percent by the State of New York. Just 1,216 locations were apparently reached exclusively at Time Warner Cable’s own expense.

New Yorkers paid most of the bill because Time Warner Cable couldn’t find $5.3 million in their company coffers to bring broadband to rural residents. But Time Warner Cable could find $80 million to cover the golden parachute compensation package available to just one employee – CEO Robert Marcus, if the company is successfully sold to Comcast for around $45 billion.

Priorities.

No wonder Time Warner Cable’s attorneys fought so hard to keep the “expansion” effort a secret.

New York will see at least $1 billion in investments to expand and improve rural broadband in upstate New York to bring Internet access to every home in the state by 2019, if the state legislature approves the budget for Gov. Andrew Cuomo’s New-New York Broadband Program.

New York Lieutenant Gov. Kathy Hochul traveled to the North Country to unveil the spending plan in the broadband-challenged Adirondack region.

“Governor Cuomo’s program will be the largest universal broadband deployment in the nation,  investing up to one billion dollars in both public and private resources to connect every New Yorker to high-speed Internet,” Hochul told the audience. “With a state investment of $500 million in capital funds from bank settlements the program will incentivize the private sector to expand high-speed broadband access to under-served New Yorkers. The plan will elevate broadband speeds in under-served areas to previously unheard levels including a minimum speed of 100Mbps, more than ten times the federal definition of broadband.”

New York’s newest broadband initiative comes courtesy of an unexpected windfall of more than $5 billion in legal settlements with crooked banks and mortgage companies that defrauded state residents and helped trigger the Great Recession.

At least $500 million of the settlement fund would be set aside for broadband expansion, with providers required to match any funds received from the state. Time Warner Cable is likely to be awarded a significant percentage of the money, used to expand cable infrastructure into sparsely populated areas that have never met the company’s Return On Investment requirements.

The Cuomo Administration expects little opposition to the plan, because the bulk of the broadband money would be spent in Republican-controlled rural districts and won’t come from taxpayers’ pockets.

Hochul

Republican assemblyman Dan Stec’s 114th district is a case in point. Hamilton County has little or no access to broadband service and Stec’s constituents in nearby Essex, Saratoga, Washington and Warren counties have spotty coverage. He’s thrilled the state will likely spend money on broadband in his district.

“There are towns in my district that don’t have good access to the Internet,” Stec said. “Moms and dads will drive their son or daughter and park in the parking lot of the public library or park in the parking lot of Town Hall to access a broadband wireless connection. That’s crazy.  It’s nice to see the governor making the infrastructure investment that needs to be made in the North Country and frankly in all of upstate.”

Although speaking in the Adirondacks, the former congresswoman turned lieutenant governor said there are plenty of areas in western New York that also desperately need broadband access. Regional economic development committees will be responsible for identifying the most broadband-challenged areas where funding should be prioritized.

“I had [served] seven counties including Wyoming, Livingston, Ontario, Niagara, and Genesee,” Hochul said, referring to parts of the 26th Congressional District between the cities of Buffalo and Rochester she lost in the 2012 election. “The Southern Tier has challenges as well. We have a map that shows the areas which do not have the access and so we know where to have a laser focus on increasing that availability. We know New York City is in good shape. The urban areas are in good shape. So this is very much a rural initiative.”

Despite the unlikely case for any significant broadband funding headed downstate, the governor is attempting to carefully balance his overall spending initiatives between upstate and New York City, the latter now demanding a larger share of the settlement money for downstate. To avoid a budget battle between the two regional factions, Gov. Cuomo intends to bundle his spending programs together in a package presented to the state legislature as part of today’s State of the State address.

New York’s latest Broadband Availability Map, excluding well-covered downstate regions – Areas in white have no broadband access.

“He’s going to present them as part of a package: the New York State Opportunity for All program,” said Hochul. “This is one of the most significant announcements he’s going to make because it’s going to affect the lives of so many millions of people in our state. In this day and age the fastest road to opportunity is the information highway. Probably the comparable analogy would be the interstate highway system back in the 1950’s. That was able to connect communities and enhance commerce. It was transformative. It was essential in its day. That’s the opportunity that lies before us.”

Ironically, the state-funded initiative is likely to deliver faster broadband to rural New York than their more urban neighbors receive. Under the program, grant recipients will have to pledge to deliver at least 100Mbps speeds to customers, except in the most rural areas where the minimum speed requirement will be set at 25Mbps, with upgrades to come later. Most urban residents receive between 3-10Mbps DSL from Verizon or Frontier Communications and 10-15Mbps from Time Warner Cable, the largest cable company in the state. Verizon FiOS delivers even faster broadband to customers in New York City and Long Island, and selected suburbs in Buffalo, Syracuse, and Albany.

Providers will be encouraged to use state-owned institutional fiber networks, including one laid along the length of the New York State Thruway, and other government infrastructure wherever possible. That is likely to mean fiber broadband will constitute a major part of the initiative. That pleased the Fiber to the Home Council, which advocates for fiber to the home broadband service.

“The [council] commends Governor Andrew Cuomo on an ambitious plan to hit 100 Mbps in every New York home by Jan. 1, 2019,” read a statement from the Council. “This $500 Million investment into the NYS Broadband Program Office will make high-speed Internet affordable in underserved communities by incentivizing private investment, something the FTTH Council strongly supports.”

The state’s chief digital officer Rachel Haot claimed New York is doing more than any other state to invest in high-speed broadband.

[flv]http://www.phillipdampier.com/video/2015 Opportunity Agenda NY Statewide Broadband Access for Every New Yorker 1-16-15.mp4[/flv]

Upstate New York officials discuss the broadband problems in rural New York and how they spent years trying to get attention in a state where government is often focused primarily on the interests of New York City. Lt. Gov. Kathy Hochul announces a $1 billion statewide broadband improvement program. (44:42)

New York Gov. Andrew Cuomo has set a goal that every resident of New York State should have access to at least 100Mbps broadband no later than 2018.

The governor will kick off his latest broadband expansion effort with the launch of his $500 million broadband expansion program, dubbed the New New York Broadband Fund, a follow-up to the state’s $70 million public-private effort to expand broadband that began in 2012.

Much of the money awarded in the 2012 broadband expansion effort went to Wireless Internet Service Providers, institutional broadband networks, middle-mile fiber projects not accessible to the public, and emergency service network upgrades. Another $5.2 million was awarded to Time Warner Cable to expand broadband service to 4,114 households in the Capital, Central, Finger Lakes, Mid-Hudson, Mohawk Valley, NYC, North Country, Southern Tier and Western regions of New York State. In June, many of the top funding recipients also received honors from the governor’s office in the first annual New York State Broadband Champion Awards.

Gov. Cuomo

Despite the money, the 2012 effort did not make a significant dent in the pervasive problem of broadband availability in upstate New York.

While Gov. Cuomo is committed to a target speed of 100Mbps within the next four years, more than one million New York households still cannot access broadband that achieves the state minimum — 6.5Mbps. That includes 113,000 businesses.

The governor’s solution is to subsidize private businesses with more tax dollars to resolve the broadband problem, with a significant part of the next round of funding likely to reach more institutional and public safety networks off-limits to the public, middle mile network expansion that can build state-of-the-art fiber rings that do not connect to end users, and an even bigger amount handed to Time Warner Cable (or Comcast if the state approves a merger with Time Warner Cable) and rural phone companies like Frontier Communications. Much of the money awarded to last mile providers like cable and phone companies will placate those that have stubbornly refused to expand further into rural areas unless taxpayers pick up some of the expense.

“In some of these areas, there’s just not a business case for these [service] providers to build out,” said David Salway, director of the New York State Broadband Program office. “The cost far exceeds what the revenue might be for that area.”

An unintended consequence of the broadband funding effort could be taxpayers subsidizing the establishment of for-profit monopolies in rural corners of the state. Although Salway told Capital NY he wanted to make sure New Yorkers had a choice, he clarified he was referring to a choice in technology, not service providers.

That must come as a relief for Verizon. The state’s largest phone company has petitioned state officials in the past for a gradual mothballing of New York’s rural landline network in favor of switching customers to wireless voice and broadband over Verizon’s cellular network. Theoretically, taxpayers could end up subsidizing the demise of rural New York landlines and DSL if Verizon seeks money from the rural broadband fund to expand its wireless tower network in rural New York. Time Warner Cable almost certainly will also seek more funding, probably in excess of the average $1,264 paid to the cable company for each of the 4,114 additional connections it agreed to complete during an earlier round of funding.

While rural broadband remains an important issue in New York, the merger of Comcast and Time Warner Cable is on the front burner and Salway, like the governor, had little to say. But Salway did offer that he did not believe the merger “would reduce [access] as much as further our goal” for expansion.

Guidelines for grant recipients are expected to become available just after the governor’s State of the State presentation in January, with ground-breaking on projects likely to start by mid-summer of 2015.