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

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

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

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

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

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

Martinez

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

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

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

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

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

Phone companies looking for a cheap way to increase broadband speeds are turning away from fiber optics and towards advanced forms of DSL that don’t bring cost objections from shareholders.

Whether your provider is AT&T or an ISP in Europe or Australia, financial pressure to improve broadband on the cheap is fueling research to wring the last kilobit out of decades-old copper phone wiring.

Alcatel-Lucent suggests VDSL2 Vectoring is one such technology that can enable download speeds up to 100Mbps using noise-cancelling technology to suppress interference.

But the advice doesn’t impress fiber optic fans who suggest any reliance on deteriorating copper phone lines simply postpones an inevitable fiber upgrade that could come at a higher cost down the road.

VDSL2 Vectoring and G.Fast are only as good as the copper wiring that extends to each customer. Up to 45 percent of North American wire pairs are in some state of disrepair.

Vectoring has been described as “pixie dust” by Australia’s former Communications Minister Stephen Conroy. Conroy was overseeing Australia’s switch to fiber service as part of the National Broadband Network. But a change in government has scrapped those plans in favor of a cheaper fiber to the neighborhood broadband upgrade advocated by the new Communications Minister Malcolm Turnbull that resembles AT&T’s U-verse.

“Malcolm can sprinkle pixie dust around and call it vectoring and he can do all that sort of stuff but he cannot guarantee upload speeds,” Conroy told Turnbull.

As with all forms of DSL, speed guarantees are extremely difficult to provide because the technology only performs as well as the copper wiring that connects a neighborhood fiber node to a customer’s home or office. Upload speeds are, in practical terms, significantly slower than download speeds with VDSL2. Turnbull expected download and upload speeds on Australia’s VDSL2 network to be around a ratio of 4:1, which means a customer who has a download speed of 25Mbps per second would receive an upload speed of around 6Mbps.

In the lab, VDSL2 Vectoring delivers promising results, with speeds as high as 100Mbps on the download side. DSL advocates are excited about plans to boost those speeds much higher, as much as 1,000Mbps, using G.Fast technology now under development and expected in 2015. VDSL2 Vectoring and G.Fast both require operators to minimize copper line lengths for best results. Unfortunately, dilapidated copper networks won’t work well regardless of the line length, and with many telephone companies cutting back upkeep budgets for the dwindling number of customers still using landlines, an estimated 15-45 percent of all line pairs are now in some state of disrepair.

Assuming lab-like conditions, G.Fast can deliver 500Mbps over copper lines less than 100 meters long and 200Mbps over lines between 100 and 200 meters in length.

G.Fast also allows for closer symmetrical speeds, so upload rates can come close or match download speeds.

This cabinet houses the connection between a fiber optic cable and copper phone wiring.

Providers prefer the copper-fiber approach primarily for cost reasons. There are estimates deploying a G.Fast-capable VDSL service to a home would cost around 70 percent less than fiber to the home service. Workers would not need to enter customer homes either, offering less-costly self-install options.

Telekom Austria and Swisscom are among providers committed to launching the technology. Both countries are mountainous and have many rural areas to serve. Fiber rich providers are also looking at the technology for rural customers too costly or too remote to service with fiber.

Critics question the real world performance of both VDSL2 Vectoring and G.Fast on compromised copper landline networks. Decades of repairs, deteriorating insulation, corroded wires, water ingress, and RF interference can all conspire to deliver a fraction of promised speeds.

Many critics also point to the required aggressive deployment of fiber/VDSL cabinets — unsightly and occasionally loud “lawn refrigerators” that sit either in the right of way in front of homes or hang from nearby utility poles. To get the fastest possible speeds, one cabinet may be needed for every four or five homes, depending on lot size. Australia’s VDSL network, without Vectoring or G.Fast requires at least 70,000 cabinets, each powered by the electric grid and temporary backup batteries that keep services running for 1-2 hours in the event of a power failure. The batteries need to be decommissioned periodically and, in some instances, have caused explosions.

The costs of electric consumption, backup batteries, infrastructure, and maintenance of copper lines must be a part of the cost equation before dismissing fiber to the home as too expensive.

AT&T suddenly announced it was ready to build its own gigabit fiber network in Austin.

AT&T and Time Warner Cable report they are ready to make more investments in their operations in Austin, Tex. to compete with Google Fiber when it arrives in the middle of next year.

Time Warner Cable says it already operates a multi-gigabit fiber optic network — one residential customers cannot easily access or afford. Residential broadband speeds at the cable operator top out at 50/5Mbps in Austin, at a cost higher than what Google plans to charge for 1,000/1,000Mbps service. AT&T’s U-verse network maxes out at 24/3Mbps, assuming customers have good copper wiring between AT&T’s fiber in the neighborhood and their home.

“The cable and phone company providers have purposely confused their networks’ maximum speed capacity with real end-user speeds for years, and when that fails to convince they simply claim customers don’t need or want those speeds anyway,” says Stop the Cap! reader and Austin resident Sam Knoll.

Knoll is enthusiastic about giving Time Warner Cable the boot, partly to pay them back for their aborted consumption billing trial attempted in Austin in 2009.

“I am not completely convinced Time Warner Cable understands just how much damage they did to their reputation when they pulled that stunt, and I’m certain they will attempt it again if they have a chance,” Knoll said. “The best thing customers can do is switch to a provider that believes usage caps and consumption billing are the fraudulent ripoff we know them to be. Google already knows this.”

Some Time Warner Cable customers in Austin never forgot the company tried to meter Internet usage in a failed experiment back in 2009. (Image: The Austinst)

Competition from deep-pocketed Google could eventually transform the broadband business model for American providers, assuming Google builds its fiber network in enough cities to challenge the conventional wisdom that prices have plenty of room to grow with faster Internet access. The more customers that sign up for Google’s already-super-fast broadband, the more providers will have to compete with better and faster service.

But AT&T is not convinced. The company announced yesterday it was prepared to build a gigabit fiber network not just in Austin, but also in surrounding Williamson County, with plenty of caveats.

“[We will only build the network if] the demand is there and if we get the same terms and conditions as Google received,” said AT&T spokeswoman Tracy King.

AT&T told the Austin American-Statesman the company wanted a faster regulatory approval process and permission to only build its faster fiber network in neighborhoods where there is proven demand for the service. Current franchise agreements often compel providers to offer service throughout the community and prohibits “cherry-picking” customers in high-income or low construction cost areas.

An AT&T official told KEYE-TV he had no idea how much AT&T would charge for gigabit broadband. Google charges $70 a month in Kansas City.

Austin has promised cooperation with Google, although it is not extending tax breaks or grants to the search engine giant. Google will get easy access to Austin Energy’s municipally owned infrastructure including utility poles and rights-of-way.

Google is speculated to be building showcase fiber networks to embarrass incumbent cable and phone providers who typically sell standard broadband service with speeds of 6-15Mbps in most larger communities. Rural areas are lucky to have 3Mbps service, and often much less.

But if Google intended to force major upgrades by cable and phone companies across the country, it might be disappointed with the response so far from AT&T and Time Warner Cable. Both companies indicate they will invest in and upgrade their networks to compete, but only in the service areas where Google-style competition exists. For the rest of the country, phone and cable companies are prepared to continue with the current “broadband scarcity” business model that delivers upgrades only occasionally, often accompanied by usage limits, consumption billing, and/or higher prices.

“Google has proved that there is a business model for selling abundant bandwidth as opposed to a business model for allocating scarce bandwidth,” said Blair Levin, a former chief of staff of the Federal Communications Commission.

“They are saying this is not an experiment. It is a business,” Levin told the newspaper. “In Kansas City, Google did the country an enormous favor. They said, give us regulatory flexibility to design the business and give us access to city property so we can build a network to lower the cost.”

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KEYE in Austin talks with AT&T about their plans for a gigabit broadband network to compete with Google Fiber. The AT&T spokesman seemed more interested in pitching the company’s deregulation agenda and was short on specifics.  (3 minutes)

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KXAN in Austin talked with Google competitors Time Warner Cable and AT&T about how they will respond to the Google Fiber challenge.   (3 minutes)

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KVUE in Austin called Google’s entry into the city the opening salvo of ‘Fiber Wars,’ as AT&T promises its own gigabit network. Austin residents intend to take advantage of the competition to force providers to give them better deals to keep their business.  (3 minutes)

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KXAN explains the possibilities of gigabit fiber, but also asks a former Google insider why the search engine is getting into the broadband business.  (5 minutes)

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KTBC was skeptical of AT&T’s sudden interest in gigabit broadband. “Gee, what a coincidence,” commented the anchor of Austin’s Fox affiliate.  (2 minutes)

Austin, Texas is likely the next Google Fiber city.

Austin, Texas will be the second major U.S. city to receive Google Fiber’s 1,000/1,000Mbps service, perhaps as early as 2014.

A “major announcement” at a news conference scheduled for Tuesday morning is expected to bring more than 100 community leaders together to hear Google’s plans for the city.

Local media reports, an accidental mention of Austin as the next Google Fiber city on Google’s Fiber Blog, and at least one confidential source at Austin’s public utility company (that owns the poles Google Fiber will be strung across) makes it all-but-certain Austin and its nearby suburbs will get the service.

Austin would seem a natural target for Google as home to the high-tech South by Southwest. Austin also hosts Dell, Texas Instruments, AMD, Samsung, IBM, Intel, and a myriad of Internet start-ups. But a key factor for Google also seems to be the presence of Austin Energy, the nation’s 8th largest community-owned electric utility, serving more than 420,000 customers and a population of almost one million. Kansas City, the first choice for Google Fiber, also has a municipal utility company.

Milo Medin, Google’s vice president of access services, made it clear that Google is targeting cities where it does not have to deal with intransigent privately owned utility companies that make life difficult (or expensive) to attach Google Fiber to utility poles. Municipally owned providers have proved easier to work with, and in Kansas City elected officials also helped cut through administrative red tape and facilitated a working relationship between Google and government officials responsible for issuing work permits and clearing up zoning headaches.

Areas served by investor owned electric giants like Southern California Edison, Florida Power & Light, Commonwealth Edison, Consolidated Edison, Georgia Power, Dominion Resources, Detroit Edison, Public Service Enterprise Group, and others may be at an immediate disadvantage in the race to become the next Google Fiber city if those companies attempt to throw expensive roadblocks or disadvantageous bureaucracy in front of Google.

Another factor in Kansas City’s favor was the large amount of pre-existing conduit available to pull fiber infrastructure through without tearing up streets. Cities with this type of infrastructure already in place dramatically reduces construction costs and permit delays.

Google Fiber’s project in Austin will compete directly with Time Warner Cable and AT&T U-verse. Time Warner Cable customers antagonized Austin residents in the spring of 2009 with a planned market test of consumption billing and usage caps for its Internet service. Google Fiber makes a point to say its broadband service is never usage-limited. AT&T U-verse customers in Austin have so far  not faced punitive measures from the phone company when exceeding its 250GB U-verse usage cap.

Many cable industry analysts predicted Google Fiber was simply a show project in Kansas City, designed to embarrass the telecommunications industry’s mediocre and expensive broadband service offerings. But a move into Austin signals Google more likely sees its fiber network as a lucrative business opportunity — one that could gradually be expanded to other cities.

What communities could get the service next? Google seems likely to avoid serving areas covered by Verizon FiOS, because competing fiber networks would likely not produce the bang for the buck Google needs to draw subscribers, and Medin makes it clear the company has found working with publicly owned utility companies easier than privately owned ones, so future Google Fiber cities will likely have these factors in common:

Having a publicly owned utility helps.

• A high-tech business community and well-educated workforce in a medium to large city;
• A publicly owned municipal utility willing to work with Google;
• Pre-existing infrastructure to support fiber service without tearing up streets and neighborhoods;
• A local government willing to cut red tape and ease Google’s expansion;
• No Verizon FiOS fiber service in the immediate metropolitan area;
• A reasonable level of regulations covering environmental impacts of utility infrastructure work, permits, and licensing.

Such requirements would wipe out almost all New York (except Rochester, Binghamton and the Southern Tier around Ithaca — all completely bypassed by Verizon FiOS) and New Jersey as possible candidates. California outside of Mountain View would also seem untenable because of government regulations, sprawling cities, and private utilities. Florida and Georgia have two major private power companies to contend with as well. But there are opportunities in Texas, the Carolinas, Minnesota, Washington, Arizona, Colorado, Tennessee, Massachusetts, and across several midwestern states, especially those served by AT&T’s inferior U-verse system.

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KXAN in Austin spent almost seven minutes of its weekend evening newscast talking about forthcoming Google Fiber in Austin.  (7 minutes)

Cable operators and publicly owned utilities in Tennessee are battling for control over the prices companies pay to use utility poles, with facts among the early casualties.

The subject of “pole attachment fees” has been of interest to cable companies for decades. In return for permission to hang cable wires on existing electric or telephone poles owned by utility companies, cable operators are asked to contribute towards their upkeep and eventual replacement. Cable operators want the fees to be as low as possible, while utility companies have sought leeway to defray rising utility pole costs and deal with ongoing wear and tear.

Little progress has been made in efforts to compromise, so this year two competing bills have been introduced by Republicans in the state legislature to define “fairness.” One is promoted by a group of municipal utilities and the other by the cable industry and several corporate-backed, conservative front groups claiming to represent the interests of state taxpayers and consumers.

Some background: Tennessee is unique in the pole attachment fee fight, because privately owned power companies bypassed a lot of the state (and much of the rest of the Tennessee Valley and Appalachian region) during the electrification movement of the early 20th century. Much of Tennessee is served by publicly owned power companies, which also own and maintain a large percentage of utility poles in the state.

Some of Tennessee’s largest telecom companies believe they can guarantee themselves low rates by pitching a case of private companies vs. big government utilities, with local municipalities accused of profiteering from artificially high pole attachment rates. Hoping to capitalize on anti-government sentiment, “small government” conservatives and telecom companies want to tie the hands of the pole owners indefinitely by taking away their right to set pole attachment rates.

The battle includes fact-warped editorials that distort the issues, misleading video ads, and an effort to conflate a utility fee with a tax. With millions at stake from pole attachment fees on tens of thousands of power poles throughout the state, the companies involved have launched a full-scale astroturf assault.

Grover Norquist’s Incendiary “Pole Tax”

Conservative Grover Norquist, president of Americans for Tax Reform wrote that the pole attachment fee legislation promoted by public utilities would represent a $20 million dollar “tax increase” from higher cable and phone bills. Even worse, Norquist says, the new tax will delay telecom companies from rushing new investments on rural broadband.

Norquist

In reality, Americans for Tax Reform should be rebranded Special Interests for Tax Reform, because the group is funded by a variety of large tobacco corporations, former clients of disgraced lobbyist Jack Abramoff, and several wealthy conservative activists with their own foundations.

Norquist’s pole “tax increase” does not exist.

The Federal Communications Commission (FCC) provides guidelines and a formula for determining pole attachment rates for privately owned utilities, but permits states to adopt their own regulations. Municipal utilities are exempted for an important reason — their rates and operations are often already well-regulated.

Stop the Cap! found that pole attachment revenue ends up in the hands of the utility companies that own and keep up the poles, not the government. Municipal utilities stand on their own — revenue earned by a utility stays with the utility. Should a municipal utility attempt to gouge other companies that hang wires on those poles, mechanisms kick in that guarantee it cannot profit from doing so.

A 2007 study by the state government in Tennessee effectively undercut the cable industry’s argument that publicly owned utilities are overcharging cable and phone companies that share space on their poles. The report found that “pole attachment revenues do not increase pole owners’ revenue in the long run.”¹

The Tennessee Valley Authority, which supplies electricity across Tennessee, regularly audits the revenues and costs of its municipal utility distributors and sets end-user rates accordingly. The goal is to guarantee that municipal distributors “break even.” Any new revenue sources, like pole attachment fees, are considered when setting wholesale electric rates. If a municipal utility overcharged for access to its poles, it will ultimately gain nothing because the TVA will set prices that take that revenue into account.

Freedom to Distort: The Cable Lobby’s Astroturf Efforts

Freedom to distort

Another “citizens group” jumping into the battle is called “Freedom to Connect,” actually run by the Tennessee Cable Telecommunications Association (TCTA). Most consumers won’t recognize TCTA as the state cable lobby. Almost all will have forgotten TCTA was the same group that filed a lawsuit to shut down EPB’s Fiber division, which today delivers 1,000Mbps broadband service across the city and competes against cable operators like Comcast and Charter Cable.

One TCTA advertisement claims that some utilities are planning “to double the fees broadband providers pay to the state’s government utilities.”

In reality, cable companies have gone incognito, hiding their identity by rebranding themselves as “broadband providers.” No utility has announced it plans to “double” pole attachment fees either.

TCTA members came under fire at a recent hearing attended by state lawmakers when Rep. Charles Curtiss (D-Sparta) spoke up about irritating robocalls directed at his constituents making similar claims.

“What was said was false,” Curtiss told the cable representatives at the hearing. “You’ve lost your integrity with me. Whoever made up your mind to do that, you’re in the wrong line of work.”

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TCTA — Tennessee’s cable industry lobbying group, released this distorted advertisement opposing pole attachment fee increases.  (1 minute)

The Chattanooga Free-Press’ Drew Johnson: Independent Opinion Page Editor or Well-connected Activist with a Conflict of Interest?

Johnson (Times Free Press)

In its ad campaign, the TCTA gave prominent mention to an article in Chattanooga’s Times-Free Press from Feb. 27: “Bill Harms Consumers, Kills Competition.”

What the advertisement did not say is it originated in an editorial published by Drew Johnson, who serves as the paper’s conservative opinion editor. Johnson has had a bone to pick with Chattanooga’s public utility EPB since it got into the cable television and broadband business.

That may not be surprising, since Johnson is still listed as a “senior fellow” at the “Taxpayers Protection Alliance,” yet another corporate and conservative-backed astroturf group founded by former Texas congressman Dick Armey of FreedomWorks fame.

Johnson’s journalism credentials? He wrote a weekly column for the conservative online screed NewsMax, founded and funded by super-wealthy Richard Mellon Scaife and Christopher Ruddy, both frequent donors to conservative, pro-business causes.

TPA has plenty to hide — particularly the sources of their funding. When asked if private industry backs TPA’s efforts, president David Williams refused to come clean.

“It comes from private sources, and I don’t reveal who my donors are,” he told Environmental Building News in January.

Ironically, Johnson is best known for aggressively using Tennessee’s open records “Sunshine” law to get state employee e-mails and other records looking for conflicts of interest or scandal.

Newspaper readers may want to ask whether Johnson represents the newspaper, an industry-funded sock puppet group, or both.  They also deserve full disclosure if the TPA receives any funding from companies that directly compete with EPB.

The Institute from ALEC: The Institute for Policy Innovation’s Innovative Way to Funnel AT&T and Comcast Money Into the Fight

Provider-backed ALEC advocates for the corporate interests that fund its operations.

Another group fighting on the side of the cable and phone companies against municipal utilities is the Institute for Policy Innovation. Policy counsel Bartlett D. Cleland claimed the government is out to get private companies that want space on utility poles.

“The proposed new system in HB1111 and SB1222 is fervently supported by the electric cooperatives and the government-owned utilities for good reason – they are merely seeking a way to use the force of government against their private sector competitors,” Cleland said. “The proposal would allow them to radically raise their rates for pole attachments to multiples of the national average.”

The facts don’t match Cleland’s rhetoric.

In reality, the state of Tennessee found in their report on the matter in 2007 that Tennessee’s pole attachment fees are “not necessarily out of line with those in other states.”²

In fact, some of the state’s telecom companies seemed to agree:

• EMBARQ (now CenturyLink) provided data on fees received from other service providers in Tennessee, Virginia, South and North Carolina. In these data, Tennessee’s rates ($36.02 – $47.41) are similar to those in North Carolina ($23.12-$52.85) and Virginia ($28.94 – $35.77). Rates were lower in South Carolina.
• Cable operators, who have less infrastructure on poles than telephone and electric utilities, paid even less. Time Warner Cable provided mean rates per state showing Tennessee ($7.70) in the middle of the pack compared to Florida ($9.83) and North Carolina ($4.86 – $13.64).

In addition to his role as policy counsel, Cleland also happens to be co-chair of the Telecommunications and Information Technology Task Force of the American Legislative Exchange Council (ALEC). Members of that committee include Comcast and AT&T — Tennessee’s largest telecom companies, both competing with municipal telecommunications providers like EPB.

¹ Analysis of Pole Attachment Rate Issues in Tennessee, State of Tennessee. 2007. p.23

² Analysis of Pole Attachment Rate Issues in Tennessee, State of Tennessee. 2007. p.12