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AT&T's Lobbying Power

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A deep thank you to Public Knowledge for their throwing back the curtain on AT&T's lobbying operation in the attempted takeover of T-Mobile. Whenever the discussion of public v. private arises, the focus is inevitably on the advantages that the public sector supposedly has over the private providers. We have documented these "level playing field" claims and refuted them. When I recently visited Lafayette, the head of the public utility told me that in fighting the Local Government "Fair" Competition Act in 2005 (meant to prohibit competition against incumbent cable and phone companies) Lafayette hired one lobbyists and the incumbents hired all the rest. In Tennessee, Chattanooga hires one lobbyist to defend itself from many lobbyists -- in October I learned that AT&T has already registered 26 lobbyists for the 2012 session in Tennessee. Not only do major national companies like AT&T already have most of the advantages in the marketplace, they spend mightily on lobbyists and campaign contributions to make sure it stays that way. One of the reasons I am an enthusiastic supporters of Larry Lessig's Rootstrikers campaign is because the power of big telephone and cable companies likes in their ability to influence policy and elections, not in the quality of their services in the marketplace. Back to Public Knowledge -- they researched AT&T's push for th T-Mobile merger and found AT&T hired three former US Senators, four former House members, dozens of staffers from both parties, and spent over $40 million in advertising to push its bid to reduce competition in the wireless market.
“This information gives us a more complete picture of the vast lobbying and advertising resources AT&T has dedicated to trying to ram through this takeover,” said Harold Feld, legal director of Public Knowledge. “It is even more impressive that while many members of Congress have ignored the facts and are backing this takeover, the Justice Department and the Federal Communications Commission have not. It is clear that the data the DoJ and FCC have compiled on this deal will negate all of the money AT&T has spent to mislead policymakers and the public.”
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AT&T Defunds 9-11 To Undercut Competitors

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There are definitely times when you learn of a business practice where you think, "Wow, my opinion of AT&T could not go any lower." And then, BOOM. You find out that AT&T was intentionally underfunding a 9-11 call center in order to undercut its competitors in bids. Yikes. Did we mention that this is not an isolated case? AT&T has been busted in several jurisdictions for this practice. Hat tip to Stop the Cap! for bringing my attention to a lawsuit brought by Hamilton County against AT&T for its practice of under-reporting the number of business lines it provides. This practice allows it to undercut all competitors in the market, including the community fiber network run by Chattanooga's Electric Power Board. From the Times Free Press article:
The lawsuit claims that, since at least July 2001, AT&T has filed monthly and annual reports listing fewer business phone lines than they actually provide. Under Tennessee law, phone companies must pay $3 per month per line to pay for 911 access. ... In a March phone service bid proposal for Hamilton County, AT&T stated it would not collect the $3 rate and instead collect $2 per line per month. That allowed the company to underbid the next lowest bidder by 69 cents per line per month, “unlawfully increasing its profits at the expense of revenue to support the critical emergency services that” 911 provided, according to court records.
A difference of $.69 may not seem like much, until you consider they may be providing 1,000 lines - which is a difference of $690/month or $8,280/year. 911.gif It is an incredible racket.
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Despite Delays, Dunnellon Builds Muni Fiber in Florida

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Dunnellon, a small town in Marion County south of Gainesville, decided to invest in a community fiber network to spur growth and diversify its income stream. Though citizens did not want to cut government services, they have not been pleased at property tax increases. 364 days ago, we published a story discussing their financing. The town itself is quite small, with 1,733 residents but the network will be serving areas in the County as well. Though AT&T and Comcast offer services in the area, they have big gaps in coverage and apparently the cable television packages are antiquated (only 50 channels???). An article last year noted Dunnellon's Internet connections will range from 10Mbps to 125Mbps. They hope to sign up 1,647 subscribers within 6 months of launch -- the network is named Greenlight (not sure if they were aware that the city of Wilson, NC, already operates a triple-play FTTH network called Greenlight). They hoped to launch 6 months ago. Bill Thompson's "Dunnellon dreams of a connectied future," offers a comprehensive look at the promise and the challenges Dunnellon faces. Dunnellon's city manager comes from Valparaiso, which had a city-owned cable network that upgraded to FTTH. Unfortunately, Dunnellon is in the hard position of building a network from scratch. logo-valp-net.jpg Building a new network requires a massive up-front capital investment - in this case the city will have spent $4.4 million to connect the first connection. Good thing they aren't all that expensive! The article identifies two main sources of the delays: difficulty in getting on the poles owned by Progress Energy and long delays in receiving the fiber-optic cable they ordered (stimulus projects have hogged the supply). Rather than taking 12 weeks, they had to wait 30. Delays cause problems:
The installation delay has put the city in a pinch with its lender, Regions Bank.
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AT&T Group's Lawsuit in Wisconsin Fails

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Yet another court has ruled against an incumbent telephone or cable company that filed a lawsuit to block any threat to their continued monopoly in America's communities. Access Wisconsin, an AT&T dominated trade group, has been trying to stop communities in Wisconsin from building their own next-generation networks to serve schools and libraries that AT&T has long neglected with slow, overpriced, broadband connections. A local judge has dismissed this blatantly anti-competitive attempt to stop communities from building the networks they need.
Wisconsin Independent Telecommunications Systems, operating as Access Wisconsin, sued the UW Board of Regents in July in an effort to stop a $32.3 million fiber optic network to Platteville, Wausau, Superior and the Chippewa Valley region. The lawsuit also named WiscNet, CCI Systems Inc. and the state Department of Transportation. ... The grant — made available through federal stimulus funds — will build high-speed Internet fiber to anchor institutions such as libraries, schools and government, health care and public safety buildings.
A press release from the UW-Extension office that organized the Building Community Capacity through Broadband program, funded by the broadband stimulus program, notes:
“This work by the University of Wisconsin-Extension and our many community partners is vital to the future of the Wisconsin economy,” said Ray Cross, chancellor of the University of Wisconsin-Extension and University of Wisconsin Colleges. “I hope that now government, the university, private businesses and communities in every corner of the state will be able to work together to assure Wisconsin is connected to the global economy.”
Remember that these lawsuits are rarely intended to be won.
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Senate to Vote on Giving Internet Governance to Comcast, AT&T

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Update: The Senate voted against turning the Internet over to Comcast, AT&T, and other major carriers. How did your Senators vote? The US Senate began debating network neutrality yesterday - the historic governing principle of the Internet that ISPs should not be allowed to tell their users where they may or may not go and should not prioritize some connections over others merely because it generates more revenue for the ISP. As Al Franken has said several times, this is the 1st amendment for the Internet - protecting everyone's speech. It prevents a few massive companies (or even local governments where they offer access to the Internet) from exerting too much influence over what subscribers are able to do on the Internet. Unfortunately, many Senators are campaigning against this principle, in part because they have been misinformed as to what it means and in part because they are getting a ton of campaign cash from corporations that recognize how much more profitable they would be if they could charge users extra to go to YouTube. There will be a vote today on a resolution of disapproval for the mild network neutrality rules proposed by the FCC last December (which the FCC Chairman chose to water down in part because he thought it would be less controversial -- FAIL). We would like to recognize some of those who have stood up to protect the open Internet, starting with Free Press. The American Sustainable Business Council authored an op-ed:
The truth is that if we want to make sure small businesses can grow with the assistance of broadband, the Internet must remain open.
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Riverside: Municipal Wi-Fi is Alive in California

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Riverside, California, an innovative city of 300,000 in the eastern part of Los Angeles has been a broadband pioneer even though it sits in the shadow of tech centers like nearby Santa Barbara.   Riverside’s accomplishment as a city catching up with the information age was evident when it was selected as one of the top 7 Intelligent Communities Award in 2011 by New York-based Intelligent Community Forum.  

“It’s an honor to be selected as one of the top 7 cities in the world.  It comes down to a couple factors, what communities are doing with broadband, but... includes digital inclusion, innovation, knowledge workforce (of folks within your community) and marketing advocacy... We rank very high in all those categories.” - City CIO Steve Reneker [Gigabit Nation Radio]

The cornerstone the city’s SmartRiverside initiative is a free public wireless network which covers 78% of the city’s 86 square miles.  Established in 2007 by AT&T (which also offers DSL services in Riverside), the maximum speed of the network is 768kbps, which at just under 1Mbps is decent enough to surf the web and check emails.  However the road to providing free Internet access and bridging the digital divide wasn’t so easy for Riverside.  

The City issued a RFP in 2006 for a provider to deploy a citywide Wi-Fi network, with the goal of making the Internet accessible to users who can’t afford higher cost plans.  The City met with respondents and a speed of 512kbps or about half a megabit was initially quoted as an entry-level speed that would complement existing services rather than compete against them.  The contract was awarded to AT&T who hired MetroFi to build the network and charge the city a service cost of about $500,000 a year.  MetroFi went bankrupt after completing only 25 square miles and Nokia Siemens took over but only completed up to the present level of coverage. 

In 2007, the wifi network launched and began bridging the digital divide. Through the City’s digital inclusion efforts, not only were modest-income families able to obtain low cost or free PCs but also have means to use them with an Internet connection.  

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AT&T Takeover of T-Mobile Will Kill Tens of Thousands of Jobs

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Harold Feld details "double speak" from Deutsche Telekom in the matter of the AT&T takeover of T-Mobile. They have admitted it will kill jobs and is in no an essential outcome for either company.
Two weeks ago, Deutsche Telekom (DT) Chief Technology Officer Olivier Baujard accidentally spoke truth about T-Mobile to an audience of German investment analysts. After running through the usual company talking points about the effort to sell T-Mobile to AT&T (e.g., it will happen, DoJ is just playing hardball with negotiations, etc.), Baujard said at a public presentation at a Paris broadband conference that: “any rational company had a Plan B and that Deutsche Telekom had other opportunities for its U.S. operations should the U.S. Department of Justice succeed in terminating the deal.” This is vitally important because, after accidentally shooting the “this is the only way to bring 4G to rural America” argument in the foot by accidentally leaking documents proving AT&T could bring 4G to rural America whenever it wants, and T-Mobile killed the ‘this will create jobs’ argument by confirming that it was preparing pink slips for more than 20,000 employees after the acquisition gets approved, the “T-Mobile is a sickly gazelle” argument is about all AT&T and it supporters have left. Unfortunately for AT&T, this is not the first time Deutsche Telekom has screwed up the “sickly gazelle” storyline by revealing inconvenient truths about its other options.
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AT&T Takes Its Astroturf Show on the Road, Midwest Edition

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As AT&T tries to buy out its competition via the T-Mobile merger, it has sent out its allies and minions to push the company line in communities around the country. Here are two events in Minnesota and Wisconsin you should be aware of. On Monday, October 3rd, the Humphrey School of Public Affairs at the University of Minnesota is going to host a debate between Amalia Deloney (MAG-Net Coordinator and friend of MuniNetworks.org) and Former Congressman Rick Boucher on the subject of AT&T's attempt to buy T-Mobile (which just happens to be the low cost provider in the wireless space). A few short years ago, one would have expected Rick Boucher to champion opposition to this anti-competitive merger, but alas, the good citizens of his district rewarded his many years of hard work in Congress by voting for his opponent in the last election. As one often expects to see in DC, Rick took a new job and now works for a law firm with AT&T as a client. Suddenly Rick Boucher is the Honorary Chairman of the "Internet Innovation Alliance," a group that has a name that sounds like he should head it. But the IIA is little more than a puppet for AT&T and like interests. They use it as part of their astroturf campaigns to further AT&T's agenda -- ensuring that most Americans are stuck using a network designed for AT&T's interests rather than the public interest. We wish Amalia the best in the debate. This is a far better program than the last time AT&T came to the U's Public Policy school, which featured a blatantly one-sided program attacking inter-carrier compensation rules that have been essential for supporting rural network investment. If you want to attend, you should RSVP to the Center for Science and Technology Public Policy. It will be at 2:00 in the Wilkins Room.
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Publicly Owned Network in Wisconsin Creates Taxpayer Savings

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Eau Claire and Chippewa Falls worked together to build a high-capacity broadband network connecting community anchor institutions, including schools, clinics, traffic lights, and more. Called the CINC for Chippewa Valley Inter-Networking Consortium, they now have higher capacity connections, more control over their future telecom needs and budgets, and can run applications that make their operations more efficient (lessening the pressure on the tax base). The Building Community Capacity through Broadband, a stimulus funded project, has put together a video describing what they did and how they did it. Learn more about these BCCB projects here. As you watch the video, remember that AT&T and its industry allies want to make projects like this illegal. They want to force the schools, libraries, etc. to pay much more for slower, less reliable networks. While the WiscNet attack in June failed, telcos are still trying to create a monopoly for themselves providing these services. The lawsuit against the project has a hearing on November 11th where the Judge may decide to dismiss the case. If the case proceeds, the bench trial will be in early January. We frequently see lawsuits like these from big carriers that do not expect to win the case but rather are just harassing any potential competition to raise the cost of challenging the incumbent. So even though BCCB will almost certainly win the case, the telco goal is mostly to threaten any community that follows the good example of these communities.
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