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WOW! No Wonder Time Warner Cable is Pushing Bill to Limit Competition in NC!

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Stacey Higginbotham at GigaOm has explained the entire reason Time Warner Cable and CenturyLink are trying to prohibit communities from building their own networks: North Carolina has some of the worst broadband in America! TWC and CenturyLink know how uncompetitive their services are! The story covers a new broadband map launched by bandwidth.com. nc-bbchart.png Look at these numbers!! North Carolina has SEVEN of the worst 10 places to get broadband in the US. And these are the places in North Carolina that actually have broadband! Imagine how bad it is in the rural areas. Stunning to see the North Carolina Legislators conspiring to limit the ability of communities to invest in themselves when the private sector has no interest in next-generation networks, choosing instead to reap profits off of systems that barely meet the FCC's definition of broadband. With such terribly uncompetitive services, of course Time Warner Cable and CenturyLink have run to the Legislature to ban the community networks that have stepped in to prevent lazy incumbents from killing the future of entire communities in the digital age. As we have been detailing (most recently here), the public is overwhelmingly opposed to Raleigh telling communities they cannot build the networks TWC and CenturyLink will not. What more proof is necessary that the Legislators pushing H129 in North Carolina have sold out the citizens for a few massive companies that just happen to make large donations to their campaigns. We previously charted the superiority of the community fiber networks in North Carolina, but this chart shows just how much the existing cable and DSL companies have left North Carolina communities behind.
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With New Hope, North Carolina Broadband Struggle Continues

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On Wednesday morning, March 22, the House Finance Committee will again consider H 129, a bill from Time Warner Cable to make it all but impossible for communities to build their own broadband networks. But now, as noted by Craig Settles, the momentum is shifting. Last week, advocates had a big victory when Representatives Faison and Warren successfully amended the bill (each with his own amendment) to make it less deleterious to communities. Unlike the sham voice vote in the Public Utility Committee, Chairman Setzer of the Finance Committee had a recorded vote, allowing citizens to hold their representatives accountable. After these amendments passed, the TWC lobbyist signaled for an aide. Shortly thereafter, the committee decided to table the matter until this week -- when TWC will undoubtedly try to remove or nullify those amendments. In the meantime, AT&T has announced bandwidth caps, yet another reason the state is foolish to pin its broadband future on cable and DSL companies. Compare AT&T's movement to less-broadband with Wilson Greenlight's recent dramatic price decreases in its ridiculously fast broadband network, causing at least one couple to move there! Greenlight is owned and operated by the public power company owned by the city.
Greenlight has signed up its first residential customers with the highest Internet speed available in Wilson. Vince and Linda Worthington, former Johnston County residents, moved to Wilson after finding out that they could have access to 40 Megabits per second Internet speeds at a lower cost than what they were previously paying. "We always wanted the 100Mbps service," she said.
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Asheville Opposes Rep Avila's Attempt to Enshrine Time Warner Cable Monopoly

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The continuing saga of H129/S87 in North Carolina has proved at least one thing, Time Warner Cable knows how to pull the puppet strings. The bill was written by Time Warner Cable and pretends to be about creating a level playing field while it effectively outlaws community networks (and some public safety networks) -- much to Time Warner Cable's financial benefits. It remains unclear whether Representative Avila, who is championing this TWC power grab, truly knows what she is doing or is simply ignorant and blindly trusts the TWC lobbyists actually running the show. After Legislators received a torrent of phone calls opposing TWC's bill, Rep Avila promised to negotiate with communities to find some middle ground and ensure the legislation at least grandfathered existing community networks. Instead, she turned the meetings over to TWC to run -- rather than negotiating, they set their terms. She has made multiple public claims about being reasonable but in private, she has made it clear that this is Time Warner Cable's bill. Communities are dead set against this bill, noting the many ways in which it creates unique barriers for their networks while giving a free pass to TWC. Hardly shocking as TWC wrote the bill and is calling the shots via Rep. Avila (whose own district opposes the bill). Now Asheville has passed a resolution against the bill [pdf], fearing its passage would derail their public safety network. The staff report explains why:
The stated purpose of the bills is to protect jobs and promote investment in North Carolina. The mechanism for protection is structured as restrictions on local government on engaging in what governing boards deem to be public-purpose communication and/or broadband projects.
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Natural Monopoly in North Carolina: The Need for Community Networks and Competition

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As the North Carolina Legislature considers HB129 and S87 to greatly limit community broadband networks (we analyzed the bill here), it is worth taking a step back to understand why companies like Time Warner Cable provide broadband that is unreliable and comparatively both slow and costly without having other companies come in to offer a better product. The problem is basic economics: the problem of natural monopoly. Ever wonder why you generally don't have a choice between two major operators like Comcast and Time Warner Cable? They have carved up the market due to the costs and difficulty of directly competing with one another. Some folks have a choice of cable companies -- RCN and Knology, for instance, have been successful overbuilders in a few regions (though they went through troubles far worse than most public networks that have been termed "failures"). But for the most part, overbuilding an incumbent cable company is all but impossible -- especially for a private sector company looking for a solid return on investment inside a few years. In the face of a new cable entrant, massive companies like TWC start lowering prices, offering cash or other enticements, and lock both residents and businesses into contracts to deny the entrant any subscribers. Companies like TWC can do this because they have lower costs (through volume discounts for gear, content, and even marketing synergies as well as because they long ago amortized the network construction costs) and can take losses in one community that are cross-subsidized by profits from non-competitive areas. New entrants, both private and public, have higher costs as well as a learning curve. 

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Digging into H129: Another Bill in NC to Limit Local Authority and Broadband Competition

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As we predicted, Time Warner Cable is pushing a new bill in North Carolina to limit competition and local authority to build broadband networks (Save NC Broadband is alive again). H129 purports to be An Act to Protect Jobs and Investment By Regulating Local Government Competition with Private Business - [download a PDF of the bill as introduced]. This bill is another example of state legislators refusing to allow communities to make their own decisions -- imposing a one-size-fits-all policy on communities ranging from the metro area of Charlotte to small communities on the coast and in the mountains. Many of the provisions in this bill apply tough constraints on the public sector that are not applied to incumbent providers, but this analysis focuses only on a few. Let's start with the title:
An Act to Protect Jobs and Investment by Regulating Local Government Competition with Private Business
There is no support anywhere in this bill to explain what the impact of community networks is on jobs. Nothing whatsoever. There is a claim that "the communications industry is an industry of economic growth and job creation," but ignores the modern reality that that the communications industry goes far beyond the private sector. In fact, the recent history of massive telecommunications providers is one of consolidation and layoffs. It is the small community owned networks that create jobs; larger firms are more likely to offshore or simply cut jobs. Certainly all businesses depend on communications to succeed. Unfortunately, they are often limited to very few choices because the of the problem of natural monopoly.
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Whose Internet? NC Communities Should Defend Freedom to Build Networks

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Durham's Herald Sun published our op-ed about community broadband networks in North Carolina. Reposted here:

Who should decide the future of broadband access in towns across North Carolina? Citizens and businesses in towns across the state, or a handful of large cable and phone companies? The new General Assembly will almost certainly be asked to address that question.

Fed up with poor customer service, overpriced plans and unreliable broadband access, Wilson and Salisbury decided to build their own next-generation networks. Faced with the prospect of real competition in the telecom sector, phone and cable companies have aggressively lobbied the General Assembly to abolish the right of other cities to follow in Wilson and Salisbury's pioneering footsteps.

The decision by Wilson and Salisbury to build their own networks is reminiscent of the decision by many communities 100 years ago to build their own electrical grids when private electric companies refused to provide them inexpensive, reliable service.

An analysis by the Institute for Local Self-Reliance (http://tiny.cc/MuniNetworks) compares the speed and price of broadband from incumbent providers in North Carolina to that offered by municipally owned Greenlight in Wilson and Fibrant in Salisbury.

Wilson and Salisbury offer much faster connections at similar price points, delivering more value for the dollar while keeping those dollars in the community. For instance, the introductory broadband tiers from Wilson (10 downstream/10 upstream Mbps) and Salisbury (15/15 Mbps) beat the fastest advertised tiers in Raleigh of AT&T (6/.5 Mbps) and TWC (10/.768 Mbps). And by building state-of-the-art fiber-optic networks, subscribers actually receive the speeds promised in advertisements. DSL and cable connections, for a variety of reasons, rarely achieve the speeds promised.

Curbing innovation

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Interview With Jay Ovittore of Communities United for Broadband

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In another TelecomTV segment, Jay Ovittore speaks with Guy Daniels discussing Communities United for Broadband. This video is no longer available.
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Fibrant Laughs at Time Warner Cable Puny Upgrades

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As we wrote last week, Salisbury's Fibrant -- the newest community fiber network in the country -- launched last week and immediately saw Time Warner Cable respond with an upgrade to its cable plant that allowed it start advertising even faster speeds - a 50/5 tier of broadband (whether they actually deliver that to anyone, I doubt and will wait to see). Fibrant was "only" advertising (and delivering) 15/15 and 25/25 speeds, so some suggested that TWC had taken the top honors away... though for people who know much about telecom technology, most of us will gladly take a 25/25 on fiber-optics over a supposed 50/5 on an old, unreliable coax network. Nonetheless, Fibrant didn't break a sweat, and announced that they were already offering a 50/50 plan though they did not advertise it. I'm not sure why it was not advertised -- though if the reason was to hold a trump card ready in response to TWC's gimmicks, it was a smart move. And Fibrant's 50/50 plan at $85 is cheaper than TWC's 50/5 plan. Though community fiber networks consistently offer better experiences and lower costs, the big incumbent providers are well versed in gimmicks -- communities must keep that in mind as they plan their own networks. This may mean creating higher tiers of service that many only interest a select few, if that, to remind the populace of the technical superiority of the public network. Salisbury has since announced that both 100/100 and 200/200 plans are in the works from their network. A 200/200 will be the fastest plan in North Carolina -- though one wonders how the results of the election will impact the future of community fiber networks in the state. Unable to beat community fiber networks in the market, TWC has repeatedly pushed for crippling laws against communities that would dare create competition against TWC. After the 2010 election, North Carolina has a more conservative state government that may find TWC's lobbying more persuasive. In the meantime, TWC is yet again increasing rates to subscribers, as noted by Stop the Cap!.
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Salisbury's Fibrant Launches, TWC Responds With DOCSIS 3

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In North Carolina, Salisbury has launched the state's second FTTH network, as communities continue to build the next-generation broadband infrastructure in which their massive incumbent providers decline to invest. We have offered in-depth coverage of Fibrant as they prepared to launch the new services. As of Tuesday, Nov 2, the network softly launched, which is to say they will slowly ramp up the number of paying customers as they gain experience and confidence. Stop the Cap! also covered the launch with extensive coverage as well as both praise and criticism for Fibrant's approach.

Some of the 115 early, free testers of Fibrant became the first paying customers Monday, with the utility scheduling installations for 200 other residents on a waiting list.

A local group has posted a number of videos about Fibrant, including a recent one that compares Fibrant's speeds to the pathetic offering of Time Warner Cable (see bottom of this post). In a totally unrelated development (or so Time Warner Cable would have us believe), TWC has rapidly increased its broadband tiers in the region. In this, TWC has joined Comcast in downplaying the role competition has in forcing incumbent investment. If you believe TWC, competition plays no role in their investment decisions, a fascinating approach to succeeding in an area they constantly claim is a very competitive market.

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