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The Battle Over AT&T's Fiber Rollout

Tyler Too writes "AT&T is facing heated opposition from some communities where it wants to deploy its U-Verse fiber network. Ars Technica has a feature looking at the situation in the suburbs of Chicago. 'Legal uncertainty is the rule when it comes to IPTV deployments by telecommunications companies. Neither Congress nor the FCC [has] weighed in on whether services like U-verse require their operators to take out a cable franchise from cities, and no federal judge has issued a definitive ruling.' It's not just Chicago, either: 'With AT&T set to upgrade its infrastructure to support U-verse across its wide service area, this is a battle that could play out in thousands of communities across the country over the next few years.'"

28 of 121 comments (clear)

  1. Re:Fuck AT&T by Rosco+P.+Coltrane · · Score: 2, Insightful

    Because you think your internet communications are safe passing through the other providers? how quaint...

    --
    "A door is what a dog is perpetually on the wrong side of" - Ogden Nash
  2. And you wonder why US is behind on broadband? by cdrguru · · Score: 4, Interesting

    It is this kind of legal wrangling that goes on endlessly. Sure, if everything in the entire country was controlled by The Government there would be fewer people to sue over stuff like this. But I hardly think that would be a solution most people would find acceptable in the end. Like many things, it sounds good until you find out the details.

    OK, so there should be competitive entities. Well, if you are going to spend a billion or so dollars you need to mitigate every risk, right? Unfortunately, the lawyers have set things up such that one risk that is very difficult to mitigate is someone else suing you over some perceived wrong. And yes, trying to run a fiber link is going to distrupt many businesses and push a few under. When those entities have been forced to jump through other legal hurdles to combat all the NIMBY lawsuits and "beautification" lawsuits (you know, those wires are really ugly...) and endless other lawsuits a lot of people feel very justified in suing over what will essentially put them out of business.

    Sure, it is just the changing face of technology. But cable TV has been over-regulated in most US cities for so long that it is going to be a real battle to convince those owners that they bought nothing with all of their franchise fees, taxes, and public meetings.

    1. Re:And you wonder why US is behind on broadband? by hjf · · Score: 2, Informative
      all the NIMBY lawsuits and "beautification" lawsuits (you know, those wires are really ugly...) and endless other lawsuits a lot of people feel very justified in suing over what will essentially put them out of business.
      Not sure what it's like where you live, but look at what happens when you let the monopoly lay ther wires whenever they like:
      http://comunidad.muchoviaje.com/cs/photos/dan/pict ure417.aspx
      That's all over the country. And they can't change it now because it costs a lot of money and the company is not interested in fixing that.
    2. Re:And you wonder why US is behind on broadband? by stupidfoo · · Score: 2, Insightful

      To the (possibly ignorant) observer that just looks like a bunch of people pirating cable to me.

    3. Re:And you wonder why US is behind on broadband? by Jeffrey+Baker · · Score: 2, Insightful

      Mitigate every risk? I suppose they could do that by getting the government to guarantee their revenues and profits ... OH WAIT! They already have that deal! So, nevermind.

      People talk about AT&T like it's the scrappy pull-itself-up-by-the-bootstraps earthly incarnation of capitalism. The truth is that every penny AT&T takes in is made under an essentially free grant of profit by some government agency -- municipal, county, state, or federal. And now that Ma Bell has taken us for hundreds of trillions of dollars, they are trying to fuck us over (more) by rolling out their new services to only wealthy neighborhoods.

      People should realize that AT&T's historical monopoly grants still represent a huge competitive advantage over all other players in the market. So AT&T's actions need to be restrained to prevent them from killing off every competitor. If AT&T wanted to repay write off all past profits made under regulated monopolies, that would be fine. But the current situation requires strenuous local government oversight.

    4. Re:And you wonder why US is behind on broadband? by Qzukk · · Score: 3, Insightful

      But the current situation requires strenuous local government oversight.

      Actually, if the government oversight just looked the other way, ATT could fiber up all the rich neighborhoods they want, and someone else who could do it cheaper could show up and fix up the other neighborhoods, pretty much screwing ATT out of any chance of growth (while the rich neighborhoods start to bitch about their overpriced service).

      Unfortunately, the reason this has stalled so hard is because ATT wants that oversight. The entrenched telcos love government oversight. They just want the government oversight on their competitors, not on them. Simply put, if they were to do something that got these monopoly franchise contracts struck down, they'd be in deep shit, since the competitors would be crawling out of the woodwork and kick their ass. And they know it, so they are locked in this slow dance with the government, trying to weasel out of the contracts while still keeping their monopolies protected by them.

      --
      If I have been able to see further than others, it is because I bought a pair of binoculars.
  3. FCC supporting monopolies again by Salvance · · Score: 4, Insightful

    This is just another example of the government protecting monopolies. Cable rates are outrageous primarily because we have few if any choices (around me, it's Comcast or DishTV or stuck with Antenna). We'd all be better off if the FCC would just allow some good old fashioned competition. Let more cable, phone, broadband, and internet companies offer cable-like options for consumers and the product and/or price will almost certainly improve.

    --
    Crack - Free with every butt and set of boobs
    1. Re:FCC supporting monopolies again by ivan256 · · Score: 4, Insightful

      This has nothing to do with the FCC. Check your town's budget reports to see how big a check they get from the cable company every month is to prevent competition from coming into town. You'll wonder if your representatives have your best interests in mind after all. This isn't about corporate power, the federal government, or the FCC. It's about local government revenues.

    2. Re:FCC supporting monopolies again by moriya · · Score: 5, Informative

      It's not as simple as that, though. The article details a possible legal loophole problem when it comes to IPTV. Since cable TV uses an actual cable line, then it's easy to enforce the law where necessary. AT&T's U-Verse, using IPTV, works differently in that it's "cable but not cable".

      The Ars article has all the details, including the metal giant that they called 52B. It stands around 5ft tall, 4ft deep, and is about 2ft wide. It is big. AT&T wants to build and deploy those boxes wherever they please. Part of the problem is that these so-called tele-comm upgrade is also going to provide video services (like cable). Using IPTV as part of the legal loophole, AT&T wants to put a bunch of these boxes scattered across the towns that they're trying to roll fiber out to. These deployment also affect a section of a town. So unlike a cable TV deployment, service is available to the area where it is immediately available instead to every home in the town.

      Both the suburban communities and AT&T are stuck. Yes, competition is good. We all want a choice. But in legal terms, both sides are stuck and AT&T isn't all that lenient when it comes to what they provide as services.

      * AT&T claims it is not cable and that it's all telecomms.
      * If AT&T deploys, the town is likely to be sued by Comcast and the state DA, citing violation of two laws.
      * If AT&T cannot deploy, the town is sued citing support for monopolies and anti-competitive acts.

      AT&T doesn't want a build-out, which would guarantee the service is provided to every house/building in that town within a limited time period. AT&T also refuses to provide a structured layout plan of where they wish to deploy these 52B boxes (for all we know, it might end up in someone's front yard 5ft from the house). The people in some of these towns do not want that. They also do not want a single corporate entity to be the only choice they have for broadband and cable tv services. So the question continues to remain: Where do you stand?

    3. Re:FCC supporting monopolies again by WhiteWolf666 · · Score: 2, Insightful

      Nonsense. You sound like a shill.

      I find it atrocious that companies shouldn't have to pay something for essentially "free" right of way access to lines. Cable companies are required to carry certain community channels, are a forced to negotiate with the local governments in terms of what sorts of service they are required to provide.

      If they don't want to deal with local governments, they can simply negotiate with every individual land owner for line-stringing rights, or they can go wireless.

      If my local community is going to be forcible taking land from landowners for telecom companies, those telecom companies better follow the landowner's rules, which are represent by the local governments.

      I'm sorry you live in a small town with little choice, but at my location I've got a fair number of choices; I can go with the 2 satellite companies, or 3 cable companies. The 3 cable companies ALL have franchise rights with the accompanying requirements; I get local Chicago public television, and I get state channels, which includes all kinds of political goodies.

      This is not about the FCC allowing good old fashioned competition. This is about AT&T taking my land away. Either buy it from me, or put up with my town's laws/requirements. But don't try and spin this as a free market thing; having the federal government take away land rights from landowners in the name of the world's largest telecom company is most _certainly_ not a free market position.

      --
      WhiteWolf666 an exBush supporter. All you new-school,compassionate,save the children Republicans can rot in hell
    4. Re:FCC supporting monopolies again by hobo+sapiens · · Score: 2, Interesting
      The main problem here is "cherry-picking"
      Maybe, but remember AT&T (SBC) made the same claim about CLECs, ISPs, and Cable companies when these began offering phone service. And really, the cherry picking claims were/are justified. Of course AT&T will do that, at least at first, just like the startup telcos did. But it would seem that turnabout is fair play. If AT&T wants to cherry pick, let em. It isn't going to hurt anyone, maybe except for the cable companies. But then again, they are in some ways worse monopolies than ol Ma Bell.
      --
      blah blah blah
    5. Re:FCC supporting monopolies again by xothermic · · Score: 2, Interesting

      Actually, I'd say it's nothing of the sort. I actually grew up in Geneva, and resided there in 2004 when the city tried to pass a referendum to provide municipal fiber to it's citizens, working with the surrounding towns (St. Charles and Batavia). http://www.geneva.il.us/bb/faq.htm

      The plan seemed pretty good, the city would provide fiber to the doorstep selling bonds to cover the upfront costs. The bonds would be paid back by the subscriber base's monthly fees which were slated to be reasonable ($40-50/mo iirc). There was tons of misinformation spread by Comcast and SBC (now AT&T). Employees of said companies sent out their employees door to door handing out pamphlets that were mostly untruthful and lead people to believe their taxes would increase if the plan went through. The initiative failed, and my assumption to some degree is that the city is still trying to accomplish this (or they are bitter) If you RTFA, the city of Geneva has a great independent streak, currently providing their own water and electricity and this has nothing to do with supporting monopolies or the FCC.

  4. so what? by hjf · · Score: 4, Interesting

    A little competition doesn't harm anyone. There was only one broadband (ADSL) provider here in my country (the largest monopoly). They charged whatever they wanted. One day they went too far (the infamous 4GB cap and $20 for the extra GB or fraction). What happened? Cable modem operators started operating in cities where they didn't provide service, with double the speed and no limits.

    So, Telecom Argentina had to do something to keep their customers: They increased the speed 5x, kept the same price, and removed all kind of caps. That's just capitalism and competition in action. Yes, local cable operators want to "protect their investment", but most of these did that investment 10 years ago, and want to keep earning money without investing in newer stuff. So they go through the legal way in order to stop competition (or to buy a few more months). But, well, sooner or later they either do some spending or competition will eat them. It's just the way it is. It's everyting america stands for, right? Capitalism.

  5. Yadda yadda by SatanicPuppy · · Score: 4, Insightful

    For those who don't want to RTFA, it's the usual mix of local politics, coupled with the regulatory snafu that's arising from the ever-decreasing "difference" between phone and cable companies.

    Basically the phone company is doing a significant fiber upgrade, and trying to slip the whole "we're going to be doing tv soon" idea under the radar of the local people, who've already signed one of those craptastic cable monopoly agreements with comcast...The upgrade also includes large beige junction boxes, which is causing the predictable uproar among the affluent, yard-obsessed yuppies who live in the suburb in question. To add insult to injury, the community just got over a nasty fight with SBC (now part of Verizon), over doing fiber-to-the-house on their own initiative.

    It's all a load of crap at this point anyway. The damn regulation we're using to play phone and cable companies off against each other is hilariously dated, especially since they're all sending the same damn bits, and mostly sending them over the same damn wires!

    We need a simple law to force wire sharing (so we don't end up with five times the amount of bandwidth we need going into every damn neighborhood), and maybe a standard connector for data cables, and we need to step back, and let them fight it out to the death. Forcing those jokers to compete is the only way we'll get decent service for a decent price.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
    1. Re:Yadda yadda by swb · · Score: 2, Interesting

      and getting together enough tax money to do major upgrades could take a decade. If the municipal network provider was able to have the municipality issue tax-free bonds on behalf of the network provider, it shouldn't be hard to raise money to perform significant upgrades, and the upgrades ought be cheaper this way than via a private entity borrowing money from a bank or issuing their own bonds (we'll ignore the broader issue of the "cost" of the bonds tax-exempt status).

      What I think should happen, though, is that cities should build in some of the underground infrastructure -- cable tunnels, equipment vaults, perhaps even mandating a standard for house-to-street cabling connections the same way they do sewer and water connections -- and then require the utilities to use these facilities, but on an equal basis.

      This way the big last-mile problem isn't so big anymore, since there's a pre-built and standard infrastructure in place for running wire.
  6. And people think we have net nutrality already.... by ivan256 · · Score: 3, Informative

    We're not moving away from net neutrality... We never had net neutrality. Neither from the providers, nor from the government.

    Here is a case (and the same thing is happening with Verizon's FiOS) where a company has wires in place, and is sending data, but the local government won't let them send certain data (digitally encoded TV shows) without giving the municipality a cut of their total revenue. It's ridiculous. Worse, this cut of the money is passed directly on to consumers, but most consumers (voters) don't realize that their local government gets between three and six percent of the local cable TV revenues. It's a huge tax that people don't know is there, and that's why they are surprised when their local government doesn't allow a new competitor into the market. Well here's the reason: It's so the town/city continues to get a fat check every month.

  7. Re:I just want some fiber by SatanicPuppy · · Score: 2, Insightful

    Mostly they run fiber near your house, and then send everything the rest of the way on their antiquated copper network. The whole bit in the article is talking about an attempt by AT&T to try to run fiber closer to your house, and how it's flopping for 'em. I wish they'd just do the real deal as well, or do something what the water companies do: run fiber near someone, and let them pay if they want to hook on.

    For a real, high band fiber connection, I'd be willing to put in some change, and I doubt I'm the only one.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  8. Franchise even needed? by theoriginalturtle · · Score: 2, Interesting

    AT&T and other phone providers don't seem to NEED a new "franchise agreement" from any local government because they pretty much already HAVE one and have had it ever since copper wires were laid in. It seems pointless, and fairly stupid actually, to demand that a change in the physical media from copper to fiber would demand some new operating agreement, oversight and (ahem) ***FRANCHISE FEES** with the local government. What we're talking about here is a change in content, not a change in the nature of the communications infrastructure. The local telcos have already had the rights to go bury copper cable all over suburbia, the fact that the new physical medium MIGHT be used to carry some new content is pretty much irrelevant, any more than the fact that phone lines could carry voice *but also* carry fax required any interaction with localities.

    The issue is more likely that Comcast doesn't want the competition, never mind that they already HAVE it from systems that don't involve physical right-of-way, i.e., DirecTV.

    Unrelated question, and obvious attempt to stir up conspiracy hounds: does anyone know if Comcast is subtly or overtly behind efforts to ban or restrict satellite dishes? Seems like there was a move in Boston to ban visible satellite dishes, largely in violation of FCC regs that don't generally permit localities to do so.

    --
    ---------------------------------------
    Rotate the pod, please, HAL....
    1. Re:Franchise even needed? by Wesley+Felter · · Score: 2, Informative

      AT&T and other phone providers don't seem to NEED a new "franchise agreement" from any local government because they pretty much already HAVE one and have had it ever since copper wires were laid in.

      We're talking about a video franchise agreement. Since AT&T was not previously selling video services, they don't have one.

  9. Arstechnica: New Media, Good Ol' Journalism... by Incongruity · · Score: 4, Insightful

    Perhaps this is a bit off-topic, but I really think this story is an excellent example of the high quality journalism that is popping up at arstechnica. This is a very real issue that may well effect a huge number of people and it's good to see an informed, well written bit of investigative journalism coming from a new(ish) source. (read: not the old-media). Bravo to all the folks over at Arstechnica!

  10. Re:I just want some fiber by TheGavster · · Score: 2, Interesting

    well, or do something what the water companies do: run fiber near someone, and let them pay if they want to hook on.

    Does your water company seriously do that? In my town, they wanted to run water to the middle of town to promote denser development. I have a nice little private well and live along the way, and they not only forced me to pay the $5K hookup charge to this new (totally uneeded) line, but also to pay for the pipe running out in the middle of the road, and to take on a monthly fee even though I already have a source of water. On top of it, they copied their work elsewhere in the area and didn't take care in repaving over the trench, so now the road is crap to drive on as well (some genius decided right where your left tires go was a nice place to put a bumpy strip over the pipe). I suppose I could have it worse; rather than pay the subscription+zero volume for the capped off pipe in the basement, an uncle of mine out in Washington State is actually prohibited from using water other than city water. This includes rainwater cisterns, for when there's a storm and the crap public water stops.

    --
    "Because Science" is one step from "Because old book". Try "Because of my experiment testing my falsifiable assertion".
  11. Re:Big Business is against local power by Anonymous Coward · · Score: 2, Funny
    If you knew how much that public access stuff cost, you'd probably wish the money went to something else. Now that we have the internet, it is absurd to spend 50-100 thousand dollars per town, per year for public access. Do you have any idea what that adds up to? It's over $15 million dollars a year in my state alone.
    I remember something from my days of playing SimCity 3000. There was an ordinance you could pass, the "public access television" ordinance. All the strategy sites essentially said "This is intentionally a money-waster." Art imitates life.
  12. Re:I just want some fiber by SatanicPuppy · · Score: 2, Insightful

    Well, they do it here. Of course, our local water utility is semi-privatized...The city spun them off about 50 years ago, so they don't have access to imminent domain and have to play by the rules.

    I'd kinda be interested to see how something like that would work out for fiber...Clearly don't want the federal government involved in it because they'll screw it up, but at the same time, the private companies will do what's best for themselves and to hell with the consumers.

    In the article, the locals had attempted to do FTTP previously, and been intimidated out of it by SBC...They ran some seriously abusive push polls, "Do you want your tax dollars paying for your neighbor to get porn?" and "How many schools do you think will close because tax payers won't support both the school referendum and the fiber referendum?" and the local government caved. Still, local service utility co-ops work pretty well for this sort of thing. Too bad we don't see more of that.

    --
    ad logicam Claiming a proposition is false because it was presented as the conclusion of a fallacious argument.
  13. Re:Big Business is against local power by TellarHK · · Score: 2, Interesting

    I'm an IT manager for a new Public Access entity in Nevada, and let me tell you something - it's a well-spent few thousand dollars per town. As recently as nine months ago, I didn't think public access was an important thing at all but that changed once I saw just how many people really rely on PEG (Public, Education, Government) access channels for a lot of local information and content. You don't watch public access, but grandma does and she's not exactly wired in with DSL nine times out of ten. As we're starting from the ground up, I have a pretty clear insight as to just how much this kind of operation can cost and how much it costs to maintain it and though I can't give you our budget numbers (we haven't had them approved yet, that happens this weekend) I can tell you that our program is going to be running on a shoestring compared to others that get far more than a million dollars per year in operating expenses and have accumulated hundreds of thousands in (highly depreciated) equipment.

    Also keep in mind that the money that funds public access is considered part of the cable company's fee structure, and on the proposed agreement for our city (up for voting this week) it comes out to fifteen cents per monthly bill in charges that actually go to funding capital improvements and buildout to our Public Access program.

    Now, what do communities get from public access?

    In our city, we don't have network affiliates of our own, so our public access is the only way for people to see a community bulletin board and community events videos from groups like the Chamber of Commerce, Boys and Girls Clubs, local youth sports, and of course all sorts of religious content for those people so inclined. In addition, we also broadcast city government meetings live and in reruns so city residents can stay informed even with just the most basic cable account.

    Most PEG programs are non-profits under a 501(c)3 so we're not in it for the money.

    Also, from the examples given in your posting I'd have to say you really don't know much about just what communities use PEG channels for. There may be cases where "townies" get a power trip, but for every case where someone's lawn is regulated to 1.75" (which is more of a homeowner's association nightmare than a local legislative one) you'll get ten major ones such as regulations on billboards and new building developments that actually draw huge crowds of interested viewers both on television and in the hearing room.

  14. Re:I thought Verizon was IPTV by AK+Marc · · Score: 2, Interesting

    Verizon's FIOS is fully CableCard and digital-tuner compatible, meaning your new TV (or new Media Center PC w/tuner card, TiVo, etc) doesn't need anything new or fancy to access the coax running out of the converter. IPTV is *NOT* compatible, and requires device lock-in with conversion boxes.

    I can find precious little on the lo-layer specifications of FiOS, however, it appears to be IPTV. They may build in the converter box to the outside of the house to convert it back to something that "old" boxes can recognize, but from what I can tell, from the head end to the home, it is all IP. It sounds to me like the "we aren't a cellular company" chant from them being a cellular company but trying to get their cellular service to be called something else for differentiation. Just because they complain they they aren't "cellular" doesn't mean that they are, in fact, not cellular. Just because they make up some FiOS name for their particular IPTV product does not make it anything other than IPTV.

  15. The Usual Slashdot Ignorance by doctorcisco · · Score: 2, Insightful

    Only a very few of the first 70 posts show any understanding at all of what's involved. I live in the western Chicago suburbs. Here's the deal.

    1) AT&T wants to deploy fiber which will carry the triple play everyone's been drooling over for the last 10 years: Video, Phone, and Internet on one bill.

    2) Comcast just got done with a very expensive infrastructure buildout in the last 3-4 years in my city, so that their network could deliver triple play services. Before that, large parts of the city could get NO broadband service at all, except from some (necessarily expensive) wireless ISP's that sprang up or $125+/mo IDSL at a whopping 144 kbps.

    3) Comcast, by the franchise agreement, must serve all homes in the city or none. It's the ONLY consumer-friendly provision of the franchise agreement, IMO. So they were required to run the upgraded infrastructure to ALL parts of the city. We have an older downtown full of lower-income, mostly Hispanic residents, and newer, higher-income subdivisions. Guess which residents are very profitable to serve? Guess which residents would be left in the digital dark ages if Comcast weren't bound by the franchise agreement?

    4) AT&T wants it both ways. They want to compete with Comcast. But they refuse to be bound by the ONLY consumer-friendly part of the franchise agreement -- serve everyone, or serve no one.

    5) They also claim the right to drop their ugly green boxes wherever they want. Comcast doesn't get to do that.

    Comcast sucks -- it's expensive, and their internet service blows compared to top-of-the-line DSL, let alone FIOS. But at least everyone can get service, and at least there aren't butt-ugly 5' dark-green steel cubes for Comcast all over the place. AT&T is fighting in court for the right not to serve everyone, and to put their butt-ugly, way too big green boxes wherever they want.

    The moral of the story: Not all super-highspeed-broadband rollouts are good. Some of us here don't want AT&T ramming their accountant-driven priorities down our communities' throats because it's for our own good. "Our" own good is defined as "any household that is most likely to be most profitable for AT&T, and to hell with the rest. Oh yeah, and aren't those 5' dark green steel cubes really attractive?"

    doctorcisco

  16. Fiber - only for the rich... by zerofoo · · Score: 2, Interesting

    The entire point of a franchise agreement is equal coverage for all residents of a town. Here's the deal: if cable companies want to sell into a city or town, they must meet certain service and coverage requirements. Without these franchise agreements, these new fiber services will only be deployed to rich towns (or rich PARTS of towns).

    Look at the FIOS roll-out. Verizon says they are not equipped to handle "multi-dwelling" units. So they deploy FIOS to single family properties. If you live in an apartment or town-house - too bad. They can do this because most towns stupidly think it is a "data" service, and do not require a TV franchise.

    I have standard copper pairs and coax cable in my townhome, why would a strand of fiber be more difficult to install than either of those?

    I'll tell you why. Single-family properties tend to be owned by people with more money than those who own/rent townhomes and apartments, so Verizon uses the excuse that "multi-dwelling" units are too difficult to deploy.

    I hate all these companies. They will only deploy service to rich people where they can make HUGE margins and screw all the rest.

    We need municipal fiber and we need it now.

    -ted

  17. Living in Geneva... by Insightfill · · Score: 2, Interesting

    I can tell you that AT&T's position is pretty goofy. As the former SBC in the area, their fear campaign against community-based broadband was pretty brutal. They bombed the mailboxes with little flyers like here and really soured me more on the company. Now they come around and claim that we need the exact service they were shooting down last year. Sheesh. Those boxes are also pretty huge.