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Google Fiber In Austin Hits a Snag: Incumbent AT&T

AcidPenguin9873 writes "Earlier this year, Google announced that it would build its next fiber network in Austin, TX. Construction is slated to start in 2014, but there's a hitch: AT&T owns 20% of the utility poles in Austin. The City of Austin is considering a rules change that would allow Google to pay AT&T to use its utility poles, but AT&T isn't happy about it. The debate appears to hinge on a technicality that specifies what types of companies can attach to the utility poles that AT&T owns. From the news story: 'Google 'would be happy to pay for access (to utility poles) at reasonable rates, just as we did in our initial buildout in Kansas City,' she said, referring to Google Fiber's pilot project in Kansas City...Tracy King, AT&T's vice president for public affairs, said in a written statement that Google "appears to be demanding concessions never provided any other entity before. ... Google has the right to attach to our poles, under federal law, as long as it qualifies as a telecom or cable provider, as they themselves acknowledge. We will work with Google when they become qualified, as we do with all such qualified providers," she said.'"

178 of 291 comments (clear)

  1. Google will have their way by symbolset · · Score: 3, Interesting

    A torches and pitchforks parade at the AT&T offices and the homes of local executives might be required however.

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    1. Re:Google will have their way by X0563511 · · Score: 1

      AT&T is pretty well used to this by now...

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    2. Re:Google will have their way by symbolset · · Score: 3, Funny

      There is a reason AT&T offices are built to withstand a prolonged seige.

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      Help stamp out iliturcy.
    3. Re:Google will have their way by ron_ivi · · Score: 5, Insightful

      torches and pitchforks parade at the AT&T offices

      Isn't this almost exacty what Eminent Domain laws are designed for. If some private company's blocking use of resources important to public or civic use (those cable right-of-ways) the government pretty much gets to take them and pay whatever it says they're worth. Or do they only use those laws to kick out poor people for huge corporate developers?

    4. Re:Google will have their way by dugancent · · Score: 1

      This would fall under easement laws, not eminent domain.

      --
      SJWs are the new boogeyman. -Me
    5. Re:Google will have their way by ron_ivi · · Score: 1

      I was hoping the government would take the poles in their entirety, rather than trying to get them to share.

    6. Re:Google will have their way by toastar · · Score: 2

      Easement laws in the US are a form of eminent domain.

    7. Re:Google will have their way by timeOday · · Score: 3, Insightful

      Do people not even read the summary any more? What AT&T wants is for their competitor, google, to be regulated as a utility, as AT&T is, before using the utility poles. It's not that unreasonable. If the outcome is that the regulations are out of date and eased for both AT&T and google, that's fine too.

    8. Re:Google will have their way by geminidomino · · Score: 2

      Is AT&Ts internet access regulated as a utility, too? If not, I could see that coming back to bite them (and see myself basking in the glow of warm schadenfreude).

    9. Re:Google will have their way by interkin3tic · · Score: 1

      Only virtually all the time! IN THEORY it could!!! I'm not being facetious. With more money AND voters potentially being on their side, google could have enough power to use it against AT&T.

    10. Re:Google will have their way by rahvin112 · · Score: 1

      They don't pay "whatever they say it's worth". The law is that they pay what fair market value is as appraised by independent appraisal. This includes that if the owner doesn't believe the appraisal was accurate they can pay for their own appraisal and use that as a club against the price.

      Failure to pay fair market value will get a government agency stomped in court faster than you would believe is even possible. Most Judges if they believe the offer was low balled deliberately will award costs equivalent to the highest appraisal as a punishment.

      Don't think for a minute the Austin government purchasing those poles under eminent domain is going to be at all cheap. In fact it just might be cheaper to put up all new poles.

    11. Re:Google will have their way by gmack · · Score: 2

      Not exactly, they want Google to qualify as a telecom or cable provider when, in fact, they don't qualify as either since they only provide internet access and not phone or TV broadcasts,

    12. Re: Google will have their way by iamhassi · · Score: 3, Informative

      Did any read the summary? AT&T said google can use the poles, you just have to be a cable provider or telecom like everyone else that uses the poles. That seems fair to me. Come on Google go buy another company and run some wires!

      --
      my karma will be here long after I'm gone
    13. Re: Google will have their way by TWiTfan · · Score: 5, Insightful

      google can use the poles, you just have to be a cable provider or telecom

      I imagine that AT&T-owned legislatures will make their certification as a telcom or cable provider about about as easy as it would have been for Malcolm X to get a voter registration card in Mississippi.

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    14. Re: Google will have their way by pepty · · Score: 3, Interesting

      Did any read the summary? AT&T said google can use the poles, you just have to be a cable provider or telecom like everyone else that uses the poles. That seems fair to me. Come on Google go buy another company and run some wires!

      Is VOIP + 911 service enough to get you qualified as a telecom provider? AT&T might regret asking Google to undercut them on phone service ...

    15. Re:Google will have their way by thaylin · · Score: 1

      He said Google, not ATT

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      When you cant win, ad hominem.
    16. Re:Google will have their way by thaylin · · Score: 1

      I dont think they will have to purchase them. They are already on public property under easment, they can just require fair use by ISPs at the same costs as telcoes and cable providers.

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      When you cant win, ad hominem.
    17. Re:Google will have their way by alen · · Score: 2

      google fiber does TV and phone as well, not just internet

    18. Re:Google will have their way by thaylin · · Score: 1

      Except that being on someones else's property requires them to have a permission to be there, and there are restrictions on that permission, and that permission is probably predicated on the laws mentioned in the article they are thinking about updating. I never mentioned "taking" the poles, but requiring the fame faire use for ISPs currently required for cable and telcoms. ATTs on words indicate their is ample capability on the poles for Google.

      --
      When you cant win, ad hominem.
    19. Re: Google will have their way by CreatureComfort · · Score: 1

      I imagine that Google could buy AT&T's legislators with pocket change dropped in the company lunch room.

      An honest politician is one that stays bought.

      We ain't got no honest politicians in Texas.

      --
      "Unheard of means only it's undreamed of yet,
      Impossible means not yet done." ~~ Julia Ecklar
    20. Re:Google will have their way by quetwo · · Score: 1

      Which is funny, as AT&T is starting petitions (and passing laws) in many states to no longer be considered a common carrier and be regulated as a utility.

    21. Re: Google will have their way by symbolset · · Score: 1

      AT&T wants the federal government to protect them from Google, postponing the rollout for a decade or two. The FCC is a wholly owned subsidiary at this point. The city of Austin has other plans. They want their Google Fiber NOW and have the example of Overland Park to show what happens when you drag your feet.

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    22. Re:Google will have their way by rahvin112 · · Score: 1

      You are way outside the bounds of what you know and are speculating highly incorrectly. Those poles are there by either a defined permanent easement, by prescriptive right or are in public ROW as a public utility (and bound by public utility laws). They are the property of ATT and no one can tell them how they can use those poles with the one exception that if the pole is situation in public ROW the government can place restrictions on sharing the poles with other public utilities, but if the poles predate the roadway or the poles are within an easement owned by ATT the government can't regulate them at all because they are private property.

    23. Re:Google will have their way by mbkennel · · Score: 1


      AT&T want Federal regulatory policy and definitions to apply to an ordinance of the Austin municipal code, because that strange interpretation kneecaps a competitor.

      There is also Federal law on this about pole access. A court of Appeals ruled that the law allows access "by" a telecom or cable provider even if the wires so being attached do not necessary carry only legacy telecom or cable data.

      So presumably Google could provide telecommunication services somewhere in the USA so regulated (not even necessarily Austin) and then that qualifies them. Simplest solution for Google is to form a regulated subsidiary.

    24. Re: Google will have their way by mattack2 · · Score: 1

      Ron Paul isn't an honest politician? He votes AGAINST spending measures that would benefit his own constituents.

    25. Re: Google will have their way by Jartan · · Score: 1

      Ron Paul isn't an honest politician? He votes AGAINST spending measures that would benefit his own constituents.

      Nobody claimed he wasn't republican.

    26. Re: Google will have their way by rioki · · Score: 1

      The actual poles are probably not the issue, the square foot they are planed on is more of interest.

    27. Re:Google will have their way by RivenAleem · · Score: 1

      Then perhaps we should use tow cables?

    28. Re: Google will have their way by RivenAleem · · Score: 2

      Exactly! Lets build our own city with blackjack and hookers (but no pole-dancers)!

    29. Re: Google will have their way by mattack2 · · Score: 1

      Most Republicans vote for pork barrel spending bills for their locales as much as Democrats.

    30. Re:Google will have their way by thaylin · · Score: 1

      except none of that contradicts anything I said.

      --
      When you cant win, ad hominem.
  2. ISPs: stupid, monopolisitic by i+kan+reed · · Score: 4, Insightful

    There's not a lot to say in favor of [local telecom] just about anywhere in the U.S. Their margins are higher than any other substantial industry, and yet they're constantly in fear of even microscopic changes, pushing absurd protectionism through every level of government.

    1. Re:ISPs: stupid, monopolisitic by sqrt(2) · · Score: 4, Insightful

      Decades of absurd protectionism is how they achieved those margins. It's their only viable business model at this point. They are terrified of becoming a provider of a commodity product, a dumb pipe for bits that anyone can compete with. There's no easy way for a business to justify readjusting to lower (realistic) profits after raking in unreasonable amounts of money for so long. It'll look like a huge loss to their investors, and not what it really is; a return to sane market equilibrium and healthy competition. Investors will consider the leadership to have failed massively, and they'll be held accountable. So the leaders are doing what they can to stop it. It's a perverse system.

      --
      If you build it, nerds will come. Soylentnews.org
    2. Re:ISPs: stupid, monopolisitic by interkin3tic · · Score: 1

      There's no level of profit which is ever "good enough" to any company, or even most people. Human nature, or maybe just nature, is to grow accustomed to what one has and then immediately seek to gain more. Cancer cells or really any other living thing will consume food until it reaches starvation. With monopolies or in other profitable times, companies don't just stockpile money usually, they spend it trying to grow bigger. Those that do are rare, and dumb things often happen when they do stockpile

      Granted, investors, shareholders, and executive boards should ideally be able to have better foresight than cancer cells, but in reality they don't.

    3. Re:ISPs: stupid, monopolisitic by Sarius64 · · Score: 5, Insightful

      Exactly. On top of this, AT&T wishes to compete with Google as an ISP but under the guise of a telco instead. Whereas in San Diego, for instance, AT&T used their ISP status to force fair use on the existing utility conduits established by Cox and Time Warner. Seriously praying for Google to come to San Diego. Reno too for the rest of the family. :)

    4. Re:ISPs: stupid, monopolisitic by Shatrat · · Score: 2

      How about Google just partners with some local smaller carrier like Fiberlight or Transtelco, has them build the cable, and then just buys the fibers they need out of it? The company I work for attaches to AT&T poles every day, because we're a carrier and they have to sell that space to us if it's available. Likewise we have to let other carriers attach to our poles. This is not news to anyone who knows anything about fiber.

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    5. Re:ISPs: stupid, monopolisitic by fermion · · Score: 1
      Did Google not do it's homework? Is it not a competent company? Or is just trying to gain access to the easy customers, the low hanging fruit, and using the media to make it look like a victim.

      I can tell you there are places where ATT is not. In Houston, for instance, there are many areas where ATT and Verizon do not offer service. Dense urban areas. Areas that if Google came in and set up wifi it would improve the quality of life greatly. But no, they cannot do this. They have to go to Austin which is overstaturated. It really makes no sense that they would choose Austin, much less fight for it. If Google Fiber is there to bring access to the people, then there is really no clear reason for them to be in Austin.

      --
      "She's a scientist and a lesbian. She's not going to let it slide." Orphan Black
    6. Re:ISPs: stupid, monopolisitic by Some_Llama · · Score: 1

      this is probably the best summation of the telecoms in regards to their business model and it's problems that i've ever seen.. i'd mod you up if i could!

    7. Re: ISPs: stupid, monopolisitic by Drgnkght · · Score: 2

      I disagree. Google seems to be most interested in disrupting the stagnant pricing and services provided by incumbents. Setting up where the incumbents are not, while irritating, won't force them to fight to keep their existing customer base.

  3. A monopoly wants as little competition as possible by Crashmarik · · Score: 4, Insightful

    No surprise from ATT, I doubt anyone expected anything from them except obstructionism. Cheers to the City Council for taking action that is obviously in their constituents best interest.

  4. Just to get this straight by MightyMartian · · Score: 5, Insightful

    So, just to get this straight, a company who gained its position through a helluva lot of taxpayer dollars, much of it in the form of last mile access on public lands, now decides it has some ethical and moral right to block a competitor.

    I say that every single time one of the old telco descendants does this, they are sent a bill with interest for every nickel directly or indirectly they received from the public purse, payable immediately.

    --
    The world's burning. Moped Jesus spotted on I50. Details at 11.
    1. Re:Just to get this straight by Attila+Dimedici · · Score: 4, Insightful

      No, AT&T is not claiming some ethical and moral right to block a competitor. They are claiming a legal right to do so. They do not spell it out, but it seems to me that they are, also, claiming a legal obligation to do so (although that impression may be a misreading of the reporters interpretation of their statement).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    2. Re:Just to get this straight by girlintraining · · Score: 3, Insightful

      So, just to get this straight, a company who gained its position through a helluva lot of taxpayer dollars, much of it in the form of last mile access on public lands, now decides it has some ethical and moral right to block a competitor.

      Actually no. They have no ethical or moral rights and never has. They are a business, not a person, and federal law be damned. What they do have, however, is a legal right, purchased through years of lobbying efforts to our legislators, who are now thoroughly corrupted -- 97% of our candidates for federal positions who won had more money than their opponent. Democracy at work.

      The only reason that Google might bust them up on this is because everyone loves Google, it's new and hip, while AT&T sounds like some 60s throwback dinosaur that can safely and quietly be shoveled out the door or sacrificed on the altar of public opinion. And Google knows this!

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    3. Re:Just to get this straight by alen · · Score: 2

      same with google
      they got where they are by riding on the back of the networks and content built and made by others and now don't want to register as a cable company when they are providing cable services like everyone else

    4. Re:Just to get this straight by LWATCDR · · Score: 1

      Are the poles on public ride of way. If so then to bad for AT&T.

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      See my blog http://ilovecookes.blogspot.com/ for light hearted technical information.
    5. Re:Just to get this straight by Fjandr · · Score: 2

      No, the poles run through easements that AT&T negotiated with the various landowners in their way. The poles themselves are wholly owned by AT&T. Exactly what the terms of those easements are is going to have significant impact on whether AT&T can be forced to open up their poles for Google's fiber lines.

    6. Re:Just to get this straight by Areyoukiddingme · · Score: 1

      The poles themselves are wholly owned by AT&T.

      Except they're not, in Austin. The power company owns the majority of the poles, not AT&T. Another poster says AT&T only own 20% of the poles in the city.

    7. Re:Just to get this straight by Attila+Dimedici · · Score: 1

      Then the government should be within their legal right to possess the utility poles through eminent domain, or reassess the right-of-way that allows ATT to operate over public and privately (non-ATT) held land.

      Which government would that be? And I am interested that you support the government "fix" the discrepancy between moral and legal rights. Do you support a similar position on abortion? And if so, whose morals?

      Of course, that overlooks the fact that you seem to be asserting that AT&T is violating some moral right that Google possesses to connect to their utility poles. Just because AT&T does not assert a moral right to block Google does not mean that Google has a moral right to that access. Further, if my reading of the situation is correct, AT&T is saying that they have no choice under the laws, regulations, and contract AT&T is party to, but to refuse Google access to the poles unless Google submits themselves to the regulations that cover a telephone company or cable provider.

      Since I am not familiar with all of the complex laws and regulations governing telephone companies and cable providers, I have no way to know if it would be right, or wise, to force AT&T to allow Google to connect to their utility poles. I will say this, getting the government out of a market is never in the interest of established monopolies (if the government truly gets out of the market and it isn't really a smokescreen for more onerous regulations at another chokepoint in the same market).

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    8. Re:Just to get this straight by Bengie · · Score: 1

      I was reading about a few cases where the local land owners successfully sued a telecom for using easements. The state said the telecom had permission, but then the land owners turned around and got $150/foot plus a cut of future revenue generated by the lines. They did this in several different states. I'm sure the local populace could make it a huge headache for AT&T.

    9. Re:Just to get this straight by Fjandr · · Score: 1

      There are, in fact, such things as private easements. An easement is simply the right to use property to which you do not have title. Such rights can come about as a result of private contracts, government grants, or eminent domain.

  5. Funny ... by gstoddart · · Score: 4, Insightful

    Funny how AT&T gets an easement to use public (and sometimes private) lands for this, and then over time it becomes 'their' property to be used at their discretion.

    In other words, the incumbent who got there by using public resources is now acting like they're private resources.

    Such horse shit, and just more of governments allowing corporations to own what it essentially infrastructure paid for and used by all of us.

    --
    Lost at C:>. Found at C.
    1. Re:Funny ... by Just+Some+Guy · · Score: 1

      But those physical poles are in my physical backyard. If I have to grant utilities an easement, then I am perfectly fine with them having to grant an easement to other utilities.

      --
      Dewey, what part of this looks like authorities should be involved?
    2. Re:Funny ... by Fjandr · · Score: 1

      And when you bought that land, somewhere in the contract was a requirement that you continue to extend the easement to AT&T. It's like an HOA, or any other property covenant. Once your land goes in, it's nearly impossible to get it back out.

    3. Re:Funny ... by Just+Some+Guy · · Score: 1

      Yes, I understand. That doesn't contradict my message: I have to grant an easement to utility companies to set poles in my backyard. As a whole, this is a good thing since it prevents private entities (like a cranky neighbor) from blocking deployment of those utilities to everyone else.

      In the exact same vein, I think it's unreal that AT&T - who owns that pole in the easement in my backyard - can block deployment of a utility that everyone wants to use. If I had to grant an easement to AT&T, I think it's completely fair that they should be forced to grant an easement to Google to use the pole for its intended purpose.

      You and AC seem to think that I'm against utility easements when I said nothing of the sort.

      --
      Dewey, what part of this looks like authorities should be involved?
    4. Re:Funny ... by Fjandr · · Score: 1

      What part of my comment lead you to believe I was arguing that people should be able to arbitrarily back out of easements? I was simply stating why people can't back out, not arguing they should be able to.

    5. Re:Funny ... by Fjandr · · Score: 1

      Nope, didn't take your message as an argument that you should be able to back out. I apologize if it came off that way.

  6. Why is Google not a telecom? by Sez+Zero · · Score: 5, Interesting

    If they are, can't they use the poles under FCC reg? If not, why are they not considered a cable company or telco? Is it because they don't want to follow some regulation that would be required if they have that status?

    1. Re:Why is Google not a telecom? by Formorian · · Score: 4, Informative

      I believe it's narrowly defined as telephone service and VOIP doesn't count. According to AT&T spokeperson, Google even agree's they don't fit the requirement as a telecom.

      So like I posted below, update the regulation to include any form of communication, or if you want to keep it narrow add ISP's. I don't think even if the fed's don't change it, that AT&T has a leg to stand on. The city owns the right of ways and can change what's allowed within their borders IMO. But IANAL.

    2. Re:Why is Google not a telecom? by NapalmV · · Score: 5, Informative

      Because they would fall under FCC Telecomunications Act of 1996, section 702. Which would obliterate their existing business.

    3. Re:Why is Google not a telecom? by hawguy · · Score: 1

      I believe it's narrowly defined as telephone service and VOIP doesn't count. According to AT&T spokeperson, Google even agree's they don't fit the requirement as a telecom.

      So like I posted below, update the regulation to include any form of communication, or if you want to keep it narrow add ISP's. I don't think even if the fed's don't change it, that AT&T has a leg to stand on. The city owns the right of ways and can change what's allowed within their borders IMO. But IANAL.

      So can Google form a telecom subsidiary that provides voice service that also leases fiber bandwidth back to Google for use in delivering Gigabit Ethernet?

      I'm sure they can find a small CLEC that would run the voice service for them.

    4. Re:Why is Google not a telecom? by symbolset · · Score: 1

      Google doesn't need to be a phone company under federal law to provide gigabit fiber to Austin, TX. This is a local matter, and it appears the local government is handling it just fine.

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      Help stamp out iliturcy.
    5. Re:Why is Google not a telecom? by jratcliffe · · Score: 4, Informative

      If they are, can't they use the poles under FCC reg? If not, why are they not considered a cable company or telco? Is it because they don't want to follow some regulation that would be required if they have that status?

      Pretty much, yes. Good description in the link below. Essentially, Google is an information service provider, regulated under Title 1 of the Telecom Act of 1996. If it were willing to be regulated under Title 2, as a telecom service provider, then it would qualify for pole attachment access guarantees. I fully agree that the language in the 1996 Telecom Act regarding pole access should be broadened to cover Google, but it seems that AT&T has a pretty decent case that it doesn't cover Google, as written. http://www.kandutsch.com/articles/access-to-utility-poles-for-ftth-providers

    6. Re:Why is Google not a telecom? by Anonymous Coward · · Score: 5, Informative

      I'll google that for everyone else:

      Sec. 702. Privacy of customer information.

    7. Re:Why is Google not a telecom? by FuzzNugget · · Score: 2

      HA! Right, because AT&T et al have been absolute saints when it comes to keeping customers' data private *cough*NSA lapdogs*cough*iPad email debacle*cough*

    8. Re:Why is Google not a telecom? by swb · · Score: 2

      Everybody hates existing internet providers for all the usual reasons, inflated prices, crappy services and restrictive and sometimes secretive rules designed to limit actual use of the service along with degradation of connections delivering services that compete with the services provided by the internet provider. I'll agree to that.

      But why do I have a suspicion that while Google's fiber product is currently presented as some kind of benevolent, monopoly disrupting service, is it really going to stay that way long term, or is it eventually going to be another flavor of cable internet with restrictions that serve to promote Google's service and inhibit competitors?

      While I think that AT&T is just foot dragging to avoid losing business here, I think there's something to the idea that Google wants to look like a telecom but not play by the same rules.

    9. Re:Why is Google not a telecom? by meerling · · Score: 1

      Because they are delivering "data" rather than "phone" or "television".
      That same dodge has been used in a lot of places, including here, to screw with internet providers trying to get access to the backbone or homes.

    10. Re:Why is Google not a telecom? by dragon-file · · Score: 1

      They should just run their shit anyway. Easier to ask for forgiveness than permission. But TINLA.

      --
      Whenever a player quits EVE to go play WoW, the Average IQ of both games increase.
    11. Re:Why is Google not a telecom? by swillden · · Score: 1

      Because they would fall under FCC Telecomunications Act of 1996, section 702. Which would obliterate their existing business.

      Would it? I don't think so. 702 requires telcos to keep their customers' information confidential, but Google does that already. It might be interpreted to require Google customer approval to deliver ads to them; it's not clear how 702(d)(3) would be interpreted in this context. But assuming Google did that, I don't think 702 would interfere with Google's operations (in my non-lawyerly opinion).

      The bigger issue is that Google isn't a telephone company.

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    12. Re:Why is Google not a telecom? by wiredlogic · · Score: 1

      AT&T seems to get along just fine ignoring that law.

      --
      I am becoming gerund, destroyer of verbs.
    13. Re:Why is Google not a telecom? by Anonymous Coward · · Score: 1

      With as many loopholes as the rest of the legal system has for wealthy corporations, I'm sure Google could have a fully-owned subsidiary or other legal structure that would let them be a telco and not-telco simultaneously by filing the proper paperwork.

    14. Re:Why is Google not a telecom? by Cid+Highwind · · Score: 1

      Because eventually they will. But when they do, they'll be a monopoly that's in the business of selling gigabit+ symmetric connections at a price mere private individuals can afford.

      "Home" service from the current monopolies top out around 100 Mbits down and 10 up, and they show no sign of wanting to push those top speeds up, probably out of fear of cannibalizing the huge margins on their $250+/month "business" lines.

      --
      0 1 - just my two bits
    15. Re:Why is Google not a telecom? by athenaprime · · Score: 1

      Didn't Google buy Motorola? Could they use that as an inroad to telecom? Or am I way off base?

  7. Free Market Lies by Daemonik · · Score: 4, Insightful

    This is why free market utopianism is such a crock. Business do not want to compete with each other and will use every ounce of their power & every legal trick they can create to prevent an upstart from disrupting their markets.

    Ironically the only way to have a free market is if the government forces them to.

    1. Re:Free Market Lies by Danathar · · Score: 3, Insightful

      You assume a government free of control by outside forces.....

    2. Re:Free Market Lies by gstoddart · · Score: 2

      You assume a government free of control by outside forces.....

      Like lobbyists, political contributors, and industry reps being appointed to run regulatory bodies.

      In other words, can't happen.

      --
      Lost at C:>. Found at C.
    3. Re:Free Market Lies by Anonymous Coward · · Score: 1

      The city of Austin has rules that protect ATT. How is this the fault of the free market? This is corporatism not capitalism.

    4. Re:Free Market Lies by MobyDisk · · Score: 5, Insightful

      The entire point of the article is that there is no free market here. So you have drawn the wrong conclusion.

      The problem is that AT&T has been granted local monopoly power over utility poles while monopoly power as the local telecom company. If they were a for-profit company who built and maintained utility poles, they would have incentive to get as many wires onto those telephone poles as they could safely fit. This is why many states are deregulating power by separating the local power company, who maintains the power lines, from the power providers who put power onto those lines.

    5. Re:Free Market Lies by bradrum · · Score: 2

      This is huge in Texas. Just notice the dry laws in North Texas. There are areas in the North Texas that have a huge number of liquor stores that make insane profits. These areas are owned by those with great political power so that they can make the revenue off the booze sales from nearby areas where cannot by booze.

      When people say in Texas say "free market", they usually mean that there is regulation that benefits their access to markets while limiting the access of others. So its essentially "free for me". A good example of this was when my friend and me tried to setup an ISP in central texas, much to our chagrin, we realized that only certain corporation$ or people are free to do that.

      I know this happens in a ton of other places (say for instance in New York, where I live now). It is just funny that in Texas there is such a conflict between what politicians say about "free markets" and how the markets actually stack up.

    6. Re:Free Market Lies by MightyYar · · Score: 3, Insightful

      I don't think there are very many people who believe in a free market "utopia". It's just that many people rightly point out that free markets tend to be more efficient than governments. This is great when efficiency takes priority over all else - like, say, the cost of a roll of scotch tape. For things like utilities, most people agree that there are other factors besides raw price that are important: wires strung all over the place is ugly and complicated, and yet restricting to a single right-of-way tends toward monopoly over the lines. The difficult bit is managing the tradeoff between government corruption and inefficiency versus free market weirdness like supply and demand instability and exclusion of non-economic considerations.

      There is not and there never will be a "right" answer or a correct balance - every possible solution has pros and cons. Like any dynamic system, caution should be taken when making adjustments. Just as violently shifting an aircraft's controls will lead to instability, suddenly changing the rules of commerce can lead to things like rolling blackouts in CA.

      Back on topic, tweaking the utility pole rules to allow Google to hang fiber on them seems like a reasonable path forward.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    7. Re:Free Market Lies by gstoddart · · Score: 1

      And to me it's evidence of why it will never work.

      Because it assumes perfect conditions that won't happen, rational decisions by consumers, and no corruption/collusion, and an environment where others can come to the game.

      In reality, over time, it becomes about protecting the interests of those with access to power and becomes something else entirely.

      And the oft-touted solution of removing regulations (or hiring someone from industry to be in charge of them) doesn't ever seem to do anything but make matters worse.

      All tyrants and despots like to believe that if they could only force everybody to live as they believe we should, then all would be perfect. And this is no different with the people who would dismantle market regulations to protect consumers (or the environment) -- they act like if they only threw the world into chaos everything would sort itself out.

      In that regards, I don't see some of the Tea Party as being any different from Pol Pot in their complete disregard for the casualties which would be necessary to bring about their perfect system (which in the end would be nowhere near as perfect as they think).

      The notion that to make an omelette you need to crack some eggs has been repeated by people who would destroy society under the guise of making it better. The funny thing is, those people are never willing to be the eggs. It's tyranny wrapped up in the belief that people need to be forced to see the truth as you see it, and that history would then vindicate you.

      --
      Lost at C:>. Found at C.
    8. Re:Free Market Lies by sqrt(2) · · Score: 1

      You really, really, really, don't want a "free" market anyway. A "free" market leads to Somalia. What you want is a fair market, and a fair market requires government intervention to stop one company from becoming so dominant that they can dictate all the terms. This naturally happens from time to time and requires government to force the company to break up so the market can be "reset" and healthy competition restored.

      It's also possible for the mechanism of government intervention to be captured and used for the opposite of its intended purpose. That's what's happening here with AT&T. But this is not inevitable or uncorrectable, and it is not a knock-down argument against ever using government intervention to make the market fair. It can work effectively and provide better outcomes, it has worked in the past, it will work in the future.

      --
      If you build it, nerds will come. Soylentnews.org
    9. Re:Free Market Lies by TubeSteak · · Score: 1

      There is not and there never will be a "right" answer or a correct balance - every possible solution has pros and cons.

      We don't have to let private corporations own infrastructure installed through easements.
      A government chartered non-profit corporation has all of the pros and less of the cons.

      There's no reason why the city couldn't reclaim AT&T's telephone poles at market rate, then lease it back to AT&T and anyone else that wasn't to use 'em..

      --
      [Fuck Beta]
      o0t!
    10. Re:Free Market Lies by ganjadude · · Score: 1

      if it were a true free market, google would be able to put its own poles up, it was like this in the past where every network had its own overhead poles, it didnt work out so great. There are some awesome photos that I just cant seem to find right now that show NYC in the early days full of poles and cables and it was a disaster, a beautiful disaster however

      --
      have you seen my sig? there are many others like it but none that are the same
    11. Re:Free Market Lies by AK+Marc · · Score: 1

      AT&T could act in a manner to foster competition. They do not. That is a failure of the Free Market.

    12. Re:Free Market Lies by meerling · · Score: 1

      The actual "Free Market" is an economic utopian theory, and like all the other utopian theories, it is unrealistic and doesn't exist. All the stuff that claims to be a free market, is either lying, or stupid.

    13. Re:Free Market Lies by bradrum · · Score: 1

      Yes basically Texas industry is very good at painting politicians as against "free market" ideals if they try pass regulations that either hurt themselves or help others (including the actual citizens).

      Take for instance the case in West Texas where bail bondsmen lobby to keep the amount of bail bonds high for petty crimes. While many sherifs want to lower the amount of said bail, all the bails bondsmen have to do is say that sherifs are "soft on crime". Many people are caught stuck in jail for really stupid stuff to satisfy the business needs of bail bondsmen.

    14. Re:Free Market Lies by Daemonik · · Score: 4, Insightful

      You act as though the regulations came out of a vacuum. AT&T lobbyists created those regulations and their pet congressmen & senators enacted them. Because the regulations limit who can compete against AT&T.

      If corporations had no influence on government, THEN you could cry about government intervention. Every person with a functioning brain, however, knows that corporations are deeply mired in our politics and they heavily influence what regulations will effect them.

    15. Re:Free Market Lies by Ichijo · · Score: 1

      When you refer to a "free market," do you mean a market free of regulations or a market free of monopolies? Choose at most one.

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    16. Re:Free Market Lies by jon3k · · Score: 1

      There's no irony here because the entire situation was created by the government granting someone a [mon|du]opoly. You can't break capitalism then blame capitalism for the current situation.

    17. Re:Free Market Lies by saleenS281 · · Score: 1

      Sure there is - government owns the wire, and ISP's provide access at an aggregate point. There is absolutely *NO REASON* every home in this country shouldn't be wired with a single-mode fiber line installed and maintained by the government. THEN we could have *REAL* free market competition at an aggregation point instead of this bullshit monopoly/duopoly that screws the consumer and allows ISP's to pull this shit.

    18. Re:Free Market Lies by MightyYar · · Score: 1

      Sure there is - government owns the wire, and ISP's provide access at an aggregate point.

      Are you seriously claiming that the government running the "pipes" wouldn't have any drawbacks?

      I can think of a few without trying very hard:
      1. Government tends to reduce costs in the short term at the expense of the long term because they don't have to follow their own accounting rules. As an example, they under-pay employees but make up for it with generous future benefits that don't show up on a balance sheet.
      2. Government has very little incentive to upgrade the capability of the infrastructure. This same criticism applies to monopolies, though they are at least susceptible to disruptive technology (e.g. solar panels eating into electricity business, mobile phones eating into phone business, etc.).
      3. Government is susceptible to graft and corruption, and this is highly correlated to the amount of power that they have. As an example, look at how tool booth collectors are hired. Look at the fact that they still exist at all!

      It may very well be a reasonable option to have the government provide the pipes, but let's not pretend it is "perfect". You can put out a competitive bid for maintenance of the pipes and probably get most of the same benefits without the unfunded liabilities - similar to how some states handle the separation between electricity production and distribution.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    19. Re:Free Market Lies by MightyYar · · Score: 1

      The city already controls the poles - I'm not sure why they need to buy them. I'd rather the city not be in the pole-citing and maintenance business. It's not their area of expertise and it provides no tangible benefit.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    20. Re:Free Market Lies by saleenS281 · · Score: 1

      I'm seriously claiming that. Everything you've listed above exists in the private sector, only it's worse - because they've made it abundantly clear their end-goal is to do the absolute barest minimum to maximize profit. I've lived in places with municipal broadband and it shitstomps local incumbents in every, way, shape, and form. From faster response to service requests to better overall service. That's why they fight so hard to keep it from coming to fruition.

    21. Re:Free Market Lies by Rockoon · · Score: 1

      This monopoly was created by government regulation, so where do you get off saying to pick between regulation and monopoly?

      --
      "His name was James Damore."
    22. Re:Free Market Lies by Rockoon · · Score: 1

      In a free market, how AT&T acted wouldnt matter unless it acted in a way that provided a competitive service.

      Its a failure of government.

      --
      "His name was James Damore."
    23. Re:Free Market Lies by Ichijo · · Score: 1

      Since this monopoly was created by government regulation, we have neither a market free of regulations nor a market free of monopolies. This means Austin chose none, which I allowed by saying "[c]hoose at most one."

      --
      Any sufficiently unpopular but cohesive argument is indistinguishable from trolling.
    24. Re:Free Market Lies by AK+Marc · · Score: 1

      A "free market" is not a market free for suppliers to act in bad faith against each other, but a market free of encumberances, including those placed by other suppliers.

      That the government is irrelevant to a free market, other than lots of strict governmental interference would be required to enforce a free market.

    25. Re:Free Market Lies by MightyYar · · Score: 1

      No, #1 is certainly not worse in the private sector. They would love to do it, but they are disallowed from doing so by law. Meanwhile, underfunded pensions and unfunded retiree healthcare benefits abound in the governments of the USA.

      Doing it at the municipal level helps with #3, since the Feds or state can come in and stomp all over corruption. But the problem with doing it at the municipal level is that you lose the ability to force the telcom to provide rural service. Muni broadband is pretty good, because it only has to deal with the densely populated area and not with the people out in the sticks like POTS did.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    26. Re:Free Market Lies by AK+Marc · · Score: 1

      A free market is one where the barriers to entry are low, and information is free. This results in the most efficient prices and greatest productivity. A "free market" isn't one without regulation. Markets without regulation generally tend towards abusive monopolies.

      If you understood the economics, it would make sense. Go finish college and try again.

    27. Re:Free Market Lies by saleenS281 · · Score: 1

      The private sector isn't known for cutting costs in the short-term at the expense of the long-term to make numbers look good? BWAHAHAHAH! I guess I'll just assume that you're slow trolling at this point and stop. That is literally the most ridiculous thing I've ever heard stated. Private sector isn't more guilty than government of making bad decisions for short-term gains. Now I've seen it all.

      As for unfunded pensions and healthcare benefits: remind me again exactly which private company that provided pensions 20 years ago hasn't reneged on that promise? Answer: none.

    28. Re:Free Market Lies by MightyYar · · Score: 1

      The private sector isn't known for cutting costs in the short-term at the expense of the long-term to make numbers look good?

      Oh, they are known for it. But the difference is that when they go belly-up for being short-sighted, the people on the hook are the creditors. When a government agency racks up hidden debts, taxpayers pay.

      remind me again exactly which private company that provided pensions 20 years ago hasn't reneged on that promise? Answer: none.

      I don't think I'm aware of a mass of pension defaults, but in any event they paid insurance against those commitments. If those companies are dead and cannot pay, the pensions were insured by federal law. If only the government followed the same rules, we wouldn't have the current crisis.

      --
      W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
    29. Re:Free Market Lies by MobyDisk · · Score: 1

      What if, and I'm just wildly speculating here, one very large client were able to offer them a higher a rate for exclusive access,

      Typically, laws that establish regulatory monopolies explicitly forbid such exclusivity contracts. The first such example I can think of is railroad. When the US government was funding the expansion of the railroad, it was critical that the railroads would allowed anyone to ship goods. An exclusive contract that says "I will pay you double if you ship my goods, at the exclusion of my competitors goods" was bad for the country. This was basically the first "network neutrality" law. The only mistake they made was that the company laying the tracks was the same company that ran the trains. Oops. At the time it made sense.

      I mean, it's a lovely optimistic view of the free market you have, but I think you aren't seeing all the angles.

      Suggestion: Don't add things like "I don't think you understand" or "you are so naive" or "you aren't seeing all the angles" to your post. Let you point stand on its merits. You can get away with that as an AC on Slashdot, but you will quickly get booted out of a real-world meeting for that kind of attitude. Best to learn that lesson here. Often times you will say that then realize you are talking to an expert on the subject who has already heard your objection before and addressed it 20 years ago.

      You were under the mistaken assumption that I came up with this idea just now. Don't try to be clever and shoot it down quickly without realizing that this problem has been known and understood for hundreds of years.

      When establishing a monopoly, such as transit, power, or telephony, there are some lessons we humans should have learned. One is to create the monopoly over just the one thing you intend. Ex: If the problem is laying track, then make a monopoly to lay track. If the problem is laying utility wires, make a monopoly to run wires. Often times we forget that, and instead make a monopoly over transporting goods + laying track, or providing phone service + running wires, or providing power + maintaining power lines. Usually, we learn our lesson some decades later. Some times this happens because we can't imagine those things being separated until the technology comes along. "What, you could have 10 different train companies running over one set of tracks! Trains would collide! That's dangerous!" Or imagine this one: "How could you have *multiple* phone companies cooperating over one set of lines? How would the telephone switchboard operators share the lines? That's crazy." Then, computers and packet-switched networks were invented. Oh, and there was the old "Only the phone company can sell phones! If other companies made phones, they could damage the phone lines!"

      One that we still come across today is "How could you have multiple internet service providers one one wire?" (sigh)

      Many states learned this lesson with electricity generation. I live it Maryland and they finally decided that the "power company" should not be a company that provides power, runs lines, and bills customers. So Baltimore Gas and Electric was split apart into two companies. Unfortunately, one company bought the other -- that's another loophole to get around. If you split a company, forbid one from buying the other, or merging, or some workaround like that.

      We sorta learned this with telephony when we split up Bell Telephone. But they also all merged back together until there is really only 3 of them or so now. Instead, we should have a local monopoly who builds and maintains telephone wires, and separate companies who provide the services that run on the wires. Otherwise, the company will make barriers to prevent other services from running on the wires. (Which is what is happening in this article.) Unfortunately, our telecom regulation doesn't quite do it right. (They half-heartedly tried. Some states tried laws that required the telephone monopoly t

  8. Doesn't providing internet by ai4px · · Score: 1

    Isn't providing telecom services like internet a prima facie indication of being a telecom provider? Oh, I see they haven't gotten official recognition as a telecom. Never mind.

  9. Technicality? by NapalmV · · Score: 2

    The "technicality" is that Google wants to act as a telecom / cable company without being listed/regulated as such.

    1. Re:Technicality? by mjwalshe · · Score: 1

      Yeah and part of the deal is playing nice and not writing a snarky letter to the president nudge nudge

    2. Re:Technicality? by azadrozny · · Score: 1

      I can also see this from AT&T's view, to a degree. If they allow Google to use the poles, then they set a precedent for other non-telecom companies to do so. I am not saying that AT&T is not taking advantage of the situation, but I can see where they would not want to lease space on their poles to any company that says they are a telecom and needs to run a cable.

    3. Re:Technicality? by athenaprime · · Score: 1

      Pretty soon, we'll have people using the poles to hang out the washing, too! ;) Unregulated undies, FTW!

  10. How predictable...... by Dega704 · · Score: 4, Interesting

    It's reasons like this that Google decided to blaze this trail in the first place. Stunts like this pulled by incumbents are often enough to kill smaller startups and projects, whereas it will likely only be a hindrance for Google.

  11. Update federal guidelines by Formorian · · Score: 2

    It seems to me AT&T's complaint is that Google isn't a telecom or cable provider as defined by federal law. Well back when it was probably defined, dedicated internet companies probably didn't exist or were in their infancy.

    All the city is doing is saying yes you have to lease your polls to a ISP also. I don't see the problem.

    AT&T is just trying to block competition, which I understand being greedy and they want their monopoly like every other cable co, but they are going to loose.

    I wish Fed's would just add ISP's to that list. But if you read the article, the city is right. They don't want a ton of poles in 1 spot just because some douche company won't lease to another company and also construction. The poles are there, let em lease em.

    1. Re:Update federal guidelines by Guspaz · · Score: 4, Interesting

      Google Fibre is not an Internet-only service. It also includes television service, making it analogous to cable providers.

    2. Re:Update federal guidelines by Attila+Dimedici · · Score: 1

      The potential issue is that Google does not want to fall under the regulations which they would need to comply with if they were considered a "telecom or cable provider" under federal law. The problem is that that area of law is so encumbered with privileges and regulations for companies so designated that I do not know if it is a good idea to allow Google to skirt the issue. On the other hand, if the contracts and laws are so written that the City of Austin can force AT&T to allow Google to connect under the same kind of conditions as a "telecom and cable provider" (as defined by federal law) without making Google adhere to those regulations that seems like a good solution. Of course AT&T will fight it and the wording of some existing law, regulation, or contract may make it so that the City of Austin cannot legally do so.

      --
      The truth is that all men having power ought to be mistrusted. James Madison
    3. Re:Update federal guidelines by Areyoukiddingme · · Score: 1

      It provides television service in the Kansas City metro area. Were they also intending to offer television service in Austin? They may or may not be offering the same services everywhere they're deploying, particularly because state laws differ. If they are offering that service, the next question is, how? If they're deploying IPTV, they're not a cable provider, any more than Netflix is, and we know damn well Netflix doesn't have to register as a cable provider anywhere.

    4. Re:Update federal guidelines by Guspaz · · Score: 1

      IPTV isn't an over-the-top service, while Netflix is... I can't speak for the US, but in Canada, it's regulated identically to any other broadcast medium like cable television. Then again, our regulation for that is also federal (there are broadcast regions, but they're defined by the federal regulator).

    5. Re:Update federal guidelines by Guspaz · · Score: 1

      I don't know what to say... under Canadian regulations, they'd be regulated exactly the same as a cable company that offered television and Internet. Maybe it's because Google doesn't offer pure telephone service too? Google Voice isn't quite a standalone phone service.

  12. Re:AT&T? by Guspaz · · Score: 4, Informative

    The power company (owned by the city) owns 80% of the poles. AT&T owns the remaining 20%, presumably because they needed poles in some locations where there was no power pole.

  13. Re:Bury those cables by Guspaz · · Score: 1

    It's substantially more expensive to dig trenches to bury cable than to use existing utility poles. That would be true anywhere in the world that has utility poles.

  14. They Might Be Giants by Thud457 · · Score: 1

    Time to send in the Phone Cops to bust some heads! Starting with Dr. Johhny Fever.

    --

    the preceding comment is my own and in no way reflects the opinion of the Joint Chiefs of Staff

  15. Couldn't Google Just Register by Bing+Tsher+E · · Score: 1

    Can't Google just register as a Telecom or Cable company? Why isn't that the obvious solution? Why should they be allowed to leverage their massive presence as an outsider to the Telecom/Cable industry to force their way into that market.

  16. Funny AT&T Sunsetting POTS by Anonymous Coward · · Score: 2, Insightful

    So AT&T wants to sunset POTS, but still claim to be a telco? lol

  17. heh, friend, you haven't looked around lately by swschrad · · Score: 2

    every yahoo (pun intended) with a tin desk, a telephone, and a tie can set up a little telecom company with just a few thousand dollars for the lawyers to draw up the papers. many have. the reason is that they get wholesale rates from every other telecom company on colocation, facilities, duct access, dark fiber, provisioned carriers, and everything including access to the bathroom. it's infinitely cheaper than bending the ears (or passing "campaign contributions" wink wink) to scores of local politicians who are studiously looking over their shoulders. and it gouges the incumbent carriers greatly.

    --
    if this is supposed to be a new economy, how come they still want my old fashioned money?
    1. Re:heh, friend, you haven't looked around lately by headhot · · Score: 1

      The problem isnt forming the telecom, its confirming to the regulations once you are a telecom.

    2. Re:heh, friend, you haven't looked around lately by Anonymous Coward · · Score: 2, Informative

      The legal costs to stand up a CLEC in most states will definitely be much, much more expensive than "just a few thousand dollars" and there has to be a compelling cost/benefit set of reasons to do it. For Google it makes perfect sense as they are of course already well on their way to be a major owner of global fiber and tele/datacom infrastructure and more (WAY more) than have the economies of scale nationally and internationally to justify teams of in-house lawyers and regulatory junkies who can navigate that world.

      Large corporations may also have those resources and can cost-justify CLEC status but even then most don't. I've worked for F500s and you know who they used almost universally for global fiber and MPLS needs? AT&T. They're sold DS3, OC3, OC12, and other SONET circuits riding on MPLS very, very cheaply (like, surprisingly inexpensive). Less than $5k/mo for a gigabit circuit is not unusual, even internationally (Thailand, Singapore, Australia,etc. for States-based F500s).

      The late-90s/early-2000s "every dialup ISP is going to be a CLEC" craze is long, long gone. Maintaining that bailiwick proved to be unmanageable for all but a tiny few who have survived the massive shakeout and consolidation of that industry. There is one ISP I know of in California and it's in my area that survived that shake-out and has been quite successful as a CLEC but it's doing it by building out its own infrastructure and actually has gear in COs around the State. Among ISPs it's a tiny handful of those who survived Statewide. There are others of course (Telepacific comes to mind, but they have a truly awful reputation) and I'm sure probably hundreds if not thousands of registered CLECs in the State but how many are truly active? Very, very few.

      Are there still fringe CLECs or corporations-cum-CLECs who are "gouging" AT&T out there? Sure, probably. But far from enough for me to cry them a "oh you poor baby AT&T" river.

  18. pole waving? by Anonymous Coward · · Score: 2, Funny

    So AT&T is waving their poles around in Google's face?

  19. Don't use public waterways to build your moat. by technosaurus · · Score: 1

    I am guessing they received a public easement to put up the poles.  Imminent domain could just as easily force them to be returned at cost.  If the had paid landowners for the rights, it would at least be more difficult.
    I hope AT&T's moated fortress becomes their Alcatraz.

  20. Proves the case for city owned fiber... by Anonymous Coward · · Score: 5, Insightful

    I own an apartment complex with 132 units. We own the fiber/CATV cable/ethernet cables from the complex telcom room out to each unit.

    FIOS, RCN, Comcast and DISH are all present in the telcom room. Tenants can order up service from any of those vendors. We also offer an internet only option. If a new vendor wants to offer service to our complex, they have to get to the telcom room, but from their its easy to compete. If Google came along, they could offer service from our telcom room to the entire complex.

    This works really well, and I think the concept should work on a city-wide level as well.
    City owned fiber, commercial providers on an even footing.
    Lower costs, better service.

    1. Re:Proves the case for city owned fiber... by ausekilis · · Score: 1

      I agree wholeheartedly with this sentiment. While not quite a shining example, it's how the national labs are run. Every 5 years the contract is up for rebid, then it falls on that contractors lap to manage all the programs and development until it's time to re-up.

      Your typical city doesn't have an army of low-voltage electricians to run it all themselves, so the laydown will be contracted work. All maintenance would be done for some contract term, and the ISP's would compete directly with each other to bring the best prices to consumers. Unfortunately most cities don't have the income to do such a thing, taxpayers don't appreciate tax increases, and the only ones with the money to build that backbone are the ISPs. We've also seen just how accepting of change those behemoth companies are...

  21. Free market? Gov't gave AT&T the ROW to begin by raymorris · · Score: 5, Informative

    The city government gave AT&T the exclusive right of way to put up poles all over everyone's property in the first place.
    Under existing federal law, that ROW came under the condition that other "telecommunications providers" can lease space on the poles. The city is really just insisting that AT&T comply with the spirit of the original deal.

    So we have an exclusive right granted by government, both federal and city, and now the government (still) attaches strings to that government grant. This doesn't really have anything to do with the free market at all.

  22. Simple Solution by headhot · · Score: 2

    The town should instruct AT&T to remove their poles from the town owned easements, or let google pay for pole access. Problem solved.

    1. Re:Simple Solution by PPH · · Score: 1

      AT&T undoubtedly has a franchise agreement with municipalities to install and operate facilities within the public right-of-way. Until that agreement comes up for renegotiation, there isn't much a town can do to lean on any common carrier.

      What? You say AT&T isn't a common carrier? Start pulling out those poles.

      --
      Have gnu, will travel.
  23. Build their own utility poles by AlienSexist · · Score: 1

    Then sub-lease access to a whole new ecosystem of internet startups that aren't telco/cable either. Then again, this is all based upon the laws/regs which are subject to change.

  24. Re:Bury those cables by Anonymous Coward · · Score: 1

    Even Poland

  25. Re:AT&T? by SpaceLifeForm · · Score: 2

    How about Google provides the cash to the city, the city buys up the AT&T poles (via eminent domain).

    --
    You are being MICROattacked, from various angles, in a SOFT manner.
  26. Re:Free market? Gov't gave AT&T the ROW to beg by mythosaz · · Score: 4, Insightful

    ..the spirit of the original deal.

    ...and thousands of lawyers burst into laughter...

  27. Google as a Telcom by Anonymous Coward · · Score: 1

    Telcom's are heavily regulated (FCC, public service commission, et al), and it wouldn't really benefit them in the short term. Long term it could because they would have access to the USF (Universal Service Fund), and possibly even NTCA (Rual broadband) for cost recovery with tax payer dollars.

    Obviously the smartest thing for Google would to make a new subsidiary for a CLEC (Competitive local exchange carrier). They might even break even on cost deployment with the cooperate welfare provided for via the various legal means for telecommunications companies.

    The only downside to all this would be the necessity to also provide telephony services as well as internet services.

    Those telephony services (VoIP) can easily be delivered on the same fiber as their intended deployment, and be completely kosher with FCC requirements for a telcom.

    A little more cost upfront could actually help Google turn a profit by working the same system that is currently screwing US citizens.

  28. Why String the Cables from Poles? by Maclir · · Score: 1

    Surely, with all of our experience with what natural events (strong winds / tornados / hurricanes / ice stoems) can do to aerial cables, wtf isn't the city / state mandating that all new utility services are run underground?

    1. Re:Why String the Cables from Poles? by jader3rd · · Score: 1

      Surely, with all of our experience with what natural events (strong winds / tornados / hurricanes / ice stoems) can do to aerial cables, wtf isn't the city / state mandating that all new utility services are run underground?

      That would give residents headaches with all of the construction to do so, and therefore is avoided.

    2. Re:Why String the Cables from Poles? by Red_Chaos1 · · Score: 1

      This, to me, would take it back to the idea that this stuff should be publicly owned and run, and then the smart thing to do would be to run it all before the developments are built, then people don't have anything to bitch about.

      Then set it up so that the providers can go one of two ways:
      Charge what they want for service, and get charged to use the infrastructure, or be allowed to use the infrastructure for free, but enforce price restrictions on services and require certain speeds be met at minimum per tier, etc.

      It can be done, so instead of naysaying and hand wringing and making up reasons why it can't, lets push what we know: yes it can.

    3. Re:Why String the Cables from Poles? by SydShamino · · Score: 1

      It's done in all new developments, of course, but the cost of running the initial conduits in built-out neighborhoods is tremendous, with little to no return on the investment.

      Heck, my street doesn't have curbs and we were annexed into Austin in 1941. (Not that I mind this, by the way.)

      --
      It doesn't hurt to be nice.
  29. Competition by koan · · Score: 1

    Is best for the consumer.

    --
    "If any question why we died, Tell them because our fathers lied."
  30. Re:AT&T? by jareth-0205 · · Score: 1

    How about Google provides the cash to the city, the city
    buys up the AT&T poles (via eminent domain).

    Bit of a sledgehammer to crack a nut, don't you think?

  31. arguments over the poles by dysmal · · Score: 1

    Who owns the poles? More importantly, who MAINTAINS the poles? In a lot of areas you've got your local telecom but it's AT&T who is responsible for maintaining the physical infrastructure. Verizon, Centurylink, TDS, etc might be your provider. That's great. Kudos to you for living in an area where they run things! When some drunk idiot or a storm knocks over the pole carrying your connection to your house/office, more often than not it's AT&T that your provider contacts to repair things. If they (AT&T) are responsible for maintaining the physical infrastructure that Google is leasing, they should some say in who uses their poles. Other ISP's/carriers do it so Google can to. C'mon Google. Put your big boy pants on and abide by the same rules that your competition follows.

  32. Re:A monopoly wants as little competition as possi by UnknowingFool · · Score: 2

    Well if you read the article, you'd see that the city does not want more poles especially when they are existing poles.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  33. It's the same thing by kilodelta · · Score: 1

    That killed a public WiFi MESH network where I live. These big companies need a big slap.

  34. Re:A monopoly wants as little competition as possi by alen · · Score: 1

    so google should register with FCC like everyone else

  35. Re:Bury those cables by Shinobi · · Score: 4, Informative

    Utility poles are going the way of the dodo in many places in Sweden, even some pretty sparsely populated areas. Buried cables survive harsh weather better, are not as frequently damaged as utility poles are by vehicles etc, so the maintenance costs for the utility companies have gone WAY down, meaning that the long-term costs of trenching are actually lower.

  36. Communication lines should be publicly owned by FuzzNugget · · Score: 1

    Once again, this is why communication infrastructure should be built with tax dollars, publicly owned and leased to ISPs fairly.

    Sure, Google is all up in AT&T's shit now, but the enemy of my enemy is not my friend; don't think for a second that Google won't be in exactly the same position decades from now. We'll be dealing with this monopolistic protectionism and technological stifling as long as the lines are privately owned.

    1. Re:Communication lines should be publicly owned by EmagGeek · · Score: 1

      1) ... built with tax dollars ...

      --- 99% of the time, they are

      2) ... publicly owned ...

      --- Haha, fat chance of that

      Verizon, for example, isn't rolling out Fios anymore because government won't pay for it. The US Telecom model is "Get infrastructure for free from the taxpayer and then charge them a princely sum to use it, and smile all the way to the bank - just make sure the politicians get their cut."

  37. Doesn't make much difference for me by Megane · · Score: 1

    I live in a part of town where the utility wires are buried underground, and there's no alley road behind houses. So there aren't any poles for Google to use. Somehow I don't expect it to be one of the first fiberhoods.

    A few years ago, Time Warner used a hammer mole thingy to make a hole underground down the backyards, pushing 2-inch conduit pipe behind it, only digging a small hole every other backyard or so to ensure it was going in the right direction. The most amusing part of this was that they used the bottom half of a coke can to cover the leading end of the pipe to keep dirt out. I'm going to guess that TW won't exactly be going out of their way to offer to let Google share their pipe.

    --
    #naabhaprzrag, #sverubfr-000, #agi-fcbafberq, negvpyr[pynff*=' negvpyr-ary-'] { qvfcynl: abar !vzcbegnag; }
  38. same old same old by eastjesus · · Score: 1

    It's a sad old story I remember living through myself back in the late 1990's and apparently nothing has changed. Back then I was one of the founders of long-gone Nobell Communications which was then in the middle of rolling out the first wireless broadband IP network in Austin. The extent and energy that certain organizations, one of which was SBC (who later bought AT&T, but they were not alone) put into obstructing and doing whatever they could to shut down the effort was something that would make works of fiction pale. Finding locations for infrastructure was one of the most difficult jobs and one solution was to use existing poles in certain areas. SBC pulled the same crap back then when we insisted that we were not a telco or cable company and had no intention of becoming one (we did connect and handle IP broadcasts of live music at a number of clubs during SXSW back then, though). It turned out, however, that many pole easements were owned by Austin Energy, not SBC, and, working with them and the City Council, we ultimately got rights to use those utility poles as well as city owned buildings and rooftops. I also remember that at the time there was a huge amount of city-owned dark fiber available. I no longer live there and don't know what the situation is anymore but I know that there are creative people at Google as well as in Austin with a lot of resources at their disposal and I trust that together they will find a way to jump over that thrashing dinosaur.

  39. Re:A monopoly wants as little competition as possi by UnknowingFool · · Score: 1

    If AT&T insists on fighting this, I suspect AT&T will not be happy with Google's next logical move: Offering low cost (or free) TV or phone service to meet the requirement.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  40. Re:Bury those cables by Fallen+Kell · · Score: 1

    You are assuming that the long term costs are footed by the company themselves. For instance, most places have insurance policies that will pay for damages from storms/weather and the drivers of the vehicles (and/or their insurance companies) pay for it when they are involved. Those prices are SUBSTANTIALLY lower than the costs involved in getting new "right of ways", checking against documented and undocumented subterranean lines (water, sewer, gas, oil, etc.) as well as the costs to actually excavate and bury the lines.

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
  41. Easement != Eminent Domain by jsrjsr · · Score: 2

    An easement is a limited right or interest in the land of another entitling the holder to use, privilege or benefit.

    Eminent domain is the legal right and procedures for a municipality to take title and possession of private property for public use.

    You might be able to get an easement by using eminent domain, but the more normal process is to purchase an easement. Another way is what happens in a subdivision, where the developer defines where the easements are for such things as utility services (wires, fiber optics, water mains, sewer pipes).

  42. Re:Bury those cables by meerling · · Score: 1

    They installed the poles to create the infrastructure because at the time, it was cheaper and faster than excavation. Of course, with the rising costs of replacing poles, the unsightliness of them, and the continuing costs of repairing them due to storms and vehicular accidents is causing them to seriously rethink placing them underground.

  43. Re:Bury those cables by jratcliffe · · Score: 1

    Substantially more expensive = Roughly 10x.

  44. Re:Bury those cables by Necroman · · Score: 1

    Austin rarely gets freezing rain weather (that can bring down trees and utility poles). The worst Austin could get would be high winds that could bring down trees (which may topple utility wires). It's cheaper and easier to put up poles than to have to dig. Plus when you need to run new cables (like what Google is doing), it is a lot cheaper to add these. If google had to go and burry new cables throughout the entire city, the costs would be a lot higher.

    --
    Its not what it is, its something else.
  45. If only by genner · · Score: 1

    If only there were a million other cities actively courting Google to bring their service to them.........
    I have no idea why Google just walk away if the city doesn't roll out the red carpet.
    Austin needs Google a lot more than Google needs Austin.

  46. Re:A monopoly wants as little competition as possi by alen · · Score: 1

    where?

    google already does this. its $120 plus taxes for google fiber TV package

  47. Re:Utility poles ? You must be kiddin by Darth · · Score: 1

    well, denmark covers 16,639 square miles. the united states covers 3.794 million square miles.

    do you think maybe these two situations are not comparable?

    --
    Darth --
    Nil Mortifi, Sine Lucre
  48. Re:ATT scared shitless by LordSkippy · · Score: 1

    Want to know how scared AT&T is of Google Fiber in Austin? AT&T is now advertizing Uverse with "Gigapower!" Sounds like AT&T has a product to compete with Google's gigabit/s services, doesn't it? Well, no, it's only 300 megabit/s. Fastest residential service available in Austin at the moment, but still under 2/3rds the speed of coming Google. Only reason to call it "gigapower" is to confuse people into thinking it's equivalent to Google's gigabit/s service.

    --
    My karma is in a nose dive
  49. Internet is a Telecommunications service by bl968 · · Score: 1

    As has been defined by the FCC that makes anyone who provides access to the internet a "Telecommunications Service Provider" which would entitle them access to the poles.

    "In Re Federal-State Joint Board on Universal Service, Report to Congress 101 (April 10, 1998) ("With respect to the provision of pure transmission capacity to Internet service providers or Internet backbone providers, we have concluded that such provision is telecommunications.") "

    --
    "GET / HTTP/1.0" 200 51230 "-" "Mozilla/4.0 (compatible; Setec Astronomy)"
  50. Re:Bury those cables by azadrozny · · Score: 1

    If google had to go and burry new cables throughout the entire city, the costs would be a lot higher.

    Not to mention the inconvenience of the people who live/travel along that route. I don't know for sure, but I would guess that a good crew can run cable on poles the length of a few city blocks in an afternoon, maybe a few days. Underground would take many weeks to months of excavation, likely having to reroute traffic and loss of parking for residents, especially in an urban area.

  51. Re:Free market? Gov't gave AT&T the ROW to beg by pete-classic · · Score: 1

    It seems like you're arguing AT&T's point. Why should they give access to a company that doesn't have to comply with telecom regulations if the deal was that they'd give access to other telecoms?

  52. Re:A monopoly wants as little competition as possi by UnknowingFool · · Score: 1

    Then what is AT&T's problem? The two exceptions to utility pole access are cable system or telecommunications providers.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  53. Re:Bury those cables by Areyoukiddingme · · Score: 2

    What in the hell are you babbling about? It's copper. Copper underground, copper above ground, copper under water, it's all the same. Transmission efficiency for identical diameter wire is identical, regardless of physical location. In fact, because buried power lines either rest in the ground directly or are run through conduit or are laid on cable trays inside of cable tunnels, heavier gauge wire can be used, since there are no poles being stressed by extra weight. The result is higher efficiency for buried cables, not lower, because it's safe to use heavier wire.

  54. internet is telecommunications. citation? by raymorris · · Score: 1

    They have cooperate with telecommunication companies. The internet is telecommunications, therefore a fiber ISP is a telecommunications company and they must cooperate.

    If you happen to know of some regulation on "telecommunications companies", including any that are completely irrelevant to the issue, which Google does not abide by, please cite that regulation . AT&T and you seem to be assuming that's the case without mentioning anything specific.

    I wouldn't be surprised if their were regulations on "entities holding a government charter (monopoly)". Google has no such government granted monopoly, so those regulations don't apply to them. The federal law doesn't say AT&T has to share with monopoly telecommunications companies, it says they have to lease to telecommunications companies in general.
     

  55. Re:This isn't as it appears. by Areyoukiddingme · · Score: 3, Interesting

    Google is not getting tax breaks for their current buildout. Kevin Lo, head of the Google Fiber rollout, specifically says that's not even a criteria. They are much more interested in gaining access to poles, getting accurate maps of where poles are, and in getting rapid approval of their construction permits.

    AT&T, on the other hand, already got over $200 billion in tax breaks to deploy broadband, and didn't. So no, "all this regulation" did not make it more expensive to upgrade their infrastructure. It made it much much cheaper to upgrade their infrastructure, and instead of actually upgrading their infrastructure, as the law said they must, AT&T and their antecedents booked it as profit and paid their executives over a billion dollars in bonuses.

    So yeah, let's level the playing field. Let's take $200 billion from AT&T and give it to Google.

  56. Re:AT&T? by fast+turtle · · Score: 1

    Why doesn't Google simply go the Cable franchise route? It's probably cheaper then any other method and who says they can't get a sweet heart deal from Austin to get the franchise

    --
    Mod me up/Mod me down: I wont frown as I've no crown
  57. Re:A monopoly wants as little competition as possi by mbkennel · · Score: 1


    The city of Austin doesn't want them to, because its ugly and disruptive, which is why the city government is pushing on AT&T to allow Google to rent pole space from AT&T poles, just as Google is renting pole space from the city's owned utility poles.

  58. Re:Utility poles ? You must be kiddin by grmoc · · Score: 1

    Ignore the rural parts which account for most of the area and just focus on the metro areas, and you'll find that the US *STILL* is way behind.

  59. Private poles on public space by manu0601 · · Score: 1

    The poles are private, but stand in public space, right? If AT&T does not want to comply with City will, perhaps there is a way to ask payment for the use of public space? A payment high enough to convince them to cooperate, I mean.

  60. Simple, Google... contract with a Telco by mysidia · · Score: 1

    There are plenty telecom providers in Texas. Just work with one to get a contract to build the fiber you want; with a signed IRU (Indefeasible right of use) for 99 years.

  61. Re:Bury those cables by adolf · · Score: 1

    Please re-rant after you learn a few things to learn about transmission lines, heating effects, insulators, and common materials.

  62. Re:Bury those cables by Areyoukiddingme · · Score: 1

    Oh look, a condescending asshole.

    Fine. s/copper/aluminum/g Happy now?

    What I said is perfectly true and applies equally well to aluminum. Heating effects are much easier to deal with underground because sagging is irrelevant and the thermal environment is very predictable. You have much more flexibility in choice of insulator because again, weight is no longer an issue.

    In any case, the anonymous coward is still a babbling idiot. Power lines of all sizes are buried in every major city in the US, and they wouldn't be if there was some dramatic difference in transmission efficiency. I was and am speaking of electrical efficiency, but in fact it applies to fiscal efficiency as well. There's a couple of studies linked in this thread that demonstrate that maintenance costs for lines buried in cable tunnels is lower than for overhead wires. So much lower that it pays for the difference in installation costs over the useful life of the wires and then some.

  63. Re:A monopoly wants as little competition as possi by UnknowingFool · · Score: 1

    I see the problem as laws haven't kept up with technology. When the original law was written (1978), there were no such things as ISPs.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  64. Re:A monopoly wants as little competition as possi by UnknowingFool · · Score: 1

    In order to apply anti-trust laws there has to be a monopoly. Google has neither a monopoly in fiber nor TV nor telephone. Using existing anti-trust laws would not likely be applicable.

    --
    Well, there's spam egg sausage and spam, that's not got much spam in it.
  65. Re:Utility poles ? You must be kiddin by Darth · · Score: 1

    why would i ignore the rural parts? the original comment started by saying he lived in rural denmark on a farm.

    Developed land in the united states is about 3% of the total land, so 113,820 square miles. (6.8 times the total size of denmark)

    75% of the population lives in that space. The U.S. population is about 317 million people, so about 237,750,000 people.
    denmark's population is about 5,607,000 people.

    So if we just use the developed land in the United States, it's 6.8 times the size of denmark and has 42 times the number of people living in it. And it's broken up into separated pieces of developed space that exists in different regulatory and physical environments.

    I still don't think they're comparable situations.

    --
    Darth --
    Nil Mortifi, Sine Lucre
  66. Re:AT&T? by Hamsterdan · · Score: 1

    POTS or Coax will not kill anyone. A live power cable will.

    --
    I've got better things to do tonight than die.
  67. Re:A monopoly wants as little competition as possi by petermgreen · · Score: 1

    Phone and cable TV services are required to do certain things that were considered to be in the public interest. Phone companies were required to put in place special infrastructure for priority emergency calls. TV companies were required to carry local broadcast channels if the channel asked for it. Historically this made sense, when the cable networks were built in the US* they were providing totally different services, so it made sense for them to be subject to different regulations.

    However since then techology has changed, you can use the phone over your cable modem using VOIP and you can watch TV over your telco provided internet connection and you can watch TV and use VOIP over your IP based fiber connection. In many cases the VOIP and IPTV services are even bundled with the internet connection.

    So you have three groups of companies providing effectively the same services but subject to vastly different regulations. IMO there is a need to decide if those regulations are still in the public interest and if they are deemed to be in the public interest to figure out how to apply them fairly to last mile communication providers who use vastly different infrastructures.

    So I would agree with you that the regs need to be reviewed and updated but I also agree with the GP that google seem to want a privilage that is given to telcos and cablecos without taking on the responsibilities that come with being either being a telco or begin a cableco and I could see why existing telcos and cablecos would be rightly pissed off about that.

    * Here in the UK things played out a bit differently, our cable companies were also phone companies from the start and ran analog phone pairs alongside the cable TV coax.

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