Archive for April, 2006

Is this what democracy looks like?

Yesterday was the House Commerce Committee "mark up" of the COPE bill. On an email listserv for media reform organizations and wonks, there was some blow-by-blow commentary on the amendments, discussion, and votes.

That gave me flashbacks to the Indymedia style of covering large protests, like the 2004 Republican National Convention, with minute-by-minute updates on the website, streaming radio, daily television broadcasts, text message alerts, chat rooms, and constant phone calls.

It made me wonder about the potential impact of covering a markup session in that style. You could create some intense interest in the process. You could even put out moment-to-moment action alerts, generating phone calls and emails on amendments and statements as they're made: debunking in real time. The bloggers (who, me?) would love it, of course.

That kind of coverage isn't hard to do (and it's a lot more enjoyable when your friends aren't getting arrested or beat up by police). Tom from Media Bridges and ACM pointed out that pretty much every committee meeting these days is webcast using Realplayer, so that helps.

All you need is a little preparation, some good commentators with access to serious research, and a participation-based website with some clever bells and whistles. Personally, I'd like to see a "boo" button that people can click when someone says or does something shitty.

(I emailed this idea to that list and have been getting positive responses so maybe it will happen. Stay tuned.)

When I shared this idea with Kat Aaron, she pointed out something so brilliant and obvious: that this could be a model for covering other markups, like welfare, immigration, health care… Is this what democracy looks like? Not quite, but it's a step up from what we have now.

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Is Comcast Trying to Torpedo the Wireless Deal?

One player who quietly returned to the scene at yesterday’s City Council hearing was Comcast. Their rep was there before the hearing, putting doubts in councilmembers’ ears and handing out two recent news articles:

and

Word is, Comcast is convening a closed door meeting Monday morning to chat things over with some City Councilmembers or other decisionmakers. I wonder what they’ll say…

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What Will the Wireless Philadelphia Budget Look Like?

One of the lines of questioning at yesterday’s City Council hearing examined what the revenues and expenses of Wireless Philadelphia would be. While it’s all speculative, especially before a permanent CEO is hired, this is what we heard:

To get off the ground, Earthlink will make all of the electricity payments in the first two years. WP will pay back its 50% share of those PECO bills in years 3-10. WP’s payments on the $1.4 million loan from the Philadelphia Industrial Development Corporation (PIDC, which manages PAID) will be deferred for the first year. Those measures are intended to allow WP to get off the ground using the $2 million lump sum payments from Earthlink (for the pole attachments), which will come in over the first 18 months of the project.

WP’s staff will be small: a CEO, an executive assistant, and one or two program managers. The CEO will be paid $150-175,000/year. A large portion of WP’s work will consist of processing applications for the subsidized accounts. (That seems unfortunate to me, to use up “digital inclusion” money processing applications for digital inclusion.)

By year 3, WP will be paying it’s half of the PECO bills, repayments on the PECO bills from years 1 and 2, repayments on the PIDC loan, and the organizational overhead. This will undoubtedly chew up the $750,000-$1,000,000 per year from Earthlink.

The expectation is that Wireless Philadelphia will raise an additional $3-4 million a year through foundations, government grants, and corporate donors to support its digital inclusion programs. While I believe a prominent non-profit with a well-paid CEO will be able to raise that money, the downside is that the money is coming from a limited pool and other community technology programs may lose out in the process.

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Notes from the City Council Hearing on the Wireless Deal

At the City Council hearing today, we found out that negotiations with PECO are ongoing so there would be no vote yet. There was more discussion of the minority- and women-owned enterprise subcontracting requirements and the mechanisms for oversight and reporting.

Councilmembers Tasco, Brown, and Miller seemed satisfied with Earthlink’s efforts to pursue MBE and WBE subcontractors. (The owner of Urban Harvest, which will be doing the pole attachments for Earthlink, was at the hearing.) Apparently, there will be an oversight board to monitor this issue with representatives from Earthlink, Wireless Philadelphia, the Mayor’s office, City Council, and the Minority Business Enterprise Council.

Councilmember Rizzo complained that Comcast and Verizon weren’t involved (let’s not even go there) and aggressively pointed out that Earthlink could do a network without the City or Wireless Philadelphia by contracting directly with PECO, since they own most of the poles in the city. He was phrasing it as a criticism, saying there are other ways this could get done.

In my mind, it’s a reason to thank Earthlink. If they did it that way, they wouldn’t have to build out the entire city or share any revenues with Wireless Philadelphia. Of course, for Earthlink, it’s a business decision: they want the City itself as an anchor tenant, they see the “digital inclusion” money as an investment in potential subscribers, and they want the attention of fulfilling the original RFP.

Councilmember O’Neill, who has been super sharp as the Chair of these hearings, pressed City Solicitor Romulo Diaz on the lack of no-bid contract restrictions, known as 17-1400 regulations, in the City’s management services contract with Wireless Philadelphia. O’Neill was concerned about WP reporting on things like consultants or city agents that advise WP on procurements and could be receiving kickbacks. He was also a little ticked off that Diaz had originally suggested these rules were included in the contract (as they are in the contracts with Earthlink and PAID).

I’m not a lawyer or expert on Philly ethics rules (except to know that we need them) and I can see how any opportunity for graft is a problem. But I’m inclined to accept Diaz’s arguments that there are other reporting requirements in the contract and the 17-1400 regulations would be burdensome for a non-profit of WP’s size.

After the hearing Derek Pew, the interim CEO of WP, said he would not want to restrict Wireless Philadelphia’s ability to promote a local bias in any of its contracting, rather than having to issue an open bid for anyone in the country to offer the lowest price.

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A Fine Line Between Grassroots and Astroturf, and an Invitation to Cross it

Ahead of today’s hearing, a consultant working for, I assume, Wireless Philadelphia sent the following notice to some community members she’s been getting to testify before City Council and otherwise support the WP-Earthlink deal:

For those of you that I have met with, I have been clear, that my expertise is in the community programs – not the politics of the City of Philadelphia. That being said, I feel that I must personally request your continued and visible support at Wednesday’s Hearing on Wireless Philadelphia.

The Wednesday Hearing is the fourth one to discuss this program and I feel that it is time to move the project out on committee and to a full Council Hearing for vote and – I hope – approval and deployment. WIRELESS NOW! NO MORE DELAYS!

If you are available to stop by the Hearing at 2:00 in room 400 at City Hall that would demonstrate the strong citywide and community support for this project that we know exists. If you are comfortable bringing a sign or placard with a message around WIRELESS NOW, that would also be appropriate.

If you want to speak briefly on the need to move forward quickly, just fill out a card when you arrive. And – if all goes well, you may be invited to share your thoughts with the press. It’s time to stop the delays and move forward. I need to be at another event in DC, but your presence in room 400 at 2:00 would really make a difference. Stop by if you can – and feel free to bring other advocates with you! THANK YOU!

I just sent the following response to the same group:

I agree that everyone should come to the hearing, but not to rally in favor of Earthlink’s network. I think we need to let them know that the community has its eyes on this process.

This deal is worth $200 million of our money. As someone who has attended all of the City Council hearings on this matter, I have to say that the Councilmembers’ questions have been insightful and important. I am as skeptical of politicians as anyone, but Council’s oversight is completely legitimate.

Our representatives have every right to ask for clarification on the PECO rates and on Earthlink’s subcontracting practices. If they don’t get that information now, it might be another 20 years before they get to ask any more questions.

[Consultant,] I appreciate all of your work engaging us in this process. I certainly understand why anyone who works for Wireless Philadelphia would want to see this network deployed A.S.A.P. As an Internet-obsessed wonk working for a local non-profit, I want to see it get going myself.

But no matter how much we rally, it won’t be our network. So, while I encourage everyone to support the wireless project, I suggest we all do it with a bit of healthy skepticism. I’m sure Earthlink would love to become the Comcast of wireless networks.

If any of you are at the hearing today, please say hi. I’ll be the white guy not wearing a suit.

Respectfully submitted,
Joshua Breitbart

Communications Director
Media Tank
www.mediatank.org

ps – For an easy-to-understand breakdown of the wireless contract, check out this report: http://www.newrules.org/info/philly-earthlink-contract.html

A much better notice went out earlier in the day from Hannah Sassaman from Prometheus Radio Project, who has been keeping a close eye on the wireless plan:

hello all,

just a heads up — tomorrow is the last big hearing that the city is organizing on the municipal wireless project. the city is about to enter into a formal contract with wireless philadelphia, the nonprofit set up by the city to manage a wireless network built by earthlink. please consider stopping by — wednesday, april 26, 2006, at 2:00 pm, in room 400, city hall. please come if you can, and forward widely!

there are many, many questions about how our community needs will be served by this new network. will wireless philadelphia and earthlink make it possible for community organizations to help get their neighbors online? how many of us will need to buy expensive wireless devices to supplement the wireless coming from the streetlights? and will the important community content – like the videos produced at scribe video center, the content hosted at the IMC, and the community newspapers and websites scattered across the city – be marginalized or promoted to users of the network

immediately after the hearing, city council’s joint committees on technology & information services, and public property & public works will vote on whether to authorize the city’s plan, so there should be a pretty big crowd. this is a big chance for the earthlink executives to see that we are watching them — and that we’ll be there to make sure they deliver the Internet service our city needs.

My question is, how are they going to tell the boosters and the watchdogs apart?

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On the Radio This Morning…

I did a little bit to earn my josh.fm url this morning. I was on WBAI's Wakeup Call news program (99.5 FM in New York City) talking about the Philly wireless plan and the battle for an open internet.

This radio technology is really cool. Someone calls, you speak into the phone for 15 minutes, then it comes out as an mp3 on the Internet. Somewhere in between, it gets broadcast through the air to millions of people. Sweet.

Here's the link to my interview (starts about two-thirds in, at minute 42 or so).

Here are the two websites I mentioned for action on the COPE bill:

I also mentioned the impact this bill could have on municipal broadband projects. As it currently stands, the bill would actually do a good thing by overriding the 15 or 16 state prohibitions on these projects. But even that small ray of sunshine is in danger in today's mark-up session. For details on this, check out Harold Feld's blog, Tales of the Sausage Factory.

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The New TV: Pay More, Get Less

Pay TV subscribers, listen up – you are about to get stuck paying more for yesterday's technology.

Right now, the telephone companies and your elected representatives are rewriting the laws that control your television and the wires that provide it. The House of Representatives and many state legislatures are looking to give corporations like Verizon and AT&T a license, called a franchise, to run new wires to your home and offer video service to compete with the cable companies that have traditionally been given franchises by your local government.

Getting corporations to compete with each other is good, but here's the chain reaction the bill will cause: There are no requirements on where the new television providers can run their wires. Because they want to make money, they'll put the new wires in rich areas – not cities, just the wealthy neighborhoods in cities.

To compete with the new service, the cable companies will slash their rates. But, again, since there are no price controls in the bill, they will only slash prices in the wealthy neighborhoods with the new wires in what are called targeted predatory pricing campaigns. Everywhere else – where poor and working folks live, where there are no other competitors – they can raise prices to cover their losses in the wealthy neighborhoods. In other words, you will pay more and get less.

This process, where poor neighborhoods get yesterday's technlogy at tomorrow's prices, is called "technological redlining" and the COPE bill, now working its way through Congress, would make it the law of the land.

When you look into this bill, you will see that it has bipartisan support. That's because in Washington DC, bipartisan means it has the support of both the phone and the cable companies. Where the phone companies spend, legislators listen.

Some of the most active folks working to stop this bill – and until it's passed, it's a bill, not an act, so everyone should check their terminology here – are from the world of public access cable, like Manhattan Neighborhood Network.

That's because local governments have been able to use the local franchising process to secure community benefits in exchange for letting cable companies use the space under their streets. These community benefits traditionally include public, educational, and governmental (PEG) access channels, funding for equipment and training to fully utilize those channels, and free television and broadband connections to schools and community centers.

While there are some protections for these community benefits in the COPE bill, taking the franchising authority out of the handles of local governments means every town, city, borough, and hamlet will be left with cookie cutter contracts.You can take action to stop the COPE Act by contacting your Representatives and Senators. To save time, you can use the form available at the Save Access page.

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Wireless Hearing Postponed; Vote Scheduled

The hearing that had been scheduled for today, April 18, has been rescheduled to for Wednesday, April 26, 2006, at 2:00 PM, in Room 400, City Hall.

The notice also says,

Immediately following the public hearing, a meeting of the Joint Committees on Technology & Information Services and Public Property & Public Works open to the public, will be held to consider the action to be taken on the above listed item.

In other words, after the hearing, Council will vote on whether to authorize Wireless Philadelphia to manage a citywide wireless broadband network and to authorize the Philadelphia Authority for Industrial Development (PAID) to attach wi-fi boxes to city-owned poles. (Note Earthlink is not mentioned in the ordinance.)

If Council is ready to vote, perhaps this means that their questions on the electricity rate and City oversight have been answered. Even if they have, other questions will remain, especially about how Wireless Philadelphia will function under their new CEO.

For those of you looking for an understandable breakdown of the contract, Becca Vargo Daggett from the Institute for Local Self Reliance has published just such a document: “Wireless Philadelphia – Earthlink Contract: Highlights.”

If anyone has any questions on the contract, the ordinance, or the network, please post them hear and I will find the answers.

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You Can’t Be Moving on a Neutral Train

I'm the first person to be skeptical when the left whines about losing the messaging battle. Not that "frames" aren't important, but a connection with the people you are trying to mobilize comes before the frame, not the other way around. You have to know the audience to fashion the message. Being clever is not enough.

That notwithstanding, progressives trying to protect the Internet from corporate hijacking have once again shot themselves in the foot by trying to rally people around "net neutrality."

Only a Democrat would think people could get excited about neutrality. What's the opposite of "neutral"? Non-neutral… Partisan… In gear…?

The specter of "The End of the Internet" is hardly any better. Are you really trying to convince someone that the Internet is about to go away? I hope not, because it isn't. What the corporations are trying to do is close the Internet.

We are in favor of an open internet. We must not let Congress close the Internet. Take action now to keep the Internet open.

Why is it important to talk about open/close rather than neutral/non-neutral… besides being more accurate and more readily understandable?

For starters, it fits with our values. We believe in an open society (to use a trademarked term). We believe our government and our communication networks should be open to all.

Second, it contains the seed of the future we want to see. The vast majority of the world is shut out of this communications medium. The door is closed to them. We want to open it.

On its own, that's not enough, of course. Open does not mean equal, it doesn't mean that usage or usefulness is the same for everyone. Access does not equal justice, but it is necessary for justice. Therein lies our work.

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Agenda for Republican House Policy Committee Hearing on State Franchising

I haven't had time to research all of these players, but it basically boils down to 1:05- the Phoenix Center (a pro-free market group); 1:35- cable companies (pro-status quo); 2:05- phone companies (pro-state franchising); 2:35- towns and cities (they want to keep their franchise fees and should want to protect their franchising authority; rural towns especially should demand buildout schedules); and, at 3:05- AARP (a pro-buildout and net neutrality group).

Here's the draft agenda, with comments and links added:

HOUSE REPUBLICAN POLICY COMMITTEE HEARING
“Cable Competition”
Representative Mario J Civera, Chairman
Tuesday, April 18, 2006
Harrisburg, PA
DRAFT AGENDA

1:00 p.m.

Mario J. Civera, Jr., Chairman

Chairmain Civera refused to fill out the National Political Awareness Test, but here is a summary of his stance on various issues. The only thing that stands out for this Republican from Delaware County (just outside of Philadelphia) is his support of labor issues. If you review the Mario Civera fundraising summary, you see that the International Brotherhood of Electrical Workers is his top donor.

1:05 p.m.

Thomas Koutsky Phoenix Center (see bio [pdf])

The front page of the Phoenix Center's website quotes Adam Smith, Friedrich August von Hayek, and Representative James Sensenbrenner. They employ a rhetoric of detached reason to argue in favor of complete deregulation: the immediate introduction of state or federal franchising with no buildout requirements or PEG provisions. (For an example of this argument, see "23 March 2006 Testimony of Phoenix Center Resident Scholar Thomas Koutsky before the Florida House Committee on Utilities and Telecommunications" [pdf])

1:35 p.m. Comcast and the Cable Companies

David Dreidinger, Division V.P. Governmental & Regulatory Affairs, Comcast

Daniel Tunnell, Broadband Cable Association

Bill Domurad, CEO, Clearview Partners

Robert Miller, Director of Government Affairs and Community Relations, Blue Ridge Communications

2:05 p.m. Verizon

Frank Buzydlowski, Verizon Communications

Jane K. Fortin, Director, Verizon PA Regulatory

2:35 p.m. Townships and Boroughs

Elam M. Herr, Assistant Executive Director, Pennsylvania State Association of Township Supervisors

Edward Troxell, Director of Government Affairs, Pennsylvania State Association of Boroughs

Frederick Polner, Esquire, Polner Law Office

Frederick Polner is a telecommunications lawyer and adviser to municipalities. He is a former staff attorney for the FCC. As indicated by his authorship of "Who's in Control? FCC, Congress Tinker with Townships' Authority to Manage Rights of Way, Collect Franchise Fees," he is a strong advocate for local authority.

Thomas Scarborough, Doylestown Township Supervisor, President of Bucks County Association of Township Officials

3:05 p.m. The lone consumer voice.

Raymond Landis, AARP

The AARP recently came out in favor of the open internet, also known as "net neutrality."

Written testimony submitted by: (tentative list of providers)

Joshua Breitbart, Communications Director, Media Tank, Philadelphia Grassroots Cable Coalition (see statement)

George Strimel, Chairman, Alliance for Community Media

Irene McNeil, President & CEO, Lower Merion & Narberth Public Access Television

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