Sunday, February 11, 2007

The New Blogger

This is a test of Google's new blogging software. That's all it is. This is the last sentence in the test.

Monday, January 29, 2007

Rubberstamp This

This past Wednesday (Jan 24, 2007), I attended a meeting of the Cable and Communications Advisory Committee (CCAC) for Montgomery County, Maryland. This is a meeting of citizens who volunteer to meet once a month to discuss cable-related issues and advise the County Executive.

As I've said before, it's difficult to tell whether the committee has an impact any more. As long as I've been writing this blog, I've encountered nothing to justify its existence. Despite this, 14 people felt motivated enough to answer the call to fill four open seats on the committee. Their term starts in November of ... 2006. A Cable Office official speculated the seats might be filled by April - in other words, 6 months late.

Note that some citizens apply for many committees simultaneously even though they may only serve on one committee at a time. I guess people figure that it's nice to be on a committee, any committee. So it's unclear which if any applicants are really interested in cable issues and which are merely tired of bitching that Verizon isn't on their street yet. The committee complained about this too and asked the Cable Office if the Executive had standards that could be imposed to winnow down the list of applicants. The Cable Office said no. Ergo, 14 full interviews coming up.

You can tell that applicants don't have a clue when they've never even bothered to attend a meeting before applying. One applicant joined me in attending the meeting (hi Art!) and said he found it worthwhile. I do agree that it's worthwhile to attend as a guest - I learn a fair amount from the briefings given monthly by officials such as the MC Cable Administrator. However, it shouldn't require a committee to receive these briefings. News should be promptly made public via the web.

This very idea - making news available promptly - was made, albeit indirectly, several times during the meeting. For instance, the committee asked if the Cable Office could issue press releases when issuing fines against franchisees. Donna Keating, acting Cable Administrator, said that the Cable Office doesn't issue press releases. Actually, the Cable Office does make a fair amount of information available online - although I'd like to see more. But lacking is any kind of notification mechanism to let citizens know when information has been made available. I've been asking the Cable Office for this for 6 years. Even a simple email list would be better than what we have now (i.e., nothing).

This is all rather sad for a committee with Communications in its name. As far as I know, the committee itself doesn't even have a mail list. Nor are there public archives of the meetings in either video or written form. I went so far as to create a mail list six years ago as a yahoo group, started posting the committee minutes and other documents to it, and the committee used it for a year until the Cable Office decided that they wanted direct control. That was the end of it. The Cable Office assured me that the county's IT department would provide an official mail list and webspace. Over the years, the committee occasionally queried Alisoun Moore, MC CIO, on the status of that request. No response was ever heard. The latest news is that Alisoun has stepped down and the county is in search of a new CIO. Anyone interested? Perhaps someone who knows about mail lists? RSS? Web pages? Videos? Communication? It's not that hard, is it?

Budget

Perhaps the only activity with the potential for real work that regularly faces the committee is the opportunity to weigh in on the cable budget. The cable budget is roughly $15 million. This supports the PEG channels, the Cable Office, the inspectors, the lawyers and the county network ("I-Net" or "institutional network"). The majority of the money for this comes from the franchise fees paid by cable TV customers.

Amy Wilson of the Cable Office gave the briefing on the budget. Briefing is an apt word because it was all too brief. She provided no new numbers but rather the old estimates from last year and asked for comments before they were sent back to Executive Leggett and on to the Council. But her deadline was February 5, meaning 7 business days. The committee has never been able to turn things around so quickly - so after making a show of staring at the spreadsheets for a minute and plaintively asking for guidance from the Cable Office (which refused), the committee agreed to rubberstamp the existing numbers without debate and provide a letter supporting the old figures in the budget - figures which presumably won't be the ones issued by the Executive. (The budget subcommittee nominally left the door open for last minute observations in the remaining few days but I don't see that happening.) Bottom line: Nominal budgetary support without justification. Or in more familiar terms: Taxation without (meaningful) representation.

Amy pointed out that the Executive asked the Cable Office for two budgets: one capable of sustaining existing operations and a version with a 5% cut. The Cable Office didn't share where the 5% might come from nor did the committee ask.

Personnel Changes

Besides a new CIO, there are a few other changes in personnel worth mentioning: Jane Lawton, MC Cable Administrator is off to Annapolis again as a Delegate for District 18. She is expected back mid-April. In her stead as Acting Cable Administrator is Donna Keating who normally takes care of the G (Government) of the PEG channels.

Suzanne Weiss is the new chair of the CCAC. Suzanne appears to be continuing the same procedures created by outgoing chair Shep Bostin. The most unfortunate of these is to restrict public questions until the end of the meeting - when context has been lost, when visiting officials have left, and committee members are half out the door as well. Suzanne officially ended the committee's secretarial position. I suppose it was a formality but one that bears mentioning because the Cable Office is in charge of recording the committee minutes, a practice which I think inappropriate given that the committee sometimes has very different opinions than those of the Cable Office about what is important and what is not.

Comcast has a new VP of government affairs. I don't know the name but this person will be responsible for both Montgomery and Frederick. Is the Frederick cable system (which includes the old Adelphia franchise) in good shape? What's the regulatory environment there - does anyone know?

The new Comcast VP asked to attend the next CCAC meeting. Years ago, it used to be common for Comcast and RCN VPs to attend CCAC meetings and give status reports and take questions. I can only assume that the representatives realized that it didn't matter whether or not they came - reporters didn't come, the committee had no power, and the meetings frequently became ugly venting sessions by the members - so why bother? Anyone want to participate in a pool for the number of meetings the new Comcast VP attends before deciding Wednesday evenings are better spent elsewhere? (PS: RCN reps haven't shown up for a long time. And Verizon reps have yet to show up.)

Finally, Sonya Healey has moved on from her position as the council staffmember responsible for cable matters. I'm sorry to see Sonya leave as she did an excellent job. She prepared the council briefing packets - very thorough and well written. She was happy to talk or email whenever citizens wanted and provide whatever they requested. And she regularly emailed briefing packets and agenda in advance, providing alerts for items of significance that were upcoming. She was the ideal of a county employee. I understand Sonya's new position is chief of staff for Councilmember Ervin. Ervin in turn worked in a similar position herself prior to winning election to the Council so perhaps Sonya is following in her footsteps. Sounds good to me!

Rate Increases

All of the franchisees (Verizon, Comcast, and RCN) have recently announced price hikes in their TV rates. This seemed to surprise committee members: Wasn't competition supposed to hold down rates? However their analysis was superficial. There are all sorts of significant factors that belie the rates themselves. The fact is that despite rate increases that exceed CPI increases and a lack of a la carte channels, there are still good choices out there for the consumer willing to hunt them down. For instance, Verizon's new rates are still significantly below Comcast's. Verizon offers a broader selection of channels and HD programming as well. Satellite is also very competitive. And one poster to the dslreports forum claims that Comcast is offering HBO free for the year. (Send me email or post a note here, if you are also able to get free HBO merely by asking.)

Comcast appears to be resting on its laurels, rotted as they are, and enjoying the slow speed of Verizon's deployment as well as the resistance of consumers to try satellite, and the confusion of the marketplace, particularly with respect to higher tiers such as HD (where providers make a huge profit). A good article about the complexities of the local marketplace appeared in this week's Washington Post in which Howard Bryant and Rob Pegoraro described the difficulties and disappointments of the choices. I mentioned recently how the (ostensibly) technically superior service of Verizon could still be unacceptable - giving my own case as an example.

Apart from complaints about the inability to get Verizon TV (only available to 75000 homes in MC so far), the committee spent more of its time grousing about Comcast. Complaints included poor analog picture quality, poor audio quality, poor HD quality, and so on. Cable Office staffer Marjorie Williams described how disappointed she was in her own Comcast service, specifically pointing out that on some channels, she could detect little difference between digital and analog quality. Verizon TV, on the other hand, seems to be delivering on quality. Everyone to whom I've spoken is quite happy with what they're seeing. Margie went on to say that the early complaints received by the office about Verizon were entirely about billing. No service complaints and no installation complaints. (If you're reading this and have complaints that aren't being resolved by Verizon, please file them with the county.) Complaints are understandable with a brand new service. We won't know the true extent of them until the council's MFP review at the end of Q1. (Note: The Q4 review will be Feb 5, 2007.)

Meanwhile, Comcast is being fined again by the county for violations of the customer service provisions of the franchise related to telephone answering time in the 4th quarter of 2006. The new fine is roughly $12K. As one member observed, this is well below the cost of hiring another person to answer phones so it's not surprising that Comcast would gladly pay the fine rather than avoid it by increasing staff.

Consumer Rights Brochure

I missed the last two committee meetings and so was surprised to see the committee continuing to flagellate itself over the cable consumer rights brochure. To recap, this is a one-page brochure that I drafted years ago and made the mistake of believing the committee could agree to publish with minimal additional work. Since then, the brochure proceeds to come up at each meeting: yet a new draft is shown, members recommend changes, ask what the hell it is or what it means, some condemn it as incomprehensible, and discuss yet again how it should be distributed. And the committee has also been jerked around by the county lawyers who evidentally feel there is something illegal or immoral about the whole thing. This month the committee reported being rebuffed by a representative of the Office of Consumer Protection which publishes a lot of similar brochures and, when asked, declined to help instead suggesting that the committee take responsibility itself.

CCAC Vice-Chair Joy Ragsdale observed that one Don Libes had made a version of the brochure complete with county logo available on a website which would lead to confusion between it and the official one. I doubt that - not only is much of the text different but so is the title! In any case, it's surely a moot point. The latest move by the committee was to turn the whole thing over to the Cable Office - which surely means a final death - because the Cable Office always wanted to kill the brochure. There is no one in the Cable Office who has a burning desired to invest any effort in the brochure.

The committee didn't ask for my opinion on any of these issues - even though I was sitting right there as they continued to throw my name around. Note: Since 2006, members of the public have not been allowed to speak unless specifically called on by the committee. If they had, I would've suggested they drop the whole thing and return to the useful parts of the meeting - the briefings by the Cable Office and other visiting officials.

PEGs

Richard Turner, Executive Director of Montgomery Community Television, gave a status report about the PEG channels. Alas, he did not provide an update on MCT so my understanding of what's going on there is limited to what appeared in the draft minutes of the previous committee minutes. To wit:
Jane met with Richard Turner and Theresa Cameron regarding the MCT volunteers. The situation is still very delicate since MCT Volunteers who have been with MCT for years are attempting a take over by regaining board seats with the intention of remoing the current executive director. An arbitrator is now in place to assist with resolving the issues.
I have no idea what that really means but at the request of committee member Yen-Ju Chen, herself an ex-PEG official, the "delicate" sentence was stripped from the official minutes.

If there is further interest in the PEGs, I'd like to cover what they're doing (and why they need so much money!) to do it. Let me know if you'd like to read more about the PEGs. And tell me which PEG shows you watch. Thanks!

Thursday, January 04, 2007

And We Are Here To Help

Montgomery County's MFP committee will be holding a quarterly hearing on the county's cable franchisees. This will be the first meeting with Verizon as an official franchisee. Are we still in the honeymoon? We'll find out. February 5 at 9am on the 7th floor of the Council Office building.

My guess is that the honeymoon is still on (and the council has its hands full of other problems) but I've heard a lot of complaints from people waiting to get fiber and not understanding that, well, it takes time. And Verizon, despite wanting to roll out service as quickly as possible, has plenty of time built into the franchise. Please calm down folks!

I've got my own problems. I've become dismayed to find - as I had feared all along - that I cannot get any kind of device with which I can readily schedule recordings of FIOS TV on my computer. I really don't want to get a separate DVR and display. Might I end up with FIOS for internet and Comcast for TV? Egad. And please don't tell me the quality of FIOS TV is so much better. Or that it costs more this way. I accept this. Or do I. This is so frustrating.

Volunteers Wanted

The County is looking for citizen volunteers to serve on the Telecommunications Advisory Committee (TAC). This committee advises the County Executive and County Council. Well that was always the theory anyway. Very little advising has taken place in the years that I've been observing the committee. For example, the TAC was not invited to any of the Verizon negotations or strategy sessions held by the Executive.

Just about everyone involved shares some of the blame for lack of communication. (Well, the council wasn't invited either so I can't blame them too much.) I've explained the problems several times before so I won't repeat them again. (Browse the archives.) Hopefully, new members will be more informed and willing to work. And perhaps the new Executive will be more interested in the committee's opinions.

There are five openings on the committee. Four members are eligible to apply for a second term. But I would assume that most of them won't.

If you have any questions about the committee, please post them here and I'll answer them. And attend the meetings to see what goes on. Hmm, looks like the Cable Office hasn't been updating their online calendar. Sigh. Assuming they stick to the usual schedule (3rd Wednesday of each month), the next TAC meeting should be January 17, 2007. However, I see the official solicitation for new members says that meetings are on the "forth (sic) Wednesday evening of each month." A new strategy to keep attendance down?

Incidentally, if you'd like to serve on another committee, here's the full list of openings. Hmm, I just tried clicking on it and got Windows NT Error number 2 occurred. (And I know it's not my computer since I'm not using Windows!) Maybe you'll have better luck.

Wednesday, December 27, 2006

Avoid Free Email

Christmas is over. I can go back to delivering uncheery news. Here goes.

Montgomery County's cable franchisees provide customers with "free" email and "free" email addresses. Great! Or is it? Let's look at these two offerings one at a time.

Free Email Addresses

By "free" email addresses, I mean addresses such as chocoholic@comcast.net or poodlefan@verizon.net. The domain names (comcast.net and verizon.net) show they are provided by a franchisee. I strongly recommend avoiding such addresses for your own use. These addresses tie you to the franchisee so that if you decide to change from one (oh let's say for example, Comcast) to another (gosh, let's say Verizon), you have a huge problem in front of you. There's no easy way to get all of your friends, colleagues, and family to use your new email. It's a hassle for you and it's a hassle for them. And you're probably on lots of email lists, too. Providers cannot be depended on to forward email after you close your account and get a new email address. So any mail that goes to the old address is lost to you.

Even worse are all the services that do authentication by reachability: You're authenticated if and only if you can receive email at the address you used when you originally signed up. I've got oodles of such accounts. There's no way to easily update all of these accounts. Apart from the number of them, some of the services using this technique make it very tricky to change email addresses.

I am particularly surprised when I see people using such addresses as part of their business. That's just asking for trouble - and having to reprint business cards or letterhead is the least of the problems. All the places on the web that have that old email address are essentially set in stone. There's just no way to get all the search engines on the web to give up a pointer to an old email address. If, for example, your business as a dance teacher received a favorable mention in the Gazette, it will be impossible to get the Gazette to change their archives to reflect your new address.

I know a lot of people switching from Comcast to Verizon and this is exactly the pain that they are going through. (And perhaps they'll be going through the opposite problem next year.) And this is why companies like AOL, offering an otherwise uncompetitive service, have been able to keep customers as long as they have. Because they own the email addresses that so many people have used for years are loath to give up. AOL recently recanted on this policy - AOL now allows non-customers to have AOL addresses - in an effort to stem the loss of customers by the millions - so ex-customers can keep their old AOL email addresses.

Even if you're happy with your provider or just decide it's easier not to switch to avoid such problems, you could still run into the same problems. For instance, cable companies go out of business or get bought out. Even Comcast - which has been stable here in Montgomery County, MD - has a record of switching domains. Comcast has bought several other franchises (e.g., Adelphia, Telemedia), forcing those users to switch to a comcast.net mail address. And Comcast has sold or traded franchises in other areas (e.g., Time-Warner), with users having to give up their comcast.net mail addresses. Such a scenario could definitely happen here.

Even without these franchise swaps, email addresses can be taken back by the provider. A number of reasons are plausible - from claims about spamming to demands by other users who happen to have clout. Bottom line: You don't own these mail addresses. (The provider does.) You don't even rent them. (They're "free," remember?) There is nothing in the terms-of-service (e.g., Comcast TOS) preventing you from losing your email address.

The Solution

Buy an email address thereby giving you control over it. It doesn't take very much money to buy a domain with lots of email addresses. For example, google, yahoo, and godaddy offer domains from $10 or less a year. Some, such as active-domain.com include an unlimited number of email addresses. There are many other providers that offer similar service and rates. (If you know of better deals with quality providers, please post them.)

Recognize that these email addresses are forwarding addresses. You can advertise your personalized email address but the email gets forwarded to some other service. So people may email me at don@libes.com but that is just a forwarding address that sends mail on to my mail provider - which might be Yahoo mail, Gmail, or some other provider (see below). If your mail provider, say, Google, takes back your account or you depart, say, Comcast, you can simply get a new account somewhere else and redirect your forwarding address to it. Note that I'm not recommending Google or Yahoo for mail; I'm just using them as examples here.

Having your own domain for mail forwarding is excellent and inexpensive but it's only half of the solution. Now the other half...

Free Email

A counterpart to free addresses is the free email offered by providers. By email, I mean the actual process of sending mail, receiving mail, and storing mail. Some providers also provide other services - such as spam filtering.

Can you guess what I'm going to say next? Avoid using the email service offered "for free!" by your internet service provider.

Before I get into the whys and wherefores, you're probably noticing how much I harp on the "free!" clause. Of course, we know they're not really free. Obviously, someone is paying for them. Could it be, uh, you and me? What the companies mean when they use the term free is really bundled. You are forced to pay for it and the cost is hidden, buried within your other fees (along with "free" webspace, "free" videophone service, "free" game portals, and so on). But when it is "free" in this sense, it's generally of minimal quality; whatever the provider can offer and still stick it in advertising copy with a straight face. Maybe some asterisks will help.

What do I mean by minimal quality? Well, for starters, there are few stated performance levels. No explanations of quality. No real guarantees. Just implied promises - most of which you, the wishful customer, read into it.

In the Comcast forum at dslreports.com, I have seen repeated reports of:
  • mail delivered after significant delays
  • undelivered mail
  • problems with their spam filtering
  • problems related to unadvertised limits
  • problems with other sites classifying Comcast as a provider of spam resulting in delays or blockages
Mail delays do not necessarily produce warning messages nor are complete failures necessarily reported to customers.

I have not followed Verizon's email service for as long but I have no reason to believe it would be any better - for much the same reason - it is offered as a freebie. Indeed, within the past few months, there have been outages reported (also at dslreports.com) of Verizon's email service as well.

If you ask in just the right way, you may get credit on your bill for outages but such credits aren't guaranteed. There's no law requiring it nor is there anything in your contract to compel it. And even if you get credit, will it make up for the loss of service?

I've heard people claim "Personal email is not that important to me." Huh? Why even bother sending email if you're willing to accept that it won't be delivered? Or that you won't get the reply? Or that your email may disappear from your inbox?

I believe email’s use for telecommuting, communicating with businesses, or just interacting with friends and family, to be very important. Unfortunately, there are no organizations that monitor or regulate email performance. This means that any claims made by your provider should be viewed skeptically. And even if literally true, you need to read between the lines and think about the implications.

There are many providers who have mail standards and good records to match. For instance, fastmail.fm and tuffmail are popular with some of my friends (although I don't use either myself). I hesitate to recommend my own provider or to even give specific recommendations because your choice will depend on numerous factors which differ from one provider to another. Most people focus on price and disk space limits. I give much more weight to reliability and support for IMAP. Other important attributes include bandwidth limits, spam/virus filtering, privacy, security, and timely status reports. Infinite Ink has a discussion of quality measures for IMAP providers that you may find helpful. If you know of a similar listing of POP providers or a forum in which mail service providers are discussed, I'd like to hear it.

Bottom line: Don't be surprised by disappointing (but "free!") email service from your cable provider. Expect to pay for quality mail service. Recognize the consequences of your choices in email providers. Anyone requiring a particular level of email service should arrange for email service from a provider which can provide a written performance standard and can demonstrate a record of timely delivery and reliable service.

Thursday, November 30, 2006

Unanimous

As I predicted, the Verizon franchise was approved on Tuesday (November 28, 2006). With the full council present instead of just three MFP committee members, the same questions were asked; the same responses were given. The very same responses were also given to new questions. For example, one councilmember asked how Verizon was able to buy out of the unlimited future obligations to provide free access to many agencies that Comcast is required to do.

Here's my paraphrase of that interchange between Jerry Pasternak, Special Assistant to the County Executive and Councilmember Steve Silverman:

Steve: I can understand that Verizon bought us off, but 1 million? My dog could've come up with that number.
Jerry: < insert handwaving here >
Steve: As long as you're not going to explain how you came up with that obviously arbitrary figure, can't we bleed them for more?

My paraphrase of Jerry's response is terse but otherwise accurate. His actual words were remarkably close to those that I quoted on Monday so I won't repeat them.

And with that ("that" meaning 10 minutes of decent discussion and 30 minutes of unnecessary hot council air and protocol), the franchise was passed. No last minute amendments. Unanimous.

Immediate Future

I've heard conflicting statements as to when it would be possible to order service. A Gazette article appears to suggest that, although approved, the franchise has yet to be signed by the council president but availability should follow immediately. The Verizon's press release says "by the end of December." The latter makes the most sense. However, availability will be rolled out in stages across the county with requirements for some areas on the order of years. For instance, as I understand the section applying to Rockville, even if they get approval from the City, Verizon has three years to offer service there. And if the issue isn't settled by the end of this year, the limit is pushed back to four years. (If the final franchise is different, I'll correct this as soon as I find out.)

Of course, these are just limits and, while legal, will probably be moot in the future. For example, the county could let Verizon take longer if things don't go well (RCN being an example of this). Alternatively, Verizon could act more quickly on its own. For now, Verizon promised availability to 75,000 homes as of January 1 2007 and asserted that they would have the staff - including bringing personnel from other regions - to deliver on that promise. Of course, that presumably refers only to the Initial Service Area described in the franchise. As for actually getting TV service installed - according to Lori Edwards' testimony, the franchise allows seven days for the installation of an ONT at the house and seven more days to turn on the service. So unless you have Verizon's internet service already, you can expect to wait a while from your initial service call.

Let the Discounts Commence

Earlier, I had said (incorrectly) that Verizon's internet service required an annual plan. I was wrong but the price is significantly higher for a monthly contract - so high that few people will get it. For instance, Verizon charges a $69.96 installation fee for monthly subscribers; for annual subscribers, the installation fee is $0.

If that seems an unconvincing come-on, I recently received a flyer: $15/month off for 3 months on an annual contract for Verizon's 15/2 service. This brings the price down to that of their lowest-speed service, which you can switch to at any time without penalty (e.g., after the 3 months is over). Think of it as a come-on to experience their higher-speed service for awhile at no extra charge.

On the downside, you're still obligated to a pay a $19.99 activation fee as well as being subject to a $99 early termination fee should you decide not to go the full year.

Will Verizon roll out more discounts come January 1? Undoubtedly they will offer something similar to what Comcast is doing - a triple or quadruple play offer. I'll have more to say about this as the promos roll by over the weeks ahead.

Of course, rates aren't everything. Nonetheless, it will be interesting to see how quickly Comcast responds.

Tuesday, November 28, 2006

Faith-Based Franchise

Readers may have noticed my recent lack of updates here. It's been a consequence of work-related deadlines followed by an invasion/occupation at my home over Thanksgiving. (No dad, I would not consider it helpful if you defrag my computer.)

Things slacked off enough for me to attend the MFP Committee Meeting on Monday, November 27 2006. Alas, the briefing packet appears to be an outdated briefing packet for an earlier worksession from a week earlier. I didn't attend the Monday session in person so I was stuck trying to make sense using the out-of-date packet.

Some of the issues from that earlier worksession had been resolved during yet another worksession, this one private, between Councilmember Marilyn Praisner, Verizon, and a small set of county officials and lawyers. They worked out some more issues but many remained. But from listening to the Monday session, it's apparent that Verizon is wearing down the county.

What's Left

Although it appeared that the county improved its position with Verizon on some areas (such as Poolesville) and MPDUs, for example, Verizon agreed to faster deployment - I don't think Verizon will find it challenging to deliver on those commitments. It's in their interest to do so anyway. (We interrupt this blog for an important Verizon-Rockville Status Report: Still going nowhere.)

On the other hand, the county was unable to get more control over Verizon's delivery of PEGs. After demagoging for a while about how important the PEGs were, Marilyn declared that she would take it "on faith" that Verizon would be willing to improve PEG delivery in the future. (I think the county should have offered to trade PEG channels for IPTV bandwidth, a win-win all around.)

Another area of disagreement concerned accounting over FCC requirements for telephone answering times. Verizon claimed that their call-answering service couldn't disaggregate whether calls were arriving from MC or other jurisdictions. Pretty hard to believe, given that Verizon is a phone company. But county officials didn't appear to want to hold up the franchise for it.

A more important issue was what kind of requirements Verizon would have for fixing service problems. For example, the negotiated proposal offers a hard limit of 72 hours - although not including weekends and holidays and perhaps not evening hours - after which credits would automatically be issued. This is quite a bit different than the existing franchise requirements which are in some ways shorter but don't require automatic credits. Also, existing language only requires a problem in a single channel whereas the Verizon proposal requires problems in all channels. To me, this is a showstopper right there.

Verizon's proposal also has different requirements for mass outages/credits but I'm not even going to bother describing that since the Verizon representative pointed out that they would be willing to accept the "inferior" language used in the existing franchises. I don't mean to be too unsympathetic - Verizon's offer may indeed work well for people who do not keep records or complain promptly. But as a person who does, I'd prefer to stick with the existing language. Marilyn didn't see that distinction but observed that she'd like the existing language simply for consistency. Okay, I won't argue with that idea.

Indeed, Marilyn asked Jerry Pasternak (Special Assistant to MC Executive Doug Duncan) - who presumably negotiated the original agreement on behalf of the county - how he could explain the large difference in the requirements, and his response is startling in its lack of information. Go ahead Jerry:
I think, I think that the bigger picture response to that is that these are, uh, this agreement is a separate different agreement than the ones that are in place. It was negotiated at a different time with different technology under different circumstances. And, uh, rather than, um, focus on specific detailed requirements in one agreement and insist on the same provision in the other, we looked at the entire package for comparability. We looked at what we thought would be a f... a business practice that a company tells us this is how they are structured and set up to operate and we concluded that although not identical, the two procedures, the two provisions are comparable enough and when consumers have that choice, uh, they can vote with their wallets and if they don't like the way their service is being handled they will have options and, ah, so we're not going to have identical provisions in these agreements but we think if you step back and take a look on the whole they're are not ... they are comparable uh and that was our reasoning for, uh, for the differences.
In other words, we agreed to what Verizon told us they wanted. Thanks, Jerry!

Marilyn went on to further point out that it's not as easy as Jerry might have us believe: That unhappy consumers will vote with their wallets and nimbly switch providers when unhappy. Given the years of unhappiness with Comcast which I and so many of my colleagues and friends have personally endured, it's hard to imagine switching back to them. Verizon is going to have to be really bad for that to happen. And even assuming that came to pass, what happens when Comcast screws us again? Switch back to Verizon? Huh?

Later in the meeting, again faced with a difference in the franchises, Jerry offered that the county could force Verizon to behave as if the franchise had the traditional wording - all we'd have to do is wait "12 months" to require Verizon to obtain the monitoring hardware and software and, oh, I dunno, another 12 months to get it running and collect data and turn it over to the county and have them eventually issue a fine only to be appealed. What?! Sorry Jerry, but this makes very little sense.

Despite all this very little sense, the committee members agreed to recommend the franchise go forward albeit with reservations on these unsettled issues. Despite my experience with the council wanting to tweak and control, I don't see it happening here. The council wants to pass this franchise - they are tired of having constituents complaining about Comcast; they are tired of having to talk about competition rather than provide it; and the subtleties of the franchise differences are likely to be lost on them, despite the yeoman efforts of council staffer Sonya Healy who does a damn good job in the briefing packets explaining the trade-offs. Of course, the council also recognizes that to disagree and potentially send this back for mediation or, god forbid, further legal action is the last thing the county wants to be involved in, the hell with the citizens. And lastly, the council is winding down and quite a few are leaving - they'd like to get credit for actually having done something useful with the cable mess.

So my prediction remains as before: On Tuesday, November 28, 2006, discussion beginning at 9:50am will end with the council passing the franchise - hopefully becoming more consistent with existing franchises but (and they'll all be saying this) "I can live with it either way."

Sunday, November 05, 2006

A Crossbow Might Help

First of all - a correction. Previously, I mentioned that Verizon TV would require an annual contract. I was wrong. The Verizon packages and prices page says nothing about that - it does mention an annual contract option on the internet side which is where I became confused. My fault. Fortunately, I didn't mention that in my testimony on Tuesday.

In fact, I didn't testify on Tuesday nor did I attend the Monday MFP meeting. Instead, I attended the Serious Games Summit. In short, serious games are games used for non-entertainment purposes such as for learning about the environment or experimenting with gerrymandering. Doesn't sound fun? Imagine a World of Warcraft clan going after the golf course owner responsible for excessive runoff from fertilization. Or after a cable company that is ignoring your neighborhood. Who needs a customer support number? All of a sudden that crossbow feels a touch more useful.

Alas, the county is still stuck with traditional penalties in amounts that don't seem particularly effective. The most recent Comcast fine of $1228 works out to roughly half a penny per customer. Having been hit with these fines many times, Comcast's franchise just doesn't seem to have an impact. It doesn't have enough teeth. It lacks precision. It lacks clarity. And it looks like we're going to get another one just like it. Similar enough anyway. Inequities aside, what I see looming is a huge minefield which we'll spend the next 15 years exploring together.

Don't get me wrong. I desperately want competition. And Verizon seems competent enough. Admittedly, Comcast has set such a low bar that my expectations aren't high. But I like some of the things that Verizon is offering. Can't beat fiber to the house, that's for sure. And the prices look great. Will they deploy quickly enough? Will customer service be acceptable? Will channel selection, umm, suck? Or, paradoxically, will Verizon be so good that Comcast finds that it cannot compete and closes up shop leaving us in a de facto monopoly situation again? Should the franchise require that Verizon not be too good? Oops, sorry - I'm not seriously concerned about that last thought.

As Monday's MFP meeting showed, there's little for Verizon to worry about as long as Comcast continues its longstanding practices. I've already mentioned some of what was presented. This week's Gazette provided more updates including an announcement from Comcast that they would be hiring 400 more people in the DC metro area - a good example of a meaningless statement. Not only isn't it specific to MC, but it matters naught if the people aren't trained or just continue to follow the same scripts that they currently use.

To underscore how badly Comcast practices are currently, here's an excerpt from the same Gazette article. I particularly like the last paragraph.
Janice Cadel, 48, of Gaithersburg recently experienced Comcast’s customer service problems first hand, she told The Gazette.

When she called Comcast to change her billing because she added telephone service to her television and Internet service, ‘‘they literally closed out my Internet account,” Cadel said. ‘‘When I called the customer service line, I got hung up on several times.”

She managed to get through the next day and was told her Internet service would be restored in 24 to 48 hours. When it was not restored, Cadel called again and was told there was no record of her previous call. Her Internet connection was restored the next day, but Cadel said the e-mails the family received during the outage were lost.

‘‘We take customer service very seriously, and we’re always trying to make customer service exceptional for Comcast customers,” said spokeswoman Lisa Altman, who said she could not comment on specific complaints.
Two more tales of woe can be found in the October 30 MFP Packet - click on item 4 and then go to page 34.

Public Hearing

As I mentioned, I also missed Tuesday's meeting but Jaime Todero, a Rockville citizen, attended and provided the following summary (originally posted to dslreports):
Only 10 people testified:
1) Jane Lawton representing the County Executive
Gave similar testimony as when testifying before the Exec
2) City Councilmember Susan Hoffman representing the City of Rockville
Gave similar testimony as when testifying before the Exec
3) Suzanne Weiss representing the Cable and Communications Advisory Committee (yes, the old name was on the agenda)
Testimony was largely regarding PEG issues.
4) Briana Gowing representing Verizon
Got cheers when she said MASN would be delivered without the $2 surcharge.
5) Michael Egan, individual
Asked for more consumer protections, but as Praisner pointed out afterwards, his suggestions are not legal
6) Richard Turner representing Montgomery Community Television
Testified to issues regarding free service at public buildings, and some other PEG-related issues
7) David Friedman, individual
Pointed out that Comcast supplies free service to 700 places, but Verizon is only required to serve 100.
8) Angela Lee representing Comcast.
Noted the differences between Comcast's requirements and Verizon's requirements (neglected to note that Verizon will pay 3% PEG/INet fee but Comcast is quite a bit shy of that)
9) Robert Carlisle, individual
Former Corning employee, is delighted to see the new network - the sooner the better.
10) Jaime Todaro, individual
Basically just said: Hurry Up Already!

In follow-up questions, Praisner asked Lawton to point out the changes the exec made in response to public testimony by the 13th, and she jokingly suggested that Rockville should de-annex if they want all their footprint covered in 2 years. She also suggested that Egan pursue a Cable Compliance Commission claim.

In response to Andrews' question regarding what could be done to speed things up, Gowing noted that the service dates VZ was willing to commit to in the agreement were the "outside" dates and service would likely be ready sooner in most cases.

Leventhal pointed out that we're just as likely to have uniformly high prices and uniformly bad service, and asked Verizon if there was any chance he was wrong. Gowing's answer was pretty weak, and Lawton added that other jurisdictions with agreements in place have not noticed better customer service.

In closing, Praisner pointed out that many folks on the I-270 "technology corridor" (a reference to Carlisle's testimony) would not see service for 7 years if ever, and assured everyone that this matter, as well as the inequitable number of free service locations would be looked in to.

After the hearing, I spoke to Doug Breisch (sp?) of Rockville DTS, who seemed stunned that Verizon was preparing to light Montrose Road, and asked me for specific streets where deployment is happening. I assured him it was all outside the city limits.
Timeline

The MFP committee will hold a worksession to discuss the Verizon franchise on November 13, 2006. This worksession is open to the public. If the worksession sends the franchise to the full council, the earliest it can be heard is November 28 since that is the next time the council meets. However, the agenda for that meeting will not be available until November 22.

Although these delays drive some people crazy, I've been figuring for awhile that January 2007 was a realistic target. November 1 would be even better. But either one qualifies as "imminent" in my book. So I called up Verizon, and asked if I could be put on a waiting list to get their TV service.

I was turned down.