fairpoint

FairPoint Continues Fight Against Competition in Maine

Light Reading took an in-depth look at FairPoint's anti-competition, anti-public ownership lobbying in Maine, where it is fighting a stimulus award to a consortium that includes a public entity. We have previously covered goings-on in Maine where FairPoint is involved due to their terrible track record of offering services while pushing for rules that would prevent communities from building their own networks.

For those who are not familiar, FairPoint had bought the lines from Verizon as part of a tax-dodge called the "Reverse Morris Trust" (one loophole that might be closed before Verizon can abuse it again). FairPoint promptly went bankrupt, but not before screwing up service for thousands upon thousands of residents and businesses in New England (from months of screwed-up billing to weeks without telecom services). Now FairPoint wants to make sure many Maine residents have no choice in providers for the foreseeable future.

Carol Wilson's look at this situation is fairly comprehensive.

... Maine Fiber Co., won a $25.4 million grant to build what is called the Three-Ring Binder, an middle-mile fiber optic network that will include three fiber rings in Western, Northern, and Downeast Maine. Maine Fiber’s intent is to lease dark fiber as an open access network, and not to sell commercial services.

More details about the Three Ring Binder are available here and here.

The Maine Fiber Company is a private sector entity that has partnered with the University of Maine System. Though the company will run the network, some fibers will be reserved for the schools - this is a common private-public partnership that is mutually beneficial. This network will be open access - meaning that all can use it on equal terms (as opposed to being monopolized solely by the owner, as FairPoint does with its network). But FairPoint sure doesn't want to deal with competition in the many areas that it currently monopolizes with poor service at high prices.

It [Three Ring Binder Network] is now facing a challenge from FairPoint Communications Inc. , which bought Verizon’s networks in Maine, New Hampshire, and Vermont, and has gotten a bill introduced in the state legislature prohibiting the state and state-owned divisions from providing telecom services to non-state entities.

Fortunately, the bill does not look like it will succeed.

The spokesman for FairPoint is quick to say they are not against competition... just as 100% of all incumbents do -- claiming to be for competition even as they do everything they can to preserve their monopoly power.

He asserts that Fairpoint won’t lease dark fiber because it is against company policy to do so. “We want people on our network.”

Of course they want people on their network! This is the modern paradigm for telecom companies - they use the ownership of a wire to own the customer. Such an approach great for telecom profits but leaves the rest of us disadvantaged relative to the rest of the developed world; they have smartly used government policy to break telecom monopolies -- either by regulating in the public interest (unbundling) or by building infrastructure that puts communities before profits.

Associate Communications and Network Services Director for the University of Maine explains that they can no longer wait for FairPoint:

“High-speed broadband access is center to our mission, there is no way you can get around it these days,” Letourneau says. “We went through half a dozen years where our research was being held back because a couple of private companies weren’t willing or able to make the investment in the infrastructure. We can’t ever be in that position again. We are probably the last region in the country to do this. We are not being cutting edge here -- we are just keeping up with the Joneses.”

FairPoint responds to the fact that its rates are too high:

Nevins concedes that Fairpoint’s rates are probably higher -- but that’s because Fairpoint isn’t getting tax dollars to build its network and must recover its investment in the marketplace.

This is absolute crap - networks in rural areas are heavily subsidized by a federal program called the Universal Service Fund. FairPoint's argument is essentially that a government that is subsidizing its services should not also subsidize another network that will compete with it. And on this, we can agree. Government programs that subsidize bad-actor private companies like FairPoint should be abolished. We must stop subsidizing their profits while they refuse to offer affordable prices and the speeds communities need. Further, any network receiving public money should be open to competitors on an open access basis because our tax dollars should not go to unaccountable monopolies.

As one of the commenters on that story noted:

Maine has a choice: Have the best middle-mile network in the country or have one of the worst, and forever be like a third-world country off on a remote edge of the continent.

Actually, most communities have this choice.

Folks in Maine Resent FairPoint's Lobbying Against Broadband Awards

As Karl Bode recently asked, "Should Fairpoint Really Be Giving Broadband Advice?" They have been lobbying against other stimulus projects in Maine that could allow FairPoint subscribers to actually get service that works and puts communities first.

Given FairPoint's horrendous track record in New England since taking over Verizon's run-down network, I'm glad to see a local paper taking them to task for their attempts to deny broadband to significant swaths of the state.

FairPoint is demanding that Maine law prevent the university from selling access to its network to any customer outside the governmental sector. Instead, those customers would have to take their business to FairPoint.

If FairPoint could take care of the customers it already has, and if it was keeping up with its promises to serve more of the state with high-speed Internet, it might have a stronger case.

People in Maine need to realize they will remain behind in network infrastructure so long as they depend on companies like FairPoint rather than the old New England values of self-reliance. Absent public competition, FairPoint will remain the only "option" because no private provider will find profits competing in these rural areas.

Verizon Actions Show Carriers Will Not Wire Rural America

In a recent post the NY Times Bits Blog, Saul Hansell reports "Verizon Boss Hangs Up on Landline Phone Business" - something we have long known. Nonetheless, this makes it even more official: private companies have no interest in bringing true broadband to everyone in the United States.

Verizon is happy to invest in next-generation networks in wealthy suburbs and large metro regions but people in rural areas - who have long dealt with decaying telephone infrastructure - will be lucky to get slow DSL speeds that leave them unable to participate in the digital age. These people will be spun off to other companies so Verizon can focus on the most profitable areas.

For instance, Verizon found it profitable to spin off its customers in Hawaii to another company that quickly ran into trouble before unloading most of its New England customer on FairPoint, moves that enhanced Verizon's bottom line while harming many communities (see the bottom of this post and other posts about FairPoint).

Isen has been writing about it recently - picking up on FairPoint immediately breaking its promises to expand broadband access in the newly acquired territories. No surprise there.

Isen also delved deeper into Verizon's actions, with "Verizon throws 18 states under the progress train." He is right to push this as a national story - the national media focused intently on the absence of major carriers in the broadband stimulus package but they seem utterly uninterested in major carriers running away from broadband investments in rural areas.

Though Frontier likes to position itself as a company focused on bringing broadband to rural areas, it offers slow DSL broadband and poor customer service to people who have no other choices - more of a parasite than angel. As long as we view broadband as a vehicle for moving profits from communities to absentee-owned corporations rather than the infrastructure it truly is, we will farther and farther behind our international peers in the modern economy.

Perhaps the most frustrating angle of these transactions are the many ways in which Verizon benefits from stranding thousands of communities. West Virginia is one of the states most impacted by the proposed Verizon-Frontier swap and has generated in-depth coverage of the story.

She [Elaine Harris of Communications Workers of America (telephone employees union)] believes the payoff for Verizon is it cannot only make money selling off its assets, but it can take advantage of a federal tax loophole that allows tax-free mergers between companies. The smaller companies are left saddled with debt and, as a result, can't make the necessary upgrades to existing infrastructure, turning off customers and ultimately leading to work force reductions as dissatisfied customers turn somewhere else.

Trying to figure out how to force absentee-owned, profit-maximizing corporations to bring true broadband to everyone ignores the reality of our market system: we are trying to force the square peg through the round hole. These companies may well invest in urban and suburban areas (though these areas continue to fall behind major cities elsewhere in the world) but they have no reason to invest in rural America. To get the job done, we need smart public investments to ensure everyone benefits from the communications revolution.

When we expanded telephone and electrical infrastructure to everyone, everyone in the United States benefited because networks always become more valuable as they increase in size. More people on the network means increased markets, increased productivity, and a higher quality of life.

Ensuring everyone has quality broadband is not charity for rural folks, it is in all of our self-interest. The narrow self-interests of Verizon, Frontier, and FairPoint (this is not a shot at them, companies are designed to have a narrow self-interest for legitimate reasons) do not line up with our larger national interest - something that too few people understand when dealing with broadband policy.

This is a video offering good coverage of the FairPoint problems:

Photo by Derek Jensen, used under creative commons license.

FairPoint unfairly competing with UMaine?

FairPoint's lobbyists in Maine have gone on the offensive, arguing that another group attempting to get stimulus funds is competing unfairly. FairPoint, you may remember, has already accomplished the improbable: it took over the dilapidated networks in New England from Verizon and made them worse. The charge of unfair competition, even if it were true, would be silly because FairPoint has proven it cannot provide these important services.

Karl Bode put Fairpoint in its place:

Even if the company was competing directly with UMS, at least Maine residents could be certain the University will even exist a year from now. But as it stands, Fairpoint isn't competing with the University of Maine. They're competing with a public private partnership of which the University is only a member. Applications for Federal funds are open to public entities and private companies. Given recent history, giving taxpayer dollars to somebody other than the regional dysfunctional incumbent might not be the worst idea in the world.

Bangor Daily News argues that rural Maine cannot afford to fight over who will expand broadband access. Unfortunately, Bangor Daily News' why-can't-we-all-just-get-along approach ignores the very real damage Fairpoint has already done to the state. Their suggestion that these competing networks just "be merged" seems like a call for open access but ignores the need for Fairpoint to maximize profits (right after it gets out of bankruptcy) rather than invest in communities.

The larger point is ominous: the idea that large institutions should suffer with whatever crummy service Fairpoint provides (at the high prices they will provide it) in order that Fairpoint can expand its poor DSL service to rural areas, misses the important point that Fairpoint cannot and will not offer the services that Maine needs. As Mayor Joey Durel of Lafayette suggested, maybe Maine should just send its jobs down to Lafayette, where they are building the necessary infrastructure for the future.

Watching the steady stream of news covering FairPoint's failures is pathetic - the Vermont Telecommunications Authority tracks telecom news in Vermont and much of it centers on FairPoints inadequacies. Putting public money into FairPoint would be a disaster - the exact sort of disaster Congress wanted to avoid when conceiving of the program. Unfortunately, NTIA ignored Congress public-interest requirement and may well waste funds on FairPoint.

Fairpoint May Declare Bankrupty

Last year, Verizon sold all of its landline assets in New England to a tiny company named Fairpoint. Even as Verizon was starting to wire suburban and urban areas with fiber-to-the-home networks, it continued to underinvest in rural communities, where those lucky enough to have DSL generally paid a lot for slow very slow speeds.

Rather than continue ignoring these properties, Verizon sold them to Fairpoint in a deal that some questioned as fraught with problems. Fairpoint has since met expectations: it is woefully unable to provide good service to people living in New England.

More recently, Fairpoint is hinting at future bankruptcy

In a filing with the Securities and Exchange Commission, the company warns that if the offer does not go through, it might not be able to make its interest payments due Oct. 1.

In a worst-case scenario, it said, this could lead to "an alternative restructuring plan (that) may include a bankruptcy."

If this were a publicly owned network, it would be championed by cable and phone companies as proof that those networks fail. We are not suggesting the opposite - that this is proof that all private networks in rural areas are doomed to failure, but it does offer evidence that a purely private sector-based model in rural areas is foolhardy.

Verizon is now getting rid of more rural assets by selling them to Frontier - a company better poised than Fairpoint to handle them, but also a company known for offering slow DSL speeds with a 5GB cap.

Communities that want to keep up with the rest of the world should look to themselves to build the networks they need. The private sector is either unable or unwilling to build the necessary networks to compete in the digital economy.

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