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AT&T and Comcast Helped Elected Official Write Plan To Stall Google Fiber (arstechnica.com) 84

An anonymous reader quotes a report from Ars Technica: As the Nashville Metro Council prepares for a final vote to give Google Fiber faster access to utility poles, one council member is sponsoring an alternative plan that comes from ATT and Comcast. The council has tentatively approved a One Touch Make Ready (OTMR) ordinance that would let a single company -- Google Fiber in this case -- make all of the necessary wire adjustments on utility poles itself. Ordinarily, Google Fiber must wait for incumbent providers like ATT and Comcast to send construction crews to move their own wires, requiring multiple visits and delaying Google Fiber's broadband deployment. The pro-Google Fiber ordinance was approved in a 32-7 preliminary vote, but one of the dissenters asked ATT and Comcast to put forth a competing proposal before a final vote is taken. The new proposal from council member Sheri Weiner "call[s] for Google, ATT, Comcast and Nashville Electric Service to create a system that improves the current process for making utility poles ready for new cables," The Tennessean reported last week. "Weiner said ATT and Comcast helped draft the resolution she proposes." Weiner told Ars that she asked ATT and Comcast to propose a resolution. "I told them that I would file a resolution if they had something that made sense and wasn't as drastic as OTMR," Weiner told Ars in an e-mail today, when we asked her what role ATT and Comcast played in drafting the resolution. Weiner said she is insisting on some changes to the resolution, but the proposal (full text) was submitted without those changes. When asked why she didn't put her suggested changes in the version of the resolution published on the council website, Weiner said, "I had them [ATT and Comcast] submit it for me as I was out of town all last week on business (my day job)." Weiner said an edited resolution will be considered by the council during its next meeting. Weiner's plan could stall the OTMR ordinance and -- though it might improve Google Fiber's current situation -- would not provide the quick access to poles sought by Google Fiber and most council members. However, Weiner said she is willing to support OTMR later on if her proposal doesn't result in significant improvements.
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AT&T and Comcast Helped Elected Official Write Plan To Stall Google Fiber

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  • Criminal behavior (Score:5, Interesting)

    by ArtemaOne ( 1300025 ) on Monday September 19, 2016 @07:59PM (#52920941)
    Unfortunately clearly anti-competitive and manipulative activities like these will never be prosecuted properly. Drafting legislation that negatively affects your competition could be prosecuted under countless existing laws, even so far as insider trading if you made any financial adjustments in advance of the laws you wrote taking effect.
    • I don't read anything wrong with what was done personally. Council member engages stakeholders not represented by original proposal to draft alternate resolution.

      The question really lies in how the two competing resolutions are reconciled.

      This is reality. Everyone wants things the easy way, and it is the city's job in this case to mediate these competing interests.

      • Re:Criminal behavior (Score:5, Interesting)

        by guruevi ( 827432 ) on Monday September 19, 2016 @11:33PM (#52921759)

        The backstory reads as such:
        Google wants to roll out fiber, AT&T and Comcast have received several orders in order to move "their" cables, however most have been outstanding for more than 100 days, AT&T and Comcast are causing nuisances by moving each cable individually and requiring (unnecessary) permits/inspections from the city and/or the electrical service for each move. So basically for every pole you have 5-6 trucks passing by (Comcast, NES, AT&T, NES, Google).

        Google proposed that 1 contractor can do all that in one visit. However, Comcast/AT&T purchased two city council members who brought up legislation that would just maintain the status quo and charge Google for their 'pre-approved contractors' to do the work, the reasons being claimed that AT&T contractors have full rights to any work on a pole due to 'union contracts' and Comcast thinks it would be fair that they stay in charge of 'maintenance' (charge money for losing customers).

        • That is what Google wants us to believe, but it isn't necessarily true. The problem is when something is damaged or incurs latent damage which cannot easily be detected.

          Back in the 80's, many cities allowed cable franchises to "clean up" the telephone poles in order to be able to install their cables and amplifiers. Many of them made a mess of it. Best practices are to have consistent leased zones on the poles and clear spacing/buffer requirements. When that isn't your existing condition and service loops

          • by guruevi ( 827432 )

            I don't think Google would have a problem if the contractors were truly independent and regulated by the City, you can just give them a contract, they'll hire and train a bunch of people and get the job done. Right now, that's not the way it is nor is it what Comcast or AT&T are proposing. Many business people have proposed similar things all over the world (instead of breaking open the street 3 times, how about you let a third party do it once, you all do your work and we'll close it down again) but th

            • Most of the reason companies avoid the joint-trench projects unless they are forced into it is that they cannot control schedule and funding. There is no means to accelerate or decelerate the project once it is given the go-ahead, unless all parties agree. Unless a single party is responsible for the joint-trench and sells capacity back, it is very hard to make it work.

              It worked well in the 00's with metro fiber because you literally had four competitors trying to install conduits and manholes at the same

    • by uncqual ( 836337 )

      What is illegal about proposing and drafting legislation and asking a politician to carry it forward?

      When you call your councilperson's office and say "People are driving too fast through my neighborhood and putting our kids at risk. Please get the law changed so we can get speed bumps installed on the 300 through 600 blocks of Oak St", what are you doing?

      The summary (of course I didn't RTFAs) doesn't suggest bribery or anything of that nature.

      • Ah yes, the republican's favorite false equivalence.
        Sorry but private citizens are not and never will be equivalent to private corporations or vice versa and literally NOTHING you conclude from assuming that can ever be anything but completely wrong.
        When citizens try to influence politicians - that's democracy at work and universally a good thing.
        When corporations, any corporations, try to do the same thing - that's plutocracy and universally an evil thing.

        • And unions?
          And Liberal Special interest groups?
          And PACs?
          And ......?

          IF you want ONLY citizens to have access to our representatives, and not any "organized" version of advocacy groups, then lets be fair and make apply all forms of advocacy groups (and I would agree with you).

          However, since I rather doubt that you'd object to "citizen advocacy" groups influencing politicians, your choice on which advocacy groups are allowed, and which ones are prohibited is purely arbitrary in nature, based on your political

          • Do the former, and I'll at least consider the latter.
            Though there is a good reason why it isn't fair to do that to do that universally - since not all advocacy groups are alike. Some represent the views of all their members, some are top-down hierarchies.
            I would limit the capacity to influence policy to groups which are run democratically - by everybody involved. So corporations are out but cooperations are in. Some unions are out and others are in. PACS are mostly out, so are some special interest groups w

            • Name a single advocacy group that represents the views of ALL of their members. I can't even say the NRA represents the views of all its members, but I can't imagine what group you are thinking of that does.

              Corporations are run democratically. The shareholders are the members, the employees sometimes, but not often get a vote. But that is no different than many organizations. The corporation I work for hands out stock to the employees along with their 401k match, so technically, I have a vote in everyth

              • Nice strawman, like the hat.
                I specifically defined what the proper criteria for a legitimate advocacy group would be: an anonymous one-man-one-vote democratic agreement on every issue it lobbies for.
                I never said the votes had to be unanimous - but at least it must be decided democratically.

                >Corporations are run democratically.
                Bwahahahahahah.
                One share one vote is not democracy - it's the very definition of plutocracy. But I suppose considering the side you take, I shouldn't be surprized that you don't kno

  • Should have to include a statement that the legislator wrote the legislation completely on their own without the assistance of any parties concerned in the legislation.
    There should be a stipulation that if they are found to be lying on the in the statement they have to spend 1 year in jail.

    • How about they spend one day dead?

      • by sconeu ( 64226 )

        That only works for tax purposes, and only if you're like a galactic megastar like Hotblack Desiato.

    • by Pascoea ( 968200 )

      I don't mean to be an ass, but that doesn't make any sense. Do you REALLY want someone who knows nothing about the industry under consideration to be writing laws about that industry? No single person is able to know enough about a subject to be able to effectively legislate it, it has to be a group effort. And chances are, the people that are smart enough about a subject probably works in that industry. If you want to know about telephone poles, and the best way to hang cables from them, are you going t

      • Do you REALLY want someone who knows nothing about the industry under consideration to be writing laws about that industry?

        Actually, I would prefer that Government stop writing laws to regulate such in this manner at all. The Telephone Poles are granted special rights (right of way) and operate usually in some sort of Franchise or Lease arraignment. As such, it would be easy to write a law that was fair to all parties.

        OR

        We start boring horizontally and burying the cables in conduit underground. Since we no longer need to hang wires, why not fix the problem right?

        • by Pascoea ( 968200 )

          So how do we regulate the horizontal boring? Or do we just let it be a free-for-all, and hope for the best?

          Not all regulation is bad regulation. Without regulation you end up with this [haaretz.com].

  • by tomhath ( 637240 ) on Monday September 19, 2016 @08:05PM (#52920975)

    The council has tentatively approved a One Touch Make Ready (OTMR) ordinance that would let a single company -- Google Fiber in this case -- make all of the necessary wire adjustments on utility poles itself

    Lobbyists help write legislation all the time. I'd be surprised if Google wasn't in on the original ordinance.

  • by Snotnose ( 212196 ) on Monday September 19, 2016 @08:07PM (#52920983)
    Color me anything but surprised.
  • by Ogive17 ( 691899 ) on Monday September 19, 2016 @08:19PM (#52921021)
    By no means am I a sympathizer with AT&T or Comcast but is it really a bad idea to get their input? In my opinion, she was doing her job by looking for options before coming to a final conclusion.

    It's easy to bash the incumbents but let's not just hand the keys to the city over to Google just yet.
    • by Gravis Zero ( 934156 ) on Monday September 19, 2016 @08:57PM (#52921173)

      Here's the problem: AT&T and Comcast want make the process of adding new cables to be a painful as possible for outside by using existing regulation. This is known as regulatory capture. It is not in AT&T's or Comcast's best interest to be helpful.

      Seriously, this is like asking the owner of a car dealership their opinion on Tesla selling directly to people.

      • by PMuse ( 320639 )

        So long as it is disclosed during the debate before the vote that Plan B is the AT&T/Comcast plan. So long as the vote is not manipulated. So long as discussing Plan B is not, itself, just a stalling tactic. Then there is nothing wrong with Plan B being heard.

        Next step: the council votes.

        • by rtb61 ( 674572 )

          Problem is these delaying tactics will simply shift fibre installs from one location to another. Any business when presented with this tactic of delay will simply resort to starting as many projects as possible, ignore the delayed ones and simply commence the approved ones, looking back at the delayed ones when it is their turn again (they will have a set maximum investment level per period and hence simply shift to alternate locations as priority). So specific regions will suffer as a result of corrupt cor

          • And before you know it, you didn't gain any market traction because you can't drum up support for 5 houses/city, and you blew through $10B+ just having contractors "ready and waiting" in 100 cities. It's not zero cost to start the effort in a city, you know?

            • by rtb61 ( 674572 )

              You do not there is a massive difference between planning and government approval and doing the actual work. Where delays are expected you only do planning and work through the approvals and delays. Once you when you can start, you then start the prep and not before. If the delay is long enough you redo your plans to suit. Even if you end up with too many approvals, you simply extend that approval over time whilst you delay the start for as many years as necessary. It makes no sense to allow delays to cont

              • I make this like painting a house. Painting a house is easy, and quick. The prep work is tedious and takes a long long time.

                The problem with Government involvement, it is much of the Prep work. Submitting of plans, approval (and revision) of plans, permits, objections by special interests groups, more revisions, permits expire, newly created permits now needed requiring resubmitting of plans for approval. 18 different government entities all vying for a piece of the action. All for Dick Waving politicians t

                • by rtb61 ( 674572 )

                  I have worked through many government approvals, just get your information right, hold personal discussions, maintain a good rapport, check with them for any difficulties the application is causing, establish and maintain a good social relationship, use like people for the approval process (people like the people you are communicating with), never rush them but do check regularly to see whether they need any additional information. I always found the prep to be pretty easy and pretty smooth once you establ

        • by uncqual ( 836337 )

          Why the disclosure? If Plan B makes more sense than Plan A, let those voting for Plan B explain why they did so to those they represent or risk recall or losing in the next election.

          The source of an idea doesn't make any difference -- the idea is what matters. When code reviewing code for correctness, style, etc, why do you care who wrote it?

          This is why peer reviews of articles are ideally blind - the reviewer doesn't know who wrote the paper so the authorship can't influence them, just the technical detail

      • In this specific case perhaps, but in general the practice is a good one.
    • It's easy to bash the incumbents but let's not just hand the keys to the city over to Google just yet.

      Don't think of it as handing the keys to the city over to Google. Rather, see it for what it is - mandating the transfer of the keys from AT&T and Comcast over to Google. And after all, the municipality owns said utility poles, so it's their decision. Besides, as much as I hate and distrust Google, I don't believe they would do anything during their work on the poles to purposely disrupt AT&T or Comcast service. But I can certainly see AT&T and Comcast putting the screws to Google in any way pos

    • It's easy to bash the incumbents but let's not just hand the keys to the city over to Google just yet.

      They're not handing over the keys. OTMR is a normal part of wiring poles. It happens ALL the time. Google is asking for something that Comcast and AT&T themselves use in other areas for the same reasons: OTMR works and everybody wins.

      Unless you are an AT&T or Comcast and you don't want a competitor coming in. Then suddenly it becomes a big deal.

    • Not only is it not a bad idea, it's a practice that's commonplace, old, and available to any individual constituent or lobby. Lawmakers solicit and accept input from everybody and anybody. They're also lazy and tend to lack expertise, so they'll take help where they can get it.

      Seeking input from impacted parties isn't just convenient for lawmakers, its damn good practice. How it turns out varies.

  • News Flash: Monopolies buy politicians to protect their monopoly! Masses shocked! Film at 11.

    Seriously though, this is no surprise. These monopolies have been making money hand over fist for decades on delivering Cable TV or phone service to a captive audience. They now see their internet business slowly cannibalizing their cable TV business (analog cable is already dead here, there is no reason all content cannot be streamed online) or completely eliminating their phone service ($120 for Ooma and never

    • " Letting a monopoly write your legislation should be illegal."
      .
      .
      Actually, letting any single entity or individual write your legislation ought to be illegal. Especially if they have a vested interest or a conflict of interest.

    • Letting a monopoly write your legislation should be illegal.

      Government sanction franchise agreement holder.

      Remove the need for Franchise agreements and the problem of "monopoly" goes away.

  • by bl968 ( 190792 ) on Tuesday September 20, 2016 @12:19AM (#52921879) Journal

    Eminent domain all the polls in Nashville.

    Create the Nashville Telecommunication Services a city government ran agency/non-profit corporation to handle all maintenance and wiring on the poles.

    All companies who wish to use them simply pays 1/#ofproviders of the total maintenance cost for the poles.

    So 1 Company pays 100%
    2 Companies pays 50%
    3 Companies pays 33% etc

    The more companies using the poles the cheaper the poles are for each company doing so.

    • by bl968 ( 190792 )

      Err poles not polls, gotta love phone autocorrect..

    • If you're gonna do that, you might as well just pull the fiber to each house and end the Franchise agreements to ATT and Comcast. Pull to a COLO facility and offer any / all service providers to provide service to as many customers as they can contract with. Charge a maintenance fee for maintaining poles and fiber as needed based on usage.

      End the monopoly at the last mile.

  • OTMR is done ALL the time, all over the US and probably in other countries. It's not drastic. It's NORMAL.

    You know, a word that means the opposite of drastic. Normal. A word that means, well, normal.

    AT&T and Comcast NORMALLY have little to no problem with OTMR except well, in this case, a competitor they don't want is the one who needs to do a lot of OTMR. And then suddenly the thing everybody has done for years is drastic.

    Riiiight. Nothing fishy going in here. They just, you know, faxed it over,

  • Because more likely it's "AT&T and Comcast bribed politician to push legislation they want".

  • The US Government along with help from the RIAA/MPAA offered to help NZ write their changes to copyright law a few years back
  • So, an elected official is either approached by an AT&T/Comcast lobby group or approaches them, and she then allows that lobby group to submit legislative proposals to the council in her name because (paraphrasing somewhat) "she was too busy doing other stuff to make time to do it herself".
    You know, I recall a few British and European politicians doing that over the last 15-20 years. One example, the "Cash for Questions" scandal in the 1990's... https://en.wikipedia.org/wiki/... [wikipedia.org]
    It was labelled Corruptio

  • So does this mean Marsha Blackburn has to take turns with Sheri Weiner servicing AT&T and Comcast? Which one gets to swallow?

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